California Civil Code 1748.83 – (a) An action for a violation of this chapter may be brought …
(a) An action for a violation of this chapter may be brought only by any of the following:
(1) The Attorney General.
Terms Used In California Civil Code 1748.83
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
(2) A district attorney.
(3) A city attorney of a city having a population in excess of 750,000.
(4) A county counsel of any county within which a city has a population in excess of 750,000.
(5) With the consent of the district attorney, a city prosecutor in a city that has a full-time city prosecutor.
(b) In an action alleging a violation of this chapter, the court shall assess a civil penalty of not more than ten thousand dollars ($10,000) for each violation. In determining the amount of the civil penalty, the court shall consider any of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1) The nature and seriousness of the misconduct.
(2) The number of violations.
(3) The persistence of the misconduct.
(4) The length of time over which the misconduct occurred.
(5) The willfulness of the misconduct.
(6) The defendant‘s assets, liabilities, and net worth.
(c) Each day that a defendant remains in violation of this chapter shall constitute a single violation.
(d) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law.
(Added by Stats. 2023, Ch. 718, Sec. 3. (SB 644) Effective January 1, 2024.)