Section 17203

Citation: Section 17203
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 asserts there is "nothing ..., in the legislative history of sections 17203 and 17535 to suggest that the Legislature intended to authorize fluid recovery in representative UCL actions when it made the power to order restitution statutory" (maj. opn., ante, 96 Cal.Rptr.2d at p. 496, 999 P.2d at p. 729), but I disagree. As discussed above, California courts' authority to order cy près restitution (called "fluid recovery" in the class action context) long predated the Legislature's 1972 amendment of section 17535 and its subsequent parallel amendment of the UCL, and the majority acknowledges "the Legislature added express power to order restitution to section 17535 only to clarify the law." (Maj. opn, ante, at p. 496, 999 P.2d at p. 729; see also Fletcher, supra, 23 Cal.3d at p. 453, fn. 6, 153 Cal.Rptr. 28, 591 P.2d 51; Jayhill, supra, 9 Cal.3d at p. 287, fn. 1, 107 Cal.Rptr. 192, 507 P.2d 1400 [1972 amendments to § 17535 were "simply to clarify existing law"].)

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