What is the test for damages in a personal injury action brought against Purolator?

Here, plaintiff is not requesting compensation for any injury she suffered, which would clearly constitute damages. Rather, she is claiming that Purolator profited from breaking the law, and such a profit, which was wrongfully obtained, should be disgorged. "Restitution is generally defined [64 Cal.App.4th 897] as an equitable remedy designed to cure unjust enrichment of the defendant absent consideration of the plaintiff's losses. [Citations.]" (Waldrop v. Southern Co. Services, Inc. (11th Cir.1994) 24 F.3d 152, 158.)