SECTIONS 1812.30-1812.35 - California Statutes

CIVIL CODE

SECTION 1812.30-1812.35

1812.30. (a) No person, regardless of marital status, shall be
denied credit in his or her own name if the earnings and other
property over which he or she has management and control are such
that a person of the opposite sex managing and controlling the same
amount of earnings and other property would receive credit.
(b) No person, regardless of marital status, managing and
controlling earnings and other property shall be offered credit on
terms less favorable than those offered to a person of the opposite
sex seeking the same type of credit and managing and controlling the
same amount of earnings and other property.
(c) No unmarried person shall be denied credit if his or her
earnings and other property are such that a married person managing
and controlling the same amount of earnings and other property would
receive credit.
(d) No unmarried person shall be offered credit on terms less
favorable than those offered to a married person managing and
controlling the same amount of earnings and other property.
(e) For accounts established after January 1, 1977 or for accounts
in existence on January 1, 1977 where information on that account is
received after January 1, 1977, a credit reporting agency which in
its normal course of business receives information on joint credit
accounts identifying the persons responsible for such accounts, or
receives information which reflects the participation of both
spouses, shall: (1) at the time such information is received file
such information separately under the names of each person or spouse,
or file such information in another manner which would enable either
person or spouse to automatically gain access to the credit history
without having in any way to list or refer to the name of the other
person, and (2) provide access to all information about the account
in the name of each person or spouse.
(f) For all accounts established prior to January 1, 1977, a
credit reporting agency shall at any time upon the written or
personal request of a person who is or has been married, verify the
contractual liability, liability by operation of law, or authorized
use by such person, of joint credit accounts appearing in the file of
the person's spouse or former spouse, and, if applicable, shall file
such information separately and thereafter continue to do so under
the names of each person responsible for the joint account or in
another manner which would enable either person responsible for the
joint account to automatically gain access to the credit history
without having in any way to list or refer to the name of the other
person.
(g) For the purposes of this chapter "credit" means obtainment of
money, property, labor, or services on a deferred-payment basis.
(h) For the purposes of this chapter, earnings shall include, but
not be limited to, spousal, family, and child support payments,
pensions, social security, disability or survivorship benefits.
Spousal, family, and child support payments shall be considered in
the same manner as earnings from salary, wages, or other sources
where the payments are received pursuant to a written agreement or
court decree to the extent that the reliability of such payments is
established. The factors which a creditor may consider in evaluating
the reliability of such payments are the length of time payments have
been received; the regularity of receipt; and whether full or
partial payments have been made.
(i) Nothing in this chapter shall be construed to prohibit a
person from: (1) utilizing an evaluation of the reliability of
earnings provided that such an evaluation is applied to persons
without regard to their sex or marital status; or (2) inquiring into
and utilizing an evaluation of the obligations for which community
property is liable pursuant to the Family Code for the sole purpose
of determining the creditor's rights and remedies with respect to the
particular extension of credit, provided that such is done with
respect to all applicants without regard to their sex; or (3)
utilizing any other relevant factors or methods in determining
whether to extend credit to an applicant provided that such factors
or methods are applicable to all applicants without regard to their
sex or marital status. For the purpose of this subdivision, the fact
that an applicant is of childbearing age is not a relevant factor.
(j) Credit applications for the obtainment of money, goods, labor,
or services shall clearly specify that the applicant, if married,
may apply for a separate account.

1812.31. (a) Whoever violates Section 1812.30 shall be liable to
the aggrieved person in an amount equal to the sum of any actual
damages sustained by such person acting either in an individual
capacity or as a representative of a class.
(b) Whoever violates Section 1812.30 shall be liable to the
aggrieved person for punitive damages in an amount not greater than
ten thousand dollars ($10,000), as determined by the court, in
addition to any actual damages provided in subdivision (a); provided,
however, that in pursuing the recovery allowed under this
subdivision, the aggrieved person may proceed only in an individual
capacity and not as a representative of a class.
(c) Notwithstanding subdivision (b), whoever violates Section
1812.30 may be liable for punitive damages in the case of a class
action in such amount as the court may allow, except that as to each
member of the class no minimum recovery shall be applicable, and the
total recovery in such action shall not exceed the lesser of one
hundred thousand dollars ($100,000) or one percent (1%) of the net
worth of the creditor. In determining the amount of the award in any
class action, the court shall consider, among other relevant factors,
the amount of any actual damages awarded, the frequency and
persistence of violations, the resources of the creditor, the number
of persons adversely affected, and the extent to which the creditor's
violation was intentional.

1812.32. Any person, corporation, firm, partnership, joint stock
company, or any other association or organization which violates or
proposes to violate this chapter may be enjoined by any court of
competent jurisdiction. Actions for injunction under this section may
be prosecuted by the Attorney General or any district attorney,
county counsel, city attorney, or city prosecutor in this state in
the name of the people of the State of California or by any person
denied credit or offered credit in violation of Section 1812.30.

1812.33. (a) Any person who intentionally violates any injunction
issued pursuant to this chapter shall be liable for a civil penalty
not to exceed two thousand five hundred dollars ($2,500) for each day
that such person violates the injunction.
(b) The civil penalty prescribed by this section shall 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, county counsel, or city attorney in any court of competent
jurisdiction. An action brought pursuant to this section to recover
such civil penalties shall take special precedence over all civil
matters on the calendar of the court except those matters to which
equal precedence on the calendar is granted by law.
(c) If such an action is brought by the Attorney General, one-half
of the penalty collected pursuant to this section shall be paid to
the treasurer of the county in which the judgment was entered, and
one-half to the State Treasurer. If brought by a district attorney or
county counsel, the entire amount of 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 shall be paid to the treasurer of the county in which
the judgment was entered and one-half to the city.

1812.34. Any person denied credit or offered credit in violation of
Section 1812.30 who brings an action pursuant to Section 1812.31 or
1812.32 of this code may petition the court for award of costs and
reasonable attorney's fees which the court shall award if the action
is successful.

1812.35. Any action commenced pursuant to Section 1812.31 shall be
commenced within two years from the date on which the person is
denied credit or is offered credit in violation of Section 1812.30.