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Marginalia
Code · California · Business and Professions Code

§ 16755.1

241 words·~1 min read·/ca/business-and-professions-code/16755-1·

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(a)A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or district attorney against any person, corporation, or business entity for each violation of this chapter.
(b)In assessing the amount of a civil penalty pursuant to this section, a court or jury shall consider any relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(1)The nature and seriousness of the misconduct.
(2)The number of violations committed by the defendant.
(3)The persistence of the defendant’s misconduct.
(4)The length of time over which the defendant’s misconduct occurred.
(5)The willfulness of the defendant’s misconduct.
(6)The defendant’s assets, liabilities, and net worth.
(7)The extent to which the defendant cooperated in the Attorney General’s or district attorney’s investigation and litigation.
(c)The penalty described in this section shall be recovered only in a civil action brought by the Attorney General or a district attorney, or by any of that person’s attorneys designated by it for that purpose, against any party that violates this chapter.
(d)A penalty collected pursuant to this section shall accrue only to the State of California or the county treasurer of the county in which the court is situated, and all proceeds retained pursuant to this section shall be deposited pursuant to subdivision
(c)of Section 16755.
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