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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[2] Nowhere in any of the statutes cited by the majority is it "expressly provided" that UCL remedies are displaced or even limited. "The term `"expressly" means "in an express manner; in direct or unmistakable terms; explicitly; definitely; directly."'" (Stop Youth Addiction, supra, 17 Cal.4th at p. 573, 71 Cal. Rptr.2d 731, 950 P.2d 1086, citing Webster's New Internat. Diet. (3d ed.1981) p. 803.) In order to conclude, as the majority states, that the mere existence of the CLRA and Code of Civil Procedure section 384 impliedly bars UCL fluid recovery, "we would have to read the word `implicitly' into section 17205 or read the word `expressly' out of it. Our office, of course, `is simply to ascertain and declare' what is in the relevant statutes, `not to insert what has been omitted, or to omit what has been inserted.'" (Stop Youth Addiction, supra, at p. 573, 71 Cal.Rptr.2d 731, 950 P.2d 1086, quoting Code Civ. Proc, § 1858.) "We are not authorized to insert qualifying provisions not included, and may not rewrite the statute to conform to an assumed intention which does not appear from its language." (Stop Youth Addiction, supra, at p. 573, 71 Cal.Rptr.2d 731, 950 P.2d 1086.)

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