In what circumstances will the People be successful in their claim for damages against a third party?

Finally, we observe that if the People, with their vast resources, fail to prevail on the merits of their suit there is little prospect that a defendant will be harassed by subsequent suits instituted by vendees seeking restitution. Various defenses available in an action by private parties may not be raised to defend against an action filed by the People. For example, reliance is not a necessary element of an action for civil penalties and injunctive relief. If, in spite of such an advantage the People fail to prevail on the merits, there is little likelihood that private parties will expend their resources to seek restitution upon the same facts in a subsequent action. In this situation, "renewed harassment is nothing but a remote theoretical possibility." (See Cartt v. Superior Court (1975) 50 Cal.App.3d 960, 969, 124 Cal.Rptr. 376, 382.) ¹⁰

[20 Cal.3d 21]