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Selling Short Quantity: Business & Professions Code Section 12024 BPC

Consumers in California have strong legal protection from both fraudulent and deceptive business practices whether they shop at a store or purchase an item from an individual due to the efforts of the state legislature.

The California Business and Professions Code Section 12024 BPC makes it illegal to sell any good or commodity in a smaller unit than what is represented to be for sale. The rules does not solely apply to businesses. Individuals can be charged with this misdemeanor offense as well if they are found guilty of violating the state statue.

In order to convict a business or individual of selling an item or commodity in what is known as a short quantity, prosecuting attorneys have to prove the following in order to get a guilty verdict: That the person accused of the short sell did by himself or herself or through for another, sold an item or commodity in less quantity than was represented.

Here is an example of a short sell: An individual who owns a sandwich shop also sells a variety of meats per pound to his customers. In order to make more money when he sells the meat, the man adjusts the weight of the scale he uses to weigh the meat so that it registers an additional three ounces more than what the meat actually weighs. The advantage to the sandwich shop owner is he is making a greater profit on each order of meat he sells.

One day, a California Department of Weights and Measures inspector visits the shop and uncovers the scale that had been adjusted. The sandwich shop owner could face charges that he violated California Business and Professions Code Section 12024 BPC for selling a short quantity. He could also face misdemeanor charges if the act was willful or if the monetary value of the short sale was greater than $2.

Or here is another example of selling short: A busy doughnut shop owner is short-staffed one day and is busy filling orders by herself. Because she is so busy, she inadvertently gives several customers 11 donuts instead of 12. In this case, the shop owner would not be guilty of a misdemeanor violation because she did not cause the shortage on purpose and its monetary value was not greater than $2. She could, though, be cited for violating Business and Professions Code Section 12024 as an infraction.

In order to be found guilty of violating the statute, the individual being charged actions must be both willful and intentional. If the shortage occurred as the result of an accident or negligence and if the monetary value of the shortage was less than $2, only an infraction would result. Charges can also be levied if shortages of prepackaged items or goods offered for sale are determined based on the average discrepancy in each individual lot, which is determined from a sample of packages that are selected from all lots that have found to be in violation of Business and Professions Code Section 12024 and exceed $10.

Those who are found guilty of violating Business and Professions Code Section 12024 face up to one year in prison and a fine of up to $1,000. An infraction carries with it a fine of $100.

There are other California state statutes that are similar to to 12024 BPC. They include a misrepresentation of charge for a service; inaccurate pricing; and petty theft.

Those charged with a violation of Business and Professions Code Section 12024 can find not only the reputation of their business tarnished in jeopardy, but themselves facing both fines and a jail sentence.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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