Unfair Business Practices Attorney / Lawyer Los Angeles

In California, Business & Professions Code, section 17200, defines unfair competition to mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising. The "act or practice" aspect of the statutory definition of unfair competition covers any single act of misconduct, as well as ongoing misconduct. Virtually any law can serve as the predicate for an unfair competition action. This includes violations of law, whether civil, criminal, federal, state, or municipal, statutory, regulatory, or court-made. It is not necessary that the predicate law provide for private civil enforcement.

Any business act or practice that is unlawful, in the sense that it violates a specific statute, may be enjoined under the unfair competition law. Courts are authorized to take whatever action is necessary to restore to any person in interest any property acquired by means of unfair competition.

Although restitution and disgorgement of profits are appropriate to prevent a defendant from profiting from unfair competition, disgorgement into a fluid recovery fund is authorized only in a class action suit. A defendant cannot be ordered to disgorge profits to an individual plaintiff if those profits were not taken from the plaintiff or if the plaintiff does not otherwise have an ownership interest in those profits.

Unfair Business Practices Attorney Los Angeles

This is the case because disgorgement of profits in the absence of an ownership interest goes beyond the remedy of restitution. In exercising its discretion to fashion an appropriate equitable remedy, the court may also consider any equitable defenses pleaded by the defendant..

Unfair Business Lawyer in Los Angeles – Contact Legal Services:

A. Liberatore, P.C. Law Group
11400 W. Olympic Blvd, Suite 200
Los Angeles, CA 90064
Tel: (310) 445-8880 Fax: (310) 362-8810

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