remedies available violation (California) · Go Syfert
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remedies available violation in California

5 California opinions name it 1 courts 2001–2023 2 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 (4)

CaseFollowedCited
McGill v. Citibank, N.A.green
cal · 2017 · cited in 2 California opinions naming this issue, 2019–2021
2 sentences

2021(Cruz 33 v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 , 315–316 (Cruz); Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066, 1077 (Broughton).)” (McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, 951 (McGill).) Proposition 64’s amendment of the standing requirements for an action under the UCL “do not preclude a private individual who has ‘suffered injury in fact and has lost money or property as a result of’ a violation of the UCL or the false advertising law (Bus. & Prof.

2019This broad reading of the preclusive effect of section 1782, subdivision (b), is inconsistent with the Legislature’s intent that the CLRA “be liberally construed and applied.” (§ 1760; accord, McGill v. Citibank N.A., supra, 2 Cal.5th at p. 954 .) In addition, Seidner’s reading of section 1782, subdivision (b), as a bar to all Valdez’s claims is contrary to the language in section 1752 that “[i]f any act or practice proscribed under this title also constitutes a cause of action in 19 We recognize many of the remedies available to Valdez under section 1632, the UCL, and for fraud were duplicati

22
Broughton v. Cigna Healthplansgreen
cal · 1999 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(Cruz 33 v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 , 315–316 (Cruz); Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066, 1077 (Broughton).)” (McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, 951 (McGill).) Proposition 64’s amendment of the standing requirements for an action under the UCL “do not preclude a private individual who has ‘suffered injury in fact and has lost money or property as a result of’ a violation of the UCL or the false advertising law (Bus. & Prof.

11
Terry v. Bendergreen
calctapp · 1956 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(See People v. Vallerga (1977) 67 Cal.App.3d 847, 867 [ 136 Cal.Rptr. 429 ]; Terry v. Bender (1956) 143 Cal.App.2d 198, 203-204, 207-208 [ 300 P.2d 119 ].) More critically to this appeal, courts also have liberally interpreted the remedies available for a violation of section 1090 to permit the public entity to recover compensation without restoring the benefits it received under the contract.

2007(See People v. Vallerga (1977) 67 Cal.App.3d 847, 867 [ 136 Cal.Rptr. 429 ]; Terry v. Bender (1956) 143 Cal.App.2d 198, 203-204, 207-208 [ 300 P.2d 119 ].) More critically to this appeal, courts also have liberally interpreted the remedies available for a violation of section 1090 to permit the public entity to recover compensation without restoring the benefits it received under the contract.

11
People v. Vallergagreen
calctapp · 1977 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(See People v. Vallerga (1977) 67 Cal.App.3d 847, 867 [ 136 Cal.Rptr. 429 ]; Terry v. Bender (1956) 143 Cal.App.2d 198, 203-204, 207-208 [ 300 P.2d 119 ].) More critically to this appeal, courts also have liberally interpreted the remedies available for a violation of section 1090 to permit the public entity to recover compensation without restoring the benefits it received under the contract.

2007(See People v. Vallerga (1977) 67 Cal.App.3d 847, 867 [ 136 Cal.Rptr. 429 ]; Terry v. Bender (1956) 143 Cal.App.2d 198, 203-204, 207-208 [ 300 P.2d 119 ].) More critically to this appeal, courts also have liberally interpreted the remedies available for a violation of section 1090 to permit the public entity to recover compensation without restoring the benefits it received under the contract.

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 (8)

CaseCitedYears
Berryman v. Merit Property Management, Inc. green
calctapp · 2007
1 sentence

2023It embraces ‘ “ ‘ “anything that can properly be called a business practice and that at the same time is forbidden by law.” ’ ” ’ ” (Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal.4th 1134, 1143 , fn. omitted.) Because the UCL “ ‘is written in the disjunctive, it establishes three varieties of unfair competition—acts or practices which are unlawful, or unfair, or fraudulent.’ 44 [Citation.] An act can be alleged to violate any or all of the three prongs of the UCL—unlawful, unfair, or fraudulent.” (Berryman v. Merit Property Management, Inc. (2007) 152 Cal.App.4th 1544, 1554 .) Howeve

12023–2023
Korea Supply Co. v. Lockheed Martin Corp. green
cal · 2003
1 sentence

2023It embraces ‘ “ ‘ “anything that can properly be called a business practice and that at the same time is forbidden by law.” ’ ” ’ ” (Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal.4th 1134, 1143 , fn. omitted.) Because the UCL “ ‘is written in the disjunctive, it establishes three varieties of unfair competition—acts or practices which are unlawful, or unfair, or fraudulent.’ 44 [Citation.] An act can be alleged to violate any or all of the three prongs of the UCL—unlawful, unfair, or fraudulent.” (Berryman v. Merit Property Management, Inc. (2007) 152 Cal.App.4th 1544, 1554 .) Howeve

12023–2023
In re Tobacco Cases II green
calctapp · 2015
1 sentence

2021Rather, [section 17203] provides that the court ‘may make such orders or judgments . . . as may be necessary to prevent the use or employment . . . of any practice which constitutes unfair competition . . . or as may be necessary to restore . . . money or property.’”’ (Zhang[ v. Superior Court (2013)] 57 Cal.4th [364,] 371.)” (In re Tobacco Cases II (2015) 240 Cal.App.4th 779, 790 .) The remedies available for a violation of the UCL include “public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the

12021–2021
Cruz v. PacifiCare Health Systems, Inc. green
cal · 2003
1 sentence

2021(Cruz 33 v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 , 315–316 (Cruz); Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066, 1077 (Broughton).)” (McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, 951 (McGill).) Proposition 64’s amendment of the standing requirements for an action under the UCL “do not preclude a private individual who has ‘suffered injury in fact and has lost money or property as a result of’ a violation of the UCL or the false advertising law (Bus. & Prof.

12021–2021
Thomson v. Call green
cal · 1985
1 sentence

2007(Thomson v. Call, supra, 38 Cal.3d at p. 647 ; Carson Redevelopment Agency v. Padilla, supra, 140 Cal.App.4th at p. 1331 .) Because contracts in violation of section 1090 are against fundamental public policy, parties who participate in the unlawful making of the contract should forfeit all interest flowing from the contract to avoid the prospect of unjust enrichment.

12007–2007
CARSON REDEVELOPMENT AGENCY v. Padilla green
calctapp · 2006
1 sentence

2007(Thomson v. Call, supra, 38 Cal.3d at p. 647 ; Carson Redevelopment Agency v. Padilla, supra, 140 Cal.App.4th at p. 1331 .) Because contracts in violation of section 1090 are against fundamental public policy, parties who participate in the unlawful making of the contract should forfeit all interest flowing from the contract to avoid the prospect of unjust enrichment.

12007–2007
Chapman v. California red
scotus · 1967
2 sentences

2001Based on my reading of this record and the prejudice to defendant caused by the admission of the illicitly taped phone conversation with Philip Loyd I would reverse defendant's conviction for the murder of her mother, regardless of whether we measure the prejudice under People v. Watson (1956) 46 Cal.2d 818 , 299 P.2d 243 or under Chapman v. California (1967) 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 .

2001Based on my reading of this record and the prejudice to defendant caused by the admission of the illicitly taped phone conversation with Philip Loyd I would reverse defendant's conviction for the murder of her mother, regardless of whether we measure the prejudice under People v. Watson (1956) 46 Cal.2d 818 , 299 P.2d 243 or under Chapman v. California (1967) 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 .

12001–2001
People v. Watson green
cal · 1956
2 sentences

2001Based on my reading of this record and the prejudice to defendant caused by the admission of the illicitly taped phone conversation with Philip Loyd I would reverse defendant's conviction for the murder of her mother, regardless of whether we measure the prejudice under People v. Watson (1956) 46 Cal.2d 818 , 299 P.2d 243 or under Chapman v. California (1967) 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 .

2001Based on my reading of this record and the prejudice to defendant caused by the admission of the illicitly taped phone conversation with Philip Loyd I would reverse defendant's conviction for the murder of her mother, regardless of whether we measure the prejudice under People v. Watson (1956) 46 Cal.2d 818 , 299 P.2d 243 or under Chapman v. California (1967) 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 .

12001–2001

Where else courts name it

FL 6 (2000–2011) CA 5 (2001–2023) MI 4 (2001–2017) TX 3 (2013–2016) MN 2 (2016–2016) CT 2 (2000–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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