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California Civil Code Section 893

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 893

(a) It is an affirmative defense for a natural person who is a
defendant in a civil action brought under Section 891, or a criminal
action brought under Section 892, if all of the following occurred:

   (1) The defendant used the rental revenue due but not paid to
holders of mortgages or deeds of trust to make payments to any of the
following:
   (A) Health care providers, as defined in paragraph (2) of
subdivision (c) of  Section 6146 of the Business and Professions
Code, for the unforeseen and necessary medical treatment of the
defendant or his or her spouse, parents, or children.
   (B) Licensed contractors or material suppliers to correct the
violation of any statute, ordinance, or regulation relating to the
habitability of the premises.
   (2) The defendant made the payments within 30 days of receiving
the rental revenue.
   (3) The defendant had no other source of funds from which to make
the payments.
   (b) The defendant has the burden of producing evidence of each
element of the defense specified in subdivision (a) in a criminal
action under Section 892 and the burden of proof of each element of
the defense in a civil action under Section 891.

Last modified: January 12, 2009