California Civil Code

§ 1798.93

CIV § 1798.93 Effective Jan 1, 2022Div. 3 · Title 1.81.3 · Part 4

Statute text

(a)A person may bring an action against a claimant to establish that the person is a victim of identity theft in connection with the claimant’s claim against that person. If the claimant has brought an action to recover on its claim against the person, the person may file a cross-complaint to establish that the person is a victim of identity theft in connection with the claimant’s claim.

(b)A person shall establish that they are a victim of identity theft by a preponderance of the evidence.

(c)A person who proves that they are a victim of identity theft, as defined in Section 530.5 of the Penal Code, as to a particular claim, shall be entitled to a judgment providing all of the following, as appropriate:

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Legislative history

Amended by Stats. 2021, Ch. 265, Sec. 4. (AB 430) Effective January 1, 2022.