California CodesBusiness and Professions Code - BPCDivision 6 — Business RightsChapter 3 — Trade Names and DesignationsArticle 2 — Container BrandsSection 14438

Any registrant whose containers, equipment or supplies are involved in any violation of the provisions of this article may sue the person or persons who violated said provisions and, upon proof of such violation, shall recover threefold the replacement cost new of the containers, equipment or supplies so involved and costs of suit including a reasonable attorney’s fee. No action shall be brought under this section or Section 14436 against a person who obtained possession of the containers, equipment or supplies pursuant to a contract with the registrant for the delivery of agricultural commodities, unless such person has failed to return to the registrant such containers, equipment and supplies to the point of delivery within 10 days after receipt of a demand for such return sent by registered mail to such person by the registrant.

Notes

Allows a registrant to recover three times the new replacement cost of containers, equipment, or supplies involved in a violation, plus suit costs and reasonable attorney’s fees. A contracting recipient of agricultural-delivery items cannot be sued unless the items remain unreturned 10 days after a registered-mail demand to return them to the delivery point.

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Lexinter.net | California Code, Business and Professions Code - BPC § 14438 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-6/chapter-3/article-2/section-14438

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