← Back to Articles & Developments | Bill text below is the chaptered text as passed in 2022 and is reproduced for historical reference.
What this bill didAB 1730 (Davies) extended Civil Code section 3345 — the penal damages statute that allows a trier of fact to impose a fine, civil penalty or other punitive remedy up to three times the amount otherwise authorized — to actions brought by or for the benefit of veterans. Before this bill the trebling provision reached only senior citizens and disabled persons as defined in Civil Code section 1761. Veterans are now a third protected category, defined by reference to Government Code section 18540.4, and the three aggravating factors in subdivision (b) were conformed throughout to include them.
Current statusChaptered as Stats. 2022, Ch. 78, approved by the Governor and filed with the Secretary of State July 1, 2022, effective January 1, 2023. Civil Code section 3345 has not been amended since — the text AB 1730 produced remains the operative statute. Current codified text appears on the Relevant Statutes page, which should be treated as controlling over the historical bill text below.
Why it matters in practiceSection 3345 is easy to overlook because it sits in the Civil Code rather than the Elder Abuse Act, and because it is not a freestanding cause of action. It operates on top of another statute: where some other provision authorizes a discretionary fine, civil penalty or punitive remedy, section 3345 permits the trier of fact to treble it on an affirmative finding under any one of the three factors in subdivision (b). Those factors track the fact patterns that recur in this practice — conduct the defendant knew was directed at a protected person, loss of a primary residence or of assets set aside for retirement or care, and substantial vulnerability because of age, infirmity or impaired understanding. Note too that its reach is not confined to Consumer Legal Remedies Act claims. A significant practical consequence of AB 1730 is that a veteran under 65 who is not a dependent adult, and so falls outside the Elder Abuse Act, may still be within section 3345.
Chaptered Bill Text
Assembly Bill No. 1730 — Chapter 78, Statutes of 2022
Introduced by Assembly Member Davies · Bipartisan
Approved by the Governor and filed with the Secretary of State, July 1, 2022
An act to amend Section 3345 of the Civil Code, relating to penal damages.
Legislative Counsel’s Digest
AB 1730, Davies. Penal damages: veterans.
Existing law requires the trier of fact, in a civil action to redress unfair or deceptive acts or practices or unfair competition brought by, on behalf of, or for the benefit of senior citizens or disabled persons, to consider specified factors in determining the amount of a discretionary fine, penalty, or remedy to be imposed. Existing law authorizes the trier of fact, upon a finding of one of those factors, to impose a fine, penalty, or other remedy in an amount up to 3 times greater than the amount authorized by statute or the amount the trier of fact would impose in the absence of the affirmative finding.
This bill would make these provisions applicable to veterans.
The People of the State of California Do Enact As Follows
SECTION 1. Section 3345 of the Civil Code is amended to read:
3345. (a) This section shall apply only in actions brought by, on behalf of, or for the benefit of those individuals specified in paragraphs (1) to (3), inclusive, to redress unfair or deceptive acts or practices or unfair methods of competition.
(1) Senior citizens, as defined in subdivision (f) of Section 1761.
(2) Disabled persons, as defined in subdivision (g) of Section 1761.
(3) Veterans, as defined in Section 18540.4 of the Government Code.
(b) Whenever a trier of fact is authorized by a statute to impose either a fine, or a civil penalty or other penalty, or any other remedy the purpose or effect of which is to punish or deter, and the amount of the fine, penalty, or other remedy is subject to the trier of fact’s discretion, the trier of fact shall consider the factors set forth in paragraphs (1) to (3), inclusive, in addition to other appropriate factors, in determining the amount of fine, civil penalty or other penalty, or other remedy to impose. Whenever the trier of fact makes an affirmative finding in regard to one or more of the factors set forth in paragraphs (1) to (3), inclusive, it may impose a fine, civil penalty or other penalty, or other remedy in an amount up to three times greater than authorized by the statute, or, where the statute does not authorize a specific amount, up to three times greater than the amount the trier of fact would impose in the absence of that affirmative finding.
(1) Whether the defendant knew or should have known that their conduct was directed to one or more senior citizens, disabled persons, or veterans.
(2) Whether the defendant’s conduct caused one or more senior citizens, disabled persons, or veterans to suffer: loss or encumbrance of a primary residence, principal employment, or source of income; substantial loss of property set aside for retirement, or for personal or family care and maintenance; or substantial loss of payments received under a pension or retirement plan or a government benefits program, or assets essential to the health or welfare of the senior citizen, disabled person, or veteran.
(3) Whether one or more senior citizens, disabled persons, or veterans are substantially more vulnerable than other members of the public to the defendant’s conduct because of age, poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually suffered substantial physical, emotional, or economic damage resulting from the defendant’s conduct.
Bill text is a public record of the California Legislature, reproduced here as a convenience and for historical reference. It is not legal advice, and it is not a substitute for the current codified statute. Verify the operative text at leginfo.legislature.ca.gov before relying on it.