(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)
PLAINTIFFS MAY RECOVER DISGORGEMENT OF PROFITS OR RESTITUTION UNDER BUSINESS AND PROFESSIONS CODE § 17200
Injunctions and restitutionary relief (disgorgement of money or property unlawfully obtained) are available under the Unfair Competition Law. See Herr v. Nestle U.S.A., Inc., supra, 109 CA4th at 789, 135 CR2d at 485, fn 5 – employer engaging in age discrimination in violation of FEHA was subject to prohibitory injunction under Unfair Competition Law. Therefore, Plaintiff is allowed to recover disgorgement of profits or restitution under Business and Professions Code § 17200 since their causes of action are brought under FEHA.
D. IN THE ALTERNATIVE, PLAINTIFF REQUESTS THIS COURT GRANT LEAVE TO FILE ITS FIRST AMENDED COMPLAINT.
If Plaintiffs Complaint is deficient in any way, several California Code of Civil Procedure provisions both permit and strongly encourage the Court to grant Plaintiffs leave to amend their Complaint. Under California Code of Civil Procedure § 473, the court may in furtherance of justice, and on any terms as may be proper, allow any party to amend any pleading or proceeding. Under California Code of Civil Procedure § 576, any judge at any time before or after commencement of a trial, in furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading…. Under California Code of Civil Procedure § 426.50:
[A]ny party who fails to plead a cause of action subject to the requirements of this article whether through oversight, inadvertence, mistake, neglect or other cause, may apply to the court for leave to amend his pleadings…to assert such cause at any time during the course of the action.
The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading…to assert such cause if the party who failed to plead the cause of action in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action. (See Part 7 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.