Section 17535

Citation: Section 17535
Parent Document: Kraus v. Trinity Management Services, Inc., 999 P.2d 718 (2000)
Jurisdiction: California (state)
Effective Date: 2000-06-05
Original Source: https://www.courtlistener.com/opinion/1159700/kraus-v-trinity-management-serv... ↗

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Amicus curiae, the California District Attorneys Association (District Attorneys), a statewide organization comprised of public officers charged with enforcing the UCL, explains that California courts for many years have used the cy pres concept in ordering disgorgement of unlawfully obtained funds where direct compensation of victims cannot practically be effected. Taking a position diametrically opposed to the majority, the District Attorneys state that barring fluid disgorgement in private, uncertified UCL actions (as the majority does today) will undermine the UCL’s function as “an efficient alternative to class actions as a means of addressing unlawful conduct through equitable remedies.” As public prosecutors, the District Attorneys emphasize that private UCL enforcement is a vital supplement to their efforts against illegal business practices in this state.

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