Court Opinions

State Laws

US Code

US Constitution

California Business And Professions Code Section 6126.5

Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code Section 6126.5

(a) In addition to any remedies and penalties available in
any enforcement action brought in the name of the people of the State
of California by the Attorney General, a district attorney, or a
city attorney, acting as a public prosecutor, the court shall award
relief in the enforcement action for any person who obtained services
offered or provided in violation of Section 6125 or 6126 or who
purchased any goods, services, or real or personal property in
connection with services offered or provided in violation of Section
6125 or 6126 against the person who violated Section 6125 or 6126, or
who sold goods, services, or property in connection with that
violation. The court shall consider the following relief:
   (1) Actual damages.
   (2) Restitution of all amounts paid.
   (3) The amount of penalties and tax liabilities incurred in
connection with the sale or transfer of assets to pay for any goods,
services, or property.
   (4) Reasonable attorney's fees and costs expended to rectify
errors made in the unlawful practice of law.
   (5) Prejudgment interest at the legal rate from the date of loss
to the date of judgment.
   (6) Appropriate equitable relief, including the rescission of
sales made in connection with a violation of law.
   (b) The relief awarded under paragraphs (1) to (6), inclusive, of
subdivision (a) shall be distributed to, or on behalf of, the person
for whom it was awarded or, if it is impracticable to do so, shall be
distributed as may be directed by the court pursuant to its
equitable powers.
   (c) The court shall also award the Attorney General, district
attorney, or city attorney reasonable attorney's fees and costs and,
in the court's discretion, exemplary damages as provided in Section
3294 of the Civil Code.
   (d) This section shall not be construed to create, abrogate, or
otherwise affect claims, rights, or remedies, if any, that may be
held by a person or entity other than those law enforcement agencies
described in subdivision (a).  The remedies provided in this section
are cumulative to each other and to the remedies and penalties
provided under other laws.

Last modified: January 12, 2009