California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 11 — Pharmaceutical Services, Section 2528

A violation of Section 2527 may result only in imposition of a civil remedy, which includes, but is not limited to, imposition of statutory damages of not less than one thousand dollars ($1,000) or more than ten thousand dollars ($10,000) depending on the severity or gravity of the violation, plus reasonable attorney’s fees and costs, declaratory and injunctive relief, and any other relief which the court deems proper. Any owner of a licensed California pharmacy shall have standing to bring an action seeking a civil remedy pursuant to this section so long as his or her pharmacy has a contractual relationship with, or renders pharmaceutical services to, a beneficiary of a client of the prescription drug claims processor, against whom the action is brought provided that no such action may be commenced by the owner unless he or she has notified the processor in writing as to the nature of the alleged violation and the processor fails to remedy the violation within 30 days from the receipt of the notice or fails to undertake steps to remedy the violation within that period and complete the steps promptly thereafter.

Notes

Allows only civil remedies for a violation of the referenced prescription-claims rule, including $1,000 to $10,000 statutory damages, fees, costs, and equitable relief. Allows a qualifying California pharmacy owner to sue, but bars filing until written notice is given and the processor fails within 30 days to remedy or timely begin and promptly complete a remedy.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 2528 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-11/section-2528

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