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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Thus, in UCL actions seeking fluid recovery, as in all UCL actions, a court has power and authority to fashion a constitutional remedy. For example, as discussed, a trial court has discretion, in the exercise of its broad equitable powers under the UCL, in an appropriate case to require class action procedures, or to require advance notice to nonparties. The majority does not dispute a trial court’s equitable power not to award fluid recovery in *160particular cases, or to award it on terms designedly protective of constitutional rights. Nothing in the UCL—or any other statute, so far as I am aware—prevents a defendant from insisting upon, or a court in the exercise of the “full range” of its equitable powers from ordering, controls and procedures that ensure against any risk of double disgorgement. (See generally ABC, supra, 14 Cal.4th at p. 1269; Jayhill, supra, 9 Cal.3d at p. 286.)

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