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1670.8.
(a) (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.
(2) It shall be unlawful to threaten or to seek to enforce a provision made unlawful under this section, or to
otherwise penalize a consumer for making any statement protected under this section.(b) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(c) Any person who violates this section shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation, and five thousand dollars ($5,000) for the second and for each subsequent violation, to be assessed and collected in a civil action brought by the consumer, by the Attorney General, or by the district attorney or city attorney of the county or city in which the violation occurred. When collected, the civil penalty shall be payable, as appropriate, to the consumer or to the general fund of whichever governmental entity brought the action to assess the civil penalty.
(d) In addition, for a willful, intentional, or reckless violation of this section, a consumer or public prosecutor may recover a civil penalty not to exceed ten thousand dollars ($10,000).
(e) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law. This section shall not be construed to prohibit or limit a person or business that hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove.
First Cause of Action – Violation of Civil Code section 1670.8 Subdivision (a)(1) of Civil Code section 1670.8 states: “A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer's right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.”
GLOCKNER V. PICARD
SCV-262064
Jun 13, 2018
René Auguste Chouteau
Sonoma County, CA
FIFTH CAUSE OF ACTION FOR VIOLATION OF CIVIL CODE SECTION 1670.8 AND 1951.2 There is no evidence in fact or law that a lease agreement for rental of residential property comes within the scope of Civil Code section 1670.8. Business and Professions Code section 302 defines a consumer as "any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes."
SHELLY HART VS LASALLE PROPERTY FUND REIT, INC, ET AL.
23VECV01030
Aug 08, 2023
Los Angeles County, CA
Plaintiff says compelling arbitration would effectively deny her the right to bring a civil action under Business and Professions Code section 22386, Civil Code section 1812.218, and Civil Code section 1670.8. However, the mere fact that defendants allegedly violated a statute does not mean such claims cannot be arbitrated. See, e.g., Armendariz v.
CAMILLA RAWLINGS VS IDEAPROS LLC
37-2018-00043440-CU-FR-CTL
May 09, 2019
San Diego County, CA
Personal Injury/ Tort
Fraud
Instead, Section 1670.8 merely prohibits contracts that limit consumers’ rights to publish reviews and other statements. In addition, as noted above, Cross-Complainants’ fifth cause of action is barred by the litigation privilege. Thus, Cross-Complainants have failed to meet their burden to show the probability of prevailing on the fifth cause of action. Therefore, Cross-Defendants’ Special Anti-SLAPP Motion to Strike is granted. Cross-Defendants are ordered to give notice of this ruling.
FRED J. KIM, DDS, INC., A CALIFORNIA CORPORATION, ET AL. VS JOO HWAN KIM, ET AL.
20TRCV00099
Aug 04, 2020
Los Angeles County, CA
Feb 28, 2018
Dismissal
Hon. Chouteau, Rene A
Superior
Sonoma County, CA
Nov 21, 2023
Active
Stanley Mosk
Los Angeles County, CA
Other Complaint (non-tort/non-complex) (General Jurisdiction)
Nov 21, 2023
Active
Stanley Mosk
Los Angeles County, CA
Other Complaint (non-tort/non-complex) (General Jurisdiction)
Mar 07, 2024
Active
Superior
Santa Clara County, CA
Other Complaint (Not Spec) Unlimited (42)
Dec 07, 2023
Active
Stanley Mosk
Los Angeles County, CA
Other Contract Dispute (not breach/insurance/fraud/negligence) (General Jurisdiction)
Insurance
General Insurance
MICHELLE M. LUNDE, SBN 246585 5“W'°' ‘3mm of“MW” |: SAVAGE, LAMB & LUNDE, PC County 0i Butte I 1550 Humboldt Road, Suite 4 U…
Sep 10, 2018
Closed
Robert Ahdoot (SBN 172098) Electronically FILED by rahdoot@ahdootwolfson.com Superior Court of California, County of Los Angeles Tina Wolfson (SBN 174806) 12/07/2023 7:57 PM twolfson@ahdootwolfson.com David W. Slayton, Executive Officer/Clerk of Court, Christopher E. Stiner…
Los Angeles County, CA
Dec 07, 2023
Other Contract Dispute (not breach/insurance/fraud/negligence) (General Jurisdiction)
Tina Wolfson (SBN 174806) twolfson@ahdootwolfson.com Electronically FILED by Robert Ahdoot (SBN 172098) Superior Court of California, rahdoot@ahdootwolfson.com County of Los An ge les 2/28/2024 6:50 PI Christopher E. Stiner (SBN 276033) David W. Slayton, estiner@ahdootwolfson.com Executive Officer/Cler…
Los Angeles County, CA
Feb 28, 2024
Other Contract Dispute (not breach/insurance/fraud/negligence) (General Jurisdiction)
LANNY T. WINBERRY [SBN: 85342] JAMES R. KIRBY II [SBN: 88911] F Superior Court of California F NAGELEY, KIRBY & WINBERRY, LLP County of Butte 8801 Folsom Boulevard, Suite 172 11/27/2018 Sacramento, CA 95926 L Telephone No.: …
Sep 10, 2018
Closed
Butte County, CA
Jan 09, 2019
Robert Ahdoot (SBN 172098) Electronically FILED by rahdoot@ahdootwolfson.com Superior Court of California, Tina Wolfson (SBN 174806) Count: of Los Angeles twolfson@ahdootwolfson.com 12/07/2023 5:29 David W. Slayton, Christopher E. Stiner (SBN 276033) Executive Off…
Los Angeles County, CA
Dec 07, 2023
Other Contract Dispute (not breach/insurance/fraud/negligence) (General Jurisdiction)
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