In Clark v. Superior Court (Nat'l Western Life Ins. Co.), ___ Cal.App.4th ___ (May 21, 2009), the Court of Appeal (Second Appellate District, Division Seven) held that Civil Code section 3345, which authorizes enhanced remedies in actions by senior citizens for “unfair or deceptive acts or practices or unfair methods of competition,” applies in UCL cases.
Notably, the opinion cites Tobacco:
The deterrent effect of a restitution remedy under the unfair competition law was most recently articulated in In re Tobacco II Cases (May 18, 2009, S147345) ___ Cal.4th ___ [2009 Cal. Lexis 4365], in which the Supreme Court noted in the context of interpreting Proposition 64’s impact on class actions that its holdings in prior nonrestitutionary disgorgement cases “did not overrule any part of Fletcher v. Security Pacific National Bank, supra, 23 Cal.3d 442, under which restitution may be ordered ‘without individualized proof of deception, reliance, and injury if necessary to prevent the use or employment of an unfair practice.’” (In re Tobacco II Cases, at p. ___, fn. 14.)
Slip op. at 15 (footnote omitted). The opinion also discusses Korea Supply and Cel-Tech.
UPDATE: On September 9, 2009, the California Supreme Court granted review in this case.