California Court of Appeal

In a matter of first impression involving claim against defendant-immigration consultant for violation of the immigration consultants act (ICA), breach of fiduciary duty and intentional infliction of emotional distress, judgment in favor of plaintiffs awarding them damages for breach of fiduciary duty, civil penalties, and attorney fees while barring recovery of treble damages and damages under unclean hands is reversed in part and affirmed in part where: 1) as a matter of law the unclean hands doctrine was inapplicable to plaintiffs' cause of action under the ICA because it was based on defendant's violation of statutes intended to protect consumers; 2) there is a right to a jury trial on an ICA cause of action for damages and the ICA specifically provides that a consumer may recover compensatory damages from an immigration consultant and allows for injunctive relief; and 3) conduct by an immigration consultant giving rise to relief under the ICA may also give rise to punitive damages for breach of fiduciary duty or intentional infliction of emotional distress.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• McCONNELL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Barbara K. Strickland, San Diego, for Plaintiffs, Cross-defendants and Appellants., Dorothy A. Johnson, Oceanside, and Cynthia L. Rice, Santa Rosa, for California Rural Legal Assistance Foundation as Amicus Curiae on behalf of Plaintiffs, Cross-defendants and Appellants., The Law Offices of Jose C. Rojo, Jose C. Rojo, San Diego, and Barbara Treash-Osio, for Defendant, Cross-complainant and Appellant.