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PEOPLE EX REL. LOCKYER v. FREMONT LIFE INS. CO.

No. B139066.

128 Cal.Rptr.2d 463 (2002)

104 Cal.App.4th 508

The PEOPLE ex rel. BILL LOCKYER, as Attorney General, etc., Plaintiff and Respondent, v. FREMONT LIFE INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

As Modified on Denial of Rehearing January 16, 2003.

Review Denied April 9, 2003.

Attorney(s) appearing for the Case

Horvitz & Levy, David M. Axelrad, Lisa Perrochet, Encino, Loren Homer Kraus, Los Angeles; Woolls & Peer, Paul Woolls and Gregory B. Scher, Los Angeles, for Defendant and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Assistant Attorney General, Albert Shelden, Michael R. Botwin, Michele R. Van Gelderen, Margaret Reiter and Seth E. Mermin, Deputy Attorneys General, for Plaintiff and Respondent.

DOI TODD, J.

INTRODUCTION

In a bench trial the court found Fremont Life Insurance Company (appellant) had violated Business and Professions Code section 17200 et seq, the "unfair competition law," in connection with the sale of certain annuity policies. The trial court imposed approximately $2.5 million in civil penalties, granted injunctive relief, and required appellant to offer restitution. Appellant contends that the civil penalties should be reversed...

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