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Taylor v. Kuwatch

6/30/2004

der his supervision. For instance, defendant refers to "attorneys affiliated with Kuwatch Law Offices," when, in fact, he is the only attorney affiliated with that law firm. He also refers repeatedly to "Kuwatch Law Offices attorneys." Defendant additionally misleads and deceives by creating the false impression that he has law offices all over the state, noting that "[w]ith one exception, all the Kuwatch Law Offices attorneys only handle cases locally. The exception is an attorney who flies all over Northern California, where he is well known in most courts." Defendant argues that his of-counsel relationships are not improper. That is not the point. Defendant misleads and deceives prospective clients with respect to the nature of his law practice and his involvement in cases. Inasmuch as the evidence supports that conclusion, the unfair business practices verdict was appropriate. The judgment is reversed insofar as it finds that defendant defamed plaintiffs and awards damages and injunctive relief for such defamation. The judgment is affirmed insofar as it finds that defendant committed unfair business practices. [FN4] The trial court is directed to fashion appropriate injunctive relief for the unfair business practices cause of action. Plaintiffs shall recover their costs on appeal. FN4. The special verdict did not request the jury to determine whether plaintiffs suffered damages due to defendant's unfair business practices and the jury made no such determination.

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