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California Code of Civil Procedure Section 1029.8

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1029.8

1029.8.  (a) Any unlicensed person who causes injury or damage to
another person as a result of providing goods or performing services
for which a license is required under Division 2 (commencing with
Section 500) or any initiative act referred to therein, Division 3
(commencing with Section 5000), or Chapter 2 (commencing with Section
18600) or Chapter 3 (commencing with Section 19000) of Division 8,
of the Business and Professions Code, or Chapter 2 (commencing with
Section 25210) or Chapter 3 (commencing with Section 25230) of Part 3
of Division 1 of Title 4 of the Corporations Code, shall be liable
to the injured person for treble the amount of damages assessed in a
civil action in any court having proper jurisdiction. The court may,
in its discretion, award all costs and attorney's fees to the injured
person if that person prevails in the action.
   (b) This section shall not be construed to confer an additional
cause of action or to affect or limit any other remedy, including,
but not limited to, a claim for exemplary damages.
   (c) The additional damages provided for in subdivision (a) shall
not exceed ten thousand dollars ($10,000).
   (d) For the purposes of this section, the term "unlicensed person"
shall not apply to any of the following:
   (1) Any person, partnership, corporation, or other entity
providing goods or services under the good faith belief that they are
properly licensed and acting within the proper scope of that
licensure.
   (2) Any person, partnership, corporation, or other entity whose
license has expired for nonpayment of license renewal fees, but who
is eligible to renew that license without the necessity of applying
and qualifying for an original license.
   (3) Any person, partnership, or corporation licensed under Chapter
6 (commencing with Section 2700) or Chapter 6.5 (commencing with
Section 2840) of the Business and Professions Code, who provides
professional nursing services under an existing license, if the
action arises from a claim that the licensee exceeded the scope of
practice authorized by his or her license.
   (e) This section shall not apply to any action for unfair trade
practices brought against an unlicensed person under Chapter 4
(commencing with Section 17000) of Part 2 of Division 7 of the
Business and Professions Code, by a person who holds a license that
is required, or closely related to the license that is required, to
engage in those activities performed by the unlicensed person.

Last modified: February 22, 2013