Kraus v. Trinity Management Services, Inc.

Opinion

BAXTER, J.—

We are asked to decide whether, in an action that is not certified as a class action, but is brought on behalf of absent persons by a private party under the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.),1 the court may order disgorgement into a fluid recovery fund, and whether permitting such UCL action denies due process to the defendants. We also address a claim that the Court of Appeal erred in upholding the trial court’s construction and application of Civil Code section 1950.5 in this case.

We conclude that disgorgement into a fluid recovery fund is…