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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I agree with the District Attorneys that we should retain a flexible construction of section 17203, permitting trial courts to countenance the full range of equitable and statutory UCL remedies, including in appropriate cases cy pres fluid recovery, even absent class certification. The District Attorneys amply demonstrate that the deterrent effect of private UCL actions is an essential component of California’s scheme for combating unfair competition. And, as we have understood for over 20 years, obtaining “ ‘the full impact of the deterrent force [of UCL remedies] is essential if adequate enforcement [of the law] is to be achieved. One requirement of such enforcement is a basic policy that those who have engaged in proscribed conduct surrender all profits flowing therefrom.’ ” (Fletcher, supra, 23 Cal.3d at p. 451, first brackets added; see also Bank of the West v. Superior Court (1992) 2 Cal.4th 1254, 1267 [10 Cal.Rptr.2d 538, 833 P.2d 545], superseded by statute on another point [Legislature considered UCL deterrence “so important that it authorized courts to order restitution without individualized proof of deception, reliance, and injury”].)

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