California CodesCivil Code - CIVDivision 3 — ObligationsPart 1 — Obligations in GeneralTitle 3 — Transfer of ObligationsSection 1459.5

(a) A plaintiff who prevails on a cause of action against a defendant named pursuant to Part 433 of Title 16 of the Code of Federal Regulations or any successor thereto, or pursuant to the contractual language required by that part or any successor thereto, may claim attorney’s fees, costs, and expenses from that defendant to the fullest extent permissible if the plaintiff had prevailed on that cause of action against the seller.

(b) Any waiver of subdivision (a) is contrary to public policy and is void and unenforceable.

Notes

Allows a plaintiff prevailing against a defendant named under the specified federal rule or required contractual language to claim attorney’s fees, costs, and expenses to the fullest extent permitted if those amounts would have been recoverable against the seller. It bars any waiver of that right as void and contrary to public policy.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1459.5 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-1/title-3/section-1459-5

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