Section 17203

Citation: Section 17203
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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As it did in other parts of the UCL, the Legislature used the disjunctive in section 17203, authorizing orders "necessary to prevent ... unfair competition ... or as may be necessary to restore to any person in interest any money or property" (italics added), expressly thereby articulating two broad categories of permissible UCL remedies. Orders necessary to "prevent" future unfair competition and orders necessary to "restore" proceeds of past unfair competition are both authorized. (See Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 561, 71 Cal.Rptr.2d 731, 950 P.2d 1086 (Stop Youth Addiction) [Legislature's use in § 17204 of the disjunctive when listing the entities empowered to bring UCL actions for relief "`plainly suggests it meant to designate such entities in the alternative'"]; Cel-Tech Communications, Inc. v. Los Angeles *506 Cellular Telephone Co. (1999) 20 Cal.4th 163, 180, 83 Cal.Rptr.2d 548, 973 P.2d 527 [as "`section 17200 is written in the disjunctive, it establishes three varieties of unfair competitionacts or practices which are unlawful, or unfair, or fraudulent' "]; see generally Reiter v. Sonotone Corp. (1979) 442 U.S. 330, 339, 99 S.Ct. 2326, 60 L.Ed.2d 931 [canons of statutory construction "ordinarily suggest that terms connected by a disjunctive be given separate meanings"].)

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