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CLARK v. SUPERIOR COURT OF LOS ANGELES COUNTY

No. B212512.

174 Cal.App.4th 82 (2009)

___ Cal.Rptr.3d ___

JAMES A. CLARK et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; NATIONAL WESTERN LIFE INSURANCE COMPANY, Real Party in Interest.

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

As modified May 21, 2009.

Attorney(s) appearing for the Case

Gianelli & Morris, Robert S. Gianelli; Ernst & Mattison and Raymond E. Mattison for Petitioners.

No appearance for Respondent.

Barger & Wolen, Kent R. Keller and Larry M. Golub for Real Party in Interest.

Reed Smith, Margaret M. Grignon, Robert D. Phillips, Jr., James C. Martin and Wendy S. Albers for Association of California Life and Health Insurance Companies, North American Company for Life and Health Insurance and Midland National Life Insurance Company as Amici Curiae on behalf of Real Party in Interest.

OPINION

PERLUSS, P. J.—

Civil Code section 3345 (section 3345) authorizes the award of an enhanced remedy—up to three times greater than the amount of a fine, civil penalty "or any other remedy the purpose or effect of which is to punish or deter" that would otherwise be awarded—in actions by or on behalf of senior citizens or disabled persons seeking to "redress unfair or deceptive acts or practices or unfair methods of...

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