Mughrabi

In this appeal, we are called upon to decide whether the treble damages provision in Civil Code section 1719 is manda tory or discretionary. For reasons discussed below, we conclude it is mandatory.

Wajeeh Mughrabi owns and operates a small store in Santa Ana known as W.M. Market. During February 1984, 35 payroll checks issued by respondents were cashed at the market. Twenty-eight checks were endorsed by respondent Suzuki. One of these checks bore the handwritten name “Suzuki Landscaping.” The remaining 27 checks contained a stamped name, “Suzuki Landscaping Ent., Inc.” Respondent Kazuhiko Hashiba endorsed seven checks which were printed business checks bearing the name “Suzuki Landscaping Enterprises, Inc.” in the upper left-hand corner.

All 35 checks were returned by the bank. One was stamped “Refer to Maker,” and the remaining checks were stamped “Account Closed.” Mughrabi sent demand letters to respondents, but no payment was made. On February 29, 1984, Suzuki Landscaping Enterprises, Inc., filed a Chapter 11 Bankruptcy petition.

Mughrabi filed a complaint in which he sought to recover the principal amount of the checks plus the statutory penalties provided in…