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California Statutes § 18582 Suit at law or in equity permitted for violations

⤴ Up to Article 5: Protecting Elections From Armed Coercion and Extremism (PEACE) Act

Statute Text

(a) A person aggrieved by a violation of Section 18581 may enforce the provisions of this article in a suit at law or in equity, or both. A prevailing plaintiff in such an action shall recover reasonable attorney's fees, reasonable expert fees, reasonable litigation expenses, and all such fees as are appropriate as part of the costs to be determined by a court of competent jurisdiction.
(b) An officer holding an election or conducting a canvass may enforce the provisions of this act and may institute an action for equitable relief on behalf of an aggrieved person who is in the officer's jurisdiction or is eligible to vote in the officer's jurisdiction.
(c) The Attorney General may enforce the provisions of this act and may institute for the state, or in the name of the state, an action for equitable relief, including an application for a temporary or permanent injunction, restraining order, or other order.
(d) A suit brought by an officer holding an election or conducting a canvass or the Attorney General under this section does not preclude a contemporaneous private suit by an aggrieved person to enforce the provisions of this article.
(e) In a suit to enforce the provisions of this article, a court may grant relief enjoining the use or carrying of firearms by a defendant beyond the areas defined in Article 3. This subdivision does not limit the court's authority to grant any other just and equitable relief.
(f) In order to prevail in a suit to enforce the provisions of this article, a plaintiff need not prove that a defendant intended to intimidate, threaten, or coerce any person, except in order to prove an attempt to intimidate, threaten, or coerce. A court may nonetheless consider evidence of intent in determining the appropriate relief.
(g) The provisions of this article are cumulative and shall not be construed as restricting the application of any other law, including, but not limited to, the application of a criminal law to a person whose conduct violates Section 18581.

History

Added by Stats 2024 ch 533 ( AB 2642 ) , s 2 , eff. 9/24/2024 .

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