California § 79760. 79760. (Added by Stats. 2022, Ch. 257, Sec. 2.)

California Statutes

§ 79760. — 79760. (Added by Stats. 2022, Ch. 257, Sec. 2.)

California·Code HSC Health and Safety Code - HSC·Div. 45. DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE·Part 2. PART 2. HAZARDOUS SUBSTANCE ACCOUNT·Ch. 8. CHAPTER 8. Cost Recovery·Art. 5. ARTICLE 5. Scope of Liability

(a)Except as provided in Section 79765, a party found liable for costs recoverable under this part who establishes by a preponderance of the evidence that only a portion of those costs are attributable to that party’s actions shall be required to pay only for that portion.

(b)Except as provided in Section 79765, if the trier of fact finds the evidence insufficient to establish each party’s portion of costs under subdivision (a), the court shall apportion those costs, to the extent practicable, according to equitable principles, among the defendants.

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(a)
Except as provided in Section 79765, a party found liable for costs recoverable under this part who establishes by a preponderance of the evidence that only a portion of those costs are attributable to that party’s actions shall be required to pay only for that portion.
(b)
Except as provided in Section 79765, if the trier of fact finds the evidence insufficient to establish each party’s portion of costs under subdivision (a), the court shall apportion those costs, to the extent practicable, according to equitable principles, among the defendants.

California § 79760. (79760. (Added by Stats. 2022, Ch. 257, Sec. 2.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.

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