California Court of Appeal

In imposing civil penalties under the Unfair Competition Law (Bus. & Prof. Code sections 17206 and 17536), evidence of a defendant's financial condition, though relevant, is not essential, thus the issue of a defendant's financial inability is a matter for the defendant to raise in mitigation.

Appellate Information

• Decided 12/20/2002
• Published 12/20/2002

Judges

• KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  David P. Lampkin, Los Angeles, for Defendants and Appellants., Steve Cooley, District Attorney, Thomas Papageorge, Head Deputy District Attorney, Dana Aratani, Patrick Moran and Matthew G. Monforton, Deputy District Attorneys, for Plaintiff and Respondent., Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, Ronald Reiter, Supervising Deputy Attorney General, and Joseph Ragazzo, Deputy Attorney General, as Amicus Curiae on behalf of Plaintiff and Respondent.