California Civil Code 3343.5 – (a) Any one or more of the following who suffers any damage …
(a) Any one or more of the following who suffers any damage proximately resulting from one or more acts of unlawful motor vehicle subleasing, as described in Chapter 12.7 (commencing with Section 570) of Title 13 of Part 1 of the Penal Code, may bring an action against the person who has engaged in those acts:
(1) A seller or other secured party under a conditional sale contract or a security agreement.
Terms Used In California Civil Code 3343.5
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- property: includes property real and personal. See California Civil Code 14
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) A lender under a direct loan agreement.
(3) A lessor under a lease contract.
(4) A buyer under a conditional sale contract.
(5) A purchaser under a direct loan agreement, an agreement which provides for a security interest, or an agreement which is equivalent to these types of agreements.
(6) A lessee under a lease contract.
(7) An actual or purported transferee or assignee of any right or interest of a buyer, a purchaser, or a lessee.
(b) The court in an action under subdivision (a) may award actual damages; equitable relief, including, but not limited to, an injunction and restitution of money and property; punitive damages; reasonable attorney’s fees and costs; and any other relief which the court deems proper.
(c) As used in this section, the following terms have the following meanings:
(1) “Buyer” has the meaning set forth in subdivision (c) of Section 2981.
(2) “Conditional sale contract” has the meaning set forth in subdivision (a) of Section 2981. Notwithstanding subdivision (k) of Section 2981, “conditional sale contract” includes any contract for the sale or bailment of a motor vehicle between a buyer and a seller primarily for business or commercial purposes.
(3) “Direct loan agreement” means an agreement between a lender and a purchaser whereby the lender has advanced funds pursuant to a loan secured by the motor vehicle which the purchaser has purchased.
(4) “Lease contract” means a lease contract between a lessor and lessee as this term and these parties are defined in Section 2985.7. Notwithstanding subdivision (d) of Section 2985.7, “lease contract” includes a lease for business or commercial purposes.
(5) “Motor vehicle” means any vehicle required to be registered under the Vehicle Code.
(6) “Person” means an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity.
(7) “Purchaser” has the meaning set forth in paragraph (30) of subdivision (b) of § 1201 of the Commercial Code.
(8) “Security agreement” and “secured party” have the meanings set forth, respectively, in paragraphs (74) and (73) of subdivision (a) of § 9102 of the Commercial Code. “Security interest” has the meaning set forth in paragraph (35) of subdivision (b) of § 1201 of the Commercial Code.
(9) “Seller” has the meaning set forth in subdivision (b) of Section 2981, and includes the present holder of the conditional sale contract.
(d) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.
(Amended by Stats. 2013, Ch. 531, Sec. 1. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)