People v. Superior Court

The People seek a writ of mandate to compel the superior court to vacate its order denying a motion to compel real party in interest, Michael Kardon, to answer interrogatories concerning his financial worth. Kardon is a defendant in an action brought by the Attorney General in which injunction, restitution and damages are sought because of alleged false and misleading advertising and other unlawful and unfair business practices, in violation of Business and Professions Code section 17500 and Civil Code section 3369, subdivision 3. Punitive damages originally were prayed for, but this element was eliminated on the basis of People v. Superior Court (Jayhill) 9 Cal.3d 283 [ 107 Cal.Rptr. 192 , 507 P.2d 1400 ], in which it was held that in the absence of statute, exemplary damages are allowed only to the person immediately injured. Because the statute (Civ. Code, § 3369) did not make provision for exemplary damages, such damages could not be recovered by reason of whatever loss was sustained by the citizenry in general by acts of unfair competition. But Business and Professions Code section 17536 and Civil Code section 3370.1 impose a civil penalty not to exceed $2,500 for…