SECTIONS 1780-1784 - California Statutes

CIVIL CODE

SECTION 1780-1784

1780. (a) Any consumer who suffers any damage as a result of the
use or employment by any person of a method, act, or practice
declared to be unlawful by Section 1770 may bring an action against
that person to recover or obtain any of the following:
(1) Actual damages, but in no case shall the total award of
damages in a class action be less than one thousand dollars ($1,000).
(2) An order enjoining the methods, acts, or practices.
(3) Restitution of property.
(4) Punitive damages.
(5) Any other relief that the court deems proper.
(b) (1) Any consumer who is a senior citizen or a disabled person,
as defined in subdivisions (f) and (g) of Section 1761, as part of
an action under subdivision (a), may seek and be awarded, in addition
to the remedies specified therein, up to five thousand dollars
($5,000) where the trier of fact does all of the following:
(A) Finds that the consumer has suffered substantial physical,
emotional, or economic damage resulting from the defendant's conduct.
(B) Makes an affirmative finding in regard to one or more of the
factors set forth in subdivision (b) of Section 3345.
(C) Finds that an additional award is appropriate.
(2) Judgment in a class action by senior citizens or disabled
persons under Section 1781 may award each class member that
additional award if the trier of fact has made the foregoing
findings.
(c) Whenever it is proven by a preponderance of the evidence that
a defendant has engaged in conduct in violation of paragraph (24) of
subdivision (a) of Section 1770, in addition to all other remedies
otherwise provided in this section, the court shall award treble
actual damages to the plaintiff. This subdivision shall not apply to
attorneys licensed to practice law in California, who are subject to
the California Rules of Professional Conduct and to the mandatory fee
arbitration provisions of Article 13 (commencing with Section 6200)
of Chapter 4 of Division 3 of the Business and Professions Code, when
the fees charged or received are for providing representation in
administrative agency appeal proceedings or court proceedings for
purposes of procuring, maintaining, or securing public social
services on behalf of a person or group of persons.
(d) An action under subdivision (a) or (b) may be commenced in the
county in which the person against whom it is brought resides, has
his or her principal place of business, or is doing business, or in
the county where the transaction or any substantial portion thereof
occurred.
In any action subject to this section, concurrently with the
filing of the complaint, the plaintiff shall file an affidavit
stating facts showing that the action has been commenced in a county
described in this section as a proper place for the trial of the
action. If a plaintiff fails to file the affidavit required by this
section, the court shall, upon its own motion or upon motion of any
party, dismiss the action without prejudice.
(e) The court shall award court costs and attorney's fees to a
prevailing plaintiff in litigation filed pursuant to this section.
Reasonable attorney's fees may be awarded to a prevailing defendant
upon a finding by the court that the plaintiff's prosecution of the
action was not in good faith.

1781. (a) Any consumer entitled to bring an action under Section
1780 may, if the unlawful method, act, or practice has caused damage
to other consumers similarly situated, bring an action on behalf of
himself and such other consumers to recover damages or obtain other
relief as provided for in Section 1780.
(b) The court shall permit the suit to be maintained on behalf of
all members of the represented class if all of the following
conditions exist:
(1) It is impracticable to bring all members of the class before
the court.
(2) The questions of law or fact common to the class are
substantially similar and predominate over the questions affecting
the individual members.
(3) The claims or defenses of the representative plaintiffs are
typical of the claims or defenses of the class.
(4) The representative plaintiffs will fairly and adequately
protect the interests of the class.
(c) If notice of the time and place of the hearing is served upon
the other parties at least 10 days prior thereto, the court shall
hold a hearing, upon motion of any party to the action which is
supported by affidavit of any person or persons having knowledge of
the facts, to determine if any of the following apply to the action:
(1) A class action pursuant to subdivision (b) is proper.
(2) Published notice pursuant to subdivision (d) is necessary to
adjudicate the claims of the class.
(3) The action is without merit or there is no defense to the
action.
A motion based upon Section 437c of the Code of Civil Procedure
shall not be granted in any action commenced as a class action
pursuant to subdivision (a).
(d) If the action is permitted as a class action, the court may
direct either party to notify each member of the class of the action.
The party required to serve notice may, with the consent of the
court, if personal notification is unreasonably expensive or it
appears that all members of the class cannot be notified personally,
give notice as prescribed herein by publication in accordance with
Section 6064 of the Government Code in a newspaper of general
circulation in the county in which the transaction occurred.
(e) The notice required by subdivision (d) shall include the
following:
(1) The court will exclude the member notified from the class if
he so requests by a specified date.
(2) The judgment, whether favorable or not, will include all
members who do not request exclusion.
(3) Any member who does not request exclusion, may, if he desires,
enter an appearance through counsel.
(f) A class action shall not be dismissed, settled, or compromised
without the approval of the court, and notice of the proposed
dismissal, settlement, or compromise shall be given in such manner as
the court directs to each member who was given notice pursuant to
subdivision (d) and did not request exclusion.
(g) The judgment in a class action shall describe those to whom
the notice was directed and who have not requested exclusion and
those the court finds to be members of the class. The best possible
notice of the judgment shall be given in such manner as the court
directs to each member who was personally served with notice pursuant
to subdivision (d) and did not request exclusion.

1782. (a) Thirty days or more prior to the commencement of an
action for damages pursuant to this title, the consumer shall do the
following:
(1) Notify the person alleged to have employed or committed
methods, acts, or practices declared unlawful by Section 1770 of the
particular alleged violations of Section 1770.
(2) Demand that the person correct, repair, replace, or otherwise
rectify the goods or services alleged to be in violation of Section
1770.
The notice shall be in writing and shall be sent by certified or
registered mail, return receipt requested, to the place where the
transaction occurred or to the person's principal place of business
within California.
(b) Except as provided in subdivision (c), no action for damages
may be maintained under Section 1780 if an appropriate correction,
repair, replacement, or other remedy is given, or agreed to be given
within a reasonable time, to the consumer within 30 days after
receipt of the notice.
(c) No action for damages may be maintained under Section 1781
upon a showing by a person alleged to have employed or committed
methods, acts, or practices declared unlawful by Section 1770 that
all of the following exist:
(1) All consumers similarly situated have been identified, or a
reasonable effort to identify such other consumers has been made.
(2) All consumers so identified have been notified that upon their
request the person shall make the appropriate correction, repair,
replacement, or other remedy of the goods and services.
(3) The correction, repair, replacement, or other remedy requested
by the consumers has been, or, in a reasonable time, shall be,
given.
(4) The person has ceased from engaging, or if immediate cessation
is impossible or unreasonably expensive under the circumstances, the
person will, within a reasonable time, cease to engage, in the
methods, act, or practices.
(d) An action for injunctive relief brought under the specific
provisions of Section 1770 may be commenced without compliance with
subdivision (a). Not less than 30 days after the commencement of an
action for injunctive relief, and after compliance with subdivision
(a), the consumer may amend his or her complaint without leave of
court to include a request for damages. The appropriate provisions of
subdivision (b) or (c) shall be applicable if the complaint for
injunctive relief is amended to request damages.
(e) Attempts to comply with this section by a person receiving a
demand shall be construed to be an offer to compromise and shall be
inadmissible as evidence pursuant to Section 1152 of the Evidence
Code. Furthermore, these attempts to comply with a demand shall not
be considered an admission of engaging in an act or practice declared
unlawful by Section 1770. Evidence of compliance or attempts to
comply with this section may be introduced by a defendant for the
purpose of establishing good faith or to show compliance with this
section.

1783. Any action brought under the specific provisions of Section
1770 shall be commenced not more than three years from the date of
the commission of such method, act, or practice.

1784. No award of damages may be given in any action based on a
method, act, or practice declared to be unlawful by Section 1770 if
the person alleged to have employed or committed such method, act, or
practice (a) proves that such violation was not intentional and
resulted from a bona fide error notwithstanding the use of reasonable
procedures adopted to avoid any such error and (b) makes an
appropriate correction, repair or replacement or other remedy of the
goods and services according to the provisions of subdivisions (b)
and (c) of Section 1782.