Mendoza

California’s immigration consultants act (ICA) (Bus. & Prof. Code, § 22440 et seq.) regulates nonattomeys who offer advice or assistance to a particularly vulnerable population, immigrants seeking legal residency in the United States. Plaintiffs’ appeal involves questions of first impression: (1) whether there is a right to a jury trial on a cause of action for violation of the ICA, and (2) whether the unclean hands doctrine may be raised as an affirmative defense to an ICA cause of action. We answer the second question in the negative and partially reverse the judgment on the complaint for prejudicial error. For purposes of retrial, we confirm that there is a right to a jury trial on ICA claims for damages.

Defendant does not challenge the judgment against him on his cross-complaint. We find his issues pertaining to the judgment on the complaint either unpersuasive or moot in light of our holding in plaintiffs’ appeal.

FACTUAL AND PROCEDURAL BACKGROUND

In May 2006 plaintiffs Ramon Mendoza, Moisés Juarez, Jose Angel Saldaña, Maria Esther Reynoso, Ricardo Chavez and Martin Fernando Ñuño filed a complaint against Jose Ruesga for violation of the ICA, breach of fiduciary…