CLARK v. SUPERIOR COURT OF LOS ANGELES COUNTY

>CLARK > v. >SUPERIOR > >COURT > >OF > >LOS
ANGELES COUNTY >

>

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Filed 8/9/10













IN THE SUPREME
COURT OF CALIFORNIA







JAMES A. CLARK et al., )

)

Petitioners, )

) S174229

v. )

) Ct.App.
2/7 B212512

THE SUPERIOR COURT OF )

LOS
ANGELES COUNTY, )

) Los
Angeles County

Respondent; ) Super. Ct.
No. BC3211681

)

NATIONAL
WESTERN LIFE )

INSURANCE
COMPANY, )

)

Real Party in Interest. )

__________________________________ )





Under
California's unfair competition
law (Bus. & Prof. Code, § 17200 et seq.), plaintiffs, who are senior
citizens, sued an insurance company, alleging deceptive business practices
relating to the purchase and sale of annuity contracts. Plaintiffs sought a monetary award, and they asserted that
statutory law entitled them to a trebling of the award.

Plaintiffs rely on Civil Code
section 3345, which provides that in an action brought by senior citizens to
redress unfair competition, a trier of fact may award up to three times the
amount imposed as â€