SECTIONS 1798.92-1798.97 - California Statutes

CIVIL CODE

SECTION 1798.92-1798.97

1798.92. For the purposes of this title:
(a) "Claimant" means a person who has or purports to have a claim
for money or an interest in property in connection with a transaction
procured through identity theft.
(b) "Identity theft" means the unauthorized use of another person'
s personal identifying information to obtain credit, goods, services,
money, or property.
(c) "Personal identifying information" means a person's name,
address, telephone number, driver's license number, social security
number, place of employment, employee identification number, mother's
maiden name, demand deposit account number, savings account number,
or credit card number.
(d) "Victim of identity theft" means a person who had his or her
personal identifying information used without authorization by
another to obtain credit, goods, services, money, or property, and
did not use or possess the credit, goods, services, money, or
property obtained by the identity theft, and filed a police report in
this regard pursuant to Section 530.5 of the Penal Code.

1798.93. (a) A person may bring an action against a claimant to
establish that the person is a victim of identity theft in connection
with the claimant's claim against that person. If the claimant has
brought an action to recover on its claim against the person, the
person may file a cross-complaint to establish that the person is a
victim of identity theft in connection with the claimant's claim.
(b) A person shall establish that he or she is a victim of
identity theft by a preponderance of the evidence.
(c) A person who proves that he or she is a victim of identity
theft, as defined in Section 530.5 of the Penal Code, as to a
particular claim, shall be entitled to a judgment providing all of
the following, as appropriate:
(1) A declaration that he or she is not obligated to the claimant
on that claim.
(2) A declaration that any security interest or other interest the
claimant had purportedly obtained in the victim's property in
connection with that claim is void and unenforceable.
(3) An injunction restraining the claimant from collecting or
attempting to collect from the victim on that claim, from enforcing
or attempting to enforce any security interest or other interest in
the victim's property in connection with that claim, or from
enforcing or executing on any judgment against the victim on that
claim.
(4) If the victim has filed a cross-complaint against the
claimant, the dismissal of any cause of action in the complaint filed
by the claimant based on a claim which arose as a result of the
identity theft.
(5) Actual damages, attorney's fees, and costs, and any equitable
relief that the court deems appropriate. In order to recover actual
damages or attorney's fees in an action or cross-complaint filed by a
person alleging that he or she is a victim of identity theft, the
person shall show that he or she provided written notice to the
claimant that a situation of identity theft might exist, including,
upon written request of the claimant, a valid copy of the police
report or the Department of Motor Vehicles investigative report
promptly filed pursuant to Section 530.5 of the Penal Code at least
30 days prior to his or her filing of the action, or within his or
her cross-complaint pursuant to this section.
(6) A civil penalty, in addition to any other damages, of up to
thirty thousand dollars ($30,000) if the victim establishes by clear
and convincing evidence all of the following:
(A) That at least 30 days prior to filing an action or within the
cross-complaint pursuant to this section, he or she provided written
notice to the claimant at the address designated by the claimant for
complaints related to credit reporting issues that a situation of
identity theft might exist and explaining the basis for that belief.
(B) That the claimant failed to diligently investigate the victim'
s notification of a possible identity theft.
(C) That the claimant continued to pursue its claim against the
victim after the claimant was presented with facts that were later
held to entitle the victim to a judgment pursuant to this section.

1798.94. An action or cross-complaint brought under this title that
joins other claimants as defendants in the same action or
cross-complaint shall be deemed to comply with Section 379 of the
Code of Civil Procedure.

1798.95. A court shall have continuing jurisdiction over an action
or cross-complaint filed pursuant to this title in order to provide
for the joinder of related causes of action based on the theft of the
same person's identity and the joinder of further defendants based
upon the theft of the same person's identity, regardless of whether a
final judgment has been entered as to any defendant. The court's
continuing jurisdiction shall terminate 10 years after filing of the
original action unless the court, prior to that date, finds good
cause to extend jurisdiction over the matter.

1798.96. Any action brought pursuant to this title or any joinder
of a defendant pursuant to Section 1798.82 may be brought within four
years of the date the person who alleges that he or she is a victim
of identity theft knew or, in the exercise of reasonable diligence,
should have known of the existence of facts which would give rise to
the bringing of the action or joinder of the defendant.

1798.97. (a) This title does not apply to a transaction subject to
Section 1747.10.
(b) Nothing is this title shall be construed to affect a claimant'
s rights and remedies against a person who perpetrates identity theft
or against any person who used or possessed the credit, goods,
services, or property obtained by identity theft.
(c) This title is cumulative to the rights and remedies provided
under other laws.