Section 17535

Citation: Section 17535
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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The trial court’s order is “necessary to prevent” future unfair competition because, as we have recognized, an “ ‘injunction against future violations, while of some deterrent force, is only a partial remedy’ ” (Fletcher v. *146Security Pacific National Bank (1979) 23 Cal.3d 442, 451 [153 Cal.Rptr. 28, 591 P.2d 51] (Fletcher)). Permitting defendants to retain any portion of their illicit profits would “ ‘impair the full impact of the deterrent force that is essential if adequate enforcement’ ” of the UCL is to be achieved. {Ibid.) In fact, the trial court’s order would seem crafted for maximum preventive impact—directing, as it does, both that defendants fully disgorge the proceeds of their illegal acts and that any disgorged funds not returnable to defendants’ reasonably identifiable direct victims be devoted, in trust and on appropriate terms, to the maintenance and defense of the legal rights and interests of the jurisdiction’s residential tenants. (See State of California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 474 [224 Cal.Rptr. 605, 715 P.2d 564] (Levi Strauss) [under one form of fluid recovery, “uncollected funds are disbursed to a responsible governmental organization for use on projects that benefit noncollecting class members and promote the purposes of the underlying cause of action”].)

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