Statute · California Civil Code

Cal. Civ. Code § 3426.3 — UNIFORM TRADE SECRETS ACT

Cal. Civ. Code § 3426.3

Type
Statute
Source
California Civil Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) A complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.

Citator

Cal. Civ. Code § 3426.3 — UNIFORM TRADE SECRETS ACT is in force in the current edition of the Code, and nothing recorded condemns it.

(a) A complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.

(b) If neither damages nor unjust enrichment caused by misappropriation are provable, the court may order payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.

(c) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subdivision (a) or (b).