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Civil Code - CIV - CIV § 1798.304
Civil Code - CIV - CIV § 1798.304
An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of
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Civil Code - CIV - CIV § 1798.305
Civil Code - CIV - CIV § 1798.305
If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other
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Civil Code - CIV - CIV § 1798.306
Civil Code - CIV - CIV § 1798.306
(a) A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply: (1) Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure. (2) The person has commenced an action in a court in California a
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Civil Code - CIV - CIV § 1798.307
Civil Code - CIV - CIV § 1798.307
Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as may be required by feder
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Civil Code - CIV - CIV § 1798.308
Civil Code - CIV - CIV § 1798.308
This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum.
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Civil Code - CIV - CIV § 1798.32
Civil Code - CIV - CIV § 1798.32
Each individual shall have the right to inquire and be notified as to whether the agency maintains a record about himself or herself. Agencies shall take reasonable steps to assist individuals in making their requests sufficiently specific. Any notice sent to an individual which
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Civil Code - CIV - CIV § 1798.33
Civil Code - CIV - CIV § 1798.33
Each agency may establish fees to be charged, if any, to an individual for making copies of a record. Such fees shall exclude the cost of any search for and review of the record, and shall not exceed ten cents ($0.10) per page, unless the agency fee for copying is established by
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Civil Code - CIV - CIV § 1798.34
Civil Code - CIV - CIV § 1798.34
(a) Except as otherwise provided in this chapter, each agency shall permit any individual upon request and proper identification to inspect all the personal information in any record containing personal information and maintained by reference to an identifying particular assigned
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Civil Code - CIV - CIV § 1798.35
Civil Code - CIV - CIV § 1798.35
Each agency shall permit an individual to request in writing an amendment of a record and, shall within 30 days of the date of receipt of such request: (a) Make each correction in accordance with the individual’s request of any portion of a record which the individual believes is
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Civil Code - CIV - CIV § 1798.36
Civil Code - CIV - CIV § 1798.36
Each agency shall permit any individual who disagrees with the refusal of the agency to amend a record to request a review of such refusal by the head of the agency or an official specifically designated by the head of such agency, and, not later than 30 days from the date on whi
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Civil Code - CIV - CIV § 1798.37
Civil Code - CIV - CIV § 1798.37
The agency, with respect to any disclosure containing information about which the individual has filed a statement of disagreement, shall clearly note any portion of the record which is disputed and make available copies of such individual’s statement and copies of a concise stat
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Civil Code - CIV - CIV § 1798.38
Civil Code - CIV - CIV § 1798.38
If information, including letters of recommendation, compiled for the purpose of determining suitability, eligibility, or qualifications for employment, advancement, renewal of appointment or promotion, status as adoptive parents, or for the receipt of state contracts, or for lic
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Civil Code - CIV - CIV § 1798.39
Civil Code - CIV - CIV § 1798.39
Sections 1798.35, 1798.36, and 1798.37 shall not apply to any record evidencing property rights.
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Civil Code - CIV - CIV § 1798.40
Civil Code - CIV - CIV § 1798.40
This chapter shall not be construed to require an agency to disclose personal information to the individual to whom the information pertains, if the information meets any of the following criteria: (a) Is compiled for the purpose of identifying individual criminal offenders and a
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Civil Code - CIV - CIV § 1798.41
Civil Code - CIV - CIV § 1798.41
(a) Except as provided in subdivision (c), if the agency determines that information requested pursuant to Section 1798.34 is exempt from access, it shall inform the individual in writing of the agency’s finding that disclosure is not required by law. (b) Except as provided in su
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Civil Code - CIV - CIV § 1798.42
Civil Code - CIV - CIV § 1798.42
In disclosing information contained in a record to an individual, an agency shall not disclose any personal information relating to another individual which may be contained in the record. To comply with this section, an agency shall, in disclosing information, delete from disclo
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Civil Code - CIV - CIV § 1798.43
Civil Code - CIV - CIV § 1798.43
In disclosing information contained in a record to an individual, an agency need not disclose any information pertaining to that individual which is exempt under Section 1798.40. To comply with this section, an agency may, in disclosing personal information contained in a record,
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Civil Code - CIV - CIV § 1798.44
Civil Code - CIV - CIV § 1798.44
This article applies to the rights of an individual to whom personal information pertains and not to the authority or right of any other person, agency, other state governmental entity, or governmental entity to obtain this information.
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Civil Code - CIV - CIV § 1798.45
Civil Code - CIV - CIV § 1798.45
An individual may bring a civil action against an agency whenever such agency does any of the following: (a) Refuses to comply with an individual’s lawful request to inspect pursuant to subdivision (a) of Section 1798.34. (b) Fails to maintain any record concerning any individual
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Civil Code - CIV - CIV § 1798.46
Civil Code - CIV - CIV § 1798.46
In any suit brought under the provisions of subdivision (a) of Section 1798.45: (a) The court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from the complainant. In such a suit the court sh
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Civil Code - CIV - CIV § 1798.47
Civil Code - CIV - CIV § 1798.47
Any agency that fails to comply with any provision of this chapter may be enjoined by any court of competent jurisdiction. The court may make any order or judgment as may be necessary to prevent the use or employment by an agency of any practices which violate this chapter. Actio
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Civil Code - CIV - CIV § 1798.48
Civil Code - CIV - CIV § 1798.48
In any suit brought under the provisions of subdivision (b) or (c) of Section 1798.45, the agency shall be liable to the individual in an amount equal to the sum of: (a) Actual damages sustained by the individual, including damages for mental suffering. (b) The costs of the actio
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Civil Code - CIV - CIV § 1798.49
Civil Code - CIV - CIV § 1798.49
An action to enforce any liability created under Sections 1798.45 to 1798.48, inclusive, may be brought in any court of competent jurisdiction in the county in which the complainant resides, or has his principal place of business, or in which the defendant’s records are situated,
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Civil Code - CIV - CIV § 1798.50
Civil Code - CIV - CIV § 1798.50
A civil action shall not lie under this article based upon an allegation that an opinion which is subjective in nature, as distinguished from a factual assertion, about an individual’s qualifications, in connection with a personnel action concerning such an individual, was not ac
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Civil Code - CIV - CIV § 1798.500
Civil Code - CIV - CIV § 1798.500
For the purposes of this title: (a) (1) “Account holder” means an individual who is at least 18 years of age or a parent or legal guardian of a user who is under 18 years of age in the state. (2) “Account holder” does not include a parent of an emancipated minor or a parent or le