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Equitable defenses are usually affirmative defenses asking the court to excuse an act because the party bringing the cause of action has acted in some inequitable way. Traditionally equitable defenses were only available at the Court of Equity and not available at common law.
In 1962, a California appellate court reiterated this rule by stating that the UCL extended "equitable relief to situations beyond the scope of purely business competition." [ 10 ] In 1977, the legislature moved the UCL to the California Business and Professions Code § 17200. [ 11 ]
When asserted in litigation, it is an equitable defense, that is, a defense to a claim for an equitable remedy. [9] The essential element of laches is an unreasonable delay by the plaintiff in bringing the claim; because laches is an equitable defense, it is ordinarily applied only to claims for equitable relief (such as injunctions), and not ...
Larry P. v. Riles is a California court case in which the court held that IQ tests could not be used to place African-American students in special education classes.. Five African-American children had been placed in special classes for the "educable mentally retarded", based on low IQ test scores.
equitable compensation; appointment or removal of fiduciary; interpleader; equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be ...
Segraves v. California was a 1981 Superior Court of California case concerning the teaching of evolutionary biology in public schools. Kelly Segraves, a parent of three schoolchildren, sued the State of California, arguing that the teaching of evolution in public schools violated the Free Exercise Clause of the First Amendment to the United States Constitution.
State lawmakers on Thursday sent a bill to Gov. Gavin Newsom to ban schools, beginning in 2028, from distributing or selling products containing six common food dyes: red No. 40, Yellow 5, Yellow ...
In 1920, the California State Legislature's Special Legislative Committee on Education conducted a comprehensive investigation of California's educational system. The Committee's final report, drafted by Ellwood Patterson Cubberley, explained that the system's chaotic ad hoc development had resulted in the division of jurisdiction over education at the state level between 23 separate boards ...