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California Civil Code Section 3345

Legal Research Home > California Laws > Civil Code > California Civil Code Section 3345

3345.  (a) This section shall apply only in actions brought by, on
behalf of, or for the benefit of senior citizens or disabled persons,
as those terms are defined in subdivisions (f) and (g) of Section
1761, to redress unfair or deceptive acts or practices or unfair
methods of competition.
   (b) Whenever a trier of fact is authorized by a statute to impose
either 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 the
amount of the fine, penalty, or other remedy is subject to the trier
of fact's discretion, the trier of fact shall consider all of the
following factors, in addition to other appropriate factors, in
determining the amount of fine, civil penalty or other penalty, or
other remedy to impose. Whenever the trier of fact makes an
affirmative finding in regard to one or more of the following
factors, it may impose a fine, civil penalty or other penalty, or
other remedy in an amount up to three times greater than authorized
by the statute, or, where the statute does not authorize a specific
amount, up to three times greater than the amount the trier of fact
would impose in the absence of that affirmative finding:
   (1) Whether the defendant knew or should have known that his or
her conduct was directed to one or more senior citizens or disabled
persons.
   (2) Whether the defendant's conduct caused one or more senior
citizens or disabled persons to suffer: loss or encumbrance of a
primary residence, principal employment, or source of income;
substantial loss of property set aside for retirement, or for
personal or family care and maintenance; or substantial loss of
payments received under a pension or retirement plan or a government
benefits program, or assets essential to the health or welfare of the
senior citizen or disabled person.
   (3) Whether one or more senior citizens or disabled persons are
substantially more vulnerable than other members of the public to the
defendant's conduct because of age, poor health or infirmity,
impaired understanding, restricted mobility, or disability, and
actually suffered substantial physical, emotional, or economic damage
resulting from the defendant's conduct.

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Last modified: March 17, 2014