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Civil Litigation,
California Supreme Court,
Appellate Practice,
9th U.S. Circuit Court of Appeals

Dec. 11, 2017

Damages by any other name: UCL ‘restitution’ models

Two district courts recently reexamined what types of recovery models are permissible under California's Unfair Competition Law and reached diametrically opposite conclusions.

Kirsten Hicks Spira

Partner
Jenner & Block LLP

Email: kspira@jenner.com

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Wesley M. Griffith

Associate
Jenner & Block LLP

Phone: (213) 239-5156

Email: wgriffith@jenner.com

Univ of Chicago Law School; Chicago IL

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Every California litigator knows that you can only recover restitution or injunctive relief, not damages, under California's Unfair Competition Law, commonly known as the UCL. Business and Professions Code Section 17200 et seq.; Korea Supply Co. v. Lockheed Martin Corp., 29 Cal. 4th 1134, 1148 (2003). But what does this mean?

While California courts have generally defined restitution as the difference betw...

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