Supreme Court of California
Clark v. Superior Court, S174229
In senior citizens' suit against an insurance company, claiming deceptive business practices relating to the purchase and sale of annuity contracts, and claiming that statutory law entitled them to a trebling of the award, court of appeal's grant of plaintiffs' petition for a writ of mandate directing the trial court to enter a new order denying defendant's motion for judgment on the pleadings is reversed as, because Civil Code section 3345 authorizes the trebling of a remedy only when it is in the nature of a penalty, and because restitution under the unfair competition law is not a penalty, an award of restitution under the unfair competition law is not subject to section 2234's trebling provision.
Appellate Information
- Decided 08/09/2010
- Published 08/09/2010
Judges
Court
- Supreme Court of California
Counsel
- For Appellant:
- Robert S. Gerstein