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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Senate and Assembly legislative history sources respecting the 1972 amendments to section 17535 “indicate that the Legislature was concerned to affirm the ‘general equity power’ of the courts, particularly the power to order restitution.” (Dean Witter Reynolds, Inc. v. Superior Court, supra, 211 Cal.App.3d at p. 774, citing Assem. Com. on Judiciary, Analysis of Assem. Bill No. 1763 (1972 Reg. Sess.) May 1, 1972; Sen. Com. on Judiciary, Analysis of Assem. Bill No. 1763 (1972 Reg. Sess.) undated.) As discussed, California courts’ “general equity power,” then as now, encompassed cy pres and fluid remedies; accordingly, these contemporaneous legislative history documents plainly do not support—but, rather, refute—the majority’s tortured attempt to demonstrate that, when the Legislature amended section 17535 and the UCL, concededly thereby “confirming]” (maj. opn., ante, at p. 132) California courts’ equitable powers, it somehow at the same time restricted those powers so as to foreclose full enforcement of orders, like the trial court’s in the instant case, that employ such equitable devices.

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