Bill Text: CA AB672 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Utility services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-01-04 - From committee: Without further action pursuant to Joint Rule 62(a). [AB672 Detail]

Download: California-2017-AB672-Amended.html

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Amended  IN  Assembly  May 01, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 672

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Introduced by Assembly Member Jones-Sawyer

February 15, 2017

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An act to amend Section 1882.2 of the Civil Code, relating to utility services.

LEGISLATIVE COUNSEL'S DIGEST

AB 672, as amended, Jones-Sawyer. Utility services.

Existing law authorizes an electrical, gas, or water corporation, or any electrical, gas, or water system operated by a public agency, to bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts, among other things, the diversion of utility services by any means whatsoever. Existing law authorizes the utility to recover as damages 3 times the amount of actual damages, plus the cost of the suit and reasonable attorney’s fees, in any civil action brought pursuant to these provisions.

This bill, instead, bill would authorize the prevailing party to recover actual damages, plus the costs of the suit and reasonable attorney’s fees. a defendant that prevails upon judgment to recover reasonable attorney’s fees and costs of the suit from the utility.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1882.2 of the Civil Code is amended to read:

1882.2.

 (a) In any a civil action brought pursuant to Section 1882.1, the utility may recover as damages three times the amount of actual damages, if any, plus the cost of the suit and reasonable attorney’s fees.

(b) If a defendant in a civil action brought pursuant to Section 1882.1 prevails upon judgment, the defendant may recover reasonable attorney’s fees and costs of the suit, if any, from the utility.

SECTION 1.Section 1882.2 of the Civil Code is amended to read:

1882.2.

In any civil action brought pursuant to Section 1882.1, the prevailing party may recover actual damages, if any, plus the costs of the suit and reasonable attorney’s fees.