as amended, Jackson.
begin deleteCommon interest developments. end delete
Existing law provides that the covenants and restrictions in the declaration of a common interest development are enforceable equitable servitudes, unless unreasonable, that inure to the benefit of and bind all owners of separate interests in the development. Existing law authorizes the owner of a separate interest in a common interest development to enforce a governing document against the association, except as specified, and the association to enforce a governing document against the owner of a separate interest, except as specified.end delete
This bill would make a nonsubstantive change to that provision.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
As used in this title:
15(a) “Credit card” means any card, plate, coupon book, or other
16single credit device existing for the purpose of being used from
17time to time upon presentation to obtain money, property, labor,
18or services on credit. “Credit card” does not mean any of the
20(1) Any single credit device used to obtain telephone property,
21labor, or services in any transaction under public utility tariffs.
22(2) Any device that may be used to obtain credit pursuant to an
23electronic fund transfer, but only if the credit is obtained under an
24agreement between a consumer and a financial institution to extend
25credit when the consumer’s asset account is overdrawn or to
26maintain a specified minimum balance in the consumer’s asset
28(3) Any key or card key used at an automated dispensing outlet
29to obtain or purchase petroleum products, as defined in subdivision
30(c) of Section 13401 of the Business and Professions Code, that
31will be used primarily for business rather than personal or family
33(b) “Accepted credit card” means any credit card that the
34cardholder has requested or applied for and received or has signed,
35or has used, or has authorized another person to use, for the purpose
36of obtaining money, property, labor, or services on credit. Any
37credit card issued in renewal of, or in substitution for, an accepted
38credit card becomes an accepted credit card when received by the
39cardholder, whether the credit card is issued by the same or a
40successor card issuer.
P4 1(c) “Card issuer” means any person who issues a credit card or
2the agent of that person for that purpose with respect to the credit
4(d) “Cardholder” means a natural person to whom a credit card
5is issued for consumer credit purposes, or a natural person who
6has agreed with the card issuer to pay consumer credit obligations
7arising from the issuance of a credit card to another natural person.
8For purposes of Sections 1747.05, 1747.10, and 1747.20, the term
9includes any person to whom a credit card is issued for any
10purpose, including business, commercial, or agricultural use, or a
11person who has agreed with the card issuer to pay obligations
12arising from the issuance of that credit card to another person.
13(e) “Retailer” means every person other than a card issuer who
14furnishes money, goods, services, or anything else of value upon
15presentation of a credit card by a cardholder. “Retailer” shall not
16mean the state, a county, city, city and county, or any other public
18(f) “Unauthorized use” means the use of a credit card by a
19person, other than the cardholder, (1) who does not have actual,
20implied, or apparent authority for that use and (2) from which the
21cardholder receives no benefit. “Unauthorized use” does not include
22the use of a credit card by a person who has been given authority
23by the cardholder to use the credit card. Any attempted termination
24by the cardholder of the person’s authority is ineffective as against
25the card issuer until the cardholder complies with the procedures
26required by the card issuer to terminate that authority.
27Notwithstanding the above, following the card issuer’s receipt of
28oral or written notice from a cardholder indicating that it wishes
29to terminate the authority of a previously authorized user of a credit
30card, the card issuer shall follow its usual procedures for precluding
31any further use of a credit card by an unauthorized person.
begin deleteAn “inquiry” is end deletea writing that is posted by
33mail to the address of the card issuer to which payments are
34normally tendered, unless another address is specifically indicated
35on the statement for that purpose, then to that other address, and
36that is received by the card issuer no later than 60 days after the
37card issuer transmitted the first periodic statement that reflects the
38alleged billing error, and that does all of the following:
39(1) Sets forth sufficient information to enable the card issuer to
40identify the cardholder and the account.
P5 1(2) Sufficiently identifies the billing error.
2(3) Sets forth information providing the basis for the
3cardholder’s belief that the billing error exists.
begin deleteA “response” is end deletea writing that is
5responsive to an inquiry and mailed to the cardholder’s address
6last known to the card issuer.
begin deleteA “timely response” is end deletea response
8that is mailed within two complete billing cycles, but in no event
9 later than 90 days, after the card issuer receives an inquiry.
begin deleteA “billing error” end deletemeans an error by omission
11or commission in (1) posting any debit or credit, or (2) in
12computation or similar error of an accounting nature contained in
13a statement given to the cardholder by the card issuer.
begin delete A “billingend delete
14 error” does not mean any dispute with respect to value,
15quality, or quantity of goods, services, or other benefit obtained
16through use of a credit card.
17(k) “Adequate notice”
means a printed notice to a cardholder
18that sets forth the pertinent facts clearly and conspicuously so that
19a person against whom it is to operate could reasonably be expected
20to have noticed it and understood its meaning.
21(l) “Secured credit card” means any credit card issued under an
22agreement or other instrument that pledges, hypothecates, or places
23a lien on real property or money or other personal property to
24secure the cardholder’s obligations to the card issuer.
25(m) “Student credit card” means any credit card that is provided
26to a student at a public or private college or university and is
27provided to that student solely based on his or her enrollment in a
28public or private university, or is provided to a student who would
29not otherwise qualify for that credit card on the basis of his or her
30income. A “student credit card” does not include a credit card
31issued to a student who has a cocardholder or cosigner who would
32otherwise qualify for a credit card other than a student credit card.
33(n) “Retail motor fuel dispenser” means a device that dispenses
34fuel that is used to power internal combustion engines, including
35motor vehicle engines, that processes the sale of fuel through a
36remote electronic payment system, and that is in a location where
37an employee or other agent of the seller is not present.
38(o) “Retail motor fuel payment island automated cashier” means
39a remote electronic payment processing station that processes the
40retail sale of fuel that is used to power internal combustion engines,
P6 1including motor vehicle engines, that is in a location where an
2employee or other agent of the seller is not present, and that is
3located in close proximity to a retail motor fuel dispenser.
(a) Except as provided in subdivision (c),
begin delete noend delete person,
12firm, partnership, association, or corporation that accepts credit
13cards for the transaction of business
begin delete shallend delete do any of the
15(1) Request, or require as a condition to accepting the credit
16card as payment in full or in part for goods or services, the
17cardholder to write any personal identification information upon
18the credit card transaction form or otherwise.
19(2) Request, or require as a condition to accepting the credit
20card as payment in full or in part for goods or services, the
21cardholder to provide personal identification information, which
22the person, firm, partnership, association, or corporation accepting
23the credit card writes, causes to be written, or otherwise records
24upon the credit card transaction form or otherwise.
25(3) Utilize, in any credit card transaction, a credit card form
26which contains preprinted spaces specifically designated for filling
27in any personal identification information of the cardholder.
28(b) For purposes of this section “personal identification
begin delete information,”end delete means information concerning the
30cardholder, other than information set forth on the credit card, and
31including, but not limited to, the cardholder’s address and telephone
33(c) Subdivision (a) does not apply in the following instances:
34(1) If the credit card is being used as a deposit to secure payment
35in the event of default, loss, damage, or other similar occurrence.
36(2) Cash advance transactions.
37(3) If any of the following applies:
38(A) The person, firm, partnership, association, or corporation
39accepting the credit card is contractually obligated to provide
P7 1personal identification information in order to complete the credit
3(B) The person, firm, partnership, association, or corporation
4accepting the credit card in a sales transaction at a retail motor fuel
5dispenser or retail motor fuel payment island automated cashier
begin delete Zipend delete Code information solely for prevention of fraud,
7theft, or identity theft.
8(C) The person, firm, partnership, association, or corporation
9accepting the credit card is obligated to collect and record the
10personal identification information by federal or state law or
personal identification information is required for a special
13purpose incidental but related to the individual credit card
14transaction, including, but not limited to, information relating to
15shipping, delivery, servicing, or installation of the purchased
16merchandise, or for special orders.
17(d) This section does not prohibit any person, firm,
18partnership, association, or corporation from requiring the
19cardholder, as a condition to accepting the credit card as payment
20in full or in part for goods or services, to provide reasonable forms
21of positive identification, which may include a driver’s license or
22a California state identification card, or where one of these is not
23available, another form of photo identification, provided that none
24of the information contained thereon is written or recorded on the
25credit card transaction form or otherwise. If the cardholder pays
26for the transaction with a credit card number and does not make
27the credit card available upon request to verify the number, the
28cardholder’s driver’s license number or identification card number
29may be recorded on the credit card transaction form or otherwise.
7(e) Any person who violates this section shall be subject to a
8civil penalty not to exceed two hundred fifty dollars ($250) for the
9first violation and one thousand dollars ($1,000) for each
10subsequent violation, to be assessed and collected in a civil action
11brought by the person paying with a credit card, by the Attorney
12General, or by the district attorney or city attorney of the county
13or city in which the violation occurred. However, no civil penalty
14shall be assessed for a violation of this section if the defendant
15shows by a preponderance of the evidence that the violation was
16not intentional and resulted from a bona fide error made
17notwithstanding the defendant’s maintenance of procedures
18reasonably adopted to avoid that error. When collected, the civil
19penalty shall be payable, as appropriate, to the person paying with
20a credit card who brought the action, or to the general fund of
21whichever governmental entity brought the action to assess the
23(f) The Attorney General, or any district attorney or city attorney
24within his or her respective jurisdiction, may bring an action in
25the superior court in the name of the people of the State of
26California to enjoin violation of subdivision (a) and, upon notice
27to the defendant of not less than five days, to temporarily restrain
28and enjoin the violation. If it appears to the satisfaction of the court
29that the defendant has, in fact, violated subdivision (a), the court
30may issue an injunction restraining further violations, without
31requiring proof that any person has been damaged by the violation.
32In these proceedings, if the court finds that the defendant has
33violated subdivision (a), the court may direct the defendant to pay
34any or all costs incurred by the Attorney General, district attorney,
35or city attorney in seeking or obtaining injunctive relief pursuant
36to this subdivision.
37(g) Actions for collection of civil penalties under subdivision
38(e) and for injunctive relief under subdivision (f) may be
P9 1(h) The changes made to this section by Chapter 458 of the
2Statutes of 1995 apply only to credit card transactions entered into
3on and after January 1, 1996. Nothing in those changes shall be
4construed to affect any civil action which was filed before January
Section 1354 of the Civil Code is amended to
(a) The covenants and restrictions in the declaration
9shall be enforceable equitable servitudes, unless unreasonable, and
10shall inure to the benefit of and bind all owners of separate interests
11in the development. Unless the declaration otherwise states, these
12servitudes may be enforced by any owner of a separate interest or
13by the association, or by both.
14(b) A governing document other than the declaration may be
15enforced by the association against an owner of a separate interest
16or by an owner of a separate interest against the association.
17(c) In an action to enforce the governing documents, the
18prevailing party shall be awarded reasonable attorney’s fees and