KRAUS v. TRINITY MANAGEMENT SERVICES, INC.

No. S064870.

96 Cal.Rptr.2d 485 (2000)

23 Cal.4th 116

999 P.2d 718

Vickey KRAUS et al., Plaintiffs and Respondents, v. TRINITY MANAGEMENT SERVICES, INC., et al., Defendants and Appellants.

Supreme Court of California.

Rehearing Denied July 19, 2000.


Attorney(s) appearing for the Case

William B. Boone, Santa Rosa; The Advani Law Firm, Kelly, Herlihy, Advani & Klein, Mukesh Advani, Reed E. Harvey; Sangster, Mannion & Curfman, Sangster, Mannion & Lowe, San Francisco, and Richard M. Sangster for Defendants and Appellants.

Fred J. Hiestand, Sacramento, for the Association for California Tort Reform as Amicus Curiae on behalf of Defendants and Appellants.

Gibson, Dunn & Crutcher, Gail E. Lees, Los Angeles, and Richard D. Gluck, San Diego, for ITT Educational Services, Inc., as Amicus Curiae on behalf of Defendants and Appellants.

Kimball, Tirey & St. John and Theodore C. Kimball, San Diego, for the California Apartment Association as Amicus Curiae on behalf of Defendants and Appellants.

Fred L. Main; Livingston & Mattesich Law Corporation, Carol Livingston and Gene Livingston, Sacramento, for the California Chamber of Commerce as Amicus Curiae on behalf of Defendants and Appellants.

Coblentz, Patch, Duffy & Bass, Jeffrey G. Knowles, Keith Evans-Orville and Clifford E. Yin, San Francisco, for Metropolitan Life Insurance Company as Amicus Curiae on behalf of Defendants and Appellants.

Severson & Werson, Jan T. Chilton and William L. Stern, San Francisco, for California Bankers Association and California Financial Services as Amici Curiae on behalf of Defendants and Appellants.

Phillip E. Stano; Mayer, Brown & Piatt, Evan M. Tager, Washington, DC, Donald M. Falk and Harold Smith Reeves, Nashville, TN, for American Council of Life Insurance as Amicus Curiae on behalf of Defendants and Appellants.

Manatt, Phelps & Phillips, Robert E. Hinerfeld, Barry S. Landsberg and Terri

D. Keville, Los Angeles, for First Healthcare Corporation as Amicus Curiae on behalf of Defendants and Appellants.

O'Melveny & Myers, Mark Wood, Oroville, and John F. Daum for State Farm Mutual Automobile Insurance Company and State Farm General Insurance Company as Amici Curiae on behalf of Defendants and Appellants.

Horvitz & Levy, David M. Axelrad and Lisa Perrochet, Encino, for Truck Insurance Exchange as Amicus Curiae on behalf of Defendants and Appellants.

Robie & Matthai, Pamela E. Dunn, Los Angeles, and Daniel J. Koes for United Services Automobile Association as Amicus Curiae on behalf of Defendants and Appellants.

Stephen L. Collier, San Francisco; Chapman, Popik & White, Susan M. Popik, William B. Chapman and Mark A. White, San Francisco, for Plaintiffs and Respondents.

The Cartwright & Alexander Law Firm and Mary E. Alexander, San Francisco, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Respondents.

Louise H. Renne, City Attorney (San Francisco), Dennis Aftergut, Chief Assistant City Attorney, Owen J. Clements, Andrew Y.S. Cheng, Jayne C. Lee and Rebecca Bedwell-Coll, Deputy City Attorneys, for the City and County of San Francisco, the City of San Jose, the Counties of Sacramento and San Bernardino and the American Heart Association, California Affiliate as Amici Curiae on behalf of Plaintiffs and Respondents.

Kenneth W. Babcock; Kathleen A. Michon; and Earl Lui, San Francisco, for Public Counsel Law Center and Consumers Union of U.S., Inc, as Amici Curiae on behalf of Plaintiffs and Respondents.

Lawrence G. Brown, Sacramento; Lydia Villarreal, Deputy District Attorney (Monterey); and Christopher G. Carpenter, Assistant District Attorney (Alameda) for the California District Attorneys Association as Amicus Curiae.


BAXTER, J.

We are asked to decide whether, in an action that is not certified as a class action, but is brought on behalf of absent persons by a private party under the unfair competition law (UCL) (Bus. & Prof.Code, § 17200 et seq.),1 the court may order disgorgement into a fluid recovery fund, and whether permitting such UCL action denies due process to the defendants. We also...

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