A Los Angeles Based Law Firm

UNFAIR BUSINESS PRACTICES ATTORNEY LOS ANGELES,UNFAIR BUSINESS PRACTICES LAWYER LOS ANGELES

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

UNFAIR BUSINESS PRACTICES 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.

If you have questions about a particular business practice or case, please feel free to contact one of our attorneys to discuss your matter.

Unfair Business Practices Attorney/Lawyer Los Angeles | Unfair Business Practices Los Angeles
A. Liberatore, P.C.
915 Wilshire Blvd., Ste. 1780
Los Angeles, CA 90017
 Tel: 213.572.0900 Fax: 213.572.0950


Name
Phone Number
Email Address
REQUEST A FREE INITIAL CONSULTATION
Home | Attorneys in Los Angeles | Anthony A. Liberatore | M. Mary Margaryan | Of Counsel | Product Recalls | Los Angeles Injury Law | Injuries & Accidents | Toxic Exposure | Premises Liability | Product Liability | Los Angeles Business Law | Business Litigation Lawyer | Property Damage | Unfair Business Practices | Wage Disputes | Fraud Law | Local Counsel | Contact Us | Sitemap | Testimonial