The trial court awarded $22 million in civil penalties against defendants for having committed UCL and FAL violations for over a decade in promoting their private university primarily to older, poor, minority students, only a quarter of whom graduated.  In calculating civil penalties at $9 per misleading sales call, the trial court erred in including in the penalty calculation calls made more than four years before the complaint was filed–as both the UCL and FAL have four-year limitations provisions.  The trial court did not err in relying on an expert statistical study from a relatively small sample to calculate the number of sales calls per month.  Defendant didn’t show that the experts’ statistical extrapolation from the small sample resulted in a statistically 32  unreliable result.  The trial court did not err in counting each call as a violation (instead of each “victim” of defendant’s misrepresentations) even if more than one call was made to each “victim.”  The trial court did not err in including within its $9 per misleading sales call civil penalty calculation calls that defendant’s employees made to persons who were outside California.  California law properly applied to those calls because the calls were made from California.  The presumption against extra-territorial application of statutes refers to conduct occurring outside California, not harm suffered outside the state.  The $22 million was not an excessive penalty.  Under People ex rel. Lockyer v. R.J. Reynolds Tobacco Co. (2005) 37 Cal.4th 707, whether a penalty is unconstitutionally excessive depends on four considerations:  (1) the defendant’s culpability; (2) the relationship between the harm and the penalty; (3) the penalties imposed in similar statutes; and (4) the defendant’s ability to pay.  The constitutionality of civil penalties is not judged by the constitutional standards applied to punitive damage awards. Since actual damages need not be proven to recover civil penalties, the punitive damage test of ratio of punitives to actual damages does not apply to evaluating civil penalties.