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CLARK v. SUPERIOR COURT

No. S174229.

50 Cal.4th 605 (2010)

112 Cal. Rptr. 3d 876

235 P.3d 171

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

Supreme Court of California.

August 9, 2010.

Attorney(s) appearing for the Case

Robert S. Gerstein; Gianelli & Morris, Robert S. Gianelli, Jully C. Pae, Richard R. Fruto; Ernst & Mattison, Raymond E. Mattison, Don A. Ernst, Christopher D. Edgington; Law Offices of Ronald A. Marron and Ronald A. Marron for Petitioners.

Barbara A. Jones, Michael Schuster and Jay Sushelsky for AARP as Amicus Curiae on behalf of 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.

Fred J. Hiestand for The Civil Justice Association as Amicus Curiae on behalf of Real Party in Interest.

Jorden Burt, James F. Jorden, Denise A. Fee, Ann B. Furman and Brian P. Perryman for American Council of Life Insurers as Amicus Curiae on behalf of Real Party in Interest.

OPINION

KENNARD, J. —

Under California's unfair competition law (Bus. & Prof. Code, § 17200 et seq.), plaintiffs, who are senior citizens, sued an insurance company, alleging deceptive business practices relating to the purchase and sale of annuity contracts. Plaintiffs sought a monetary award, and they asserted that statutory law entitled them to a trebling of the award.

Plaintiffs rely on Civil Code section 3345, which...

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