3344. (a) Any person who knowingly uses another's name, voice,
signature, photograph, or likeness, in any manner, on or in products,
merchandise, or goods, or for purposes of advertising or selling, or
soliciting purchases of, products, merchandise, goods or services,
without such person's prior consent, or, in the case of a minor, the
prior consent of his parent or legal guardian, shall be liable for
any damages sustained by the person or persons injured as a result
thereof. In addition, in any action brought under this section, the
person who violated the section shall be liable to the injured party
or parties in an amount equal to the greater of seven hundred fifty
dollars ($750) or the actual damages suffered by him or her as a
result of the unauthorized use, and any profits from the unauthorized
use that are attributable to the use and are not taken into account
in computing the actual damages. In establishing such profits, the
injured party or parties are required to present proof only of the
gross revenue attributable to such use, and the person who violated
this section is required to prove his or her deductible expenses.
Punitive damages may also be awarded to the injured party or parties.
The prevailing party in any action under this section shall also be
entitled to attorney's fees and costs.
(b) As used in this section, "photograph" means any photograph or
photographic reproduction, still or moving, or any videotape or live
television transmission, of any person, such that the person is
readily identifiable.
(1) A person shall be deemed to be readily identifiable from a
photograph when one who views the photograph with the naked eye can
reasonably determine that the person depicted in the photograph is
the same person who is complaining of its unauthorized use.
(2) If the photograph includes more than one person so
identifiable, then the person or persons complaining of the use shall
be represented as individuals rather than solely as members of a
definable group represented in the photograph. A definable group
includes, but is not limited to, the following examples: a crowd at
any sporting event, a crowd in any street or public building, the
audience at any theatrical or stage production, a glee club, or a
baseball team.
(3) A person or persons shall be considered to be represented as
members of a definable group if they are represented in the
photograph solely as a result of being present at the time the
photograph was taken and have not been singled out as individuals in
any manner.
(c) Where a photograph or likeness of an employee of the person
using the photograph or likeness appearing in the advertisement or
other publication prepared by or in behalf of the user is only
incidental, and not essential, to the purpose of the publication in
which it appears, there shall arise a rebuttable presumption
affecting the burden of producing evidence that the failure to obtain
the consent of the employee was not a knowing use of the employee's
photograph or likeness.
(d) For purposes of this section, a use of a name, voice,
signature, photograph, or likeness in connection with any news,
public affairs, or sports broadcast or account, or any political
campaign, shall not constitute a use for which consent is required
under subdivision (a).
(e) The use of a name, voice, signature, photograph, or likeness
in a commercial medium shall not constitute a use for which consent
is required under subdivision (a) solely because the material
containing such use is commercially sponsored or contains paid
advertising. Rather it shall be a question of fact whether or not the
use of the person's name, voice, signature, photograph, or likeness
was so directly connected with the commercial sponsorship or with the
paid advertising as to constitute a use for which consent is
required under subdivision (a).
(f) Nothing in this section shall apply to the owners or employees
of any medium used for advertising, including, but not limited to,
newspapers, magazines, radio and television networks and stations,
cable television systems, billboards, and transit ads, by whom any
advertisement or solicitation in violation of this section is
published or disseminated, unless it is established that such owners
or employees had knowledge of the unauthorized use of the person's
name, voice, signature, photograph, or likeness as prohibited by this
section.
(g) The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
3344.1. (a) (1) Any person who uses a deceased personality's name,
voice, signature, photograph, or likeness, in any manner, on or in
products, merchandise, or goods, or for purposes of advertising or
selling, or soliciting purchases of, products, merchandise, goods, or
services, without prior consent from the person or persons specified
in subdivision (c), shall be liable for any damages sustained by the
person or persons injured as a result thereof. In addition, in any
action brought under this section, the person who violated the
section shall be liable to the injured party or parties in an amount
equal to the greater of seven hundred fifty dollars ($750) or the
actual damages suffered by the injured party or parties, as a result
of the unauthorized use, and any profits from the unauthorized use
that are attributable to the use and are not taken into account in
computing the actual damages. In establishing these profits, the
injured party or parties shall be required to present proof only of
the gross revenue attributable to the use, and the person who
violated the section is required to prove his or her deductible
expenses. Punitive damages may also be awarded to the injured party
or parties. The prevailing party or parties in any action under this
section shall also be entitled to attorney's fees and costs.
(2) For purposes of this subdivision, a play, book, magazine,
newspaper, musical composition, audiovisual work, radio or television
program, single and original work of art, work of political or
newsworthy value, or an advertisement or commercial announcement for
any of these works, shall not be considered a product, article of
merchandise, good, or service if it is fictional or nonfictional
entertainment, or a dramatic, literary, or musical work.
(3) If a work that is protected under paragraph (2) includes
within it a use in connection with a product, article of merchandise,
good, or service, this use shall not be exempt under this
subdivision, notwithstanding the unprotected use's inclusion in a
work otherwise exempt under this subdivision, if the claimant proves
that this use is so directly connected with a product, article of
merchandise, good, or service as to constitute an act of advertising,
selling, or soliciting purchases of that product, article of
merchandise, good, or service by the deceased personality without
prior consent from the person or persons specified in subdivision
(c).
(b) The rights recognized under this section are property rights,
freely transferable or descendible, in whole or in part, by contract
or by means of any trust or any other testamentary instrument,
executed before or after January 1, 1985. The rights recognized under
this section shall be deemed to have existed at the time of death of
any deceased personality who died prior to January 1, 1985, and,
except as provided in subdivision (o), shall vest in the persons
entitled to these property rights under the testamentary instrument
of the deceased personality effective as of the date of his or her
death. In the absence of an express transfer in a testamentary
instrument of the deceased personality's rights in his or her name,
voice, signature, photograph, or likeness, a provision in the
testamentary instrument that provides for the disposition of the
residue of the deceased personality's assets shall be effective to
transfer the rights recognized under this section in accordance with
the terms of that provision. The rights established by this section
shall also be freely transferable or descendible by contract, trust,
or any other testamentary instrument by any subsequent owner of the
deceased personality's rights as recognized by this section. Nothing
in this section shall be construed to render invalid or unenforceable
any contract entered into by a deceased personality during his or
her lifetime by which the deceased personality assigned the rights,
in whole or in part, to use his or her name, voice, signature,
photograph, or likeness, regardless of whether the contract was
entered into before or after January 1, 1985.
(c) The consent required by this section shall be exercisable by
the person or persons to whom the right of consent, or portion
thereof, has been transferred in accordance with subdivision (b), or
if no transfer has occurred, then by the person or persons to whom
the right of consent, or portion thereof, has passed in accordance
with subdivision (d).
(d) Subject to subdivisions (b) and (c), after the death of any
person, the rights under this section shall belong to the following
person or persons and may be exercised, on behalf of and for the
benefit of all of those persons, by those persons who, in the
aggregate, are entitled to more than a one-half interest in the
rights:
(1) The entire interest in those rights belong to the surviving
spouse of the deceased personality unless there are any surviving
children or grandchildren of the deceased personality, in which case
one-half of the entire interest in those rights belong to the
surviving spouse.
(2) The entire interest in those rights belong to the surviving
children of the deceased personality and to the surviving children of
any dead child of the deceased personality unless the deceased
personality has a surviving spouse, in which case the ownership of a
one-half interest in rights is divided among the surviving children
and grandchildren.
(3) If there is no surviving spouse, and no surviving children or
grandchildren, then the entire interest in those rights belong to the
surviving parent or parents of the deceased personality.
(4) The rights of the deceased personality's children and
grandchildren are in all cases divided among them and exercisable in
the manner provided in Section 240 of the Probate Code according to
the number of the deceased personality's children represented. The
share of the children of a dead child of a deceased personality can
be exercised only by the action of a majority of them.
(e) If any deceased personality does not transfer his or her
rights under this section by contract, or by means of a trust or
testamentary instrument, and there are no surviving persons as
described in subdivision (d), then the rights set forth in
subdivision (a) shall terminate.
(f) (1) A successor in interest to the rights of a deceased
personality under this section or a licensee thereof may not recover
damages for a use prohibited by this section that occurs before the
successor in interest or licensee registers a claim of the rights
under paragraph (2).
(2) Any person claiming to be a successor in interest to the
rights of a deceased personality under this section or a licensee
thereof may register that claim with the Secretary of State on a form
prescribed by the Secretary of State and upon payment of a fee as
set forth in subdivision (d) of Section 12195 of the Government Code.
The form shall be verified and shall include the name and date of
death of the deceased personality, the name and address of the
claimant, the basis of the claim, and the rights claimed.
(3) Upon receipt and after filing of any document under this
section, the Secretary of State shall post the document along with
the entire registry of persons claiming to be a successor in interest
to the rights of a deceased personality or a registered licensee
under this section upon the Secretary of State's Internet Web site.
The Secretary of State may microfilm or reproduce by other techniques
any of the filings or documents and destroy the original filing or
document. The microfilm or other reproduction of any document under
the provisions of this section shall be admissible in any court of
law. The microfilm or other reproduction of any document may be
destroyed by the Secretary of State 70 years after the death of the
personality named therein.
(4) Claims registered under this subdivision shall be public
records.
(g) An action shall not be brought under this section by reason of
any use of a deceased personality's name, voice, signature,
photograph, or likeness occurring after the expiration of 70 years
after the death of the deceased personality.
(h) As used in this section, "deceased personality" means any
natural person whose name, voice, signature, photograph, or likeness
has commercial value at the time of his or her death, or because of
his or her death, whether or not during the lifetime of that natural
person the person used his or her name, voice, signature, photograph,
or likeness on or in products, merchandise, or goods, or for
purposes of advertising or selling, or solicitation of purchase of,
products, merchandise, goods, or services. A "deceased personality"
shall include, without limitation, any such natural person who has
died within 70 years prior to January 1, 1985.
(i) As used in this section, "photograph" means any photograph or
photographic reproduction, still or moving, or any videotape or live
television transmission, of any person, such that the deceased
personality is readily identifiable. A deceased personality shall be
deemed to be readily identifiable from a photograph if one who views
the photograph with the naked eye can reasonably determine who the
person depicted in the photograph is.
(j) For purposes of this section, the use of a name, voice,
signature, photograph, or likeness in connection with any news,
public affairs, or sports broadcast or account, or any political
campaign, shall not constitute a use for which consent is required
under subdivision (a).
(k) The use of a name, voice, signature, photograph, or likeness
in a commercial medium shall not constitute a use for which consent
is required under subdivision (a) solely because the material
containing the use is commercially sponsored or contains paid
advertising. Rather, it shall be a question of fact whether or not
the use of the deceased personality's name, voice, signature,
photograph, or likeness was so directly connected with the commercial
sponsorship or with the paid advertising as to constitute a use for
which consent is required under subdivision (a).
(l) Nothing in this section shall apply to the owners or employees
of any medium used for advertising, including, but not limited to,
newspapers, magazines, radio and television networks and stations,
cable television systems, billboards, and transit advertisements, by
whom any advertisement or solicitation in violation of this section
is published or disseminated, unless it is established that the
owners or employees had knowledge of the unauthorized use of the
deceased personality's name, voice, signature, photograph, or
likeness as prohibited by this section.
(m) The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
(n) This section shall apply to the adjudication of liability and
the imposition of any damages or other remedies in cases in which the
liability, damages, and other remedies arise from acts occurring
directly in this state. For purposes of this section, acts giving
rise to liability shall be limited to the use, on or in products,
merchandise, goods, or services, or the advertising or selling, or
soliciting purchases of, products, merchandise, goods, or services
prohibited by this section.
(o) Notwithstanding any provision of this section to the contrary,
if an action was taken prior to May 1, 2007, to exercise rights
recognized under this section relating to a deceased personality who
died prior to January 1, 1985, by a person described in subdivision
(d), other than a person who was disinherited by the deceased
personality in a testamentary instrument, and the exercise of those
rights was not challenged successfully in a court action by a person
described in subdivision (b), that exercise shall not be affected by
subdivision (b). In that case, the rights that would otherwise vest
in one or more persons described in subdivision (b) shall vest solely
in the person or persons described in subdivision (d), other than a
person disinherited by the deceased personality in a testamentary
instrument, for all future purposes.
(p) The rights recognized by this section are expressly made
retroactive, including to those deceased personalities who died
before January 1, 1985.
3344.5. (a) Any person whose signature is used in violation of, and
any candidate for elective office whose election or defeat is
expressly advocated in any campaign advertisement that violates,
subdivision (b) of Section 115.1 of the Penal Code, shall have a
civil cause of action against any person committing the violation.
(b) If a mass mailing or other printed matter that violates
subdivision (b) of Section 115.1 of the Penal Code expressly
advocates the election or defeat of more than one candidate only a
person whose signature is used and the candidate or candidates to
whom the unauthorized signature directly relates shall have a civil
cause of action pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section
may recover damages in an amount of two times the cost of the
communication, but not to exceed fifty thousand dollars ($50,000),
with regard to which the unauthorized signature was used.
(d) As used in this section, "signature" means either of the
following:
(1) A handwritten or mechanical signature, or a copy thereof.
(2) Any representation of a person's name, including, but not
limited to, a printed or typewritten representation, that serves the
same purpose as a handwritten or mechanical signature.
3344.6. (a) Any candidate for elective office whose election or
defeat is expressly advocated in any campaign advertisement which
violates subdivision (a) of Section 115.2 of the Penal Code shall
have a civil cause of action against any person committing the
violation.
(b) If a mass mailing or other printed matter which violates
subdivision (a) of Section 115.2 of the Penal Code expressly
advocates the election or defeat of more than one candidate, only the
candidate or candidates to whom the misstatement or
misrepresentation directly relates shall have a civil cause of action
pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section
may recover damages in an amount of two times the cost of the
communication, but not to exceed fifty thousand dollars ($50,000).
3345. (a) This section shall apply only in actions brought by, on
behalf of, or for the benefit of senior citizens or disabled persons,
as those terms are defined in subdivisions (f) and (g) of Section
1761, to redress unfair or deceptive acts or practices or unfair
methods of competition.
(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 all of the
following factors, 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 following
factors, 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 his or
her conduct was directed to one or more senior citizens or disabled
persons.
(2) Whether the defendant's conduct caused one or more senior
citizens or disabled persons 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 or disabled person.
(3) Whether one or more senior citizens or disabled persons 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.
3346. (a) For wrongful injuries to timber, trees, or underwood upon
the land of another, or removal thereof, the measure of damages is
three times such sum as would compensate for the actual detriment,
except that where the trespass was casual or involuntary, or that the
defendant in any action brought under this section had probable
cause to believe that the land on which the trespass was committed
was his own or the land of the person in whose service or by whose
direction the act was done, the measure of damages shall be twice the
sum as would compensate for the actual detriment, and excepting
further that where the wood was taken by the authority of highway
officers for the purpose of repairing a public highway or bridge upon
the land or adjoining it, in which case judgment shall only be given
in a sum equal to the actual detriment.
(b) The measure of damages to be assessed against a defendant for
any trespass committed while acting in reliance upon a survey of
boundary lines which improperly fixes the location of a boundary
line, shall be the actual detriment incurred if both of the following
conditions exist:
(1) The trespass was committed by a defendant who either himself
procured, or whose principal, lessor, or immediate predecessor in
title procured the survey to be made; and
(2) The survey was made by a person licensed under the laws of
this State to practice land surveying.
(c) Any action for the damages specified by subdivisions (a) and
(b) of this section must be commenced within five years from the date
of the trespass.
3344. (a) Any person who knowingly uses another's name, voice,
signature, photograph, or likeness, in any manner, on or in products,
merchandise, or goods, or for purposes of advertising or selling, or
soliciting purchases of, products, merchandise, goods or services,
without such person's prior consent, or, in the case of a minor, the
prior consent of his parent or legal guardian, shall be liable for
any damages sustained by the person or persons injured as a result
thereof. In addition, in any action brought under this section, the
person who violated the section shall be liable to the injured party
or parties in an amount equal to the greater of seven hundred fifty
dollars ($750) or the actual damages suffered by him or her as a
result of the unauthorized use, and any profits from the unauthorized
use that are attributable to the use and are not taken into account
in computing the actual damages. In establishing such profits, the
injured party or parties are required to present proof only of the
gross revenue attributable to such use, and the person who violated
this section is required to prove his or her deductible expenses.
Punitive damages may also be awarded to the injured party or parties.
The prevailing party in any action under this section shall also be
entitled to attorney's fees and costs.
(b) As used in this section, "photograph" means any photograph or
photographic reproduction, still or moving, or any videotape or live
television transmission, of any person, such that the person is
readily identifiable.
(1) A person shall be deemed to be readily identifiable from a
photograph when one who views the photograph with the naked eye can
reasonably determine that the person depicted in the photograph is
the same person who is complaining of its unauthorized use.
(2) If the photograph includes more than one person so
identifiable, then the person or persons complaining of the use shall
be represented as individuals rather than solely as members of a
definable group represented in the photograph. A definable group
includes, but is not limited to, the following examples: a crowd at
any sporting event, a crowd in any street or public building, the
audience at any theatrical or stage production, a glee club, or a
baseball team.
(3) A person or persons shall be considered to be represented as
members of a definable group if they are represented in the
photograph solely as a result of being present at the time the
photograph was taken and have not been singled out as individuals in
any manner.
(c) Where a photograph or likeness of an employee of the person
using the photograph or likeness appearing in the advertisement or
other publication prepared by or in behalf of the user is only
incidental, and not essential, to the purpose of the publication in
which it appears, there shall arise a rebuttable presumption
affecting the burden of producing evidence that the failure to obtain
the consent of the employee was not a knowing use of the employee's
photograph or likeness.
(d) For purposes of this section, a use of a name, voice,
signature, photograph, or likeness in connection with any news,
public affairs, or sports broadcast or account, or any political
campaign, shall not constitute a use for which consent is required
under subdivision (a).
(e) The use of a name, voice, signature, photograph, or likeness
in a commercial medium shall not constitute a use for which consent
is required under subdivision (a) solely because the material
containing such use is commercially sponsored or contains paid
advertising. Rather it shall be a question of fact whether or not the
use of the person's name, voice, signature, photograph, or likeness
was so directly connected with the commercial sponsorship or with the
paid advertising as to constitute a use for which consent is
required under subdivision (a).
(f) Nothing in this section shall apply to the owners or employees
of any medium used for advertising, including, but not limited to,
newspapers, magazines, radio and television networks and stations,
cable television systems, billboards, and transit ads, by whom any
advertisement or solicitation in violation of this section is
published or disseminated, unless it is established that such owners
or employees had knowledge of the unauthorized use of the person's
name, voice, signature, photograph, or likeness as prohibited by this
section.
(g) The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
3344.1. (a) (1) Any person who uses a deceased personality's name,
voice, signature, photograph, or likeness, in any manner, on or in
products, merchandise, or goods, or for purposes of advertising or
selling, or soliciting purchases of, products, merchandise, goods, or
services, without prior consent from the person or persons specified
in subdivision (c), shall be liable for any damages sustained by the
person or persons injured as a result thereof. In addition, in any
action brought under this section, the person who violated the
section shall be liable to the injured party or parties in an amount
equal to the greater of seven hundred fifty dollars ($750) or the
actual damages suffered by the injured party or parties, as a result
of the unauthorized use, and any profits from the unauthorized use
that are attributable to the use and are not taken into account in
computing the actual damages. In establishing these profits, the
injured party or parties shall be required to present proof only of
the gross revenue attributable to the use, and the person who
violated the section is required to prove his or her deductible
expenses. Punitive damages may also be awarded to the injured party
or parties. The prevailing party or parties in any action under this
section shall also be entitled to attorney's fees and costs.
(2) For purposes of this subdivision, a play, book, magazine,
newspaper, musical composition, audiovisual work, radio or television
program, single and original work of art, work of political or
newsworthy value, or an advertisement or commercial announcement for
any of these works, shall not be considered a product, article of
merchandise, good, or service if it is fictional or nonfictional
entertainment, or a dramatic, literary, or musical work.
(3) If a work that is protected under paragraph (2) includes
within it a use in connection with a product, article of merchandise,
good, or service, this use shall not be exempt under this
subdivision, notwithstanding the unprotected use's inclusion in a
work otherwise exempt under this subdivision, if the claimant proves
that this use is so directly connected with a product, article of
merchandise, good, or service as to constitute an act of advertising,
selling, or soliciting purchases of that product, article of
merchandise, good, or service by the deceased personality without
prior consent from the person or persons specified in subdivision
(c).
(b) The rights recognized under this section are property rights,
freely transferable or descendible, in whole or in part, by contract
or by means of any trust or any other testamentary instrument,
executed before or after January 1, 1985. The rights recognized under
this section shall be deemed to have existed at the time of death of
any deceased personality who died prior to January 1, 1985, and,
except as provided in subdivision (o), shall vest in the persons
entitled to these property rights under the testamentary instrument
of the deceased personality effective as of the date of his or her
death. In the absence of an express transfer in a testamentary
instrument of the deceased personality's rights in his or her name,
voice, signature, photograph, or likeness, a provision in the
testamentary instrument that provides for the disposition of the
residue of the deceased personality's assets shall be effective to
transfer the rights recognized under this section in accordance with
the terms of that provision. The rights established by this section
shall also be freely transferable or descendible by contract, trust,
or any other testamentary instrument by any subsequent owner of the
deceased personality's rights as recognized by this section. Nothing
in this section shall be construed to render invalid or unenforceable
any contract entered into by a deceased personality during his or
her lifetime by which the deceased personality assigned the rights,
in whole or in part, to use his or her name, voice, signature,
photograph, or likeness, regardless of whether the contract was
entered into before or after January 1, 1985.
(c) The consent required by this section shall be exercisable by
the person or persons to whom the right of consent, or portion
thereof, has been transferred in accordance with subdivision (b), or
if no transfer has occurred, then by the person or persons to whom
the right of consent, or portion thereof, has passed in accordance
with subdivision (d).
(d) Subject to subdivisions (b) and (c), after the death of any
person, the rights under this section shall belong to the following
person or persons and may be exercised, on behalf of and for the
benefit of all of those persons, by those persons who, in the
aggregate, are entitled to more than a one-half interest in the
rights:
(1) The entire interest in those rights belong to the surviving
spouse of the deceased personality unless there are any surviving
children or grandchildren of the deceased personality, in which case
one-half of the entire interest in those rights belong to the
surviving spouse.
(2) The entire interest in those rights belong to the surviving
children of the deceased personality and to the surviving children of
any dead child of the deceased personality unless the deceased
personality has a surviving spouse, in which case the ownership of a
one-half interest in rights is divided among the surviving children
and grandchildren.
(3) If there is no surviving spouse, and no surviving children or
grandchildren, then the entire interest in those rights belong to the
surviving parent or parents of the deceased personality.
(4) The rights of the deceased personality's children and
grandchildren are in all cases divided among them and exercisable in
the manner provided in Section 240 of the Probate Code according to
the number of the deceased personality's children represented. The
share of the children of a dead child of a deceased personality can
be exercised only by the action of a majority of them.
(e) If any deceased personality does not transfer his or her
rights under this section by contract, or by means of a trust or
testamentary instrument, and there are no surviving persons as
described in subdivision (d), then the rights set forth in
subdivision (a) shall terminate.
(f) (1) A successor in interest to the rights of a deceased
personality under this section or a licensee thereof may not recover
damages for a use prohibited by this section that occurs before the
successor in interest or licensee registers a claim of the rights
under paragraph (2).
(2) Any person claiming to be a successor in interest to the
rights of a deceased personality under this section or a licensee
thereof may register that claim with the Secretary of State on a form
prescribed by the Secretary of State and upon payment of a fee as
set forth in subdivision (d) of Section 12195 of the Government Code.
The form shall be verified and shall include the name and date of
death of the deceased personality, the name and address of the
claimant, the basis of the claim, and the rights claimed.
(3) Upon receipt and after filing of any document under this
section, the Secretary of State shall post the document along with
the entire registry of persons claiming to be a successor in interest
to the rights of a deceased personality or a registered licensee
under this section upon the Secretary of State's Internet Web site.
The Secretary of State may microfilm or reproduce by other techniques
any of the filings or documents and destroy the original filing or
document. The microfilm or other reproduction of any document under
the provisions of this section shall be admissible in any court of
law. The microfilm or other reproduction of any document may be
destroyed by the Secretary of State 70 years after the death of the
personality named therein.
(4) Claims registered under this subdivision shall be public
records.
(g) An action shall not be brought under this section by reason of
any use of a deceased personality's name, voice, signature,
photograph, or likeness occurring after the expiration of 70 years
after the death of the deceased personality.
(h) As used in this section, "deceased personality" means any
natural person whose name, voice, signature, photograph, or likeness
has commercial value at the time of his or her death, or because of
his or her death, whether or not during the lifetime of that natural
person the person used his or her name, voice, signature, photograph,
or likeness on or in products, merchandise, or goods, or for
purposes of advertising or selling, or solicitation of purchase of,
products, merchandise, goods, or services. A "deceased personality"
shall include, without limitation, any such natural person who has
died within 70 years prior to January 1, 1985.
(i) As used in this section, "photograph" means any photograph or
photographic reproduction, still or moving, or any videotape or live
television transmission, of any person, such that the deceased
personality is readily identifiable. A deceased personality shall be
deemed to be readily identifiable from a photograph if one who views
the photograph with the naked eye can reasonably determine who the
person depicted in the photograph is.
(j) For purposes of this section, the use of a name, voice,
signature, photograph, or likeness in connection with any news,
public affairs, or sports broadcast or account, or any political
campaign, shall not constitute a use for which consent is required
under subdivision (a).
(k) The use of a name, voice, signature, photograph, or likeness
in a commercial medium shall not constitute a use for which consent
is required under subdivision (a) solely because the material
containing the use is commercially sponsored or contains paid
advertising. Rather, it shall be a question of fact whether or not
the use of the deceased personality's name, voice, signature,
photograph, or likeness was so directly connected with the commercial
sponsorship or with the paid advertising as to constitute a use for
which consent is required under subdivision (a).
(l) Nothing in this section shall apply to the owners or employees
of any medium used for advertising, including, but not limited to,
newspapers, magazines, radio and television networks and stations,
cable television systems, billboards, and transit advertisements, by
whom any advertisement or solicitation in violation of this section
is published or disseminated, unless it is established that the
owners or employees had knowledge of the unauthorized use of the
deceased personality's name, voice, signature, photograph, or
likeness as prohibited by this section.
(m) The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
(n) This section shall apply to the adjudication of liability and
the imposition of any damages or other remedies in cases in which the
liability, damages, and other remedies arise from acts occurring
directly in this state. For purposes of this section, acts giving
rise to liability shall be limited to the use, on or in products,
merchandise, goods, or services, or the advertising or selling, or
soliciting purchases of, products, merchandise, goods, or services
prohibited by this section.
(o) Notwithstanding any provision of this section to the contrary,
if an action was taken prior to May 1, 2007, to exercise rights
recognized under this section relating to a deceased personality who
died prior to January 1, 1985, by a person described in subdivision
(d), other than a person who was disinherited by the deceased
personality in a testamentary instrument, and the exercise of those
rights was not challenged successfully in a court action by a person
described in subdivision (b), that exercise shall not be affected by
subdivision (b). In that case, the rights that would otherwise vest
in one or more persons described in subdivision (b) shall vest solely
in the person or persons described in subdivision (d), other than a
person disinherited by the deceased personality in a testamentary
instrument, for all future purposes.
(p) The rights recognized by this section are expressly made
retroactive, including to those deceased personalities who died
before January 1, 1985.
3344.5. (a) Any person whose signature is used in violation of, and
any candidate for elective office whose election or defeat is
expressly advocated in any campaign advertisement that violates,
subdivision (b) of Section 115.1 of the Penal Code, shall have a
civil cause of action against any person committing the violation.
(b) If a mass mailing or other printed matter that violates
subdivision (b) of Section 115.1 of the Penal Code expressly
advocates the election or defeat of more than one candidate only a
person whose signature is used and the candidate or candidates to
whom the unauthorized signature directly relates shall have a civil
cause of action pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section
may recover damages in an amount of two times the cost of the
communication, but not to exceed fifty thousand dollars ($50,000),
with regard to which the unauthorized signature was used.
(d) As used in this section, "signature" means either of the
following:
(1) A handwritten or mechanical signature, or a copy thereof.
(2) Any representation of a person's name, including, but not
limited to, a printed or typewritten representation, that serves the
same purpose as a handwritten or mechanical signature.
3344.6. (a) Any candidate for elective office whose election or
defeat is expressly advocated in any campaign advertisement which
violates subdivision (a) of Section 115.2 of the Penal Code shall
have a civil cause of action against any person committing the
violation.
(b) If a mass mailing or other printed matter which violates
subdivision (a) of Section 115.2 of the Penal Code expressly
advocates the election or defeat of more than one candidate, only the
candidate or candidates to whom the misstatement or
misrepresentation directly relates shall have a civil cause of action
pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section
may recover damages in an amount of two times the cost of the
communication, but not to exceed fifty thousand dollars ($50,000).
3345. (a) This section shall apply only in actions brought by, on
behalf of, or for the benefit of senior citizens or disabled persons,
as those terms are defined in subdivisions (f) and (g) of Section
1761, to redress unfair or deceptive acts or practices or unfair
methods of competition.
(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 all of the
following factors, 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 following
factors, 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 his or
her conduct was directed to one or more senior citizens or disabled
persons.
(2) Whether the defendant's conduct caused one or more senior
citizens or disabled persons 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 or disabled person.
(3) Whether one or more senior citizens or disabled persons 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.
3346. (a) For wrongful injuries to timber, trees, or underwood upon
the land of another, or removal thereof, the measure of damages is
three times such sum as would compensate for the actual detriment,
except that where the trespass was casual or involuntary, or that the
defendant in any action brought under this section had probable
cause to believe that the land on which the trespass was committed
was his own or the land of the person in whose service or by whose
direction the act was done, the measure of damages shall be twice the
sum as would compensate for the actual detriment, and excepting
further that where the wood was taken by the authority of highway
officers for the purpose of repairing a public highway or bridge upon
the land or adjoining it, in which case judgment shall only be given
in a sum equal to the actual detriment.
(b) The measure of damages to be assessed against a defendant for
any trespass committed while acting in reliance upon a survey of
boundary lines which improperly fixes the location of a boundary
line, shall be the actual detriment incurred if both of the following
conditions exist:
(1) The trespass was committed by a defendant who either himself
procured, or whose principal, lessor, or immediate predecessor in
title procured the survey to be made; and
(2) The survey was made by a person licensed under the laws of
this State to practice land surveying.
(c) Any action for the damages specified by subdivisions (a) and
(b) of this section must be commenced within five years from the date
of the trespass.
3344. (a) Any person who knowingly uses another's name, voice,
signature, photograph, or likeness, in any manner, on or in products,
merchandise, or goods, or for purposes of advertising or selling, or
soliciting purchases of, products, merchandise, goods or services,
without such person's prior consent, or, in the case of a minor, the
prior consent of his parent or legal guardian, shall be liable for
any damages sustained by the person or persons injured as a result
thereof. In addition, in any action brought under this section, the
person who violated the section shall be liable to the injured party
or parties in an amount equal to the greater of seven hundred fifty
dollars ($750) or the actual damages suffered by him or her as a
result of the unauthorized use, and any profits from the unauthorized
use that are attributable to the use and are not taken into account
in computing the actual damages. In establishing such profits, the
injured party or parties are required to present proof only of the
gross revenue attributable to such use, and the person who violated
this section is required to prove his or her deductible expenses.
Punitive damages may also be awarded to the injured party or parties.
The prevailing party in any action under this section shall also be
entitled to attorney's fees and costs.
(b) As used in this section, "photograph" means any photograph or
photographic reproduction, still or moving, or any videotape or live
television transmission, of any person, such that the person is
readily identifiable.
(1) A person shall be deemed to be readily identifiable from a
photograph when one who views the photograph with the naked eye can
reasonably determine that the person depicted in the photograph is
the same person who is complaining of its unauthorized use.
(2) If the photograph includes more than one person so
identifiable, then the person or persons complaining of the use shall
be represented as individuals rather than solely as members of a
definable group represented in the photograph. A definable group
includes, but is not limited to, the following examples: a crowd at
any sporting event, a crowd in any street or public building, the
audience at any theatrical or stage production, a glee club, or a
baseball team.
(3) A person or persons shall be considered to be represented as
members of a definable group if they are represented in the
photograph solely as a result of being present at the time the
photograph was taken and have not been singled out as individuals in
any manner.
(c) Where a photograph or likeness of an employee of the person
using the photograph or likeness appearing in the advertisement or
other publication prepared by or in behalf of the user is only
incidental, and not essential, to the purpose of the publication in
which it appears, there shall arise a rebuttable presumption
affecting the burden of producing evidence that the failure to obtain
the consent of the employee was not a knowing use of the employee's
photograph or likeness.
(d) For purposes of this section, a use of a name, voice,
signature, photograph, or likeness in connection with any news,
public affairs, or sports broadcast or account, or any political
campaign, shall not constitute a use for which consent is required
under subdivision (a).
(e) The use of a name, voice, signature, photograph, or likeness
in a commercial medium shall not constitute a use for which consent
is required under subdivision (a) solely because the material
containing such use is commercially sponsored or contains paid
advertising. Rather it shall be a question of fact whether or not the
use of the person's name, voice, signature, photograph, or likeness
was so directly connected with the commercial sponsorship or with the
paid advertising as to constitute a use for which consent is
required under subdivision (a).
(f) Nothing in this section shall apply to the owners or employees
of any medium used for advertising, including, but not limited to,
newspapers, magazines, radio and television networks and stations,
cable television systems, billboards, and transit ads, by whom any
advertisement or solicitation in violation of this section is
published or disseminated, unless it is established that such owners
or employees had knowledge of the unauthorized use of the person's
name, voice, signature, photograph, or likeness as prohibited by this
section.
(g) The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
3344.1. (a) (1) Any person who uses a deceased personality's name,
voice, signature, photograph, or likeness, in any manner, on or in
products, merchandise, or goods, or for purposes of advertising or
selling, or soliciting purchases of, products, merchandise, goods, or
services, without prior consent from the person or persons specified
in subdivision (c), shall be liable for any damages sustained by the
person or persons injured as a result thereof. In addition, in any
action brought under this section, the person who violated the
section shall be liable to the injured party or parties in an amount
equal to the greater of seven hundred fifty dollars ($750) or the
actual damages suffered by the injured party or parties, as a result
of the unauthorized use, and any profits from the unauthorized use
that are attributable to the use and are not taken into account in
computing the actual damages. In establishing these profits, the
injured party or parties shall be required to present proof only of
the gross revenue attributable to the use, and the person who
violated the section is required to prove his or her deductible
expenses. Punitive damages may also be awarded to the injured party
or parties. The prevailing party or parties in any action under this
section shall also be entitled to attorney's fees and costs.
(2) For purposes of this subdivision, a play, book, magazine,
newspaper, musical composition, audiovisual work, radio or television
program, single and original work of art, work of political or
newsworthy value, or an advertisement or commercial announcement for
any of these works, shall not be considered a product, article of
merchandise, good, or service if it is fictional or nonfictional
entertainment, or a dramatic, literary, or musical work.
(3) If a work that is protected under paragraph (2) includes
within it a use in connection with a product, article of merchandise,
good, or service, this use shall not be exempt under this
subdivision, notwithstanding the unprotected use's inclusion in a
work otherwise exempt under this subdivision, if the claimant proves
that this use is so directly connected with a product, article of
merchandise, good, or service as to constitute an act of advertising,
selling, or soliciting purchases of that product, article of
merchandise, good, or service by the deceased personality without
prior consent from the person or persons specified in subdivision
(c).
(b) The rights recognized under this section are property rights,
freely transferable or descendible, in whole or in part, by contract
or by means of any trust or any other testamentary instrument,
executed before or after January 1, 1985. The rights recognized under
this section shall be deemed to have existed at the time of death of
any deceased personality who died prior to January 1, 1985, and,
except as provided in subdivision (o), shall vest in the persons
entitled to these property rights under the testamentary instrument
of the deceased personality effective as of the date of his or her
death. In the absence of an express transfer in a testamentary
instrument of the deceased personality's rights in his or her name,
voice, signature, photograph, or likeness, a provision in the
testamentary instrument that provides for the disposition of the
residue of the deceased personality's assets shall be effective to
transfer the rights recognized under this section in accordance with
the terms of that provision. The rights established by this section
shall also be freely transferable or descendible by contract, trust,
or any other testamentary instrument by any subsequent owner of the
deceased personality's rights as recognized by this section. Nothing
in this section shall be construed to render invalid or unenforceable
any contract entered into by a deceased personality during his or
her lifetime by which the deceased personality assigned the rights,
in whole or in part, to use his or her name, voice, signature,
photograph, or likeness, regardless of whether the contract was
entered into before or after January 1, 1985.
(c) The consent required by this section shall be exercisable by
the person or persons to whom the right of consent, or portion
thereof, has been transferred in accordance with subdivision (b), or
if no transfer has occurred, then by the person or persons to whom
the right of consent, or portion thereof, has passed in accordance
with subdivision (d).
(d) Subject to subdivisions (b) and (c), after the death of any
person, the rights under this section shall belong to the following
person or persons and may be exercised, on behalf of and for the
benefit of all of those persons, by those persons who, in the
aggregate, are entitled to more than a one-half interest in the
rights:
(1) The entire interest in those rights belong to the surviving
spouse of the deceased personality unless there are any surviving
children or grandchildren of the deceased personality, in which case
one-half of the entire interest in those rights belong to the
surviving spouse.
(2) The entire interest in those rights belong to the surviving
children of the deceased personality and to the surviving children of
any dead child of the deceased personality unless the deceased
personality has a surviving spouse, in which case the ownership of a
one-half interest in rights is divided among the surviving children
and grandchildren.
(3) If there is no surviving spouse, and no surviving children or
grandchildren, then the entire interest in those rights belong to the
surviving parent or parents of the deceased personality.
(4) The rights of the deceased personality's children and
grandchildren are in all cases divided among them and exercisable in
the manner provided in Section 240 of the Probate Code according to
the number of the deceased personality's children represented. The
share of the children of a dead child of a deceased personality can
be exercised only by the action of a majority of them.
(e) If any deceased personality does not transfer his or her
rights under this section by contract, or by means of a trust or
testamentary instrument, and there are no surviving persons as
described in subdivision (d), then the rights set forth in
subdivision (a) shall terminate.
(f) (1) A successor in interest to the rights of a deceased
personality under this section or a licensee thereof may not recover
damages for a use prohibited by this section that occurs before the
successor in interest or licensee registers a claim of the rights
under paragraph (2).
(2) Any person claiming to be a successor in interest to the
rights of a deceased personality under this section or a licensee
thereof may register that claim with the Secretary of State on a form
prescribed by the Secretary of State and upon payment of a fee as
set forth in subdivision (d) of Section 12195 of the Government Code.
The form shall be verified and shall include the name and date of
death of the deceased personality, the name and address of the
claimant, the basis of the claim, and the rights claimed.
(3) Upon receipt and after filing of any document under this
section, the Secretary of State shall post the document along with
the entire registry of persons claiming to be a successor in interest
to the rights of a deceased personality or a registered licensee
under this section upon the Secretary of State's Internet Web site.
The Secretary of State may microfilm or reproduce by other techniques
any of the filings or documents and destroy the original filing or
document. The microfilm or other reproduction of any document under
the provisions of this section shall be admissible in any court of
law. The microfilm or other reproduction of any document may be
destroyed by the Secretary of State 70 years after the death of the
personality named therein.
(4) Claims registered under this subdivision shall be public
records.
(g) An action shall not be brought under this section by reason of
any use of a deceased personality's name, voice, signature,
photograph, or likeness occurring after the expiration of 70 years
after the death of the deceased personality.
(h) As used in this section, "deceased personality" means any
natural person whose name, voice, signature, photograph, or likeness
has commercial value at the time of his or her death, or because of
his or her death, whether or not during the lifetime of that natural
person the person used his or her name, voice, signature, photograph,
or likeness on or in products, merchandise, or goods, or for
purposes of advertising or selling, or solicitation of purchase of,
products, merchandise, goods, or services. A "deceased personality"
shall include, without limitation, any such natural person who has
died within 70 years prior to January 1, 1985.
(i) As used in this section, "photograph" means any photograph or
photographic reproduction, still or moving, or any videotape or live
television transmission, of any person, such that the deceased
personality is readily identifiable. A deceased personality shall be
deemed to be readily identifiable from a photograph if one who views
the photograph with the naked eye can reasonably determine who the
person depicted in the photograph is.
(j) For purposes of this section, the use of a name, voice,
signature, photograph, or likeness in connection with any news,
public affairs, or sports broadcast or account, or any political
campaign, shall not constitute a use for which consent is required
under subdivision (a).
(k) The use of a name, voice, signature, photograph, or likeness
in a commercial medium shall not constitute a use for which consent
is required under subdivision (a) solely because the material
containing the use is commercially sponsored or contains paid
advertising. Rather, it shall be a question of fact whether or not
the use of the deceased personality's name, voice, signature,
photograph, or likeness was so directly connected with the commercial
sponsorship or with the paid advertising as to constitute a use for
which consent is required under subdivision (a).
(l) Nothing in this section shall apply to the owners or employees
of any medium used for advertising, including, but not limited to,
newspapers, magazines, radio and television networks and stations,
cable television systems, billboards, and transit advertisements, by
whom any advertisement or solicitation in violation of this section
is published or disseminated, unless it is established that the
owners or employees had knowledge of the unauthorized use of the
deceased personality's name, voice, signature, photograph, or
likeness as prohibited by this section.
(m) The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
(n) This section shall apply to the adjudication of liability and
the imposition of any damages or other remedies in cases in which the
liability, damages, and other remedies arise from acts occurring
directly in this state. For purposes of this section, acts giving
rise to liability shall be limited to the use, on or in products,
merchandise, goods, or services, or the advertising or selling, or
soliciting purchases of, products, merchandise, goods, or services
prohibited by this section.
(o) Notwithstanding any provision of this section to the contrary,
if an action was taken prior to May 1, 2007, to exercise rights
recognized under this section relating to a deceased personality who
died prior to January 1, 1985, by a person described in subdivision
(d), other than a person who was disinherited by the deceased
personality in a testamentary instrument, and the exercise of those
rights was not challenged successfully in a court action by a person
described in subdivision (b), that exercise shall not be affected by
subdivision (b). In that case, the rights that would otherwise vest
in one or more persons described in subdivision (b) shall vest solely
in the person or persons described in subdivision (d), other than a
person disinherited by the deceased personality in a testamentary
instrument, for all future purposes.
(p) The rights recognized by this section are expressly made
retroactive, including to those deceased personalities who died
before January 1, 1985.
3344.5. (a) Any person whose signature is used in violation of, and
any candidate for elective office whose election or defeat is
expressly advocated in any campaign advertisement that violates,
subdivision (b) of Section 115.1 of the Penal Code, shall have a
civil cause of action against any person committing the violation.
(b) If a mass mailing or other printed matter that violates
subdivision (b) of Section 115.1 of the Penal Code expressly
advocates the election or defeat of more than one candidate only a
person whose signature is used and the candidate or candidates to
whom the unauthorized signature directly relates shall have a civil
cause of action pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section
may recover damages in an amount of two times the cost of the
communication, but not to exceed fifty thousand dollars ($50,000),
with regard to which the unauthorized signature was used.
(d) As used in this section, "signature" means either of the
following:
(1) A handwritten or mechanical signature, or a copy thereof.
(2) Any representation of a person's name, including, but not
limited to, a printed or typewritten representation, that serves the
same purpose as a handwritten or mechanical signature.
3344.6. (a) Any candidate for elective office whose election or
defeat is expressly advocated in any campaign advertisement which
violates subdivision (a) of Section 115.2 of the Penal Code shall
have a civil cause of action against any person committing the
violation.
(b) If a mass mailing or other printed matter which violates
subdivision (a) of Section 115.2 of the Penal Code expressly
advocates the election or defeat of more than one candidate, only the
candidate or candidates to whom the misstatement or
misrepresentation directly relates shall have a civil cause of action
pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section
may recover damages in an amount of two times the cost of the
communication, but not to exceed fifty thousand dollars ($50,000).
3345. (a) This section shall apply only in actions brought by, on
behalf of, or for the benefit of senior citizens or disabled persons,
as those terms are defined in subdivisions (f) and (g) of Section
1761, to redress unfair or deceptive acts or practices or unfair
methods of competition.
(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 all of the
following factors, 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 following
factors, 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 his or
her conduct was directed to one or more senior citizens or disabled
persons.
(2) Whether the defendant's conduct caused one or more senior
citizens or disabled persons 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 or disabled person.
(3) Whether one or more senior citizens or disabled persons 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.
3346. (a) For wrongful injuries to timber, trees, or underwood upon
the land of another, or removal thereof, the measure of damages is
three times such sum as would compensate for the actual detriment,
except that where the trespass was casual or involuntary, or that the
defendant in any action brought under this section had probable
cause to believe that the land on which the trespass was committed
was his own or the land of the person in whose service or by whose
direction the act was done, the measure of damages shall be twice the
sum as would compensate for the actual detriment, and excepting
further that where the wood was taken by the authority of highway
officers for the purpose of repairing a public highway or bridge upon
the land or adjoining it, in which case judgment shall only be given
in a sum equal to the actual detriment.
(b) The measure of damages to be assessed against a defendant for
any trespass committed while acting in reliance upon a survey of
boundary lines which improperly fixes the location of a boundary
line, shall be the actual detriment incurred if both of the following
conditions exist:
(1) The trespass was committed by a defendant who either himself
procured, or whose principal, lessor, or immediate predecessor in
title procured the survey to be made; and
(2) The survey was made by a person licensed under the laws of
this State to practice land surveying.
(c) Any action for the damages specified by subdivisions (a) and
(b) of this section must be commenced within five years from the date
of the trespass.
