California, United States of America
The following excerpt is from Kwan v. Mercedes-Benz of North America, Inc., 23 Cal.App.4th 174, 28 Cal.Rptr.2d 371 (Cal. App. 1994):
The trial court gave the Penal Code instruction in reliance on Ibrahim v. Ford Motor Co. (1989) 214 Cal.App.3d 878, 263 Cal.Rptr. 64, a case construing various portions of the Act, including the civil penalty provision. After concluding the judgment for the defendant had to be reversed because of unrelated instructional error, the Ibrahim court turned to the civil penalty issue. It criticized the definitional instruction given, which referred to the act being "blameworthy" and done "in reckless disregard" of the consumer's rights, as injecting an improper moral component into the willfulness question. (Id. at pp. 893-894, 263 Cal.Rptr. 64.)
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