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 majority’s own authorities refute its legislative history argument. The Legislature stated when enacting the CLRA in 1970 that “[t]he provisions of this title are not exclusive” and “[t]he remedies provided . . . shall be in addition to any other procedures or remedies provided for in any other law.” (Stats. 1970, ch. 1550, § 1, p. 3157; as amended, see now Civ. Code, § 1752.) In 1975 amendments, the Legislature clarified that, “[i]f any act or practice proscribed under [the CLRA] also constitutes a cause of action in common law or a violation of another statute, the consumer may assert such common law or statutory cause[s] of action under the procedures and with the remedies provided for in such law.” (Stats. 1975, ch. 615, § 1, p. 1344; now Civ. Code, § 1752.) It follows that, contrary to the core rationale of the majority’s legislative history argument, the Legislature did not intend, either when enacting or amending the CLRA, to displace cy pres, fluid recovery, or any other statutory or common law procedure or remedy available in unfair competition actions.

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