SECTIONS 1745-1745.5 - California Statutes

CIVIL CODE

SECTION 1745-1745.5

1745. (a) An art dealer, including a dealer consignee, who offers
or sells a multiple in, into or from this state without providing the
certificate of authenticity required in Sections 1742 and 1744 of
this title for any time period, or who provides information which is
mistaken, erroneous or untrue, except for harmless errors, such as
typographical errors, shall be liable to the purchaser of the
multiple. The art dealer's liability shall consist of the
consideration paid by the purchaser for the multiple, with interest
at the legal rate thereon, upon the return of the multiple in the
condition in which received by the purchaser.
(b) In any case in which an art dealer, including a dealer
consignee, willfully offers or sells a multiple in violation of this
title, the person purchasing such multiple may recover from the art
dealer, including a dealer consignee, who offers or sells such
multiple an amount equal to three times the amount required under
subdivision (a).
(c) No action shall be maintained to enforce any liability under
this section unless brought within one year after discovery of the
violation upon which it is based and in no event more than three
years after the multiple was sold.
(d) In any action to enforce any provision of this title, the
court may allow the prevailing purchaser the costs of the action
together with reasonable attorneys' and expert witnesses' fees. In
the event, however, the court determines that an action to enforce
was brought in bad faith, it may allow such expenses to the seller as
it deems appropriate.
(e) These remedies shall not bar or be deemed inconsistent with a
claim for damages or with the exercise of additional remedies
otherwise available to the purchaser.
(f) In any proceeding in which an art dealer relies upon a
disclaimer of knowledge as to any relevant information set forth in
Section 1744 for any time period, such disclaimer shall be effective
unless the claimant is able to establish that the art dealer failed
to make reasonable inquiries, according to the custom and usage of
the trade, to ascertain the relevant information or that such
relevant information would have been ascertained as a result of such
reasonable inquiries.

1745.5. (a) Any person performing or proposing to perform an act in
violation of this title within this state may be enjoined in any
court of competent jurisdiction.
(b) Actions for injunction pursuant to this title may be
prosecuted by the following persons:
(1) The Attorney General.
(2) Any district attorney.
(3) Any city attorney.
(4) With the consent of the district attorney, a city prosecutor
in any city or city and county having a full-time city prosecutor in
the name of the people of the State of California upon their own
complaint, or upon the complaint of any board, officer, person,
corporation, or association.
(5) Any person acting in his or her own interests, or in the
interests of the members of a corporation or association, or in the
interests of the general public.
(c) Any person who violates any provision of this title may also
be liable for a civil penalty not to exceed one thousand dollars
($1,000) for each violation, which may be assessed and recovered in a
civil action brought in the name of the people of the State of
California by the Attorney General or by any district attorney or any
city attorney, and, with the consent of the district attorney, by a
city prosecutor in any city or city and county having a full-time
city prosecutor in any court of competent jurisdiction.
If the action is brought by the Attorney General, one-half of the
penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the General Fund. If
brought by a district attorney, the penalty collected shall be paid
to the treasurer of the county in which the judgment was entered. If
brought by a city attorney or city prosecutor, one-half of the
penalty collected shall be paid to the treasurer of the city in which
the judgment was entered, and one-half to the treasurer of the
county in which the judgment was entered.
(d) Any person who violates any provision of this title may also
be liable for a civil penalty surcharge not to exceed one thousand
dollars ($1,000) for each violation which shall be assessed and
recovered in the manner provided in subdivision (c). Any penalty
surcharge collected shall be applied to the costs of enforcing this
title by the prosecuting officer.