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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The majority does not suggest there would be any due process problem if, after issuance of a particular UCL fluid recovery order, a subsequent plaintiff, before the statute of limitations had run, commenced and prosecuted to judgment a claim based on the same conduct by the defendant and recovered in that subsequent action other or greater remedies for other or greater injuries than were redressed or proven in the former action. Nor would there be a due process problem to the extent such a plaintiff’s actual recovery in the second action might (on the defendant’s application or the court’s own motion) appropriately be fashioned to account for availability of remedies established in the first action (such as restitution from a fluid recovery fund) for the same injuries.

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