How to Succeed In An Unfair Competition Claim In California ?
The unfair competition law imposes strict liability on persons who engage in conduct within its purview; to succeed on an unfair competition claim, it is not necessary to establish that the defendant intended to injure anyone. (State Farm Fire & Casualty Co. v. Superior Court, 45 Cal. App. 4th at p. 1102.)
However, remedies under the unfair competition law are generally limited to injunctive relief and restitution of money or property wrongfully obtained. (Bus. & Prof. Code, 17203; see ABC Internat. Traders, Inc. v. Matsushita Electric Corp. (1997) 14 Cal. 4th 1247, 1268 61 Cal. Rptr. 2d 112, 931 P.2d 290; see also Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co., supra, 20 Cal. 4th at p. 179 the unfair competition law does not provide for the recovery of "damages, much less treble damages, or attorney fees,"; Bank of the West v. Superior Court, supra, 2 Cal. 4th at p. 1266.)
Such remedies are expressly made "cumulative . . . to the remedies or penalties available under all other laws of this state." (Bus. & Prof. Code, 17205.)