Ngu v. City Bail Bonds
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Plaintiff filed suit against City Bail Bonds for restitution under California's unfair competition law (UCL) based on defendants' unlawful solicitation of bail. The trial court ruled in plaintiff's favor and awarded $38,666 in restitution. Defendants appealed and argued that the trial court erred in finding defendants unlawfully solicited bail from plaintiff in violation of California Code of Regulations, title 10, section 2079.
The Court of Appeal affirmed, concluding that the trial court correctly interpreted California Code of Regulations, title 10, section 2079 to prohibit defendants' solicitation of plaintiff to post another individual's bail. The court explained that the regulations are intended to protect recent arrestees against harassment, intimidation, overreaching, annoyance or invasions of privacy by bail agents clamoring for their business. In this case, defendants' conduct runs afoul of both the language of the regulations and their purpose where their high powered tactics eventually overcame plaintiff's will. The court also concluded that the trial court did not err in holding defendants liable for restitution under the UCL where substantial evidence supported the finding that defendants' violation of section 2079 resulted in plaintiff paying defendants for the individual's bail.
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