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California Laws | Civil Code
EFFECT OF THE 1872 CODES (23-23.6)
DIVISION 3. OBLIGATIONS

(2) False, inaccurate, or misleading. (14974)

(3) Either (A) made with the knowledge that the statement was false, inaccurate, or misleading, (B) if the information disclosed was a republication of or otherwise a repetition of information from another person, made without a disclosure that the information was based on information supplied by another person or made with the knowledge that the statement was false, inaccurate, or misleading, or (C) made with gross negligence in the determination of the truth or accuracy of the disclosure or in the determination of whether the disclosure was misleading. (14975)

(b) Nothing in this title shall be deemed to affect any other remedy available at law, including, but not limited to, temporary or permanent injunctive relief, against a public or private entity or individual with respect to Year 2000 Problem information disclosures. (14976)

TITLE 17. YEAR 2000 PROBLEM LIABILITY (3272-3272.9) (14977)(Text)

3272. It is the intent of the Legislature to clearly define the legal standards that relate to the Year 2000 Problem and the extent to which state statute conforms to Public Law 106-37 of the United States Code. (14978)

3272.1. For purposes of this title, the following definitions shall apply: (14979)

(a) "Year 2000 Problem" has the same meaning as that set forth in subdivision (a) of Section 3269. (14980)

(b) "Public entity" means the state, county, city, special district or other political subdivision, therein. (14981)

(c) "Small business" means any unincorporated business, partnership, corporation, association, or organization with fewer than 50 full-time employees. (14982)

(d) "Civil fine" means any civil fine or penalty or any administrative fine, penalty, or late fee, not including interest. (14983)

3272.2. Except as provided by this title, no provision of state statute shall be construed to limit damages or liability, afford greater protection to defendants in Year 2000 Problem actions, or provide a greater degree of protection from joint or several liability than is afforded by Public Law 106-37 of the United States. (14984)

3272.3. (a) Except as provided by this section, no state agency shall impose any civil fine on a small business for a violation of an administrative rule or regulation or a noncriminal statute as a result of a Year 2000 Problem suffered by the small business if both of the following conditions are met: (14985)

(1) The rule or regulation in question has not been violated by the small business within the preceding three years. (14986)

(2) The small business has made a good faith effort to prevent, and effectively remediate, potential Year 2000 Problems. (14987)

(b) Except as provided by this section, no state agency shall impose any civil fine on a small business for a violation of a state rule or regulation as a result of a Year 2000 Problem that occurred as a result of efforts to prevent the disruption of critical functions or services that could result in harm to life or property. (14988)

(c) Subdivisions (a) and (b) shall only apply if the small business has done all of the following: (14989)

(1) Upon identification of a violation, initiated reasonable and prompt measures to correct the violation. (14990)

(2) Submitted notice to the appropriate state agency of a violation within five business days of the initial identification of the violation. (14991)

(3) The small business corrected the violation not later than one month after initial notification to the appropriate state agency. (14992)

(d) Subdivisions (a) and (b) shall not apply to violations if an agency determines any of the following: (14993)

(1) That a failure to comply with rules or regulations resulted in actual harm, or constitutes an imminent threat, to public health or safety. (14994)

(2) That a failure to comply with rules or regulations resulted in actual harm, or constitutes an imminent threat, to the environment. (14995)

(3) That a failure to comply with rules or regulations resulted in a substantial financial injury to any individual or organization. (14996)

(e) Not later than January 31, 2000, and until December 31, 2000, each state agency shall establish a point of contact within the agency to act as a liaison between the agency and small businesses with respect to the duties prescribed by this section. (14997)

(f) This section shall not apply to violations caused by a Year 2000 Problem occurring after December 31, 2000. (14998)

3272.4. Nothing in this title shall create a new cause of action, and except as otherwise explicitly provided in this title, nothing in this title shall expand any liability otherwise imposed under state law. (14999)

3272.7. Nothing in this title shall supersede any provision of Title 17 (commencing with Section 3269) of the Civil Code and Title 1 (commencing with Section 1) of the Government Code, or abrogate any rights, obligations, limitations on damages applicable to public entities, or remedies applicable to public entities under existing law. (15000)

3272.9. This title shall become inoperative on July 1, 2001. (15001)

DIVISION 4. GENERAL PROVISIONS (15002)(Text)

PART 1. RELIEF (15003)(Text)

TITLE 1. RELIEF IN GENERAL (3274-3275) (15004)(Text)

3274. As a general rule, compensation is the relief or remedy provided by the law of this State for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified in this Part of the CIVIL CODE. (15005)

3275. Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty. (15006)

TITLE 2. COMPENSATORY RELIEF (15007)(Text)
CHAPTER 1. DAMAGES IN GENERAL (15008)(Text)
Article 1. General Principles (3281-3283) (15009)(Text)

3281. Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages. (15010)

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