Section 407 Of Chapter 7.5. Protections From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.5.
407
. (a) No person who has received, or whose assignor has
received, under a contract for the purchase of real or personal
property, a deposit or installment of the purchase price, or a
deposit or installment under the contract, from a person or from the
assigner of a person who, after the date of payment of the deposit or
installment, has entered military service, shall exercise any right
or option under that contract to rescind or terminate the contract or
resume possession of the property for nonpayment of any installment
due or for any other breach of its terms occurring prior to or during
the period of that military service, except by action in a court of
competent jurisdiction.
(b) Upon the hearing of that action as provided in subdivision
(a), the court may order the repayment of prior installments or
deposits or any part, as a condition of terminating the contract and
resuming possession of the property, or may, in its discretion, on
its own motion, and shall, on application to it by the service member
or some person on the service member's behalf, order a stay of
proceedings as the court deems just, unless in the opinion of the
court, the ability of the defendant to comply with the terms of the
contract is not materially affected by reason of the service; or it
may make any other disposition of the case as may be equitable to
conserve the interests of all parties.
(c) Any person violating this section shall be liable for actual
damages, reasonable attorney's fees, and costs incurred by the
injured party.
(d) Any person who shall knowingly resume possession of property
that is the subject of this section in a manner other than as
provided in subdivision (a), or attempts to do so, is guilty of a
misdemeanor, and shall be punishable by imprisonment not to exceed
one year or by a fine not to exceed one thousand dollars ($1,000), or
both.