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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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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*518 The trial court ordered defendant landlords to disgorge $448,000 (plus interest) in liquidated damages they illegally collected while leasing apartments over four years, but the majority today declines to enforce that order except to the extent any money disgorged is paid as restitution to identified former tenants. The trial court's order identifies $2,255 in illegal proceeds payable as such. The difference is $445,745, plus interest. That this court should reach out, contrary to plain statutory language, legislative history and long-standing judicial precedent in which our Legislature consistently has acquiesced, so as to permit defendants to retain these illgotten gains, is regrettable.