Section 409.1 Of Chapter 7.5. Protections From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.5.
409.1
. (a) Where any life insurance policy on the life of a service
member in military service has been assigned prior to that person's
period of military service to secure the payment of any obligation of
the person, no assignee of the policy, except the insurer in
connection with a policy loan, shall, during the period of military
service of the insured or within one year thereafter, except upon the
consent in writing of the insured made during that period or when
the premiums thereon are due and unpaid or upon the death of the
insured, exercise any right or option by virtue of that assignment
unless upon leave of court granted upon an application made therefor
by the assignee. The court may thereupon refuse to grant that leave
unless in the opinion of the court the ability of the obligor to
comply with the terms of the obligation is not materially affected by
reason of his or her military service.
(b) No person shall exercise any right to foreclose or enforce any
lien for storage of household goods, furniture, or personal effects
of a service member during that person's period of military service
and for three months thereafter, except upon an order previously
granted by a court upon application therefor and a return thereto
made and approved by the court. In that proceeding the court may,
after hearing, in its discretion on its own motion, and shall, on
petition to it by a service member or some person on his or her
behalf, unless in the opinion of the court the ability of the
defendant to pay the storage charges due is not materially affected
by reason of his or her military service, do either of the following:
(1) Stay the proceedings as provided in this chapter.
(2) Make that other disposition of the case as may be equitable to
conserve the interest of all parties. This section shall not be
construed in any way as affecting or as limiting the scope of Section
408.
(c) Any person violating this section shall be liable for actual
damages, reasonable attorney's fees, and costs incurred by the
injured party.
(d) A person violating any provision of this section 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.