In Pineda v. Bank of America, N.A., plaintiff Pineda advanced the theory that restitution of "penalties" recoverable under Labor Code section 203 (waiting time penalties) was available under the UCL because the penalty was a vested property interest due upon failure to timely pay wages. The Court of Appeal rejected that theory and held that restitutionary recovery of waiting time penalties was not available to Pineda. Today, the Supreme Court granted review. Pineda is no longer citable. My earlier post about Pineda is here. The UCL Practitioner also has a comment about Pineda.