Bill Text: CA SB1306 | 2015-2016 | Regular Session | Amended

California Senate Bill 1306 (Prior Session Legislation)

Bill Title: Consumer remedies: attorney's fees and litigation costs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1306 Detail]

Download: California-2015-SB1306-Amended.html

BILL NUMBER: SB 1306	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Stone

                        FEBRUARY 19, 2016

   An act to amend Section 1780 of the Civil Code, relating to
consumer remedies.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1306, as amended, Stone. Consumer remedies: attorney's fees and
litigation  costs: prevailing party.   costs.

   Existing law, the Consumer Legal Remedies Act, authorizes a
consumer who suffers damage from the use of unfair methods of
competition and unfair or deceptive acts, as defined, to bring an
action to recover damages or other relief. Existing law requires a
court to award court costs and attorney's fees to the prevailing
plaintiff in  an action brought  litigation
filed  pursuant to those provisions. Existing law also permits a
court to award reasonable attorney's fees to a prevailing defendant
only if the court finds that the plaintiff's prosecution of the
action was not in good faith. 
   This bill would revise those provisions to instead require a court
to award court costs and attorney's fees to the prevailing party in
the action.  
   This bill, in litigation pertaining to the California
Environmental Quality Act that is filed pursuant to the Consumer
Legal Remedies Act, would require the court to award court costs and
attorney's fees to the prevailing party in the action. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1780 of the Civil Code is amended to read:
   1780.  (a) Any consumer who suffers any damage as a result of the
use or employment by any person of a method, act, or practice
declared to be unlawful by Section 1770 may bring an action against
that person to recover or obtain any of the following:
   (1) Actual damages, but in no case shall the total award of
damages in a class action be less than one thousand dollars ($1,000).

   (2) An order enjoining the methods, acts, or practices.
   (3) Restitution of property.
   (4) Punitive damages.
   (5) Any other relief that the court deems proper.
   (b) (1) Any consumer who is a senior citizen or a disabled person,
as defined in subdivisions (f) and (g) of Section 1761, as part of
an action under subdivision (a), may seek and be awarded, in addition
to the remedies specified therein, up to five thousand dollars
($5,000) where the trier of fact does all of the following:
   (A) Finds that the consumer has suffered substantial physical,
emotional, or economic damage resulting from the defendant's conduct.

   (B) Makes an affirmative finding in regard to one or more of the
factors set forth in subdivision (b) of Section 3345.
   (C) Finds that an additional award is appropriate.
   (2) Judgment in a class action by senior citizens or disabled
persons under Section 1781 may award each class member that
additional award if the trier of fact has made the foregoing
findings.
   (c) Whenever it is proven by a preponderance of the evidence that
a defendant has engaged in conduct in violation of paragraph (24) of
subdivision (a) of Section 1770, in addition to all other remedies
otherwise provided in this section, the court shall award treble
actual damages to the plaintiff. This subdivision shall not apply to
attorneys licensed to practice law in California, who are subject to
the California Rules of Professional Conduct and to the mandatory fee
arbitration provisions of Article 13 (commencing with Section 6200)
of Chapter 4 of Division 3 of the Business and Professions Code, when
the fees charged or received are for providing representation in
administrative agency appeal proceedings or court proceedings for
purposes of procuring, maintaining, or securing public social
services on behalf of a person or group of persons.
   (d) An action under subdivision (a) or (b) may be commenced in the
county in which the person against whom it is brought resides, has
his or her principal place of business, or is doing business, or in
the county where the transaction or any substantial portion thereof
occurred.
   In any action subject to this section, concurrently with the
filing of the complaint, the plaintiff shall file an affidavit
stating facts showing that the action has been commenced in a county
described in this section as a proper place for the trial of the
action. If a plaintiff fails to file the affidavit required by this
section, the court shall, upon its own motion or upon motion of any
party, dismiss the action without prejudice. 
   (e) The court shall award court costs and attorney's fees to a
prevailing party in litigation filed pursuant to this section.
 
   (e) (1) Except as provided in paragraph (2), the court shall award
court costs and attorney's fees to a prevailing plaintiff in
litigation filed pursuant to this section. Reasonable attorney's fees
may be awarded to a prevailing defendant upon a finding by the court
that the plaintiff's prosecution of the action was not in good
faith.  
   (2) In litigation pertaining to the California Environmental
Quality Act that is filed pursuant to this section, the court shall
award court costs and attorney's fees to a prevailing party in the
action.