2005 California Financial Code Sections 23064-23064.5 Article 3. Civil Damages

FINANCIAL CODE
SECTION 23064-23064.5

23064.  Any person who is injured by any violation of this division
may bring an action for the recovery of damages, an equity proceeding
to restrain and enjoin those violations, or both.  The amount
awarded may be up to three times the damages actually incurred, but
in no event less than the amount paid by the aggrieved consumer to a
person subject to this section.  If the plaintiff prevails, the
plaintiff shall be awarded reasonable attorney's fees and costs.  If
a court determines by clear and convincing evidence that a breach or
violation was willful, the court, in its discretion, may award
punitive damages in addition to the amounts set forth above.  Upon
application, the court may also grant any equitable relief that it
deems proper, including, but not limited to, a claim for restitution
and disgorgement.
23064.5.  The rights, remedies, and penalties established by this
division are cumulative to the rights, remedies, or penalties
established under other laws.  It is not necessary to exhaust
administrative remedies in order to pursue the civil remedies
provided for in this act.


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