Remedies and Procedures

Cal. CIV § 1782

California Statutes

(

a) Thirty days or more prior to the commencement of an action for damages pursuant to this title, the consumer shall do the following:

(1) Notify the person alleged to have employed or committed methods, acts, or practices declared unlawful by

Section of the particular alleged violations of

Section 1770.

(2) Demand that the person correct, repair, replace, or otherwise rectify the goods or services alleged to be in violation of

Section 1770. The notice shall be in writing and shall be sent by certified or registered mail, return receipt requested, to the place where the transaction occurred or to the person’s principal place of business within California. (

b) Except as provided in subdivision (c), no action for damages may be maintained under

Section if an appropriate correction, repair, replacement, or other remedy is given, or agreed to be given within a reasonable time, to the consumer within days after receipt of the notice. (

c) No action for damages may be maintained under

Section upon a showing by a person alleged to have employed or committed methods, acts, or practices declared unlawful by

Section that all of the following exist:

(1) All consumers similarly situated have been identified, or a reasonable effort to identify such other consumers has been made.

(2) All consumers so identified have been notified that upon their request the person shall make the appropriate correction, repair, replacement, or other remedy of the goods and services.

(3) The correction, repair, replacement, or other remedy requested by the consumers has been, or, in a reasonable time, shall be, given.

(4) The person has ceased from engaging, or if immediate cessation is impossible or unreasonably expensive under the circumstances, the person will, within a reasonable time, cease to engage, in the methods, act, or practices. (

d) An action for injunctive relief brought under the specific provisions of

Section may be commenced without compliance with subdivision (a). Not less than days after the commencement of an action for injunctive relief, and after compliance with subdivision (a), the consumer may amend his or her complaint without leave of court to include a request for damages. The appropriate provisions of subdivision (

b) or (

c) shall be applicable if the complaint for injunctive relief is amended to request damages. (

e) Attempts to comply with this

section by a person receiving a demand shall be construed to be an offer to compromise and shall be inadmissible as evidence pursuant to

Section of the Evidence Code. Furthermore, these attempts to comply with a demand shall not be considered an admission of engaging in

an act or practice declared unlawful by

Section 1770. Evidence of compliance or attempts to comply with this

section may be introduced by a defendant for the purpose of establishing good faith or to show compliance with this section.

Document details

CollectionCalifornia Statutes
CitationCal. CIV § 1782
Date2000-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCIV1782.1999100010

Remedies and Procedures

Cal. CIV § 1782

California Statutes

Remedies and Procedures

Cal. CIV § 1782

California Statutes

(

a) Thirty days or more prior to the commencement of an action for damages pursuant to this title, the consumer shall do the following:

(1) Notify the person alleged to have employed or committed methods, acts, or practices declared unlawful by

Section of the particular alleged violations of

Section 1770.

(2) Demand that the person correct, repair, replace, or otherwise rectify the goods or services alleged to be in violation of

Section 1770. The notice shall be in writing and shall be sent by certified or registered mail, return receipt requested, to the place where the transaction occurred or to the person’s principal place of business within California. (

b) Except as provided in subdivision (c), no action for damages may be maintained under

Section if an appropriate correction, repair, replacement, or other remedy is given, or agreed to be given within a reasonable time, to the consumer within days after receipt of the notice. (

c) No action for damages may be maintained under

Section upon a showing by a person alleged to have employed or committed methods, acts, or practices declared unlawful by

Section that all of the following exist:

(1) All consumers similarly situated have been identified, or a reasonable effort to identify such other consumers has been made.

(2) All consumers so identified have been notified that upon their request the person shall make the appropriate correction, repair, replacement, or other remedy of the goods and services.

(3) The correction, repair, replacement, or other remedy requested by the consumers has been, or, in a reasonable time, shall be, given.

(4) The person has ceased from engaging, or if immediate cessation is impossible or unreasonably expensive under the circumstances, the person will, within a reasonable time, cease to engage, in the methods, act, or practices. (

d) An action for injunctive relief brought under the specific provisions of

Section may be commenced without compliance with subdivision (a). Not less than days after the commencement of an action for injunctive relief, and after compliance with subdivision (a), the consumer may amend his or her complaint without leave of court to include a request for damages. The appropriate provisions of subdivision (

b) or (

c) shall be applicable if the complaint for injunctive relief is amended to request damages. (

e) Attempts to comply with this

section by a person receiving a demand shall be construed to be an offer to compromise and shall be inadmissible as evidence pursuant to

Section of the Evidence Code. Furthermore, these attempts to comply with a demand shall not be considered an admission of engaging in

an act or practice declared unlawful by

Section 1770. Evidence of compliance or attempts to comply with this

section may be introduced by a defendant for the purpose of establishing good faith or to show compliance with this section.

Document details

CollectionCalifornia Statutes
CitationCal. CIV § 1782
Date2000-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCIV1782.1999100010