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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Contrary to the majority's apparent implication (see maj. opn., ante, 96 Cal. Rptr.2d at p. 492 & fn. 11, 999 P.2d at p. 725 & fn. 11), nothing in section 17203or anywhere else in the UCLsuggests the Legislature's use of the phrase "any person in interest" (§ 17203) was intended to restrict a court's inherent equitable powers when crafting UCL remedies. As the majority points out, this language originated in the 1972 amendments to section 17535 and subsequently was added to the UCL. (Maj. opn., ante, at p. 496, 999 P.2d at p. 728.) We previously have noted that "whenever the Legislature has acted to amend the UCL, it has done so only to expand its scope, never to narrow it." (Stop Youth Addiction, supra, 17 Cal.4th at p. 570, 71 Cal.Rptr.2d 731, 950 P.2d 1086.) In describing one category of permissible UCL remedies, section 17203 refers generically to orders "necessary to restore" unfair competition proceeds, but notably does not employ the more specific term, "restitution." Thus, as the majority recognizes, an order that a defendant disgorge money obtained through an unfair business practice "may include a restitutionary element, but is not so limited." (Maj. opn., ante, at p. 492, 999 P.2d at p. 725.)

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