Nationwide Biweekly Administration, Inc. v. Superior Court

Summary

The court concludes that government actions under California's unfair competition and false advertising statutes seeking injunctive relief, restitution, and civil penalties are equitable actions that must be tried by the court, not a jury. The statutes' legislative history, preventive purpose, broad substantive standards, and judicially discretionary remedies show that their gist is equitable, and the California Constitution therefore does not require a jury trial. The court distinguishes the federal jury-trial decision relied on below because it interprets a different constitutional provision and involved a materially different statutory scheme.