California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 17 — Year 2000 Information Disclosures, Section 3271

(a) Section 3270 shall not apply if the claimant in an action described in that section establishes that the Year 2000 Problem information disclosure was all of the following:

(1) Material.

(2) False, inaccurate, or misleading.

(3) Either (A) made with the knowledge that the statement was false, inaccurate, or misleading, (B) if the information disclosed was a republication of or otherwise a repetition of information from another person, made without a disclosure that the information was based on information supplied by another person or made with the knowledge that the statement was false, inaccurate, or misleading, or (C) made with gross negligence in the determination of the truth or accuracy of the disclosure or in the determination of whether the disclosure was misleading.

(b) Nothing in this title shall be deemed to affect any other remedy available at law, including, but not limited to, temporary or permanent injunctive relief, against a public or private entity or individual with respect to Year 2000 Problem information disclosures.

Notes

Exempts a Year 2000 Problem information disclosure from the referenced liability limitation when the claimant proves the disclosure was material, false, inaccurate, or misleading and was knowingly false, an undisclosed republication, or made with gross negligence regarding truth, accuracy, or misleading character. Other legal remedies, including temporary or permanent injunctive relief, remain available.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 3271 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-17/section-3271

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