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... ↗

Full Text

1,299 chars

The majority also seems to suggest that, simply in specifying the remedy or relief available, section 17203 “thereby limit[s] the extent of equitable relief’ courts may grant in UCL actions. (Maj. opn., ante, at p. 131, fn. 14.) Exactly what the majority means here by the “extent” of equitable relief is difficult to discern, but, in any event, the majority offers no authority for its novel suggestion. The majority also fails to explain how the Legislature’s express authorization of “such orders ... as may be necessary” (§ 17203) to deter unfair competition or restore its proceeds can, either linguistically or logically, be construed as a limit on courts’ inherent equitable powers. “[W]hen the Legislature has desired to limit UCL remedies, it has ‘expressly provided’ (§ 17205) for such limitation” (Stop Youth Addiction, supra, 17 Cal.4th at p. 573), but section 17203 contains no such express limit. Nor does the UCL or any other statute contain an express limitation on cy pres or fluid recovery. To the contrary, “the Legislature has clearly stated its intent that the remedies and penalties under the [UCL] are cumulative to other remedies and penalties.” (Manufacturers Life Ins. Co. v. Superior Court *151(1995) 10 Cal.4th 257, 284 [41 Cal.Rptr.2d 220, 895 P.2d 56], citing § 17205.)

Other Sections in This Document (353)

Full Text