2009 California Civil Code - Section 1812.523 :: Chapter 6. Remedies And Enforcement

CIVIL CODE
SECTION 1812.523

1812.523.  (a) Any person who violates any provision of this title
is guilty of a misdemeanor. The Attorney General, any district
attorney, or any city attorney may prosecute misdemeanor actions.
   (b) Actions for violation of this title, including, but not
limited to, equity proceedings to restrain and enjoin such a
violation, may be instituted by the Attorney General, any district
attorney, or any city attorney. This section shall not be deemed to
prohibit the enforcement by any person of any right provided by this
or any other law.
   (c) If any person uses any untrue or misleading statement,
information, or advertisement to sell its services or fails to comply
with the applicable provisions of this title, or the contract does
not comply with the applicable provisions of this title, then the
contract shall be void and unenforceable as contrary to public policy
and the jobseeker, customer, or nurse shall be entitled to the
return of all sums paid.
   (d) Any person who is injured by any violation of this title or by
the breach of a contract subject to this title 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 jobseeker, customer, or nurse to the person
subject to this title. If the person subject to this title refuses or
is unwilling to pay the damages awarded, the amount awarded may be
satisfied out of the security required by this title. If the
plaintiff prevails, the plaintiff shall be awarded a reasonable
attorney's fee and costs. If the court determines that the breach or
violation was willful, by clear and convincing evidence, the court,
in its discretion, may award punitive damages in addition to the
amounts set forth above.
   (e) The provisions of this title are not exclusive and do not
relieve the parties subject to this title from the duty to comply
with all other applicable laws.
   (f) The remedies provided in this title are not exclusive and
shall be in addition to any other remedies or procedures provided in
any other law.
   (g) Any waiver by the consumer, jobseeker, or nurse of the
provisions of this title shall be deemed contrary to public policy
and shall be void and unenforceable. Any attempt by a person subject
to this title to have a jobseeker, customer, or nurse waive rights
given by this title shall constitute a violation of this title.
   (h) If any provisions of this title or the application thereof to
any person or circumstances is held unconstitutional, the remainder
of the title and the application of that provision to other persons
and circumstances shall not be affected thereby.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.