Nationwide Biweekly Administration, Inc. v. Superior Court
California Supreme Court
9 Cal. 5th 279, 261 Cal. Rptr. 3d 713, 462 P.3d 461 (2020)
- Written by Kate Douglas, JD
Facts
Nationwide Biweekly Administration, Inc. (Nationwide) (defendant) operated a debt payment service. Acting on behalf of the people, district attorneys in four counties (government) (plaintiffs) filed a civil action against Nationwide, alleging violations of California’s unfair-competition law (UCL) and false-advertising law (FAL) (statutes). The government sought injunctive relief, restitution, and civil penalties. The trial court granted the government’s motion to strike Nationwide’s jury demand. Relying on the United States Supreme Court’s decision in Tull v. United States, the court of appeal reversed. Tull involved a federal civil action for violations of the federal Clean Water Act in which the government sought an injunction and penalties. Relying on the Seventh Amendment of the federal Constitution, the Tull Court held that the defendant was entitled to a jury trial with respect to penalty liability. The California Supreme Court granted review of the appellate court’s decision.
Rule of Law
Issue
Holding and Reasoning (Cantil-Sakauye, C.J.)
Concurrence (Kruger, J.)
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