23 Cal. 4th 116 - Kraus v. Trinity Management Services, Inc.’s Empirical Analysis
2000
Citation profile
6 federal appellate · 12 district · 246 state decisions
Relationships
Applies 15 U.S.C. § 45 (§ 5 of the Federal Trade Commission Act of 1914)
Relies on Reiter v. Sonotone Corp. · 20 Cal. 4th 163 - Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. · 2 Cal. 4th 1254 - Bank of the West v. Superior Court · 43 Cal. 3d 1379 - Dyna-Med, Inc. v. Fair Employment & Housing Commission · Mitchell v. Robert DeMario Jewelry, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 343 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““17203. Injunctive Relief—Court Orders “Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state.” “17204. Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys “Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the ”
7 later decisions quote this exact passage“representative UCL actions serve important roles in the enforcement of consumers’ rights. Class actions and representative UCL actions make it economically feasible to sue when individual claims are too small to justify the expense of litigation and thereby encourage attorneys to undertake private enforcement actions. Through the UCL a plaintiff may obtain restitution and/or injunctive relief against unfair or unlawful practices in order to protect the public and restore to the parties in interest money or property taken by means of unfair competition. These actions supplement the efforts of law enforcement and regulatory agencies. This court has repeatedly recognized the importance of these private enforcement efforts.”
5 later decisions quote this exact passage“an order of restitution is one `compelling a ... defendant to return money obtained through an unfair business practice to those persons in interest from whom the property was taken, that is, to persons who had an ownership interest in the property or those claiming through that person.'”
5 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.