Many thanks to the blog reader who pointed out that on September 9, 2009, the Supreme Court granted review in Clark v. Superior Court (National Western Life Ins. Co.), no. S174229. This is the issue on review:
Is Civil Code section 3345, which permits an enhanced award of up to three times the amount of a fine, civil penalty, or "any other remedy the purpose or effect of which is to punish or deter" in actions brought by or on behalf of senior citizens or disabled persons seeking to "redress unfair or deceptive acts or practices or unfair methods of competition," applicable in an action brought by senior citizens seeking restitution under the Unfair Competition Law (Bus. & Prof. Code, section 17200 et seq.)?(Emphasis added.) The Court of Appeal's opinion is Clark v. Superior Court (Nat'l Western Life Ins. Co.), ___ Cal.App.4th ___ (May 21, 2009), and my original blog post on it is here.
This case has been added to my list of pending Supreme Court cases raising issues related to the UCL, the CLRA and class action practice. I've also updated that list to fix all the broken links that resulted when the Supreme Court revamped its website a few months ago.