Cortez v. Purolator Air Filtration Products Co

In Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal. 4th 163, 999 P.2d 706, the primary issue addressed by the court was whether a claim for unpaid wages was a claim for damages which would be precluded from treatment under the UCL. It noted: '"Damages,' as that term is used to describe monetary awards, may include a restitutionary element, but when the concepts overlap, the latter is easily identifiable." ( Id. at p. 174.) In concluding that the claim qualified as restitution under the UCL, the court held: "Section 17203 authorizes the court to fashion remedies to prevent, deter, and compensate for unfair business practices. In addition to injunctions, it authorizes orders that are necessary to prevent practices that constitute unfair competition and to make 'orders or judgments . . . as may be necessary to restore' to persons in interest any money or property acquired by unfair competition." ( Id. at p. 176.)