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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (353)

Full Text

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In actions that may arise subsequent to a UCL fluid recovery order, just as California courts are served by legal and equitable principles empowering them to craft remedies in light of relief previously awarded, so too they are bound by others forbidding them to permit any kind of double recovery. (See, e.g., City of Moorpark v. Superior Court (1998) 18 Cal.4th 1143, 1158, 77 Cal.Rptr.2d 445, 959 P.2d 752 [citing the rule that "employees who settle their claims for lost wages and work benefits as part of a [Labor Code] section 132a proceeding could not recover these damages as part of a subsequent FEHA proceeding" as an example of how "equitable principles preclude double recovery for employees"]; Richards v. Owens-Illinois, Inc. (1997) 14 Cal.4th 985, 994, 60 Cal.Rptr.2d 103, 928 P.2d 1181 [to prevent double recovery, damages awarded employee in trial against third party tortfeasors must be reduced by amount of workers compensation benefits received]; Lazar v. Superior Court (1996) 12 Cal.4th 631, 638, 49 Cal.Rptr.2d 377, 909 P.2d 981 [invoking "the rule against double recovery of tort and contract compensatory damages"].)