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« Blog pages updated | Main | Oral argument scheduled in Kwikset Corp v. Superior Court (Benson) »

Tuesday, October 05, 2010

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Phil Obbard

TII concerns liability and Clark concerns the measure of monetary relief. So, to protect the public, at the liability stage the Court focuses on the Defendant's alleged bad acts, not on whether any specific person has been injured. If Defendant has been bad (engaged in an unlawful business practice), then the Court issues an injunction and considers whether to award monetary relief. When awarding monetary relief under the UCL, the Court's goal is to restore the Plaintiff to the status quo ante, so the focus of monetary relief is on what was taken from the Plaintiff.

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