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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In Parkmerced, supra, 198 Cal.App.3d 683, a nonclass action pursuant to sections 17203 and 17206 seeking injunctive relief, civil penalties and reimbursement of illegal fees, remedial refunds due former tenants who could not be located were ordered turned over to a residents’ association. The Court of Appeal upheld the order, thus permitting both restitution to identifiable direct victims and disgorgement to an interested third party. The *156court declared that, while the residents’ organization was not a party, “it took a continuing interest in the matter, assisted the district attorney in gathering pertinent information, and had a vested interest in its outcome. Refunding the unclaimed securities to the organization for its use in representing the interests of the Parkmerced tenants is an appropriate disposition of the penalty funds.” (.Parkmerced, supra, at p. 693.)

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