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« "Jury's Wal-Mart Whammy Jolts State Labor Law" | Main | Petition for review filed in Hartford Fire Ins. Co. v. Superior Court »

Thursday, January 12, 2006

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Comments

John Hurley

Interesting. The court seems to duck some of the hard and unresolved issues about what factual circumstances can support an award of restitution by focusing on evidentiary issues.

But one thing the court did do was that it duscussed the restitution remedies under the CLRA and UCL as one -- implying that there is no difference between the scope of restitution available under the UCL as opposed to under common law or other statutory causes of action.

Kimberly

I noticed that and thought it was interesting. The Court also said that CLRA "damages" can and should be calculated differently from UCL "restitution," and that the two forms of relief could be awarded in such a way as to avoid any inconsistency. (Slip op. at 33-34.)

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