section 17203 injunctive relief (California) · Go Syfert
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section 17203 injunctive relief in California

8 California opinions name it 2 courts 1990–2020 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Clayworth v. Pfizer, Inc.green
cal · 2010 · cited in 4 California opinions naming this issue, 2015–2019
2 sentences

2019(Cf. Clayworth v. Pfizer, Inc. (2010) 49 Cal.4th 758 , 790, 111 Cal.Rptr.3d 666 , 233 P.3d 1066 ["[T]he right to seek injunctive relief under section 17203 is not dependent on the right to seek restitution"].) But appellants conceded the no-premium-wages policy ended in June 2007 and did not seek to enjoin it. ( Safeway , supra , 238 Cal.App.4th at p. 1152 , 190 Cal.Rptr.3d 131 .) We acknowledged that the time punch data and evidentiary presumption could establish that "a significant number of employees" accrued premium wages, but distinguished such a showing from the different showing that "a

2019(Cf. Clayworth v. Pfizer, Inc. (2010) 49 Cal.4th 758 , 790, 111 Cal.Rptr.3d 666 , 233 P.3d 1066 ["[T]he right to seek injunctive relief under section 17203 is not dependent on the right to seek restitution"].) But appellants conceded the no-premium-wages policy ended in June 2007 and did not seek to enjoin it. ( Safeway , supra , 238 Cal.App.4th at p. 1152 , 190 Cal.Rptr.3d 131 .) We acknowledged that the time punch data and evidentiary presumption could establish that "a significant number of employees" accrued premium wages, but distinguished such a showing from the different showing that "a

34
Nelson v. Pearson Ford Co.red
calctapp · 2010 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012A trial court has “broad power under the UCL to ‘enjoin on-going wrongful business conduct in whatever context such activity might occur.’ [Citations.]” (Nelson v. Pearson Ford Co. (2010) 186 Cal.App.4th 983, 1015 [ 112 Cal.Rptr.3d 607 ].) The FAL does not prevent a plaintiff from maintaining a state law action in state court for an alleged failure to disclose a particular rate or rate practice.

2012A trial court has “broad power under the UCL to ‘enjoin on-going wrongful business conduct in whatever context such activity might occur.’ [Citations.]” (Nelson v. Pearson Ford Co. (2010) 186 Cal.App.4th 983, 1015 [ 112 Cal.Rptr.3d 607 ].) The FAL does not prevent a plaintiff from maintaining a state law action in state court for an alleged failure to disclose a particular rate or rate practice.

11
In Re Tobacco II Casesgreen
cal · 2009 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Section 17203 makes injunctive relief “the primary form of relief available under the UCL,” while restitution is merely “ancillary.” (In re Tobacco II Cases (2009) 46 Cal.4th 298, 319 [ 93 Cal.Rptr.3d 559 , 207 P.3d 20 ].) Nothing in the statute’s language conditions a court’s authority to order injunctive relief on the need in a given case to also order restitution.

2010Section 17203 makes injunctive relief “the primary form of relief available under the UCL,” while restitution is merely “ancillary.” (In re Tobacco II Cases (2009) 46 Cal.4th 298, 319 [ 93 Cal.Rptr.3d 559 , 207 P.3d 20 ].) Nothing in the statute’s language conditions a court’s authority to order injunctive relief on the need in a given case to also order restitution.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Safeway, Inc. v. Superior Court green
calctapp · 2015
2 sentences

2019(Cf. Clayworth v. Pfizer, Inc. (2010) 49 Cal.4th 758 , 790, 111 Cal.Rptr.3d 666 , 233 P.3d 1066 ["[T]he right to seek injunctive relief under section 17203 is not dependent on the right to seek restitution"].) But appellants conceded the no-premium-wages policy ended in June 2007 and did not seek to enjoin it. ( Safeway , supra , 238 Cal.App.4th at p. 1152 , 190 Cal.Rptr.3d 131 .) We acknowledged that the time punch data and evidentiary presumption could establish that "a significant number of employees" accrued premium wages, but distinguished such a showing from the different showing that "a

2019(Cf. Clayworth v. Pfizer, Inc. (2010) 49 Cal.4th 758 , 790, 111 Cal.Rptr.3d 666 , 233 P.3d 1066 ["[T]he right to seek injunctive relief under section 17203 is not dependent on the right to seek restitution"].) But appellants conceded the no-premium-wages policy ended in June 2007 and did not seek to enjoin it. ( Safeway , supra , 238 Cal.App.4th at p. 1152 , 190 Cal.Rptr.3d 131 .) We acknowledged that the time punch data and evidentiary presumption could establish that "a significant number of employees" accrued premium wages, but distinguished such a showing from the different showing that "a

32019–2019
Madani v. Rabinowitz green
calctapp · 2020
1 sentence

2020That, of course, is not the law. ‘Section 17203 makes injunctive relief “the primary form of relief available under the UCL,” while restitution is merely “ancillary.”’ [Citation.]” (Id. at pp. 801- 802.) The parties disagree on our standard of review. “‘Whether a plaintiff “is entitled to a particular measure of damages is a question of law subject to de novo review. [Citations.] The amount of damages, on the other hand, is a fact question . . . 5 [and] an award of damages will not be disturbed if it is supported by substantial evidence.” [Citation.]’ [Citation.]” (Madani v. Rabinowitz (2020)

12020–2020
Day v. AT & T CORP. green
calctapp · 1998
1 sentence

2012(Day, supra, 63 Cal.App.4th at p. 332 .) Section 17203 provides for injunctive relief in the case of unfair competition.

12012–2012
Klamath-Orleans Lumber, Inc. v. Miller green
calctapp · 1978
2 sentences

1990Business and Professions Code section 17200 provides: “As used in this chapter, unfair competition shall mean and include unlawful, unfair or fraudulent business practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.” Business and Professions Code section 17203 provides for injunctive relief against “[a]ny person performing or proposing to perform an act of unfair competition within this state.” In Klamath-Orleans Lumber, Inc. v. Miller (1978) 87 Cal.App.3

1990Business and Professions Code section 17200 provides: “As used in this chapter, unfair competition shall mean and include unlawful, unfair or fraudulent business practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.” Business and Professions Code section 17203 provides for injunctive relief against “[a]ny person performing or proposing to perform an act of unfair competition within this state.” In Klamath-Orleans Lumber, Inc. v. Miller (1978) 87 Cal.App.3

11990–1990

Statutes the citing opinions construe

CA § Cal. Business and Professions Code § 17203 (8) CA § Cal. Evidence Code § 802 (3) CA § Cal. Evidence Code § 803 (3) CA § Cal. Labor Code § 226.7 (3) CA § Cal. Labor Code § 2698 (3) CA § Cal. Labor Code § 2699.3 (3) CA § Cal. Labor Code § 512 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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