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Civil Code - CIV - CIV § 1812.304

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.304

(a) If the purchaser has not inspected at least one of the membership camping operator’s campgrounds prior to purchase of a membership camping contract, the notice shall contain the following additional language: “If you sign this contract without having first inspected one of th

Civil Code - CIV - CIV § 1812.305

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.305

The following transactions are exempt from the provisions of this title. (a) An offer, sale or transfer by any one person of not more than one membership camping contract for any given membership camping operator in any 12-month period. (b) An offer or sale by a government or gov

Civil Code - CIV - CIV § 1812.306

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.306

(a) A purchaser’s remedy for errors in or omissions from the membership camping contract of any of the disclosures or requirements of Sections 1812.302 to 1812.304, inclusive, shall be limited to a right of rescission and refund. Reasonable attorney’s fees shall be awarded to the

Civil Code - CIV - CIV § 1812.307

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.307

No membership camping operator shall withdraw from the use by purchasers of membership camping contracts any campground unless one of the following conditions is satisfied: (a) Adequate provision is made to provide within a reasonable time, a substitute campground in the same gen

Civil Code - CIV - CIV § 1812.308

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.308

(a) Except in the case of a membership camping operator substituting a campground in accordance with Section 1812.307, no membership camping operator or owner of the underlying fee shall sell, lease, assign, or otherwise transfer his or her interest in a campground except by an i

Civil Code - CIV - CIV § 1812.309

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.309

(a) Campgrounds subject to this section include any campground which is offered or made available by an operator for the first time after January 1, 1991, or any campground which becomes subject to a new or refinanced blanket encumbrance after January 1, 1991. A membership campin

Civil Code - CIV - CIV § 1812.31

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.31

(a) Whoever violates Section 1812.30 shall be liable to the aggrieved person in an amount equal to the sum of any actual damages sustained by such person acting either in an individual capacity or as a representative of a class. (b) Whoever violates Section 1812.30 shall be liabl

Civil Code - CIV - CIV § 1812.314

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.314

(a) All money received from the owner of a membership camping contract or the prospective purchaser thereof, by a membership camping contract broker in advance of the completion of any membership camping contract resale, including, but not limited to, listing fees, and fees for s

Civil Code - CIV - CIV § 1812.315

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.315

If any provision of this title or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the pro

Civil Code - CIV - CIV § 1812.316

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.316

Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.

Civil Code - CIV - CIV § 1812.32

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.32

Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter may be enjoined by any court of competent jurisdiction. Actions for injunction under this section may be prosecuted by the

Civil Code - CIV - CIV § 1812.33

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.33

(a) Any person who intentionally violates any injunction issued pursuant to this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each day that such person violates the injunction. (b) The civil penalty prescribed by this se

Civil Code - CIV - CIV § 1812.34

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.34

Any person denied credit or offered credit in violation of Section 1812.30 who brings an action pursuant to Section 1812.31 or 1812.32 of this code may petition the court for award of costs and reasonable attorney’s fees which the court shall award if the action is successful.

Civil Code - CIV - CIV § 1812.35

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.35

Any action commenced pursuant to Section 1812.31 shall be commenced within two years from the date on which the person is denied credit or is offered credit in violation of Section 1812.30.

Civil Code - CIV - CIV § 1812.4

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.4

The proceeds of a resale shall be applied (1) to the payment of the expenses thereof, (2) to the payment of any expenses of retaking, including reasonable attorney’s fees actually incurred, and of any expenses of keeping, storing, repairing, reconditioning or preparing the goods

Civil Code - CIV - CIV § 1812.400

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.400

The Legislature finds and declares that it is unfair for a creditor who has directly participated in, arranged, or received a commission or other compensation for the sale of credit disability insurance to the debtor, or that creditor’s successor in interest, to invoke a creditor

Civil Code - CIV - CIV § 1812.401

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.401

For the purposes of this title: (a) “Credit disability insurance” means insurance of a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy. (b) “Creditor” means the lender of mo

Civil Code - CIV - CIV § 1812.402

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.402

(a) No creditor, as defined in Section 1812.401, shall invoke any creditor’s remedy against a debtor because of the debtor’s nonpayment of any sum which becomes due during any disability claim period and for which credit disability insurance coverage, subject to this title, is pr

Civil Code - CIV - CIV § 1812.403

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.403

A creditor may invoke any creditor’s remedy 15 days after receiving notice that the insurer has ceased making payments on a credit disability insurance claim because of the debtor’s failure to timely submit any forms required by the insurer for recertification of a temporary disa

Civil Code - CIV - CIV § 1812.404

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.404

This title shall apply to a creditor only if the creditor, the predecessor to the right, title, or interest of the creditor, or the representative of either of them directly arranges or participates in the sale or receives a commission or other compensation for the sale of credit

Civil Code - CIV - CIV § 1812.405

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.405

This title shall not prohibit a creditor from invoking any creditor’s remedy as a result of a debtor’s nonpayment when due of any amount obtained under an open-end credit plan, as hereafter defined, after the debtor has given notice of a disability claim unless the nonpayment is

Civil Code - CIV - CIV § 1812.406

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.406

(a) This title does not apply to credit disability insurance covering a key person, as hereinafter defined, which a creditor requires as a condition to making a loan of at least twenty-five thousand dollars ($25,000) to be used in the operation of a business in which the key pers

Civil Code - CIV - CIV § 1812.407

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.407

The provisions of this title shall apply to the nonpayment of any sum which becomes due on or after April 1, 1984, and for which the debtor claims disability coverage.

Civil Code - CIV - CIV § 1812.408

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.408

Any waiver by the debtor of the provisions of this title shall be void and unenforceable.

Civil Code - CIV - CIV § 1812.409

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1812.409

This title shall not affect or defeat an interest in the debtor’s property, acquired after the creditor invokes a creditor’s remedy in violation of this title, by a bona fide purchaser or encumbrancer for value and without notice of facts that constitute a violation of this title