California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.81.5 — California Consumer Privacy Act of 2018, Section 1798.199.75

(a) In addition to any other available remedies, the agency may bring a civil action and obtain a judgment in superior court for the purpose of collecting any unpaid administrative fines imposed pursuant to this title after exhaustion of judicial review of the agency’s action. The action may be filed as a small claims, limited civil, or unlimited civil case depending on the jurisdictional amount. The venue for this action shall be in the county where the administrative fines were imposed by the agency. In order to obtain a judgment in a proceeding under this section, the agency shall show, following the procedures and rules of evidence as applied in ordinary civil actions, all of the following:

(1) That the administrative fines were imposed following the procedures set forth in this title and implementing regulations.

(2) That the defendant or defendants in the action were notified, by actual or constructive notice, of the imposition of the administrative fines.

(3) That a demand for payment has been made by the agency and full payment has not been received.

(b) A civil action brought pursuant to subdivision (a) shall be commenced within four years after the date on which the administrative fines were imposed.

Notes

Allows the agency, after exhaustion of judicial review, to sue in superior court to collect unpaid administrative fines, using the case type appropriate to the amount and venue where fines were imposed. The agency must prove proper imposition, notice, and an unpaid demand; the civil action must begin within four years after the fines were imposed.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1798.199.75 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1-81-5/section-1798-199-75

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