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  • Kimberly A. Kralowec
    The Kralowec Law Group
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    Tel: (415) 546-6800
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    Web: www.kraloweclaw.com
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Friday, July 20, 2007

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Comments

J.H.

The Akkerman v. Mecta Corp. (probably a case you should explore more on the site) is authority that may make this practice more difficult. The court upheld the trial courts decision not to certify a UCL restitution class action in part because it was inefficient -- individual actions would still be necessary needed for recovery of damages.

But there is also interesting bit in that section of the decision that cites pre Prop 64 jurisprudence for the proposition that an individual can still use the UCL to get an injunction on behalf of the general public.

Also, the discussion of predominance of individual issues implicitly holds that reliance is an element of a UCL cause of action, or at least that it is a factor to be considered in determining whether an individual class member is entitled to restitution.

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