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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Although this is not a publicly prosecuted UCL action and the majority does not state it would bar cy pres or fluid recovery in such actions, one implication of the majority’s construction of the UCL is to call into question the basis for these remedies in UCL actions generally. As the District Attorneys point out, section 17203, in describing permissible UCL remedies, draws no distinction between public and private actions. The District Attorneys emphasize, moreover, that complete disgorgement is a common remedial goal in publicly prosecuted UCL actions, as well as in private actions. In expressly construing the UCL to ban fluid recovery in private, uncertified UCL actions, therefore, the majority must accept responsibility for articulating a rationale that threatens to undermine public prosecutorial prerogatives as well.

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