Is a violator's good faith belief in the legality of his actions a defense to the imposition of civil penalties?
California, United States of America
The following excerpt is from 11 Lagunita, LLC v. Cal. Coastal Comm'n, 273 Cal.Rptr.3d 158, 58 Cal.App.5th 904 (Cal. App. 2020):
"It has been held that a violator's good faith belief in the legality of his actions presented a defense to the imposition of civil penalties if such belief is found to have been reasonably entertained. " ( Whaler's Village Club v. California Coastal Com. (1985) 173 Cal.App.3d 240, 263, 220 Cal.Rptr. 2.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does a statutory violation of Section 10 of the Civil Code of Civil Procedure constitute a violation of due process and a failure to render effective assistance of counsel? (California, United States of America)
What is the difference between a personal and official capacity civil action and a civil action for deprivation of federal rights? (California, United States of America)
In a personal injury action, does defendant have a right to appeal against the imposition of a non-penal penalty for failing to pay the penalty? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
Is a good faith mistake of law a defense in a civil action? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
What is the test for a civil action under Section 1983 of the Civil Code of Civil Procedure? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Does a plaintiff have abandoned all causes of action for violation of Civil Code section 2923.5 or breach of the implied covenant of good faith and fair dealing? (California, United States of America)
