Actions are also regularly brought by California's Attorney General, district attorneys and city attorneys. A statement is false or misleading if members of the public are likely to be deceived. Used regularly in conjunction with BP 17200, et seq. Not applicable to transactions involving construction or sale of an entire residence or all or part of commercial or industrial buildings. There are a variety of prohibited practices.
Remedies are non-exclusive and cumulative.
When Imposed If a trier of fact is authorized by a statute to impose a fine, or a civil penalty or other penalty, or any other remedy the purpose or effect of which is to punish or deter, AND If the amount of the fine, penalty, or other remedy is subject to the trier of fact's discretion, AND If the trier of fact makes certain specified findings, THEN The trier of fact may impose a fine, penalty or other remedy up to three times greater than the amount the trier of fact would impose in the absence of the findings. Factors to Consider The trier of fact must consider all of the following factors, in addition to other appropriate factors, in determining the amount of the penalty or other remedy. Michael Schwartz Inc. All rights reserved.