§ 1745.5. — 1745.5. (Amended by Stats. 1988, Ch. 819, Sec. 5.)

California § 1745.5.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.2.
• Part 4.: TITLE 1.2. SALE OF FINE PRINTS
• Ch. 3.: CHAPTER 3. Remedies and Penalties

Text

(a)
Any person performing or proposing to perform an act in violation of this title within this state may be enjoined in any court of competent jurisdiction.
(b)
Actions for injunction pursuant to this title may be prosecuted by the following persons:
(1)
The Attorney General.
(2)
Any district attorney.
(3)
Any city attorney.
(4)
With the consent of the district attorney, a city prosecutor in any city or city and county having a full-time city prosecutor in the name of the people of the State of California upon their own complaint, or upon the complaint of any board, officer, person, corporation, or association.
(5)
Any person acting in his or her own interests, or in the interests of the members of a corporation or association, or in the interests of the general public.
(c)
Any person who violates any provision of this title may also be liable for a civil penalty not to exceed one thousand dollars ($1,000) for each violation, which may 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 or any city attorney, and, with the consent of the
district attorney, by a city prosecutor in any city or city and county having a full-time city prosecutor in any court of competent jurisdiction.
If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If brought by a district attorney, 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 collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(d)
Any person who violates any provision of this title may also be liable for a civil penalty surcharge not to exceed one thousand dollars ($1,000) for each violation which shall be assessed
and recovered in the manner provided in subdivision (c). Any penalty surcharge collected shall be applied to the costs of enforcing this title by the prosecuting officer.

Legislative History

Amended by Stats. 1988, Ch. 819, Sec. 5.