Unfair Trade PracticesCivil Liability
Section § 17070
This law allows people or trade groups to take legal action to stop and prevent violations of certain rules in this chapter. They can also seek money for any harm they suffered because of the violations.
Section § 17071
This law states that if someone sells or gives away a product for less than it costs or at unfairly low prices, and it causes harm, it's automatically assumed that their intention was to hurt competitors or destroy competition.
Section § 17071.5
This law says that if a retail business limits the quantity of an item sold to each customer and sells it for less than what it cost them to buy or replace it, it's assumed they're trying to hurt their competitors or eliminate competition. However, this only applies to businesses that mostly resell products they bought, not those selling products they made themselves.
Section § 17072
If there's a specific industry or trade with a standard cost survey in a certain area, that survey can be used as valid evidence to show how much it costs for someone involved in that industry.
Section § 17073
This law states that when there's a legal case about selling products under certain circumstances, the average cost of doing business, along with what it costs to produce or buy each product, can be used as evidence. For producers, this means the cost to make the product, and for distributors, it's about the lower of either the invoice or the replacement cost. This evidence helps establish the cost of the products involved in the case.
Section § 17074
This law says that if the California Public Utilities Commission sets and approves transportation tariffs, those tariffs are considered solid evidence of delivery costs. Essentially, the approved tariffs can be used to show how much transporting something should cost.
Section § 17075
This law says that if someone is accused of selling products for less than it costs to run their business, and they are paying workers less than the usual wage for that area and job, this wage information can be used as evidence to show they might be trying to break a specific law.
Section § 17076
This law deals with cases where someone is employed or offering services without pay or for less pay than usual. If this happens in a business involved in legal action under this chapter, the value of their services should be considered a business expense. The rate used should be the normal pay rate for that job, at that time and place.
Section § 17077
This law says that if someone is taken to court for selling goods below cost, and the price they paid for their raw materials isn't clear in cash terms, the law will assume the cost of those materials is the going market rate for similar materials in the area where and when they were bought.
Section § 17078
This law says that if someone asks for a temporary restraining order or injunction, and it's shown that a defendant is breaking certain rules, the court can stop that person from continuing to break those rules. Basically, if the court finds someone violating the law, it can order them to stop doing what's forbidden.
Section § 17079
This law lets a court include additional restrictions in a legal order to stop someone from breaking the rules in the future. The idea is to prevent further violations by the person involved.
Section § 17080
If a court issues an order to stop someone from breaking this part of the law, that order will apply to all similar items or products, not just the specific ones mentioned in the case.
Section § 17081
If you're taking legal action under this chapter, you don't need to put up a financial guarantee or bond to get a temporary or permanent court order to stop someone from doing something.
Section § 17082
This law allows a plaintiff to sue without needing to prove they suffered actual damages or injuries. If they win, they can receive up to three times the actual damages they or others assigned to them suffered. The plaintiff can also receive reasonable attorney's fees and other costs if they win. However, these rules don't apply to lawsuits started before September 18, 1959.
Section § 17083
This law allows witnesses in certain cases to give their testimony through depositions, which means giving evidence under oath outside of court. Specific legal rules about depositions apply here. Also, any relevant books and records can be called into court through a subpoena, referenced as evidence, or reviewed during a deposition.
Section § 17084
If you're involved in a court case, you can ask the court to make the other party let you see and copy documents or records that are important to the case. If they refuse and the court agrees, those documents can't be used as evidence by them. If you want to use them as evidence, it's assumed they say what you claim they say.
Section § 17085
This law allows a court to order a thorough review of books, papers, or records if they seem important to a case about violations of this chapter. The court can do this if one of the parties involved asks for it or if the court thinks it's necessary on its own. The process will follow specific procedures outlined in another part of the legal code.
Section § 17086
This law section states that any information gathered under certain legal procedures cannot be used to prosecute someone for a misdemeanor or felony in California.
Section § 17087
This law says that if you're summoned to testify or present evidence in a court case related to a violation of this chapter, you can't refuse by saying it might make you look guilty or lead to a penalty. The good news is, if you do testify or provide evidence, you won't be prosecuted or penalized for anything you reveal during that testimony.