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California Civil Code Section 3344.5

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 3344.5

(a) Any person whose signature is used in violation of, and
any candidate for elective office whose election or defeat is
expressly advocated in any campaign advertisement that violates,
subdivision (b) of Section 115.1 of the Penal Code, shall have a
civil cause of action against any person committing the violation.
   (b) If a mass mailing or other printed matter that violates
subdivision (b) of Section 115.1 of the Penal Code expressly
advocates the election or defeat of more than one candidate only a
person whose signature is used and the candidate or candidates to
whom the unauthorized signature directly relates shall have a civil
cause of action pursuant to this section.
   (c) Any person bringing a cause of action pursuant to this section
may recover damages in an amount of two times the cost of the
communication, but not to exceed fifty thousand dollars ($50,000),
with regard to which the unauthorized signature was used.
   (d) As used in this section, "signature" means either of the
following:
   (1) A handwritten or mechanical signature, or a copy thereof.
   (2) Any representation of a person's name, including, but not
limited to, a printed or typewritten representation, that serves the
same purpose as a handwritten or mechanical signature.

Last modified: January 12, 2009