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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Initially, I agree with Justice Kennard that repetitive suits by nonparties in this case is not a realistic possibility. (Cone. opn. of Kennard, J., ante, at p. 142.) Were the court to enforce the trial court’s disgorgement order (minus its provisions respecting “Tenant Initiation Expense Reimbursement” or TIER fees), and were a former tenant not a party to this action subsequently to sue under the UCL based on defendants’ actions between April 1990 and *159April 1994,6 no court entertaining such an action could award additional disgorgement because, by virtue of the judgment in this case, defendants would have given up all their ill-gotten gains and, as a matter of law, would have nothing left to disgorge.7 Nor, were such a potential future plaintiff to restrict her remedial plea to restitution of amounts she herself paid, would the suit threaten doubly to penalize defendants, as in such a case the plaintiff would be referred to the previously established fluid recovery fund for reimbursement as eligible. Neither scenario implicates due process, either for defendants or plaintiffs.

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