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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Even while acknowledging its consonance with section 17203’s plain language, the majority largely invalidates the trial court’s remedial order in this case, asserting that “permitting orders for disgorgement into a fluid recovery fund would be inconsistent with the Legislature’s decision to expressly authorize fluid recovery in class actions and to provide that Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.) suits on behalf of the plaintiff and other similarly situated consumers may be brought as class actions, . . . while failing to authorize fluid recovery in representative UCL actions.” (Maj. opn., ante, at p. 137; see also id. at p. 132, citing Code Civ. Proc., § 384.)

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