Opportunity to Cure: SB 456 (2005)
Provided that no action may be brought until the consumer
Provided that no action may be brought until the consumer has informed the seller or lessor in writing and by certified mail of the alleged violation and provided the seller or lessor 20 days from receipt of the notice of violation to make a cure offer. The consumer shall have 10 days from receipt of the cure offer to accept the cure offer or it is deemed refused and withdrawn. If a cure offer is accepted, the seller or lessor shall have 10 days to begin effectuating the agreed upon cure and such must be completed within a reasonable time. Any applicable statute of limitations shall be tolled for the 20-day period or for the period of time the effectuation of the cure offer is being performed, whichever is longer. Nothing in this section shall be construed to prevent a consumer that has accepted a cure offer from bringing a civil action against a seller or lessor for failing to timely effect such cure offer. Where an action is brought, it shall be a complete defense that a cure offer was made, accepted and the agreed upon cure was performed. If the finder of fact determines that the cure offer was accepted and the agreed upon cure performed, the seller or lessor shall be entitled to reasonable attorney’s fees and costs attendant to defending the action. No cure offer shall be admissible in any proceeding unless the cure offer is delivered by a seller or lessor to the person claiming loss or to any attorney representing such person prior to the filing of the seller or lessee’s initial responsive pleading in such proceeding. If the cure offer is timely delivered by the seller or lessor, then the seller or lessee may introduce the cure offer into evidence at trial. The seller or lessor shall not be liable for such person’s attorney’s fees and court costs incurred following delivery of the cure offer unless the actual damages found to have been sustained and awarded, without consideration of attorney’s fees and court costs, exceed the value of the cure offer.
Latest News
View all news
Monsanto’s triumph over junk science
Defense attorneys turn the tables by exposing massive conflicts of interest
The nation’s oldest attorney general organization is broken — here is how to fix it
This op-ed was originally published by the Washington Examiner. When the National Association of Attorneys General was founded in 1907, its goal was to support the top law enforcement officer […]
When Plaintiffs’ Attorneys Mislead the Public
Massive television ad buys and public relations campaigns that peddle misinformation taint public’s preconceptions, while judges fail to restrict falsehoods in their courtrooms.
$34M+ Spent on Lawyer Ads in Top California Media Markets So Far In 2022
New study shows Roundup, talc and paraquat top ad targets in Los Angeles, San Francisco and Sacramento
State AGs Call on National Org to Return Funds to States
The National Association of Attorneys General sits on $280M in assets
Third Circuit Can Uphold Reasonable Use of ‘Texas-Two-Step’ Law
This op-ed was originally published by Real Clear Policy. Historically, courts have respected the view that filing for bankruptcy is a well-recognized way for a business to respond when the […]