§ 21302

(a) (1) An original equipment manufacturer who knowingly violates any provision of this chapter, or who reasonably should have known that they violated any provision of this chapter, shall be liable for a civil penalty of up to two thousand five hundred dollars ($2,500) per powered wheelchair, not exceeding two hundred fifty thousand dollars ($250,000), for a first violation.

(2) In the case of a first violation, an original equipment manufacturer who does not knowingly violate this chapter may be provided a three-day right to cure the violation before a civil penalty is imposed.

(3) An original equipment manufacturer who commits a second or subsequent violation of this chapter shall be liable for a civil penalty of up to ten thousand dollars ($10,000) per powered wheelchair, not exceeding two hundred fifty thousand dollars ($250,000) for each series of related violations.

(4) An original equipment manufacturer who fails to provide a part because it is out of stock and they are unable to obtain the part shall not be subject to the fines described in this subdivision if the original equipment manufacturer does both of the following:

(A) They inform the customer or independent repair provider that the part is out of stock, and, consequently, they are unable to obtain the part.

(B) They make the part available to the consumer or independent repair provider within three business days of when that part becomes available.

(b) An original equipment manufacturer who violates a court order or injunction issued pursuant to this chapter shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) per violation.

(c) (1) Any person injured by violation of this chapter may bring a civil action for damages or other appropriate relief.

(2) The Attorney General or district attorney may bring a civil action in the name of the state for violation of this chapter.

(3) An action brought pursuant to this chapter shall be commenced within three years from the date of the alleged violation.

(d) If the action is brought by the Attorney General, the penalty collected shall be paid to the Office of the Attorney General to offset the reasonable expenses incurred in conducting that action, and any remainder thereafter shall be paid to the State Treasurer. If brought by a district attorney, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered.

(Added by Stats. 2024, Ch. 797, Sec. 1. (SB 1384) Effective January 1, 2025.)