civil penalty violation (California) · Go Syfert
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civil penalty violation in California

8 California opinions name it 1 courts 1995–2023 2 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Villacres v. Abm Industries Inc.green
calctapp · 2010 · cited in 2 California opinions naming this issue, 2023–2023
2 sentences

2023(See, e.g., § 226.3 [providing that “the Labor Commissioner shall” enforce this section], Raines v. Coastal Pacific Food Distributors, Inc. (2018) 23 Cal.App.5th 667, 675 [PAGA action to enforce § 226.3]; § 256 [providing that “[t]he Labor Commissioner shall impose a civil penalty”], and Villacres v. ABM Industries Inc. (2010) 189 Cal.App.4th 562, 579 [PAGA action to recover a civil penalty for violation of section 256].) Similarly, that an employee cannot file an individual action for violations of the Act does not mean the Legislature also intended to preclude 19 a PAGA action based on the s

2023(See, e.g., § 226.3 [providing that “the Labor Commissioner shall” enforce this section], Raines v. Coastal Pacific Food Distributors, Inc. (2018) 23 Cal.App.5th 667, 675 [PAGA action to enforce § 226.3]; § 256 [providing that “[t]he Labor Commissioner shall impose a civil penalty”], and Villacres v. ABM Industries Inc. (2010) 189 Cal.App.4th 562, 579 [PAGA action to recover a civil penalty for violation of section 256].) Similarly, that an employee cannot file an individual action for violations of the Act does not mean the Legislature also intended to preclude 19 a PAGA action based on the s

22
Raines v. Coastal Pac. Food Distribs., Inc.green
calctapp5d · 2018 · cited in 2 California opinions naming this issue, 2023–2023
2 sentences

2023(See, e.g., § 226.3 [providing that “the Labor Commissioner shall” enforce this section], Raines v. Coastal Pacific Food Distributors, Inc. (2018) 23 Cal.App.5th 667, 675 [PAGA action to enforce § 226.3]; § 256 [providing that “[t]he Labor Commissioner shall impose a civil penalty”], and Villacres v. ABM Industries Inc. (2010) 189 Cal.App.4th 562, 579 [PAGA action to recover a civil penalty for violation of section 256].) Similarly, that an employee cannot file an individual action for violations of the Act does not mean the Legislature also intended to preclude 19 a PAGA action based on the s

2023(See, e.g., § 226.3 [providing that “the Labor Commissioner shall” enforce this section], Raines v. Coastal Pacific Food Distributors, Inc. (2018) 23 Cal.App.5th 667, 675 [PAGA action to enforce § 226.3]; § 256 [providing that “[t]he Labor Commissioner shall impose a civil penalty”], and Villacres v. ABM Industries Inc. (2010) 189 Cal.App.4th 562, 579 [PAGA action to recover a civil penalty for violation of section 256].) Similarly, that an employee cannot file an individual action for violations of the Act does not mean the Legislature also intended to preclude 19 a PAGA action based on the s

22
Wolf v. Walt Disney Pictures and Televisiongreen
calctapp · 2008 · cited in 2 California opinions naming this issue, 2015–2015
2 sentences

2015(See Wolf v. Walt Disney Pictures & Television (2008) 162 Cal.App.4th 1107, 1142-1143 [ 76 Cal.Rptr.3d 585 ] [plaintiff received monetary recovery, but defendant prevailed on declaratory relief claims in a cross-complaint; remanded for trial court to exercise its discretion to determine prevailing party under § 1032, subd. (a)(4)].) We see no legal basis for a conclusion that Mercedes-Benz was a “prevailing party” within the meaning of section 1032, subdivision (a)(4).

2015(See Wolf v. Walt Disney Pictures & Television (2008) 162 Cal.App.4th 1107, 1142-1143 [ 76 Cal.Rptr.3d 585 ] [plaintiff received monetary recovery, but defendant prevailed on declaratory relief claims in a cross-complaint; remanded for trial court to exercise its discretion to determine prevailing party under § 1032, subd. (a)(4)].) We see no legal basis for a conclusion that Mercedes-Benz was a “prevailing party” within the meaning of section 1032, subdivision (a)(4).

22
Lloyd v. County of Los Angelesgreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Section 2699, subdivision (f), which was added in 2003, 6 7provides in pertinent part: “For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation [7] of these provisions, as follows: [][] (1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). [ft] (2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per p

2010Section 2699, subdivision (f), which was added in 2003, 6 7provides in pertinent part: “For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation [7] of these provisions, as follows: [][] (1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). [ft] (2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per p

11
People v. Harrisgreen
cal · 1994 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995(See People v. Harris (1994) 9 Cal.4th 407, 426 [ 37 Cal.Rptr.2d 200 , 886 P.2d 1193 ].) The court rejected an instruction proposed by BMW concerning the warranty rights of lessees of used vehicles leased from a dealer with the balance of a manufacturer’s new car warranty.

1995(See People v. Harris (1994) 9 Cal.4th 407, 426 [ 37 Cal.Rptr.2d 200 , 886 P.2d 1193 ].) The court rejected an instruction proposed by BMW concerning the warranty rights of lessees of used vehicles leased from a dealer with the balance of a manufacturer’s new car warranty.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Thurman v. Bayshore Transit Management, Inc. green
calctapp · 2012
1 sentence

2016“Because section 226.7 does not specifically provide for a civil penalty, the civil penalty for a violation of section 226.7 would be the default penalty established by section 2699, subdivision (f).” (Thurman v. Bayshore Transit Management, Inc. (2012) 203 Cal.App.4th 1112, 1134 .) Accordingly, plaintiffs are entitled to proceed with their cause of action under the Labor Code Private Attorneys General Act to recover the appropriate civil penalties for Martinez’s violation of Labor Code section 226.7 for failing to provide paid rest periods to his employees who were otherwise compensated at a

12016–2016
Home Depot U.S.A., Inc. v. Superior Court green
calctapp · 2010
1 sentence

2012(Home Depot, supra, 191 Cal.App.4th at p. 218 ; Bright v. 99¢ Only Stores, supra, 189 Cal.App.4th at pp. 1480-1481.) The Franco court apparently assumed that the penalties provided by section 20 of Wage Order No. 9 are civil penalties that a plaintiff may recover in a PAGA action.

12012–2012

Statutes the citing opinions construe

CA § Cal. Civil Code § 1790 (3) CA § Cal. Evidence Code § 452 (3) USC § 15u.s.c.2301 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 8 (1995–2023) FL 6 (1983–2014) TX 5 (1949–2022) NY 5 (1918–2010) WV 5 (2020–2022) NC 2 (2002–2020) CO 2 (1993–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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