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- California Civil Code Section 1
This Act shall be known as THE CIVIL CODE OF THE STATE OF CALIFORNIA, and is in Four Divisions, as follows: I.--THE FIRST RELATING TO...
- California Civil Code Section 2
This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three.
- California Civil Code Section 3
No part of it is retroactive, unless expressly so declared.
- California Civil Code Section 4
The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes...
- California Civil Code Section 5
The provisions of this Code, so far as they are substantially the same as existing statutes or the common law, must be construed as continuations...
- California Civil Code Section 6
No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions.
- California Civil Code Section 7
Holidays within the meaning of this code are every Sunday and such other days as are specified or provided for as holidays in the Government...
- California Civil Code Section 7.1
Optional bank holidays within the meaning of Section 9 are: (a) Any closing of a bank because of an extraordinary situation, as that term is...
- California Civil Code Section 9
All other days than those mentioned in Section 7 are business days for all purposes; provided, that as to any act appointed by law or...
- California Civil Code Section 10
The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless...
- California Civil Code Section 11
Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon...
- California Civil Code Section 12
Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them,...
- California Civil Code Section 13
Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as...
- California Civil Code Section 14
Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the...
- California Civil Code Section 17
Wherever any notice or other communication is required by this code to be mailed by registered mail, the mailing of such notice or other communication...
- California Civil Code Section 18
Notice is: 1. Actual--which consists in express information of a fact; or, 2. Constructive--which is imputed by law. (19.) Section Nineteen. Every person who has...
- California Civil Code Section 20
No statute, law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject; but in...
- California Civil Code Section 21
This Act, whenever cited, enumerated, referred to, or amended, may be designated simply as "THE CIVIL CODE," adding, when necessary, the number of the section.
- California Civil Code Section 22
Law is a solemn expression of the will of the supreme power of the State.
- California Civil Code Section 22.1
The will of the supreme power is expressed: (a) By the Constitution. (b) By statutes.
- California Civil Code Section 22.2
The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution...
- California Civil Code Section 23
With relation to the laws passed at the 1872 Session of the Legislature, the Political Code, Civil Code, Code of Civil Procedure, and Penal Code,...
- California Civil Code Section 23.1
The provisions of any law passed at the 1872 Session of the Legislature which contravene or are inconsistent with the provisions of any of the...
- California Civil Code Section 23.2
With relation to each other, the provisions of the four codes shall be construed as though all such codes had been passed at the same...
- California Civil Code Section 23.3
If the provisions of any title conflict with or contravene the provisions of another title, the provisions of each title shall prevail as to all...
- California Civil Code Section 23.4
If the provisions of any chapter conflict with or contravene the provisions of another chapter of the same title, the provisions of each chapter shall...
- California Civil Code Section 23.5
If the provisions of any article conflict with or contravene the provisions of another article of the same chapter, the provisions of each article shall...
- California Civil Code Section 23.6
If conflicting provisions are found in different sections of the same chapter or article, the provisions of the sections last in numerical order shall prevail,...
- California Civil Code Section 38
A person entirely without understanding has no power to make a contract of any kind, but the person is liable for the reasonable value of...
- California Civil Code Section 39
(a) A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before the incapacity of the person has...
- California Civil Code Section 40
(a) Subject to Section 1871 of the Probate Code, and subject to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and...
- California Civil Code Section 41
A person of unsound mind, of whatever degree, is civilly liable for a wrong done by the person, but is not liable in exemplary damages...
- California Civil Code Section 43
Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right...
- California Civil Code Section 43.1
A child conceived, but not yet born, is deemed an existing person, so far as necessary for the child's interests in the event of the...
- California Civil Code Section 43.3
Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of...
- California Civil Code Section 43.4
A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.
- California Civil Code Section 43.5
No cause of action arises for: (a) Alienation of affection. (b) Criminal conversation. (c) Seduction of a person over the age of legal consent. (d)...
- California Civil Code Section 43.55
(a) There shall be no liability on the part of, and no cause of action shall arise against, any peace officer who makes an arrest...
- California Civil Code Section 43.56
No cause of action arises against a foster parent for alienation of affection of a foster child.
- California Civil Code Section 43.6
(a) No cause of action arises against a parent of a child based upon the claim that the child should not have been conceived or,...
- California Civil Code Section 43.7
(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a...
- California Civil Code Section 43.8
(a) In addition to the privilege afforded by Section 47, there shall be no monetary liability on the part of, and no cause of action...
- California Civil Code Section 43.9
(a) There shall be no liability on the part of, and no cause of action shall accrue against, any health care provider for professional negligence...
- California Civil Code Section 43.91
(a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any member of a duly appointed...
- California Civil Code Section 43.92
(a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is a psychotherapist...
- California Civil Code Section 43.93
(a) For the purposes of this section the following definitions are applicable: (1) "Psychotherapy" means the professional treatment, assessment, or counseling of a mental or...
- California Civil Code Section 43.95
(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any professional society or...
- California Civil Code Section 43.96
(a) Any medical or podiatric society, health facility licensed or certified under Division 2 (commencing with Section 1200) of the Health and Safety Code, state...
- California Civil Code Section 43.97
There shall be no monetary liability on the part of, and no cause of action for damages, other than economic or pecuniary damages, shall arise...
- California Civil Code Section 43.98
(a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any consultant on account of any...
- California Civil Code Section 43.99
(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person or other...
- California Civil Code Section 44
Defamation is effected by either of the following: (a) Libel. (b) Slander.
- California Civil Code Section 45
Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred,...
- California Civil Code Section 45a
A libel which is defamatory of the plaintiff without the necessity of explanatory matter, such as an inducement, innuendo or other extrinsic fact, is said...
- California Civil Code Section 46
Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which: 1. Charges any person...
- California Civil Code Section 47
A privileged publication or broadcast is one made: (a) In the proper discharge of an official duty. (b) In any (1) legislative proceeding, (2) judicial...
- California Civil Code Section 47.5
Notwithstanding Section 47, a peace officer may bring an action for defamation against an individual who has filed a complaint with that officer's employing agency...
- California Civil Code Section 48
In the case provided for in subdivision (c) of Section 47, malice is not inferred from the communication.
- California Civil Code Section 1
In any action for damages for the publication of a libel in a newspaper, or of a slander by radio broadcast, plaintiff shall recover no...
- California Civil Code Section 48.5
(1) The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any...
- California Civil Code Section 48.7
(a) No person charged by indictment, information, or other accusatory pleading of child abuse may bring a civil libel or slander action against the minor,...
- California Civil Code Section 48.8
(a) A communication by any person to a school principal, or a communication by a student attending the school to the student's teacher or to...
- California Civil Code Section 48.9
(a) An organization which sponsors or conducts an anonymous witness program, and its employees and agents, shall not be liable in a civil action for...
- California Civil Code Section 49
The rights of personal relations forbid: (a) The abduction or enticement of a child from a parent, or from a guardian entitled to its custody;...
- California Civil Code Section 51
(a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. (b) All persons within the jurisdiction of this state...
- California Civil Code Section 51.1
If a violation of Section 51, 51.5, 51.7, 51.9, or 52.1 is alleged or the application or construction of any of these sections is in...
- California Civil Code Section 51.2
(a) Section 51 shall be construed to prohibit a business establishment from discriminating in the sale or rental of housing based upon age. Where accommodations...
- California Civil Code Section 51.3
(a) The Legislature finds and declares that this section is essential to establish and preserve specially designed accessible housing for senior citizens. There are senior...
- California Civil Code Section 51.4
(a) The Legislature finds and declares that the requirements for senior housing under Sections 51.2 and 51.3 are more stringent than the requirements for that...
- California Civil Code Section 51.5
(a) No business establishment of any kind whatsoever shall discriminate against, boycott or blacklist, or refuse to buy from, contract with, sell to, or trade...
- California Civil Code Section 51.6
(a) This section shall be known, and may be cited, as the Gender Tax Repeal Act of 1995. (b) No business establishment of any kind...
- California Civil Code Section 51.7
(a) All persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed...
- California Civil Code Section 51.8
(a) No franchisor shall discriminate in the granting of franchises solely on account of any characteristic listed or defined in subdivision (b) or (e) of...
- California Civil Code Section 51.9
(a) A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements:...
- California Civil Code Section 51.10
(a) Section 51 shall be construed to prohibit a business establishment from discriminating in the sale or rental of housing based upon age. A business...
- California Civil Code Section 51.11
(a) The Legislature finds and declares that this section is essential to establish and preserve housing for senior citizens. There are senior citizens who need...
- California Civil Code Section 51.12
(a) The Legislature finds and declares that the requirements for senior housing under Sections 51.10 and 51.11 are more stringent than the requirements for that...
- California Civil Code Section 52
(a) Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each...
- California Civil Code Section 52.1
(a) If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by...
- California Civil Code Section 52.2
An action pursuant to Section 52 or 54.3 may be brought in any court of competent jurisdiction. A "court of competent jurisdiction" shall include small...
- California Civil Code Section 52.3
(a) No governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall engage in a pattern or...
- California Civil Code Section 52.4
(a) Any person who has been subjected to gender violence may bring a civil action for damages against any responsible party. The plaintiff may seek...
- California Civil Code Section 52.5
(a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action for actual damages, compensatory damages,...
- California Civil Code Section 52.7
(a) Except as provided in subdivision (g), a person shall not require, coerce, or compel any other individual to undergo the subcutaneous implanting of an...
- California Civil Code Section 53
(a) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that...
- California Civil Code Section 54
(a) Individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways,...
- California Civil Code Section 54.1
(a) (1) Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to accommodations, advantages, facilities, medical...
- California Civil Code Section 54.2
(a) Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the...
- California Civil Code Section 54.25
(a) (1) A peace officer or firefighter assigned to a canine unit assigned to duty away from his or her home jurisdiction because of a...
- California Civil Code Section 54.3
(a) Any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in Sections...
- California Civil Code Section 54.4
A blind or otherwise visually impaired pedestrian shall have all of the rights and privileges conferred by law upon other persons in any of the...
- California Civil Code Section 54.5
Each year, the Governor shall publicly proclaim October 15 as White Cane Safety Day. He or she shall issue a proclamation in which: (a) Comments...
- California Civil Code Section 54.6
As used in this part, "visually impaired" includes blindness and means having central visual acuity not to exceed 20/200 in the better eye, with corrected...
- California Civil Code Section 54.7
(a) Notwithstanding any other provision of law, the provisions of this part shall not be construed to require zoos or wild animal parks to allow...
- California Civil Code Section 54.8
(a) In any civil or criminal proceeding, including, but not limited to, traffic, small claims court, family court proceedings and services, and juvenile court proceedings,...
- California Civil Code Section 54.9
(a) On and after January 1, 2009, a manufacturer or distributor of touch-screen devices used for the purpose of self-service check-in at a hotel or...
- California Civil Code Section 55
Any person who is aggrieved or potentially aggrieved by a violation of Section 54 or 54.1 of this code, Chapter 7 (commencing with Section 4450)...
- California Civil Code Section 55.1
In addition to any remedies available under the federal Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sec. 12102), or other provisions...
- California Civil Code Section 55.2
If a violation of Section 54, 54.1, 54.2, or 54.3 is alleged or the application or construction of any of these sections is in issue...
- California Civil Code Section 55.3
(a) For purposes of this section, the following shall apply: (1) "Complaint" means a civil complaint that is filed or is to be filed with...
- California Civil Code Section 55.51
This part shall be known, and may be cited, as the Construction-Related Accessibility Standards Compliance Act. Notwithstanding any other provision of law, the provisions of...
- California Civil Code Section 55.52
(a) For purposes of this part, the following definitions apply: (1) "Construction-related accessibility claim" means any civil claim in a civil action with respect to...
- California Civil Code Section 55.53
(a) For purposes of this part, a certified access specialist shall, upon completion of the inspection of a site, comply with the following: (1) For...
- California Civil Code Section 55.54
(a) (1) An attorney who causes a summons and complaint to be served in an action that includes a construction-related accessibility claim, including, but not...
- California Civil Code Section 55.55
Notwithstanding subdivision (f) of Section 55.54, in determining an award of reasonable attorney's fees and recoverable costs with respect to any construction-related accessibility claim, the...
- California Civil Code Section 55.56
(a) Statutory damages under either subdivision (a) of Section 52 or subdivision (a) of Section 54.3 may be recovered in a construction-related accessibility claim against...
- California Civil Code Section 55.57
(a) This part shall apply only to claims filed on or after January 1, 2009. Nothing in this part is intended to affect litigation filed...
- California Civil Code Section 56
This part may be cited as the Confidentiality of Medical Information Act.
- California Civil Code Section 56.05
For purposes of this part: (a) "Authorization" means permission granted in accordance with Section 56.11 or 56.21 for the disclosure of medical information. (b) "Authorized...
- California Civil Code Section 56.06
(a) Any business organized for the purpose of maintaining medical information in order to make the information available to an individual or to a provider...
- California Civil Code Section 56.07
(a) Except as provided in subdivision (c), upon the patient' s written request, any corporation described in Section 56.06, or any other entity that compiles...
- California Civil Code Section 56.10
(a) No provider of health care, health care service plan, or contractor shall disclose medical information regarding a patient of the provider of health care...
- California Civil Code Section 56.1007
(a) A provider of health care, health care service plan, or contractor may, in accordance with subdivision (c) or (d), disclose to a family member,...
- California Civil Code Section 56.101
Every provider of health care, health care service plan, pharmaceutical company, or contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of medical records...
- California Civil Code Section 56.102
(a) A pharmaceutical company may not require a patient, as a condition of receiving pharmaceuticals, medications, or prescription drugs, to sign an authorization, release, consent,...
- California Civil Code Section 56.103
(a) A provider of health care may disclose medical information to a county social worker, a probation officer, or any other person who is legally...
- California Civil Code Section 56.104
(a) Notwithstanding subdivision (c) of Section 56.10, except as authorized in paragraph (1) of subdivision (c) of Section 56.10, no provider of health care, health...
- California Civil Code Section 56.105
Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a...
- California Civil Code Section 56.11
Any person or entity that wishes to obtain medical information pursuant to subdivision (a) of Section 56.10, other than a person or entity authorized to...
- California Civil Code Section 56.12
Upon demand by the patient or the person who signed an authorization, a provider of health care, health care service plan, pharmaceutical company, or contractor...
- California Civil Code Section 56.13
A recipient of medical information pursuant to an authorization as provided by this chapter or pursuant to the provisions of subdivision (c) of Section 56.10...
- California Civil Code Section 56.14
A provider of health care, health care service plan, or contractor that discloses medical information pursuant to the authorizations required by this chapter shall communicate...
- California Civil Code Section 56.15
Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.11 from cancelling...
- California Civil Code Section 56.16
For disclosures not addressed by Section 56.1007, unless there is a specific written request by the patient to the contrary, nothing in this part shall...
- California Civil Code Section 56.17
(a) This section shall apply to the disclosure of genetic test results contained in an applicant's or enrollee's medical records by a health care service...
- California Civil Code Section 56.20
(a) Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from unauthorized use and disclosure of that information....
- California Civil Code Section 56.21
An authorization for an employer to disclose medical information shall be valid if it complies with all of the following: (a) Is handwritten by the...
- California Civil Code Section 56.22
Upon demand by the patient or the person who signed an authorization, an employer possessing the authorization shall furnish a true copy thereof.
- California Civil Code Section 56.23
An employer that discloses medical information pursuant to an authorization required by this chapter shall communicate to the person or entity to which it discloses...
- California Civil Code Section 56.24
Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.21 from cancelling...
- California Civil Code Section 56.245
A recipient of medical information pursuant to an authorization as provided by this chapter may not further disclose such medical information unless in accordance with...
- California Civil Code Section 56.25
(a) An employer that is a provider of health care shall not be deemed to have violated Section 56.20 by disclosing, in accordance with Chapter...
- California Civil Code Section 56.26
(a) No person or entity engaged in the business of furnishing administrative services to programs that provide payment for health care services shall knowingly use,...
- California Civil Code Section 56.265
A person or entity that underwrites or sells annuity contracts or contracts insuring, guaranteeing, or indemnifying against loss, harm, damage, illness, disability, or death, and...
- California Civil Code Section 56.27
An employer that is an insurance institution, insurance agent, or insurance support organization subject to the Insurance Information and Privacy Protection Act, Article 6.6 (commencing...
- California Civil Code Section 56.28
Nothing in this part shall be deemed to affect existing laws relating to a patient's right of access to his or her own medical information,...
- California Civil Code Section 56.29
(a) Nothing in Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 shall be construed to permit the acquisition...
- California Civil Code Section 56.30
The disclosure and use of the following medical information shall not be subject to the limitations of this part: (a) (Mental health and developmental disabilities)...
- California Civil Code Section 56.31
Notwithstanding any other provision of law, nothing in subdivision (f) of Section 56.30 shall permit the disclosure or use of medical information regarding whether a...
- California Civil Code Section 56.35
In addition to any other remedies available at law, a patient whose medical information has been used or disclosed in violation of Section 56.10 or...
- California Civil Code Section 56.36
(a) Any violation of the provisions of this part that results in economic loss or personal injury to a patient is punishable as a misdemeanor....
- California Civil Code Section 56.37
(a) No provider of health care, health care service plan, or contractor may require a patient, as a condition of receiving health care services, to...
- California Civil Code Section 80
This part may be cited as the California Fair Dealership Law.
- California Civil Code Section 81
As used in this part: (a) "Person" means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. (b) "Dealership" means a...
- California Civil Code Section 82
This part shall be liberally construed and applied to promote its underlying purposes and policies, which are as follows: (a) The prohibition of discrimination based...
- California Civil Code Section 83
On or after January 1, 1981, no grantor, directly or indirectly, shall refuse to grant a dealership to any person because of any characteristic listed...
- California Civil Code Section 84
On or after January 1, 1981, no grantor, directly or indirectly, may terminate, cancel, or refuse to renew a dealership agreement with a dealer because...
- California Civil Code Section 85
On or after January 1, 1981, no grantor or dealer, directly or indirectly, shall refuse to make or to consent to an assignment, sale, transfer,...
- California Civil Code Section 86
The prevailing party in any action based on a violation of the provisions of this part shall be entitled to recover reasonable attorney's fees and...
- California Civil Code Section 654
The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this...
- California Civil Code Section 655
There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of...
- California Civil Code Section 656
Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or...
- California Civil Code Section 657
Property is either: l. Real or immovable; or, 2. Personal or movable.
- California Civil Code Section 658
Real or immovable property consists of: l. Land; 2. That which is affixed to land; 3. That which is incidental or appurtenant to land; 4....
- California Civil Code Section 659
Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes...
- California Civil Code Section 660
A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or...
- California Civil Code Section 662
A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in...
- California Civil Code Section 663
Every kind of property that is not real is personal.
- California Civil Code Section 669
All property has an owner, whether that owner is the State, and the property public, or the owner an individual, and the property private. The...
- California Civil Code Section 678
The ownership of property is either: 1. Absolute; or, 2. Qualified.
- California Civil Code Section 679
The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according...
- California Civil Code Section 680
The ownership of property is qualified: 1. When it is shared with one or more persons; 2. When the time of enjoyment is deferred or...
- California Civil Code Section 681
The ownership of property by a single person is designated as a sole or several ownership.
- California Civil Code Section 682
The ownership of property by several persons is either: 1. Of joint interest; 2. Of partnership interests; 3. Of interests in common; 4. Of community...
- California Civil Code Section 682.1
(a) Community property of a husband and wife, when expressly declared in the transfer document to be community property with right of survivorship, and which...
- California Civil Code Section 683
(a) A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer,...
- California Civil Code Section 683.1
No contract or other arrangement made after the effective date of this section between any person, firm, or corporation engaged in the business of renting...
- California Civil Code Section 683.2
(a) Subject to the limitations and requirements of this section, in addition to any other means by which a joint tenancy may be severed, a...
- California Civil Code Section 684
A partnership interest is one owned by several persons, in partnership, for partnership purposes.
- California Civil Code Section 685
An interest in common is one owned by several persons, not in joint ownership or partnership.
- California Civil Code Section 686
Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership...
- California Civil Code Section 687
Community property is property that is community property under Part 2 (commencing with Section 760) of Division 4 of the Family Code.
- California Civil Code Section 688
In respect to the time of enjoyment, an interest in property is either: 1. Present or future; and, 2. Perpetual or limited.
- California Civil Code Section 689
A present interest entitles the owner to the immediate possession of the property.
- California Civil Code Section 690
A future interest entitles the owner to the possession of the property only at a future period.
- California Civil Code Section 691
A perpetual interest has a duration equal to that of the property.
- California Civil Code Section 692
A limited interest has a duration less than that of the property.
- California Civil Code Section 696
Two or more future interests may be created to take effect in the alternative, so that if the first in order fails to vest, the...
- California Civil Code Section 697
A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.
- California Civil Code Section 698
When a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take in the same manner as if living...
- California Civil Code Section 699
Future interests pass by succession, will, and transfer, in the same manner as present interests.
- California Civil Code Section 700
A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.
- California Civil Code Section 701
In respect to real or immovable property, the interests mentioned in this Chapter are denominated estates, and are specially named and classified in Part II...
- California Civil Code Section 702
The names and classification of interests in real property have only such application to interests in personal property as is in this Division of the...
- California Civil Code Section 703
No future interest in property is recognized by the law, except such as is defined in this Division of the Code.
- California Civil Code Section 707
The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In...
- California Civil Code Section 708
Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right.
- California Civil Code Section 709
If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot...
- California Civil Code Section 711
Conditions restraining alienation, when repugnant to the interest created, are void.
- California Civil Code Section 711.5
(a) Notwithstanding the provisions of Sections 711 and 1916.5, a state or local public entity directly or indirectly providing housing purchase or rehabilitation loans shall...
- California Civil Code Section 712
(a) Every provision contained in or otherwise affecting a grant of a fee interest in, or purchase money security instrument upon, real property in this...
- California Civil Code Section 713
(a) Notwithstanding any provision of any ordinance, an owner of real property or his or her agent may display or have displayed on the owner's...
- California Civil Code Section 714
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest...
- California Civil Code Section 714.1
Notwithstanding Section 714, any association, as defined in Section 1351, may impose reasonable provisions which: (a) Restrict the installation of solar energy systems installed in...
- California Civil Code Section 714.5
The covenants, conditions, and restrictions or other management documents shall not prohibit the sale, lease, rent, or use of real property on the basis that...
- California Civil Code Section 715
A lease to commence at a time certain or upon the happening of a future event becomes invalid if its term does not actually commence...
- California Civil Code Section 717
No lease or grant of land for agricultural or horticultural purposes for a longer period than 51 years, in which shall be reserved any rent...
- California Civil Code Section 718
No lease or grant of any town or city lot, which reserves any rent or service of any kind, and which provides for a leasing...
- California Civil Code Section 718f
A lease of land for the purpose of effecting the production of minerals, oil, gas, or other hydrocarbon substances from other lands may be made...
- California Civil Code Section 719
Notwithstanding the 55-year limitation imposed by Section 718, property owned by, or held by, or under the management and control of, any city, or any...
- California Civil Code Section 722
Dispositions of the income of property to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition...
- California Civil Code Section 723
All directions for the accumulation of the income of property, except such as are allowed by this Title, are void.
- California Civil Code Section 724
(a) An accumulation of the income of property may be directed by any will, trust or transfer in writing sufficient to pass the property or...
- California Civil Code Section 725
If the direction for an accumulation of the income of property is for a longer term than is limited in the last section, the direction...
- California Civil Code Section 726
When one or more persons for whose benefit an accumulation of income has been directed is or are destitute of other sufficient means of support...
- California Civil Code Section 731
This chapter may be cited as the Legal Estates Principal and Income Law.
- California Civil Code Section 731.01
Nothing in this chapter shall affect the provisions of the Personal Income Tax Law and the Bank and Corporation Tax Law.
- California Civil Code Section 731.02
This chapter shall apply to all transactions by which a principal was established without the interposition of a trust on or after September 13, 1941,...
- California Civil Code Section 731.03
(a) "Principal" as used in this chapter means any realty or personalty which has been so set aside or limited by the owner thereof or...
- California Civil Code Section 731.04
This chapter shall govern the ascertainment of income and principal and the apportionment of receipts and expenses between tenants and remaindermen in all cases where...
- California Civil Code Section 731.05
(a) All receipts of money or other property paid or delivered as rent of realty or hire of personalty, or interest on money loaned, or...
- California Civil Code Section 731.06
Whenever a tenant's right to income shall cease by death, or in any other manner, all payments theretofore actually paid to the tenant shall belong...
- California Civil Code Section 731.07
(a) All dividends on shares of a corporation forming a part of the principal which are payable (1) In shares of the declaring corporation of...
- California Civil Code Section 731.08
Where any part of the principal consists of bonds or other obligations for the payment of money, they shall be deemed principal at their inventory...
- California Civil Code Section 731.09
(a) Whenever a tenant is authorized by the terms of the transaction by which the principal was established or by law, to use any part...
- California Civil Code Section 731.10
Where any part of the principal consists of animals employed in business, the provisions of Section 731.09 shall apply; and in other cases where the...
- California Civil Code Section 731.11
(a) Where any part of the principal consists of property in lands from which may be taken timber, minerals, oils, gas, or other natural resources,...
- California Civil Code Section 731.12
Where any part of the principal consists of property subject to depletion, such as leaseholds, patents, copyrights, and royalty rights, and the tenant in possession...
- California Civil Code Section 731.13
(a) Where any part of a principal in the possession of a tenant consists of realty or personalty which for more than a year and...
- California Civil Code Section 731.14
(a) Where any part of the principal in possession of the tenant consists of an obligation for the payment of money secured by a mortgage...
- California Civil Code Section 731.15
(a) All ordinary expenses incurred in connection with the principal or with its administration and management, including regularly recurring taxes assessed against any portion of...
- California Civil Code Section 732
The owner of a thing owns also all its products and accessions.
- California Civil Code Section 733
When, in consequence of a valid limitation of a future interest, there is a suspension of the power of alienation or of the ownership during...
- California Civil Code Section 739
A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of...
- California Civil Code Section 740
A future interest may be defeated in any manner or by any act or means which the party creating such interest provided for or authorized...
- California Civil Code Section 741
No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by...
- California Civil Code Section 742
No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the...
- California Civil Code Section 748
The income of property, as the term is used in this Part of the Code, includes the rents and profits of real property, the interest...
- California Civil Code Section 749
The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is...
- California Civil Code Section
(755.) Section Seven Hundred and Fifty-five. Real property within the State is governed by the law of this State, except where the title is in...
- California Civil Code Section 761
Estates in real property, in respect to the duration of their enjoyment are either: l. Estates of inheritance or perpetual estates; 2. Estates for life;...
- California Civil Code Section 763
Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple; and if...
- California Civil Code Section 764
Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid...
- California Civil Code Section 765
Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but...
- California Civil Code Section 767
A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of...
- California Civil Code Section 768
A reversion is the residue of an estate left by operation of law in the grantor or his successors, or in the successors of a...
- California Civil Code Section 769
When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and...
- California Civil Code Section 773
Subject to the rules of this title, and of Part 1 of this division, a freehold estate, as well as a chattel real, may be...
- California Civil Code Section 778
A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every...
- California Civil Code Section 779
When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property...
- California Civil Code Section 780
When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is...
- California Civil Code Section 781
A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is...
- California Civil Code Section 782
(a) Any provision in any deed of real property in California, whether executed before or after the effective date of this section, that purports to...
- California Civil Code Section 782.5
(a) Any deed or other written instrument that relates to title to real property, or any written covenant, condition, or restriction annexed or made a...
- California Civil Code Section 783
A condominium is an estate in real property described in subdivision (f) of Section 1351. A condominium may, with respect to the duration of its...
- California Civil Code Section 783.1
In a stock cooperative, as defined in subdivision (m) of Section 1351, both the separate interest, as defined in paragraph (4) of subdivision (l) of...
- California Civil Code Section 784
"Restriction," when used in a statute that incorporates this section by reference, means a limitation on, or provision affecting, the use of real property in...
- California Civil Code Section 789
A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice in writing to the tenant, in the manner...
- California Civil Code Section 789.3
(a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property...
- California Civil Code Section 790
After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reenter, or proceed according...
- California Civil Code Section 791
Whenever the right of reentry is given to a grantor or a lessor in any grant or lease or otherwise, such reentry may be made...
- California Civil Code Section 792
Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in Sections 1159 to 1175, both inclusive,...
- California Civil Code Section 793
An action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, after the right...
- California Civil Code Section 798
This chapter shall be known and may be cited as the "Mobilehome Residency Law."
- California Civil Code Section 798.1
Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
- California Civil Code Section 798.2
"Management" means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to...
- California Civil Code Section 798.3
(a) "Mobilehome" is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of...
- California Civil Code Section 798.4
"Mobilehome park" is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for...
- California Civil Code Section 798.6
"Park" is a manufactured housing community as defined in Section 18210.7 of the Health and Safety Code, or a mobilehome park.
- California Civil Code Section 798.7
"New Construction" means any newly constructed spaces initially held out for rent after January 1, 1990.
- California Civil Code Section 798.8
"Rental agreement" is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental
- California Civil Code Section 798.9
"Homeowner" is a person who has a tenancy in a mobilehome park under a rental agreement.
- California Civil Code Section 798.10
"Change of use" means a use of the park for a purpose other than the rental, or the holding out for rent, of two or...
- California Civil Code Section 798.11
"Resident" is a homeowner or other person who lawfully occupies a mobilehome.
- California Civil Code Section 798.12
"Tenancy" is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a...
- California Civil Code Section 798.13
(a) This chapter does not apply to any area owned, operated, or maintained by the state for the purpose of providing employee housing or space...
- California Civil Code Section 798.14
Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner or deposited in the United States mail, postage...
- California Civil Code Section 798.15
The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the...
- California Civil Code Section 798.16
(a) The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a...
- California Civil Code Section 798.17
(a) (1) Rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local...
- California Civil Code Section 798.18
(a) A homeowner shall be offered a rental agreement for (1) a term of 12 months, or (2) a lesser period as the homeowner may...
- California Civil Code Section 798.19
No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1...
- California Civil Code Section 798.19.5
A rental agreement entered into or renewed on and after January 1, 2006, shall not include a clause, rule, regulation, or any other provision that...
- California Civil Code Section 798.20
(a) Membership in any private club or organization that is a condition for tenancy in a park shall not be denied on any basis listed...
- California Civil Code Section 798.21
(a) Notwithstanding Section 798.17, if a mobilehome space within a mobilehome park is not the principal residence of the homeowner and the homeowner has not...
- California Civil Code Section 798.22
(a) In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles...
- California Civil Code Section 798.23
(a) The owner of the park, and any person employed by the park, shall be subject to, and comply with, all park rules and regulations,...
- California Civil Code Section 798.23.5
(a) (1) Management shall permit a homeowner to rent his or her home that serves as the homeowner's primary residence or sublet his or her...
- California Civil Code Section 798.24
Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be...
- California Civil Code Section 798.25
(a) Except as provided in subdivision (d), when the management proposes an amendment to the park's rules and regulations, the management shall meet and consult...
- California Civil Code Section 798.25.5
Any rule or regulation of a mobilehome park that (a) is unilaterally adopted by the management, (b) is implemented without the consent of the homeowners,...
- California Civil Code Section 798.26
(a) Except as provided in subdivision (b), the ownership or management of a park shall have no right of entry to a mobilehome or enclosed...
- California Civil Code Section 798.27
(a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use...
- California Civil Code Section 798.28
The management of a mobilehome park shall disclose, in writing, the name , business address, and business telephone number of the mobilehome park owner upon...
- California Civil Code Section 798.28.5
(a) Except as otherwise provided in this section, the management may cause the removal, pursuant to Section 22658 of the Vehicle Code, of a vehicle...
- California Civil Code Section 798.29
The management shall post a mobilehome ombudsman sign provided by the Department of Housing and Community Development, as required by Section 18253.5 of the Health...
- California Civil Code Section 798.29.5
The management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours' written advance notice of an...
- California Civil Code Section 798.29.6
The management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on...
- California Civil Code Section 798.30
The management shall give a homeowner written notice of any increase in his or her rent at least 90 days before the date of the
- California Civil Code Section 798.31
A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not...
- California Civil Code Section 798.32
(a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she...
- California Civil Code Section 798.33
(a) No lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet...
- California Civil Code Section 798.34
(a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total...
- California Civil Code Section 798.35
A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section,...
- California Civil Code Section 798.36
(a) A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park, except a reasonable...
- California Civil Code Section 798.37
A homeowner may not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee...
- California Civil Code Section 798.37.5
(a) With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of...
- California Civil Code Section 798.38
(a) Where the management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for...
- California Civil Code Section 798.39
(a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or...
- California Civil Code Section 798.40
The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of...
- California Civil Code Section 798.41
(a) Where a rental agreement, including a rental agreement specified in Section 798.17, does not specifically provide otherwise, the park management may elect to bill...
- California Civil Code Section 798.42
(a) The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of...
- California Civil Code Section 798.43
(a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment of gas, water, or electric utility service, management shall disclose to...
- California Civil Code Section 798.43.1
(a) The management of a master-meter park shall give written notice to homeowners and residents on or before February 1 of each year in their...
- California Civil Code Section 798.44
(a) The management of a park that does not permit mobilehome owners or park tenants to purchase liquefied petroleum gas for use in the mobilehome...
- California Civil Code Section 798.45
Notwithstanding Section 798.17, "new construction" as defined in Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city,...
- California Civil Code Section 798.49
(a) Except as provided in subdivision (d), the local agency of any city, including a charter city, county, or city and county, which administers an...
- California Civil Code Section 798.50
It is the intent of the Legislature in enacting this article to ensure that homeowners and residents of mobilehome parks have the right to peacefully...
- California Civil Code Section 798.51
(a) No provision contained in any mobilehome park rental agreement, rule, or regulation shall deny or prohibit the right of any homeowner or resident in...
- California Civil Code Section 798.52
Any homeowner or resident who is prevented by management from exercising the rights provided for in Section 798.51 may bring an action in a court...
- California Civil Code Section 798.53
The management shall meet and consult with the homeowners, upon written request, within 30 days of the request, either individually, collectively, or with representatives of...
- California Civil Code Section 798.55
(a) The Legislature finds and declares that, because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements relating to...
- California Civil Code Section 798.56
A tenancy shall be terminated by the management only for one or more of the following reasons: (a) Failure of the homeowner or resident to...
- California Civil Code Section 798.56a
(a) Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to...
- California Civil Code Section 798.57
The management shall set forth in a notice of termination, the reason relied upon for the termination with specific facts to permit determination of the...
- California Civil Code Section 798.58
Tenancy may only be terminated for reasons contained in Section 798.56, and a tenancy may not be terminated for the purpose of making a homeowner's...
- California Civil Code Section 798.59
A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy.
- California Civil Code Section 798.60
The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of...
- California Civil Code Section 798.61
(a) (1) As used in this section, "abandoned mobilehome" means a mobilehome about which all of the following are true: (A) It is located in...
- California Civil Code Section 798.70
A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death...
- California Civil Code Section 798.71
(a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner's written authorization. The authorization...
- California Civil Code Section 798.72
(a) The management shall not charge a homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in...
- California Civil Code Section 798.73
The management shall not require the removal of a mobilehome from the park in the event of the sale of the mobilehome to a third...
- California Civil Code Section 798.73.5
(a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or...
- California Civil Code Section 798.74
(a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the...
- California Civil Code Section 798.74.4
The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the transfer disclosure requirements and provisions set forth...
- California Civil Code Section 798.74.5
(a) Within two business days of receiving a request from a prospective homeowner for an application for residency for a specific space within a mobilehome...
- California Civil Code Section 798.75
(a) An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to...
- California Civil Code Section 798.75.5
(a) The management shall provide a prospective homeowner with a completed written disclosure form concerning the park described in subdivision (b) at least three days...
- California Civil Code Section 798.76
The management may require that a prospective purchaser comply with any rule or regulation limiting residency based on age requirements for housing for older persons,...
- California Civil Code Section 798.77
No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this chapter. Any such...
- California Civil Code Section 798.78
(a) An heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of...
- California Civil Code Section 798.79
(a) Any legal owner or junior lienholder who forecloses on his or her security interest in a mobilehome located in a mobilehome park shall have...
- California Civil Code Section 798.80
(a) Not less than 30 days nor more than one year prior to an owner of a mobilehome park entering into a written listing agreement...
- California Civil Code Section 798.81
The management (1) shall not prohibit the listing or sale of a used mobilehome within the park by the homeowner, an heir, joint tenant, or...
- California Civil Code Section 798.82
The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured...
- California Civil Code Section 798.83
In the case of a sale or transfer of a mobilehome that will remain in the park, the management of the park shall not require...
- California Civil Code Section 798.84
(a) No action based upon the management's alleged failure to maintain the physical improvements in the common facilities in good working order or condition or...
- California Civil Code Section 798.85
In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney's fees and costs. A party...
- California Civil Code Section 798.86
(a) If a homeowner or former homeowner of a park is the prevailing party in a civil action, including a small claims court action, against...
- California Civil Code Section 798.87
(a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be...
- California Civil Code Section 798.88
(a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of...
- California Civil Code Section 799
As used in this article: (a) "Ownership or management" means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes, or of a...
- California Civil Code Section 799.1
This article shall govern the rights of a resident who has an ownership interest in the subdivision, cooperative, or condominium for mobilehomes, or a resident-owned...
- California Civil Code Section 799.1.5
A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of...
- California Civil Code Section 799.2
The ownership or management shall not show or list for sale a mobilehome owned by a resident without first obtaining the resident' s written authorization....
- California Civil Code Section 799.2.5
(a) Except as provided in subdivision (b), the ownership or management shall have no right of entry to a mobilehome without the prior written consent...
- California Civil Code Section 799.3
The ownership or management shall not require the removal of a mobilehome from a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park in...
- California Civil Code Section 799.4
The ownership or management may require the right to prior approval of the purchaser of a mobilehome that will remain in the subdivision, cooperative, or...
- California Civil Code Section 799.5
The ownership or management may require that a purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned...
- California Civil Code Section 799.6
No agreement shall contain any provision by which the purchaser waives his or her rights under the provisions of this article. Any such waiver shall...
- California Civil Code Section 799.7
The ownership or management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours' written advance notice...
- California Civil Code Section 799.8
The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured...
- California Civil Code Section 799.9
(a) A homeowner may share his or her mobilehome with any person 18 years of age or older if that person is providing live-in health...
- California Civil Code Section 799.10
A resident may not be prohibited from displaying a political campaign sign relating to a candidate for election to public office or to the initiative,...
- California Civil Code Section 799.11
The ownership or management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or...
- California Civil Code Section 799.20
This chapter shall be known and may be cited as the Recreational Vehicle Park Occupancy Law.
- California Civil Code Section 799.21
Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter.
- California Civil Code Section 799.22
"Defaulting occupant" means an occupant who fails to pay for his or her occupancy in a park or who fails to comply with reasonable written...
- California Civil Code Section 799.23
"Defaulting resident" means a resident who fails to pay for his or her occupancy in a park, fails to comply with reasonable written rules and...
- California Civil Code Section 799.24
"Defaulting tenant" means a tenant who fails to pay for his or her occupancy in a park or fails to comply with reasonable written rules...
- California Civil Code Section 799.25
"Guest" means a person who is lawfully occupying a recreational vehicle located in a park but who is not an occupant, tenant, or resident. An...
- California Civil Code Section 799.26
"Management" means the owner of a recreational vehicle park or an agent or representative authorized to act on his or her behalf in connection with...
- California Civil Code Section 799.27
"Occupancy" and "occupy" refer to the use of a recreational vehicle park lot by an occupant, tenant, or resident.
- California Civil Code Section 799.28
"Occupant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for 30 days or less.
- California Civil Code Section 799.29
"Recreational vehicle" has the same meaning as defined in Section 18010 of the Health and Safety Code.
- California Civil Code Section 799.30
"Recreational vehicle park" or "park" has the same meaning as defined in Section 18862.39 of the Health and Safety Code.
- California Civil Code Section 799.31
"Resident" means a tenant who has occupied a lot in a park for nine months or more.
- California Civil Code Section 799.32
"Tenant" means the owner or operator of a recreational vehicle who has occupied a lot in a park for more than 30 consecutive days.
- California Civil Code Section 799.40
The rights created by this chapter shall be cumulative and in addition to any other legal rights the management of a park may have against...
- California Civil Code Section 799.41
Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health and Safety Code or to a manufactured home...
- California Civil Code Section 799.42
No occupant registration agreement or tenant rental agreement shall contain a provision by which the occupant or tenant waives his or her rights under the...
- California Civil Code Section 799.43
The registration agreement between a park and an occupant thereof shall be in writing and shall contain, in addition to the provisions otherwise required by...
- California Civil Code Section 799.44
At the time of registration, an occupant shall be given a copy of the rules and regulations of the park.
- California Civil Code Section 799.45
The management may offer a rental agreement to an occupant of the park who intends to remain in the park for a period in excess...
- California Civil Code Section 799.46
At the entry to a recreational vehicle park, or within the separate designated section for recreational vehicles within a mobilehome park, there shall be displayed...
- California Civil Code Section 799.55
Except as provided in subdivision (b) of Section 1866, as a prerequisite to the right of management to have a defaulting occupant's recreational vehicle removed...
- California Civil Code Section 799.56
(a) The 72-hour written notice shall be served by delivering a copy to the defaulting occupant personally or to a person of suitable age and...
- California Civil Code Section 799.57
The written 72-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within 72...
- California Civil Code Section 799.58
Subsequent to serving a copy of the notice specified in this article to the city police or county sheriff, whichever is appropriate, and after the...
- California Civil Code Section 799.59
When the management removes or causes the removal of a defaulting occupant's recreational vehicle, the management and the individual or entity that removes the recreational...
- California Civil Code Section 799.65
The management may terminate the tenancy of a defaulting tenant for nonpayment of rent, utilities, or reasonable incidental service charges, provided the amount due shall...
- California Civil Code Section 799.66
The management may terminate or refuse to renew the right of occupancy of a tenant for other than nonpayment of rent or other charges upon...
- California Civil Code Section 799.67
Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part...
- California Civil Code Section 799.70
The management may terminate or refuse to renew the right of occupancy of a defaulting resident upon the giving of a written notice to the...
- California Civil Code Section 799.71
Evictions pursuant to this article shall be subject to the requirements set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part...
- California Civil Code Section 799.75
The management shall have a lien upon the recreational vehicle and the contents therein for the proper charges due from a defaulting occupant, tenant, or...
- California Civil Code Section 799.78
In any action arising out of the provisions of this chapter, the prevailing party shall be entitled to reasonable attorney's fees and costs. A party...
- California Civil Code Section 799.79
In the event that an occupant, tenant, or resident or a former occupant, tenant, or resident is the prevailing party in a civil action against...
- California Civil Code Section 800
This chapter shall be known and may be cited as the Floating Home Residency Law.
- California Civil Code Section 800.1
Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
- California Civil Code Section 800.2
"Management" means the owner of a floating home marina or an agent or representative authorized to act on his or her behalf in connection with...
- California Civil Code Section 800.3
"Floating home" has the same meaning as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code.
- California Civil Code Section 800.4
"Floating home marina" means an area where five or more floating home berths are rented, or held out for rent, to accommodate floating homes, but...
- California Civil Code Section 800.5
"Rental agreement" means an agreement between the management and the homeowner establishing the terms and conditions of a tenancy. A lease is a rental agreement.
- California Civil Code Section 800.6
"Homeowner" means a person who owns or resides in a floating home which is in a floating home marina pursuant to a rental agreement with
- California Civil Code Section 800.7
"Change of use" means a use of the floating home marina for a purpose other than the rental, or the holding out for rent, of...
- California Civil Code Section 800.8
"Resident" means a homeowner or other person who lawfully occupies a floating home.
- California Civil Code Section 800.9
"Tenancy" means the right of a homeowner to the use of a berth within a floating home marina on which to locate, maintain, and occupy...
- California Civil Code Section 800.20
Unless otherwise provided, the management shall make available to floating homeowners, upon request, copies of all notices required by this article and Article 3 (commencing...
- California Civil Code Section 800.21
The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the...
- California Civil Code Section 800.22
The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a part...
- California Civil Code Section 800.23
(a) A homeowner shall be offered a rental agreement for (1) a term of 12 months, (2) a lesser period as mutually agreed upon by...
- California Civil Code Section 800.24
No rental agreement for a floating home berth shall contain a provision by which the homeowner waives his or her rights under any of the...
- California Civil Code Section 800.25
(a) Membership in any private club or organization that is a condition for tenancy in a floating home marina shall not be denied on any...
- California Civil Code Section 800.26
On or before March 12, 1991, the management shall notify all floating homeowners, in writing, that a copy of the Floating Home Residency Law is...
- California Civil Code Section 800.30
Each common area facility shall be open or available to residents at all reasonable hours, and the hours of the common area facility shall be...
- California Civil Code Section 800.31
A rule or regulation of the floating home marina may be amended at any time with the consent of a homeowner, or without his or...
- California Civil Code Section 800.32
(a) Except as provided in subdivision (b), and notwithstanding any other provision of law to the contrary, the ownership or management of a floating home...
- California Civil Code Section 800.33
(a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use...
- California Civil Code Section 800.34
The management of a floating home marina shall disclose, in writing, the name and address of the floating home marina owner upon the request of...
- California Civil Code Section 800.35
(a) The management of a floating home marina may enter a floating home, which is owned by the marina, only upon the prior written consent...
- California Civil Code Section 800.36
(a) A floating home not owned by a floating home marina shall be deemed abandoned by the homeowner, and the lease shall terminate, if the...
- California Civil Code Section 800.37
A floating home which is owned by a floating home marina shall be deemed abandoned according to the procedures and requirements of Section 1951.3.
- California Civil Code Section 800.40
The management shall give a homeowner written notice of any increase in his or her rent at least 30 days before the date of the...
- California Civil Code Section 800.41
A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not...
- California Civil Code Section 800.42
A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has...
- California Civil Code Section 800.43
A homeowner shall not be charged a fee for keeping a pet in the floating home marina unless the management actually provides special facilities or...
- California Civil Code Section 800.44
(a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total...
- California Civil Code Section 800.45
A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section,...
- California Civil Code Section 800.46
A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the floating home marina.
- California Civil Code Section 800.47
Unless the homeowner specifically requests the service in writing from the management, a homeowner shall not be charged a fee for the entry, installation, hookup,...
- California Civil Code Section 800.48
Where the management provides both master meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for...
- California Civil Code Section 800.49
(a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or...
- California Civil Code Section 800.50
The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of...
- California Civil Code Section 800.60
The management shall permit meetings by homeowners or residents of a floating home in the marina, or any or all of them, relating to floating...
- California Civil Code Section 800.61
The management shall meet and consult with the homeowners, upon written request, within 30 days of the request, either individually, collectively, or with representatives of...
- California Civil Code Section 800.70
(a) The Legislature finds and declares that, because of the high cost of moving floating homes, the potential for damage resulting therefrom, the requirements relating...
- California Civil Code Section 800.71
A tenancy shall be terminated by the management only for one or more of the following reasons: (a) Failure of the homeowner or resident to...
- California Civil Code Section 800.72
The management shall set forth in a notice of termination the reason relied upon for the termination with specific facts to permit determination of the...
- California Civil Code Section 800.73
No tenancy shall be terminated for the purpose of making a homeowner's berth available for a person who purchases a floating home from the owner...
- California Civil Code Section 800.74
A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy.
- California Civil Code Section 800.75
The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of...
- California Civil Code Section 800.80
A homeowner or his or her agent may advertise the sale or exchange of his or her floating home, or, if not prohibited by the...
- California Civil Code Section 800.82
(a) The management shall not show or list for sale a floating home without first obtaining the owner's written authorization. The authorization shall specify the...
- California Civil Code Section 800.83
(a) The management shall not charge a homeowner, or his or her agent a transfer or selling fee as a condition of a sale of...
- California Civil Code Section 800.84
The management shall not require the removal of a floating home from the floating home marina in the event of its sale to a third...
- California Civil Code Section 800.85
(a) The management may require the right of prior approval of a purchaser of a floating home that will remain in the floating home marina...
- California Civil Code Section 800.86
(a) An escrow, sale, or transfer agreement involving a floating home located in the floating home marina at the time of sale, where the floating...
- California Civil Code Section 800.87
No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this article. Any waiver...
- California Civil Code Section 800.88
An heir or joint tenant who gains ownership of a floating home in the floating home marina through the death of the owner of the...
- California Civil Code Section 800.89
Any legal owner or junior lienholder who forecloses on his or her security interest in a floating home located in a floating home marina shall...
- California Civil Code Section 800.90
The management (1) shall not prohibit the listing or sale of a used floating home within the floating home marina by the homeowner, or an...
- California Civil Code Section 800.91
(a) No action based upon the management's alleged failure to maintain the physical improvements in the common facilities in good working order or condition or...
- California Civil Code Section 800.100
(a) When the owner of a floating home marina enters into a written listing agreement with a licensed real estate broker, as defined in Article...
- California Civil Code Section 800.200
In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney' s fees and costs. A...
- California Civil Code Section 800.201
(a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall be...
- California Civil Code Section 800.300
As used in this article: (a) "Ownership or management" means the ownership or management of a cooperative or condominium for floating homes. (b) "Resident" means...
- California Civil Code Section 800.301
A resident may advertise the sale or exchange of his or her floating home or, if not prohibited by the terms of an agreement with...
- California Civil Code Section 800.302
The ownership or management shall not show or list for sale a floating home owned by a resident without first obtaining the resident's written authorization....
- California Civil Code Section 800.303
The ownership or management shall not require the removal of a floating home from a cooperative or condominium in the event of its sale to...
- California Civil Code Section 800.304
The ownership or management may require the right to prior approval of the purchaser of a floating home that will remain in the cooperative or...
- California Civil Code Section 800.305
No agreement shall contain any provision by which the purchaser waives his or her rights under this article. Any waiver thereof shall be deemed contrary...
- California Civil Code Section 800.306
This chapter applies only to the relationship between the management and the homeowners and residents of floating home marinas. Nothing in this chapter affects residential...
- California Civil Code Section 801
The following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements: 1. The...
- California Civil Code Section 801.5
(a) The right of receiving sunlight as specified in subdivision 18 of Section 801 shall be referred to as a solar easement. "Solar easement" means...
- California Civil Code Section 801.7
(a) When a right-of-way is granted pursuant to Section 801 or 802 to a railroad corporation whose primary business is the transportation of passengers, the...
- California Civil Code Section 803
The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called...
- California Civil Code Section 804
A servitude can be created only by one who has a vested estate in the servient tenement.
- California Civil Code Section 805
A servitude thereon cannot be held by the owner of the servient tenement.
- California Civil Code Section 806
The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired.
- California Civil Code Section 807
In case of partition of the dominant tenement the burden must be apportioned according to the division of the dominant tenement, but not in such...
- California Civil Code Section 808
The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing...
- California Civil Code Section 809
The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement...
- California Civil Code Section 810
The owner in fee of a servient tenement may maintain an action for the possession of the land, against any one unlawfully possessed thereof, though...
- California Civil Code Section 811
A servitude is extinguished: 1. By the vesting of the right to the servitude and the right to the servient tenement in the same person;...
- California Civil Code Section 813
The holder of record title to land may record in the office of the recorder of any county in which any part of the land...
- California Civil Code Section 815
The Legislature finds and declares that the preservation of land in its natural, scenic, agricultural, historical, forested, or open-space condition is among the most important...
- California Civil Code Section 815.1
For the purposes of this chapter, "conservation easement" means any limitation in a deed, will, or other instrument in the form of an easement, restriction,...
- California Civil Code Section 815.2
(a) A conservation easement is an interest in real property voluntarily created and freely transferable in whole or in part for the purposes stated in...
- California Civil Code Section 815.3
Only the following entities or organizations may acquire and hold conservation easements: (a) A tax-exempt nonprofit organization qualified under Section 501(c)(3) of the Internal Revenue...
- California Civil Code Section 815.4
All interests not transferred and conveyed by the instrument creating the easement shall remain in the grantor of the easement, including the right to engage...
- California Civil Code Section 815.5
Instruments creating, assigning, or otherwise transferring conservation easements shall be recorded in the office of the county recorder of the county where the land is...
- California Civil Code Section 815.7
(a) No conservation easement shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not...
- California Civil Code Section 815.9
Nothing in this chapter shall be construed to impair or conflict with the operation of any law or statute conferring upon any political subdivision the...
- California Civil Code Section 815.10
A conservation easement granted pursuant to this chapter constitutes an enforceable restriction, for purposes of Section 402.1 of the Revenue and Taxation Code.
- California Civil Code Section 816
The provisions of this chapter shall be liberally construed in order to effectuate the policy and purpose of Section 815.
- California Civil Code Section 818
The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must...
- California Civil Code Section 819
A tenant for years or at will, unless he is a wrong-doer by holding over, may occupy the buildings, take the annual products of the...
- California Civil Code Section 820
A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or...
- California Civil Code Section 821
A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred,...
- California Civil Code Section 822
Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery...
- California Civil Code Section 823
Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may...
- California Civil Code Section 824
Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.
- California Civil Code Section 825
Rent dependent on the life of a person may be recovered after as well as before his death.
- California Civil Code Section 826
A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening...
- California Civil Code Section 827
(a) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to...
- California Civil Code Section 829
The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. (830.) Section Eight Hundred...
- California Civil Code Section 831
An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be
- California Civil Code Section 832
Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the...
- California Civil Code Section 833
Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.
- California Civil Code Section 834
Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.
- California Civil Code Section 840
The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual...
- California Civil Code Section 841
Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them; 2. The fences between them, unless one of them chooses...
- California Civil Code Section 841.4
Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of...
- California Civil Code Section 843
(a) If real property is owned concurrently by two or more persons, a tenant out of possession may establish an ouster from possession by a...
- California Civil Code Section 845
(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall...
- California Civil Code Section 846
An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises...
- California Civil Code Section 846.1
(a) Except as provided in subdivision (c), an owner of any estate or interest in real property, whether possessory or nonpossessory, who gives permission to...
- California Civil Code Section 846.2
No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who has been expressly...
- California Civil Code Section 846.5
(a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons...
- California Civil Code Section 847
(a) An owner, including, but not limited to, a public entity, as defined in Section 811.2 of the Government Code, of any estate or any...
- California Civil Code Section 848
The owner of mineral rights, as defined by Section 883.110, in real property shall give a written notice to the owner or the owner' s...
- California Civil Code Section 850
The definitions set forth in Section 25260 of the Health and Safety Code govern the construction of this chapter. In addition, the following definitions apply...
- California Civil Code Section 851
(a) An owner of a site who has actual awareness of a release exceeding the notification threshold shall take all reasonable steps as defined in...
- California Civil Code Section 852
(a) Within 45 days after issuance of the commitment statement, the owner may transmit to the notice recipient by certified mail, return receipt requested, an...
- California Civil Code Section 853
(a) Neither the failure to issue a commitment statement nor its issuance shall be construed as an admission that the recipient of the notice of...
- California Civil Code Section 854
A commitment statement shall be executed in substantially the following form: NOTICE OF ASSUMPTION OF COUNTY OF ___________ GOVERNMENT IMPOSED SITE STATE OF INVESTIGATION AND/OR...
- California Civil Code Section 855
The notification requirements of Section 851 shall not become effective until 180 days after the effective date of this chapter.
- California Civil Code Section 880.020
(a) The Legislature declares as public policy that: (1) Real property is a basic resource of the people of the state and should be made...
- California Civil Code Section 880.030
Nothing in this title shall be construed to: (a) Limit application of the principles of waiver and estoppel, laches, and other equitable principles. (b) Affect...
- California Civil Code Section 880.240
The following interests are not subject to expiration or expiration of record pursuant to this title: (a) The interest of a person in possession (including...
- California Civil Code Section 880.250
(a) The times prescribed in this title for expiration or expiration of record of an interest in real property or for enforcement, for bringing an...
- California Civil Code Section 880.260
An interest in real property, as specified in this title, does not expire or expire of record and is not unenforceable pursuant to this title...
- California Civil Code Section 880.310
(a) If the time within which an interest in real property expires pursuant to this title depends upon recordation of a notice of intent to...
- California Civil Code Section 880.320
A notice of intent to preserve an interest in real property may be recorded by any of the following persons: (a) A person who claims...
- California Civil Code Section 880.330
Subject to all statutory requirements for recorded documents: (a) A notice of intent to preserve an interest in real property shall be in writing and...
- California Civil Code Section 880.340
Subject to all statutory requirements for recorded documents, a notice of intent to preserve an interest in real property shall be in substantially the following...
- California Civil Code Section 880.350
(a) A notice of intent to preserve an interest in real property shall be recorded in the county in which the real property is situated....
- California Civil Code Section 880.360
A person shall not record a notice of intent to preserve an interest in real property for the purpose of slandering title to the real...
- California Civil Code Section 880.370
If the period prescribed by statute during which a notice of intent to preserve an interest in real property must be recorded expires before, on,...
- California Civil Code Section 882.020
(a) Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure...
- California Civil Code Section 882.030
Expiration of the lien of a mortgage, deed of trust, or other security interest pursuant to this chapter or any other statute renders the lien...
- California Civil Code Section 882.040
(a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date...
- California Civil Code Section 883.110
As used in this chapter, "mineral right" means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created...
- California Civil Code Section 883.120
(a) This chapter does not apply to a mineral right reserved to the United States (whether in a patent, pursuant to federal law, or otherwise)...
- California Civil Code Section 883.130
Nothing in this chapter limits or affects the common law governing abandonment of a mineral right or any other procedure provided by statute for clearing...
- California Civil Code Section 883.140
(a) As used in this section: (1) "Lessee" includes an assignee or other successor in interest of the lessee. (2) "Lessor" includes a successor in...
- California Civil Code Section 883.210
The owner of real property subject to a mineral right may bring an action to terminate the mineral right pursuant to this article if the...
- California Civil Code Section 883.220
For the purpose of this article, a mineral right is dormant if all of the following conditions are satisfied for a period of 20 years...
- California Civil Code Section 883.230
(a) An owner of a mineral right may at any time record a notice of intent to preserve the mineral right. (b) In lieu of...
- California Civil Code Section 883.240
(a) An action to terminate a mineral right pursuant to this article shall be brought in the superior court of the county in which the...
- California Civil Code Section 883.250
In an action to terminate a mineral right pursuant to this article, the court shall permit the owner of the mineral right to record a...
- California Civil Code Section 883.260
A mineral right terminated pursuant to this article is unenforceable and is deemed to have expired. A court order terminating a mineral right pursuant to...
- California Civil Code Section 883.270
Subject to Section 880.370 (grace period for recording notice), this article applies to all mineral rights, whether executed or recorded before, on, or after January...
- California Civil Code Section 884.010
If a recorded instrument creates or gives constructive notice of an option to purchase real property, the option expires of record if no conveyance, contract,...
- California Civil Code Section 884.020
Upon the expiration of record of an option to purchase real property, the recorded instrument that creates or gives constructive notice of the option ceases...
- California Civil Code Section 884.030
(a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded instruments that create or give constructive notice...
- California Civil Code Section 885.010
(a) As used in this chapter: (1) "Power of termination" means the power to terminate a fee simple estate in real property to enforce a...
- California Civil Code Section 885.015
This chapter does not apply to any of the following: (a) A power of termination conditioned upon the continued production or removal of oil or...
- California Civil Code Section 885.020
Fees simple determinable and possibilities of reverter are abolished. Every estate that would be at common law a fee simple determinable is deemed to be...
- California Civil Code Section 885.030
(a) A power of termination of record expires at the later of the following times: (1) Thirty years after the date the instrument reserving, transferring,...
- California Civil Code Section 885.040
(a) If a power of termination becomes obsolete, the power expires. (b) As used in this section, a power of termination is obsolete if any...
- California Civil Code Section 885.050
A power of termination shall be exercised only by notice or by civil action and, if the power of termination is of record, the exercise...
- California Civil Code Section 885.060
(a) Expiration of a power of termination pursuant to this chapter makes the power unenforceable and is equivalent for all purposes to a termination of...
- California Civil Code Section 885.070
(a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date...
- California Civil Code Section 886.010
As used in this chapter: (a) "Contract for sale of real property" means an agreement wherein one party agrees to convey title to real property...
- California Civil Code Section 886.020
If the party to whom title to real property is to be conveyed pursuant to a recorded contract for the sale of real property fails...
- California Civil Code Section 886.030
(a) Except as otherwise provided in this section, a recorded contract for sale of real property expires of record at the later of the following...
- California Civil Code Section 886.040
Upon the expiration of record of a recorded contract for sale of real property pursuant to this chapter, the contract has no effect, and does...
- California Civil Code Section 886.050
(a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded contracts for sale of real property, whether...
- California Civil Code Section 887.010
As used in this chapter, "easement" means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance,...
- California Civil Code Section 887.020
This chapter does not apply to an easement that is part of a unified or reciprocal system for the mutual benefit of multiple parties.
- California Civil Code Section 887.030
This chapter supplements and does not limit or otherwise affect the common law governing abandonment of an easement or any other procedure provided by statute...
- California Civil Code Section 887.040
(a) The owner of real property subject to an easement may bring an action to establish the abandonment of the easement and to clear record...
- California Civil Code Section 887.050
(a) For purposes of this chapter, an easement is abandoned if all of the following conditions are satisfied for a period of 20 years immediately...
- California Civil Code Section 887.060
(a) The owner of an easement may at any time record a notice of intent to preserve the easement. (b) In lieu of the statement...
- California Civil Code Section 887.070
In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record...
- California Civil Code Section 887.080
An abandoned easement is unenforceable and is deemed to have expired. A court order establishing abandonment of an easement pursuant to this chapter is equivalent...
- California Civil Code Section 887.090
Subject to Sections 880.370 (grace period for recording notice) and 887.020, this chapter applies to all easements, whether executed or recorded before, on, or after...
- California Civil Code Section 890
(a) (1) "Rent skimming" means using revenue received from the rental of a parcel of residential real property at any time during the first year...
- California Civil Code Section 891
(a) A seller of an interest in residential real property who received a promissory note or other evidence of indebtedness for all or a portion...
- California Civil Code Section 892
(a) Any person who engages in multiple acts of rent skimming is subject to criminal prosecution. Each act of rent skimming comprising the multiple acts...
- 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...
- California Civil Code Section 894
If any provision of this title or the application thereof to any person or circumstances is held to be unconstitutional, the remainder of the title...
- California Civil Code Section 895
(a) "Structure" means any residential dwelling, other building, or improvement located upon a lot or within a common area. (b) "Designed moisture barrier" means an...
- California Civil Code Section 896
In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or...
- California Civil Code Section 897
The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or...
- California Civil Code Section 900
As to fit and finish items, a builder shall provide a homebuyer with a minimum one-year express written limited warranty covering the fit and finish...
- California Civil Code Section 901
A builder may, but is not required to, offer greater protection or protection for longer time periods in its express contract with the homeowner than...
- California Civil Code Section 902
If a builder offers an enhanced protection agreement, the builder may choose to be subject to its own express contractual provisions in place of the...
- California Civil Code Section 903
If a builder offers an enhanced protection agreement in place of the provisions set forth in Chapter 2 (commencing with Section 896), the election to...
- California Civil Code Section 904
If a builder has elected to use an enhanced protection agreement, and a homeowner disputes that the particular provision or time periods of the enhanced...
- California Civil Code Section 905
If a homeowner seeks to enforce Chapter 2 (commencing with Section 896), in lieu of the enhanced protection agreement in a subsequent litigation or other...
- California Civil Code Section 906
A builder's election to use an enhanced protection agreement addresses only the issues set forth in Chapter 2 (commencing with Section 896) and does not...
- California Civil Code Section 907
A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as...
- California Civil Code Section 910
Prior to filing an action against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with...
- California Civil Code Section 911
(a) For purposes of this title, except as provided in subdivision (b), "builder" means any entity or individual, including, but not limited to a builder,...
- California Civil Code Section 912
A builder shall do all of the following: (a) Within 30 days of a written request by a homeowner or his or her legal representative,...
- California Civil Code Section 913
A builder or his or her representative shall acknowledge, in writing, receipt of the notice of the claim within 14 days after receipt of the...
- California Civil Code Section 914
(a) This chapter establishes a nonadversarial procedure, including the remedies available under this chapter which, if the procedure does not resolve the dispute between the...
- California Civil Code Section 915
If a builder fails to acknowledge receipt of the notice of a claim within the time specified, elects not to go through the process set...
- California Civil Code Section 916
(a) If a builder elects to inspect the claimed unmet standards, the builder shall complete the initial inspection and testing within 14 days after acknowledgment...
- California Civil Code Section 917
Within 30 days of the initial or, if requested, second inspection or testing, the builder may offer in writing to repair the violation. The offer...
- California Civil Code Section 918
Upon receipt of the offer to repair, the homeowner shall have 30 days to authorize the builder to proceed with the repair. The homeowner may...
- California Civil Code Section 919
The offer to repair shall also be accompanied by an offer to mediate the dispute if the homeowner so chooses. The mediation shall be limited...
- California Civil Code Section 920
If the builder fails to make an offer to repair or otherwise strictly comply with this chapter within the times specified, the claimant is released...
- California Civil Code Section 921
(a) In the event that a resolution under this chapter involves a repair by the builder, the builder shall make an appointment with the claimant,...
- California Civil Code Section 922
The builder shall, upon request, allow the repair to be observed and electronically recorded, videotaped, or photographed by the claimant or his or her legal...
- California Civil Code Section 923
The builder shall provide the homeowner or his or her legal representative, upon request, with copies of all correspondence, photographs, and other materials pertaining or...
- California Civil Code Section 924
If the builder elects to repair some, but not all of, the claimed unmet standards, the builder shall, at the same time it makes its...
- California Civil Code Section 925
If the builder fails to complete the repair within the time specified in the repair plan, the claimant is released from the requirements of this...
- California Civil Code Section 926
The builder may not obtain a release or waiver of any kind in exchange for the repair work mandated by this chapter. At the conclusion...
- California Civil Code Section 927
If the applicable statute of limitations has otherwise run during this process, the time period for filing a complaint or other legal remedies for violation...
- California Civil Code Section 928
If the builder has invoked this chapter and completed a repair, prior to filing an action, if there has been no previous mediation between the...
- California Civil Code Section 929
(a) Nothing in this chapter prohibits the builder from making only a cash offer and no repair. In this situation, the homeowner is free to...
- California Civil Code Section 930
(a) The time periods and all other requirements in this chapter are to be strictly construed, and, unless extended by the mutual agreement of the...
- California Civil Code Section 931
If a claim combines causes of action or damages not covered by this part, including, without limitation, personal injuries, class actions, other statutory remedies, or...
- California Civil Code Section 932
Subsequently discovered claims of unmet standards shall be administered separately under this chapter, unless otherwise agreed to by the parties. However, in the case of...
- California Civil Code Section 933
If any enforcement of these standards is commenced, the fact that a repair effort was made may be introduced to the trier of fact. However,...
- California Civil Code Section 934
Evidence of both parties' conduct during this process may be introduced during a subsequent enforcement action, if any, with the exception of any mediation. Any...
- California Civil Code Section 935
To the extent that provisions of this chapter are enforced and those provisions are substantially similar to provisions in Section 1375 of the Civil Code,...
- California Civil Code Section 936
Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals to...
- California Civil Code Section 937
Nothing in this title shall be interpreted to eliminate or abrogate the requirement to comply with Section 411.35 of the Code of Civil Procedure or...
- California Civil Code Section 938
This title applies only to new residential units where the purchase agreement with the buyer was signed by the seller on or after January 1,
- California Civil Code Section 941
(a) Except as specifically set forth in this title, no action may be brought to recover under this title more than 10 years after substantial...
- California Civil Code Section 942
In order to make a claim for violation of the standards set forth in Chapter 2 (commencing with Section 896), a homeowner need only demonstrate,...
- California Civil Code Section 943
(a) Except as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section...
- California Civil Code Section 944
If a claim for damages is made under this title, the homeowner is only entitled to damages for the reasonable value of repairing any violation...
- California Civil Code Section 945
The provisions, standards, rights, and obligations set forth in this title are binding upon all original purchasers and their successors-in-interest. For purposes of this title,...
- California Civil Code Section 945.5
A builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, under the principles of comparative fault pertaining to affirmative defenses, may be...
- California Civil Code Section 946
If there is no law to the contrary, in the place where personal property is situated, it is deemed to follow the person of its...
- California Civil Code Section
(953.) Section Nine Hundred and Fifty-three. A thing in action is a right to recover money or other personal property by a judicial proceeding.
- California Civil Code Section 954
A thing in action, arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner.
- California Civil Code Section 954.5
(a) Subject to subdivisions (b) and (c), a transfer of a right represented by a judgment excluded from coverage of Division 9 of the Commercial...
- California Civil Code Section 955
A transfer other than one intended to create a security interest (paragraph (1) or (3) of subdivision (a) of Section 9109 of the Commercial Code)...
- California Civil Code Section 955.1
(a) Except as provided in Sections 954.5 and 955 and subject to subdivisions (b) and (c), a transfer other than one intended to create a...
- California Civil Code Section 980
(a) (1) The author of any original work of authorship that is not fixed in any tangible medium of expression has an exclusive ownership in...
- California Civil Code Section 981
(a) Unless otherwise agreed, an original work of authorship not fixed in any tangible medium of expression and in the creation of which several persons...
- California Civil Code Section 982
(a) The owner of any rights in any original works of authorship not fixed in any tangible medium of expression may transfer the ownership therein....
- California Civil Code Section 983
If the owner of any invention or design intentionally makes it public, a copy or reproduction may be made public by any person, without responsiblily...
- California Civil Code Section 984
If the owner of an invention or design does not make it public, any other person subsequently and originally producing the same thing has the...
- California Civil Code Section 985
Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but they cannot be published against the...
- California Civil Code Section 986
(a) Whenever a work of fine art is sold and the seller resides in California or the sale takes place in California, the seller or...
- California Civil Code Section 987
(a) The Legislature hereby finds and declares that the physical alteration or destruction of fine art, which is an expression of the artist's personality, is...
- California Civil Code Section 988
(a) For the purpose of this section: (1) The term "artist" means the creator of a work of art. (2) The term "work of art"...
- California Civil Code Section 989
(a) The Legislature hereby finds and declares that there is a public interest in preserving the integrity of cultural and artistic creations. (b) As used...
- California Civil Code Section 994
Instruments essential to the title of real property, and which are not kept in a public office as a record, pursuant to law, belong to...
- California Civil Code Section 996
Whenever fur bearing animals, which are by their nature known as wild animals, have been brought into, or born in, restraint or captivity upon any...
- California Civil Code Section 997
In this state, for any purpose, porcelain painting and stained glass artistry shall be considered a fine art and not a craft.
- California Civil Code Section 998
Any private vendor of electronic data processing equipment or telecommunications goods and services may sell or lease equipment, goods, or services to a private school...
- California Civil Code Section 1000
Property is acquired by: 1. Occupancy; 2. Accession; 3. Transfer; 4. Will; or, 5. Succession.
- California Civil Code Section 1001
(a) As used in this section, "utility service" means water, gas, electric, drainage, sewer, or telephone service. (b) Any owner of real property may acquire...
- California Civil Code Section 1002
(a) Subject to the provisions of Article 3 (commencing with Section 1245.310) of Chapter 4 of Title 7 of Part 3 of the Code of...
- California Civil Code Section 1006
Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession;...
- California Civil Code Section 1007
Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a...
- California Civil Code Section 1008
No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the...
- California Civil Code Section 1009
(a) The Legislature finds that: (1) It is in the best interests of the state to encourage owners of private real property to continue to...
- California Civil Code Section 1013
When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as otherwise...
- California Civil Code Section 1013.5
(a) When any person, acting in good faith and, erroneously believing because of a mistake either of law or fact that he has a right...
- California Civil Code Section 1014
Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of...
- California Civil Code Section 1015
If a river or stream, navigable or not navigable, carries away, by sudden violence a considerable and distinguishable part of a bank, and bears it...
- California Civil Code Section 1016
Islands and accumulations of land, formed in the beds of streams which are navigable, belong to the State, if there is no title or prescription...
- California Civil Code Section 1017
An island, or an accumulation of land, formed in a stream which is not navigable, belongs to the owner of the shore on that side...
- California Civil Code Section 1018
If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore,...
- California Civil Code Section 1025
When things belonging to different owners have been united so as to form a single thing, and cannot be separated without injury, the whole belongs...
- California Civil Code Section 1026
That part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former,...
- California Civil Code Section 1027
If neither part can be considered the principal, within the rule prescribed by the last section, the more valuable, or, if the values are nearly...
- California Civil Code Section 1028
If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the...
- California Civil Code Section 1029
Where one has made use of materials which in part belong to him and in part to another, in order to form a thing of...
- California Civil Code Section 1030
When a thing has been formed by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner...
- California Civil Code Section 1031
The foregoing sections of this Article are not applicable to cases in which one willfully uses the materials of another without his consent; but, in...
- California Civil Code Section 1032
In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim...
- California Civil Code Section 1033
One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this Chapter.
- California Civil Code Section 1039
Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.
- California Civil Code Section 1040
A voluntary transfer is an executed contract, subject to all rules of law concerning contracts in general; except that a consideration is not necessary to...
- California Civil Code Section 1044
Property of any kind may be transferred, except as otherwise provided by this Article.
- California Civil Code Section 1045
A mere possibility, not coupled with an interest, cannot be transferred.
- California Civil Code Section 1046
A right of reentry, or of repossession for breach of condition subsequent, can be transferred.
- California Civil Code Section 1047
Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.
- California Civil Code Section 1052
A transfer may be made without writing, in every case in which a writing is not expressly required by statute. (1053.) Section Ten Hundred and...
- California Civil Code Section 1054
A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.
- California Civil Code Section 1055
A grant duly executed is presumed to have been delivered at its date.
- California Civil Code Section 1056
A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes...
- California Civil Code Section 1057
A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the...
- California Civil Code Section 1057.3
(a) It shall be the obligation of a buyer and seller who enter into a contract to purchase and sell real property to ensure that...
- California Civil Code Section 1057.5
Except for the normal compensation of his own employees, no person acting as an escrow agent whether required to be licensed as such or not,...
- California Civil Code Section 1057.6
In an escrow transaction for the purchase or simultaneous exchange of real property, where a policy of title insurance will not be issued to the...
- California Civil Code Section 1057.7
All written escrow instructions executed by a buyer or seller, whether prepared by a person subject to Division 6 (commencing with Section 17000) of the...
- California Civil Code Section 1058
Redelivering a grant of real property to the grantor, or canceling it, does not operate to retransfer the title.
- California Civil Code Section 1058.5
(a) A notice of nonacceptance of a recorded deed executed by a holder of a security interest, which notice identifies the security interest, contains a...
- California Civil Code Section 1059
Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases:...
- California Civil Code Section 1066
Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this Article.
- California Civil Code Section 1067
A clear and distinct limitation in a grant is not controlled by other words less clear and distinct.
- California Civil Code Section 1068
If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction.
- California Civil Code Section 1069
A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer...
- California Civil Code Section 1070
If several parts of a grant are absolutely irreconcilable, the former part prevails.
- California Civil Code Section 1072
Words of inheritance or succession are not requisite to transfer a fee in real property.
- California Civil Code Section 1084
The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer...
- California Civil Code Section 1085
A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not...
- California Civil Code Section 1086
As used in this article, the following terms have the meanings stated in this section: (a) "Property" means real property or a mobilehome, as defined...
- California Civil Code Section 1087
A multiple listing service is a facility of cooperation of agents and appraisers, operating through an intermediary which does not itself act as an agent...
- California Civil Code Section 1088
A listing may not be placed in a multiple listing service unless authorized or directed by the owner in the listing. If an agent or...
- California Civil Code Section 1089
An open listing may contain an agreement by the owner to pay the listing agent compensation in any amount, at any time, and for any...
- California Civil Code Section 1089.5
Subject to the limitations, conditions, and requirements of Chapter 18 (commencing with Section 10000) of Part 5 of Division 7 of the Probate Code, this...
- California Civil Code Section 1090
Nothing in this article shall preclude a listing agent from also being the selling agent.
- California Civil Code Section 1090.5
(a) No person with an interest in a real estate transaction involving an appraisal shall improperly influence or attempt to improperly influence, through coercion, extortion,...
- California Civil Code Section 1091
An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation...
- California Civil Code Section 1092
A grant of an estate in real property may be made in substance as follows: "I, AB, grant to CD all that real property situated...
- California Civil Code Section 1093
Absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained in one or...
- California Civil Code Section 1095
When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and...
- California Civil Code Section 1096
Any person in whom the title of real estate is vested, who shall afterwards, from any cause, have his or her name changed, must, in...
- California Civil Code Section 1097
No vendor or lessor of a single family residential property shall contract for or exact any fee in excess of ten dollars ($10) for the...
- California Civil Code Section 1098
A "transfer fee" is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document...
- California Civil Code Section 1098.5
(a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment...
- California Civil Code Section 1099
(a) As soon as practical before transfer of title of any real property or the execution of a real property sales contract as defined in...
- California Civil Code Section 1102
(a) Except as provided in Section 1102.2, this article applies to any transfer by sale, exchange, installment land sale contract, as defined in Section 2985,...
- California Civil Code Section 1102.1
(a) In enacting Chapter 817 of the Statutes of 1994, it was the intent of the Legislature to clarify and facilitate the use of the...
- California Civil Code Section 1102.2
This article does not apply to the following: (a) Transfers which are required to be preceded by the furnishing to a prospective transferee of a...
- California Civil Code Section 1102.3
The transferor of any real property subject to this article shall deliver to the prospective transferee the written statement required by this article, as follows:...
- California Civil Code Section 1102.3a
(a) The transferor of any manufactured home or mobilehome subject to this article shall deliver to the prospective transferee the written statement required by this...
- California Civil Code Section 1102.4
(a) Neither the transferor nor any listing or selling agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to...
- California Civil Code Section 1102.5
If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any act, occurrence, or agreement subsequent to the delivery...
- California Civil Code Section 1102.6
The disclosures required by this article pertaining to the property proposed to be transferred are set forth in, and shall be made on a copy...
- California Civil Code Section 1102.6a
(a) On and after July 1, 1990, any city or county may elect to require disclosures on the form set forth in subdivision (b) in...
- California Civil Code Section 1102.6b
(a) This section applies to all transfers of real property for which all of the following apply: (1) The transfer is subject to this article....
- California Civil Code Section 1102.6c
(a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of the seller of any real property...
- California Civil Code Section 1102.6d
Except for manufactured homes and mobilehomes located in a common interest development governed by Title 6 (commencing with Section 1351), the disclosures applicable to the...
- California Civil Code Section 1102.6e
If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall...
- California Civil Code Section 1102.7
Each disclosure required by this article and each act which may be performed in making the disclosure, shall be made in good faith. For purposes...
- California Civil Code Section 1102.8
The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law...
- California Civil Code Section 1102.9
Any disclosure made pursuant to this article may be amended in writing by the transferor or his or her agent, but the amendment shall be...
- California Civil Code Section 1102.10
Delivery of disclosures required by this article shall be by personal delivery to the tranferee or by mail to the prospective transferee. For the purposes...
- California Civil Code Section 1102.11
Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business...
- California Civil Code Section 1102.12
(a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has...
- California Civil Code Section 1102.13
No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article....
- California Civil Code Section 1102.14
(a) As used in this article, "listing agent" means listing agent as defined in subdivision (f) of Section 1086. (b) As used in this article,...
- California Civil Code Section 1102.15
The seller of residential real property subject to this article who has actual knowledge of any former federal or state ordnance locations within the neighborhood...
- California Civil Code Section 1102.16
The disclosure of the existence of any window security bars and any safety release mechanism on those window security bars shall be made pursuant to...
- California Civil Code Section 1102.17
The seller of residential real property subject to this article who has actual knowledge that the property is adjacent to, or zoned to allow, an...
- California Civil Code Section 1103
(a) Except as provided in Section 1103.1, this article applies to the transfer by sale, exchange, installment land sale contract, as defined in Section 2985,...
- California Civil Code Section 1103.1
(a) This article does not apply to the following transfers: (1) Transfers pursuant to court order, including, but not limited to, transfers ordered by a...
- California Civil Code Section 1103.2
(a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement:...
- California Civil Code Section 1103.3
(a) The transferor of any real property subject to this article shall deliver to the prospective transferee the written statement required by this article, as...
- California Civil Code Section 1103.4
(a) Neither the transferor nor any listing or selling agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to...
- California Civil Code Section 1103.5
(a) After a transferor and his or her agent comply with Section 1103.2, they shall be relieved of further duty under this article with respect...
- California Civil Code Section 1103.7
Each disclosure required by this article and each act that may be performed in making the disclosure shall be made in good faith. For purposes...
- California Civil Code Section 1103.8
(a) The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of...
- California Civil Code Section 1103.9
Any disclosure made pursuant to this article may be amended in writing by the transferor or his or her agent, but the amendment shall be...
- California Civil Code Section 1103.10
Delivery of disclosures required by this article shall be by personal delivery to the transferee or by mail to the prospective transferee. For the purposes...
- California Civil Code Section 1103.11
Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business...
- California Civil Code Section 1103.12
(a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has...
- California Civil Code Section 1103.13
No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article....
- California Civil Code Section 1103.14
(a) As used in this article, "listing agent" means listing agent as defined in subdivision (f) of Section 1086. (b) As used in this article,...
- California Civil Code Section 1104
A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person...
- California Civil Code Section 1105
A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a...
- California Civil Code Section 1106
Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title, or claim of title thereto, the...
- California Civil Code Section 1107
Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or...
- California Civil Code Section 1108
A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does...
- California Civil Code Section 1109
Where a grant is made upon condition subsequent, and is subsequently defeated by the non-performance of the condition, the person otherwise entitled to hold under...
- California Civil Code Section 1111
Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants; but no tenant who, before notice of...
- California Civil Code Section 1113
From the use of the word "grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the following...
- California Civil Code Section 1115
Lineal and collateral warrantees, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement...
- California Civil Code Section 1133
(a) If a lot, parcel, or unit of a subdivision is subject to a blanket encumbrance, as defined in Section 11013 of the Business and...
- California Civil Code Section 1134
(a) As soon as practicable before transfer of title for the first sale of a unit in a residential condominium, community apartment project, or stock...
- California Civil Code Section 1135
An interest in a ship can be transferred only by operation of law, or by written instrument, subscribed by the person making the transfer, or...
- California Civil Code Section 1140
(a) For purposes of this section: (1) The term "customer" means any individual or entity who causes or caused a molder to fabricate, cast, or...
- California Civil Code Section 1146
A gift is a transfer of personal property, made voluntarily, and without consideration.
- California Civil Code Section 1147
A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of...
- California Civil Code Section 1148
A gift, other than a gift in view of impending death, cannot be revoked by the giver.
- California Civil Code Section 1169
Instruments entitled to be recorded must be recorded by the County Recorder of the county in which the real property affected thereby is situated. (1170.)...
- California Civil Code Section 1171
Grants, absolute in terms, are to be recorded in one set of books, and mortgages in another.
- California Civil Code Section 1172
The duties of county recorders, in respect to recording instruments, are prescribed by the Government Code.
- California Civil Code Section 1173
The mode of recording transfers of ships registered under the laws of the United States is regulated by Acts of Congress.
- California Civil Code Section 1180
The proof or acknowledgment of an instrument may be made at any place within this state before a justice, retired justice, or clerk of the...
- California Civil Code Section 1181
The proof or acknowledgment of an instrument may be made before a notary public at any place within this state, or within the county or...
- California Civil Code Section 1182
The proof or acknowledgment of an instrument may be made without this state, but within the United States, and within the jurisdiction of the officer,...
- California Civil Code Section 1183
The proof or acknowledgment of an instrument may be made without the United States, before any of the following: (a) A minister, commissioner, or charge...
- California Civil Code Section 1183.5
Any officer on active duty or performing inactive-duty training in the armed forces having the general powers of a notary public pursuant to Section 936...
- California Civil Code Section 1184
When any of the officers mentioned in Sections 1180, 1181, 1182, and 1183 are authorized by a law to appoint a deputy, the acknowledgment or...
- California Civil Code Section 1185
(a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is...
- California Civil Code Section 1188
An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate substantially in the form prescribed in Section 1189.
- California Civil Code Section 1189
(a) (1) Any certificate of acknowledgment taken within this state shall be in the following form: State of California ) County of ___________ ) On...
- California Civil Code Section 1190
The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the form specified...
- California Civil Code Section 1193
Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures, followed by the names of...
- California Civil Code Section 1195
(a) Proof of the execution of an instrument, when not acknowledged, may be made any of the following: 1. By the party executing it, or...
- California Civil Code Section 1196
A witness shall be proved to be a subscribing witness by the oath of a credible witness who provides the officer with any document satisfying...
- California Civil Code Section 1197
The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and...
- California Civil Code Section 1198
The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one,...
- California Civil Code Section 1200
An officer taking proof of the execution of any instrument must, in his certificate indorsed thereon or attached thereto, set forth all the matters required...
- California Civil Code Section 1201
Officers authorized to take the proof of instruments are authorized in such proceedings: 1. To administer oaths or affirmations, as prescribed in Section 2093, CODE...
- California Civil Code Section 1202
When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, any party interested may have an action in...
- California Civil Code Section 1203
Any person interested under an instrument entitled to be proved for record, may institute an action in the superior court against the proper parties to...
- California Civil Code Section 1204
A certified copy of the judgment in a proceeding instituted under either of the two preceding sections, showing the proof of the instrument, and attached...
- California Civil Code Section 1205
The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before this Code goes into effect, executed, acknowledged,...
- California Civil Code Section 1206
All conveyances of real property made before this Code goes into effect, and acknowledged or proved according to the laws in force at the time...
- California Civil Code Section 1207
Any instrument affecting the title to real property, one year after the same has been copied into the proper book of record, kept in the...
- California Civil Code Section 1213
Every conveyance of real property or an estate for years therein acknowledged or proved and certified and recorded as prescribed by law from the time...
- California Civil Code Section 1214
Every conveyance of real property or an estate for years therein, other than a lease for a term not exceeding one year, is void as...
- California Civil Code Section 1215
The term "conveyance," as used in Sections 1213 and 1214, embraces every instrument in writing by which any estate or interest in real property is...
- California Civil Code Section 1216
No power contained in an instrument to convey or execute instruments affecting real property which has been recorded is revoked by any act of the...
- California Civil Code Section 1217
An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
- California Civil Code Section 1218
A certified copy of an instrument affecting the title to real property, once recorded, or a certified copy of the record of such instrument may...
- California Civil Code Section 1219
Oil and gas leases may be acknowledged or proved, certified and recorded in like manner and with like effect, as grants of real property; provided,...
- California Civil Code Section 1220
Contracts for the purchase or sale of standing timber or trees, for severance or otherwise, and all instruments in writing by which any estate or...
- California Civil Code Section 1227
Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made...
- California Civil Code Section 1228
No instrument is to be avoided under the last section, in favor of a subsequent purchaser or incumbrancer having notice thereof at the time his...
- California Civil Code Section 1229
Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of, an estate in real property, is reserved to...
- California Civil Code Section 1230
Where a person having a power of revocation, within the provisions of the last section, is not entitled to execute it until after the time...
- California Civil Code Section 1231
Other provisions concerning unlawful transfers are contained in Part II, Division Fourth, of this Code, concerning the Special Relations of Debtor and Creditor.
- California Civil Code Section 1350
This title shall be known and may be cited as the Davis-Stirling Common Interest Development Act.
- California Civil Code Section 1350.5
Division, part, title, chapter, and section headings do not in any manner affect the scope, meaning, or intent of this title.
- California Civil Code Section 1350.7
(a) This section applies to delivery of a document to the extent the section is made applicable by another provision of this title. (b) A...
- California Civil Code Section 1351
As used in this title, the following terms have the following meanings: (a) "Association" means a nonprofit corporation or unincorporated association created for the purpose...
- California Civil Code Section 1352
This title applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in...
- California Civil Code Section 1352.5
(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) Notwithstanding any other...
- California Civil Code Section 1353
(a) (1) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that...
- California Civil Code Section 1353.5
(a) Except as required for the protection of the public health or safety, no declaration or other governing document shall limit or prohibit, or be...
- California Civil Code Section 1353.6
(a) The governing documents, including the operating rules, may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in an...
- California Civil Code Section 1353.7
(a) No common interest development may require a homeowner to install or repair a roof in a manner that is in violation of Section 13132.7...
- California Civil Code Section 1353.8
The architectural guidelines of a common interest development shall not prohibit or include conditions that have the effect of prohibiting the use of low water-using...
- California Civil Code Section 1354
(a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all...
- California Civil Code Section 1355
(a) The declaration may be amended pursuant to the governing documents or this title. Except as provided in Section 1356, an amendment is effective after...
- California Civil Code Section 1355.5
(a) Notwithstanding any provision of the governing documents of a common interest development to the contrary, the board of directors of the association may, after...
- California Civil Code Section 1356
(a) If in order to amend a declaration, the declaration requires owners having more than 50 percent of the votes in the association, in a...
- California Civil Code Section 1357
(a) The Legislature finds that there are common interest developments that have been created with deed restrictions which do not provide a means for the...
- California Civil Code Section 1357.100
As used in this article: (a) "Operating rule" means a regulation adopted by the board of directors of the association that applies generally to the...
- California Civil Code Section 1357.110
An operating rule is valid and enforceable only if all of the following requirements are satisfied: (a) The rule is in writing. (b) The rule...
- California Civil Code Section 1357.120
(a) Sections 1357.130 and 1357.140 only apply to an operating rule that relates to one or more of the following subjects: (1) Use of the...
- California Civil Code Section 1357.130
(a) The board of directors shall provide written notice of a proposed rule change to the members at least 30 days before making the rule...
- California Civil Code Section 1357.140
(a) Members of an association owning 5 percent or more of the separate interests may call a special meeting of the members to reverse a...
- California Civil Code Section 1357.150
(a) This article applies to a rule change commenced on or after January 1, 2004. (b) Nothing in this article affects the validity of a...
- California Civil Code Section 1358
(a) In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in...
- California Civil Code Section 1359
(a) Except as provided in this section, the common areas in a condominium project shall remain undivided, and there shall be no judicial partition thereof....
- California Civil Code Section 1360
(a) Subject to the provisions of the governing documents and other applicable provisions of law, if the boundaries of the separate interest are contained within...
- California Civil Code Section 1360.5
(a) No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet within the...
- California Civil Code Section 1361
Unless the declaration otherwise provides: (a) In a community apartment project and condominium project, and in those planned developments with common areas owned in common...
- California Civil Code Section 1361.5
Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may...
- California Civil Code Section 1362
Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common areas are owned by the owners of...
- California Civil Code Section 1363
(a) A common interest development shall be managed by an association that may be incorporated or unincorporated. The association may be referred to as a...
- California Civil Code Section 1363.001
To the extent existing funds are available, the Department of Consumer Affairs and the Department of Real Estate shall develop an on-line education course for...
- California Civil Code Section 1363.03
(a) An association shall adopt rules, in accordance with the procedures prescribed by Article 4 (commencing with Section 1357.100) of Chapter 2, that do all...
- California Civil Code Section 1363.04
(a) Association funds shall not be used for campaign purposes in connection with any association board election. Funds of the association shall not be used...
- California Civil Code Section 1363.05
(a) This section shall be known and may be cited as the Common Interest Development Open Meeting Act. (b) Any member of the association may...
- California Civil Code Section 1363.07
(a) After an association acquires fee title to, or any easement right over, a common area, unless the association's governing documents specify a different percentage,...
- California Civil Code Section 1363.09
(a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by an association...
- California Civil Code Section 1363.1
(a) A prospective managing agent of a common interest development shall provide a written statement to the board of directors of the association of a...
- California Civil Code Section 1363.2
(a) A managing agent of a common interest development who accepts or receives funds belonging to the association shall deposit all such funds that are...
- California Civil Code Section 1363.5
(a) The articles of incorporation of a common interest development association filed with the Secretary of State on or after January 1, 1995, shall include...
- California Civil Code Section 1363.6
(a) To assist with the identification of common interest developments, each association, whether incorporated or unincorporated, shall submit to the Secretary of State, on a...
- California Civil Code Section 1363.810
(a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this title, under the Nonprofit...
- California Civil Code Section 1363.820
(a) An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article. (b) In developing a...
- California Civil Code Section 1363.830
A fair, reasonable, and expeditious dispute resolution procedure shall at a minimum satisfy all of the following requirements: (a) The procedure may be invoked by...
- California Civil Code Section 1363.840
(a) This section applies in an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure provided in this...
- California Civil Code Section 1363.850
The notice provided pursuant to Section 1369.590 shall include a description of the internal dispute resolution process provided pursuant to this article.
- California Civil Code Section 1364
(a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common areas, other...
- California Civil Code Section 1365
Unless the governing documents impose more stringent standards, the association shall prepare and distribute to all of its members the following documents: (a) A pro...
- California Civil Code Section 1365.1
(a) The association shall distribute the written notice described in subdivision (b) to each member of the association during the 60-day period immediately preceding the...
- California Civil Code Section 1365.2
(a) For the purposes of this section, the following definitions shall apply: (1) "Association records" means all of the following: (A) Any financial document required...
- California Civil Code Section 1365.2.5
(a) The disclosures required by this article with regard to an association or a property shall be summarized on the following form: Assessment and Reserve...
- California Civil Code Section 1365.3
Unless the governing documents impose more stringent standards, any community service organization as defined in paragraph (3) of subdivision (c) of Section 1368 whose funding...
- California Civil Code Section 1365.5
(a) Unless the governing documents impose more stringent standards, the board of directors of the association shall do all of the following: (1) Review a...
- California Civil Code Section 1365.6
Notwithstanding any other law, and regardless of whether an association is a corporation, as defined in Section 162 of the Corporations Code, the provisions of...
- California Civil Code Section 1365.7
(a) A volunteer officer or volunteer director of an association, as defined in subdivision (a) of Section 1351, which manages a common interest development that...
- California Civil Code Section 1365.9
(a) It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that...
- California Civil Code Section 1366
(a) Except as provided in this section, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and...
- California Civil Code Section 1366.1
An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.
- California Civil Code Section 1366.2
(a) In order to facilitate the collection of regular assessments, special assessments, transfer fees, and similar charges, the board of directors of any association is...
- California Civil Code Section 1367
(a) A regular or special assessment and any late charges, reasonable costs of collection, and interest, as assessed in accordance with Section 1366, shall be...
- California Civil Code Section 1367.1
(a) A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and interest, if any,...
- California Civil Code Section 1367.4
(a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on...
- California Civil Code Section 1367.5
If it is determined through dispute resolution pursuant to the association's "meet and confer" program required in Article 5 (commencing with Section 1363.810) of Chapter...
- California Civil Code Section 1367.6
(a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association,...
- California Civil Code Section 1368
(a) The owner of a separate interest, other than an owner subject to the requirements of Section 11018.6 of the Business and Professions Code, shall,...
- California Civil Code Section 1368.1
(a) Any rule or regulation of an association that arbitrarily or unreasonably restricts an owner's ability to market his or her interest in a common...
- California Civil Code Section 1368.3
An association established to manage a common interest development has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in...
- California Civil Code Section 1368.4
(a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 1368.3, the amount of damages recovered by the...
- California Civil Code Section 1368.5
(a) Not later than 30 days prior to the filing of any civil action by the association against the declarant or other developer of a...
- California Civil Code Section 1369
In a condominium project, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the...
- California Civil Code Section 1369.510
As used in this article: (a) "Alternative dispute resolution" means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking...
- California Civil Code Section 1369.520
(a) An association or an owner or a member of a common interest development may not file an enforcement action in the superior court unless...
- California Civil Code Section 1369.530
(a) Any party to a dispute may initiate the process required by Section 1369.520 by serving on all other parties to the dispute a Request...
- California Civil Code Section 1369.540
(a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90...
- California Civil Code Section 1369.550
If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled...
- California Civil Code Section 1369.560
(a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that...
- California Civil Code Section 1369.570
(a) After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred action...
- California Civil Code Section 1369.580
In an enforcement action in which fees and costs may be awarded pursuant to subdivision (c) of Section 1354, the court, in determining the amount...
- California Civil Code Section 1369.590
(a) An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall include...
- California Civil Code Section 1370
Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and...
- California Civil Code Section 1371
In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are contained...
- California Civil Code Section 1372
Unless a contrary intent is clearly expressed, local zoning ordinances shall be construed to treat like structures, lots, parcels, areas, or spaces in like manner...
- California Civil Code Section 1373
(a) The following provisions do not apply to a common interest development that is limited to industrial or commercial uses by zoning or by a...
- California Civil Code Section 1374
Nothing in this title may be construed to apply to a development wherein there does not exist a common area as defined in subdivision (b)...
- California Civil Code Section 1375
(a) Before an association files a complaint for damages against a builder, developer, or general contractor ("respondent") of a common interest development based upon a...
- California Civil Code Section 1375.05
(a) Upon the completion of the mandatory prefiling dispute resolution process described in Section 1375, if the parties have not settled the matter, the association...
- California Civil Code Section 1375.1
(a) As soon as is reasonably practicable after the association and the builder have entered into a settlement agreement or the matter has otherwise been...
- California Civil Code Section 1376
(a) Any covenant, condition, or restriction contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest...
- California Civil Code Section 1378
(a) This section applies if an association's governing documents require association approval before an owner of a separate interest may make a physical change to...
- California Civil Code Section 1410a
The entire flow of water in any natural stream which carries water from the State of California into any other state is subject to use...
- California Civil Code Section 1414
As between appropriators, the one first in time is the first in right.
- California Civil Code Section 1415
A person desiring to appropriate water must post a notice, in writing, in a conspicuous place at the point of intended diversion, stating therein: 1....
- California Civil Code Section 1416
Within sixty days after the notice is posted, the claimant must commence the excavation or construction of the works in which he intends to divert...
- California Civil Code Section 1417
By "completion" is meant conducting the waters to the place of intended use.
- California Civil Code Section 1418
By a compliance with the above rules the claimant's right to the use of the water relates back to the time the notice was posted.
- California Civil Code Section 1419
A failure to comply with such rules deprives the claimants of the right to the use of the water as against a subsequent claimant who...
- California Civil Code Section 1420
Persons who have heretofore claimed the right to water, and who have not constructed works in which to divert it, and who have not diverted...
- California Civil Code Section 1421
The Recorder of each county must keep a book, in which he must record the notices provided for in this Title.
- California Civil Code Section 1422
If the place of intended diversion or any part of the route of intended conveyance of water so claimed, be within, and a part of,...
- California Civil Code Section 1427
An obligation is a legal duty, by which a person is bound to do or not to do a certain thing. (1428.) Section Fourteen Hundred...
- California Civil Code Section 1429
The rules which govern the interpretation of contracts are prescribed by Part II of this Division. Other obligations are interpreted by the same rules by...
- California Civil Code Section 1430
An obligation imposed upon several persons, or a right created in favor of several persons, may be: 1. Joint; 2. Several; or, 3. Joint and
- California Civil Code Section 1431
Joint Liability An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several,...
- California Civil Code Section 1431.1
Findings and Declaration of Purpose The People of the State of California find and declare as follows: a) The legal doctrine of joint and several...
- California Civil Code Section 1431.2
Several Liability for Non-economic Damages (a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability...
- California Civil Code Section 1431.3
Nothing contained in this measure is intended, in any way, to alter the law of immunity.
- California Civil Code Section 1431.4
Amendment or Repeal of Measure. This measure may be amended or repealed by either of the procedures set forth in this section. If any portion...
- California Civil Code Section 1431.5
Severability. If any provision of this measure, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder...
- California Civil Code Section 1432
Except as provided in Section 877 of the Code of Civil Procedure, a party to a joint, or joint and several obligation, who satisfies more...
- California Civil Code Section 1434
An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.
- California Civil Code Section 1435
Conditions may be precedent, concurrent, or subsequent.
- California Civil Code Section 1436
A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.
- California Civil Code Section 1437
Conditions concurrent are those which are mutually dependent, and are to be performed at the same time.
- California Civil Code Section 1438
A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party,...
- California Civil Code Section 1439
Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon...
- California Civil Code Section 1440
If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his...
- California Civil Code Section 1441
A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts, or...
- California Civil Code Section 1442
A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.
- California Civil Code Section 1448
If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless...
- California Civil Code Section 1449
If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time,...
- California Civil Code Section 1450
The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and...
- California Civil Code Section 1451
If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance,...
- California Civil Code Section 1457
The burden of an obligation may be transferred with the consent of the party entitled to its benefit, but not otherwise, except as provided by...
- California Civil Code Section 1458
A right arising out of an obligation is the property of the person to whom it is due, and may be transferred as such.
- California Civil Code Section 1459
A non-negotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments. Such indorsement...
- California Civil Code Section 1460
Certain covenants, contained in grants of estates in real property, are appurtenant to such estates, and pass with them, so as to bind the assigns...
- California Civil Code Section 1461
The only covenants which run with the land are those specified in this Title, and those which are incidental thereto.
- California Civil Code Section 1462
Every covenant contained in a grant of an estate in real property, which is made for the direct benefit of the property, or some part...
- California Civil Code Section 1463
The last section includes covenants "of warranty," "for quiet enjoyment," or for further assurance on the part of a grantor, and covenants for the payment...
- California Civil Code Section 1465
A covenant running with the land binds those only who acquire the whole estate of the covenantor in some part of the property.
- California Civil Code Section 1466
No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for a breach of the...
- California Civil Code Section 1467
Where several persons, holding by several titles, are subject to the burden or entitled to the benefit of a covenant running with the land, it...
- California Civil Code Section 1468
Each covenant, made by an owner of land with the owner of other land or made by a grantor of land with the grantee of...
- California Civil Code Section 1469
Each covenant made by the lessor in a lease of real property to do any act or acts on other real property which is owned...
- California Civil Code Section 1470
Each covenant made by the lessor in a lease of real property not to use or permit to be used contrary to the terms of...
- California Civil Code Section 1471
(a) Notwithstanding Section 1468 or any other provision of law, a covenant made by an owner of land or by the grantee of land to...
- California Civil Code Section 1473
Full performance of an obligation, by the party whose duty it is to perform it, or by any other person on his behalf, and with...
- California Civil Code Section 1474
Performance of an obligation, by one of several persons who are jointly liable under it, extinguishes the liability of all.
- California Civil Code Section 1475
An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by...
- California Civil Code Section 1476
If a creditor, or any one of two or more joint creditors, at any time directs the debtor to perform his obligation in a particular...
- California Civil Code Section 1477
A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but...
- California Civil Code Section 1478
Performance of an obligation for the delivery of money only, is called payment. (1479.) Section Fourteen Hundred and Seventy-nine. Where a debtor, under several obligations...
- California Civil Code Section 1485
An obligation is extinguished by an offer of performance, made in conformity to the rules herein prescribed, and with intent to extinguish the obligation.
- California Civil Code Section 1486
An offer of partial performance is of no effect.
- California Civil Code Section 1487
An offer of performance must be made by the debtor, or by some person on his behalf and with his assent. (1488.) Section Fourteen Hundred...
- California Civil Code Section 1489
In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor: 1. At...
- California Civil Code Section 1490
Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before...
- California Civil Code Section 1491
Where an obligation does not fix the time for its performance, an offer of performance may be made at any time before the debtor, upon...
- California Civil Code Section 1492
Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the...
- California Civil Code Section 1493
An offer of performance must be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor.
- California Civil Code Section 1494
An offer of performance must be free from any conditions which the creditor is not bound, on his part, to perform.
- California Civil Code Section 1495
An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.
- California Civil Code Section 1496
The thing to be delivered, if any, need not in any case be actually produced, upon an offer of performance, unless the offer is accepted.
- California Civil Code Section 1497
A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty.
- California Civil Code Section 1498
When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer...
- California Civil Code Section 1499
A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.
- California Civil Code Section 1500
An obligation for the payment of money is extinguished by a due offer of payment, if the amount is immediately deposited in the name of...
- California Civil Code Section 1501
All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making...
- California Civil Code Section 1502
The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention...
- California Civil Code Section 1503
The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain...
- California Civil Code Section 1504
An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running...
- California Civil Code Section 1505
If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it...
- California Civil Code Section 1511
The want of performance of an obligation, or of an offer of performance, in whole or in part, or any delay therein, is excused by...
- California Civil Code Section 1514
If performance of an obligation is prevented by any cause excusing performance, other than the act of the creditor, the debtor is entitled to a...
- California Civil Code Section 1515
A refusal by a creditor to accept performance, made before an offer thereof, is equivalent to an offer and refusal, unless, before performance is actually...
- California Civil Code Section
(1521.) Section Fifteen Hundred and Twenty-one. An accord is an agreement to accept, in extinction of an obligation, something different from or less than that...
- California Civil Code Section 1522
Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed.
- California Civil Code Section 1523
Acceptance, by the creditor, of the consideration of an accord extinguishes the obligation, and is called satisfaction. (1524.) Section Fifteen Hundred and Twenty-four. Part performance...
- California Civil Code Section 1525
It is the public policy of this State, in the best interests of the taxpayer and of the litigant, to encourage fair dealing and to...
- California Civil Code Section 1526
(a) Where a claim is disputed or unliquidated and a check or draft is tendered by the debtor in settlement thereof in full discharge of...
- California Civil Code Section 1530
Novation is the substitution of a new obligation for an existing one.
- California Civil Code Section 1531
Novation is made: 1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation; 2. By the...
- California Civil Code Section 1532
Novation is made by contract, and is subject to all the rules concerning contracts in general. (1533.) Section Fifteen Hundred and Thirty-three. When the obligation...
- California Civil Code Section 1541
An obligation is extinguished by a release therefrom given to the debtor by the creditor, upon a new consideration, or in writing, with or without...
- California Civil Code Section 1542
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the...
- California Civil Code Section 1542.1
Notwithstanding Section 1542, a provider of health care, as defined in Section 56.05, or its officers, employees, agents, or subcontractors, shall release the state and...
- California Civil Code Section 1543
A release of one of two or more joint debtors does not extinguish the obligations of any of the others, unless they are mere guarantors;...
- California Civil Code Section 1549
A contract is an agreement to do or not to do a certain thing.
- California Civil Code Section 1550
It is essential to the existence of a contract that there should be: 1. Parties capable of contracting; 2. Their consent; 3. A lawful object;...
- California Civil Code Section 1556
All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights.
- California Civil Code Section 1557
(a) The capacity of a minor to contract is governed by Division 11 (commencing with Section 6500) of the Family Code. (b) The capacity of...
- California Civil Code Section 1558
It is essential to the validity of a contract, not only that the parties should exist, but that it should be possible to identify them.
- California Civil Code Section 1559
A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.
- California Civil Code Section 1565
The consent of the parties to a contract must be: 1. Free; 2. Mutual; and, 3. Communicated by each to the other.
- California Civil Code Section 1566
A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by the Chapter...
- California Civil Code Section 1567
An apparent consent is not real or free when obtained through: 1. Duress; 2. Menace; 3. Fraud; 4. Undue influence; or, 5. Mistake.
- California Civil Code Section 1568
Consent is deemed to have been obtained through one of the causes mentioned in the last section only when it would not have been given...
- California Civil Code Section 1569
Duress consists in: 1. Unlawful confinement of the person of the party, or of the husband or wife of such party, or of an ancestor,...
- California Civil Code Section 1570
Menace consists in a threat: 1. Of such duress as is specified in Subdivisions 1 and 3 of the last section; 2. Of unlawful and...
- California Civil Code Section 1571
Fraud is either actual or constructive.
- California Civil Code Section 1572
Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his...
- California Civil Code Section 1573
Constructive fraud consists: 1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any...
- California Civil Code Section 1574
Actual fraud is always a question of fact.
- California Civil Code Section 1575
Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority...
- California Civil Code Section 1576
Mistake may be either of fact or law.
- California Civil Code Section 1577
Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and...
- California Civil Code Section 1578
Mistake of law constitutes a mistake, within the meaning of this Article, only when it arises from: 1. A misapprehension of the law by all...
- California Civil Code Section 1579
Mistake of foreign laws is a mistake of fact.
- California Civil Code Section 1580
Consent is not mutual, unless the parties all agree upon the same thing in the same sense. But in certain cases defined by the Chapter...
- California Civil Code Section 1581
Consent can be communicated with effect, only by some act or omission of the party contracting, by which he intends to communicate it, or which...
- California Civil Code Section 1582
If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless they are conformed to; but in other...
- California Civil Code Section 1583
Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course...
- California Civil Code Section 1584
Performance of the conditions of a proposal, or the acceptance of the consideration offered with a proposal, is an acceptance of the proposal.
- California Civil Code Section 1584.5
No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares,...
- California Civil Code Section 1584.6
If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members, and the person...
- California Civil Code Section 1585
An acceptance must be absolute and unqualified, or must include in itself an acceptance of that character which the proposer can separate from the rest,...
- California Civil Code Section 1586
A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards.
- California Civil Code Section 1587
A proposal is revoked: 1. By the communication of notice of revocation by the proposer to the other party, in the manner prescribed by Sections...
- California Civil Code Section 1588
A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent.
- California Civil Code Section 1589
A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the...
- California Civil Code Section 1590
Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption...
- California Civil Code Section 1595
The object of a contract is the thing which it is agreed, on the part of the party receiving the consideration, to do or not...
- California Civil Code Section 1596
The object of a contract must be lawful when the contract is made, and possible and ascertainable by the time the contract is to be
- California Civil Code Section 1597
Everything is deemed possible except that which is impossible in the nature of things.
- California Civil Code Section 1598
Where a contract has but a single object, and such object is unlawful, whether in whole or in part, or wholly impossible of performance, or...
- California Civil Code Section 1599
Where a contract has several distinct objects, of which one at least is lawful, and one at least is unlawful, in whole or in part,...
- California Civil Code Section 1605
Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any...
- California Civil Code Section 1606
An existing legal obligation resting upon the promisor, or a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the...
- California Civil Code Section 1607
The consideration of a contract must be lawful within the meaning of Section 1667.
- California Civil Code Section 1608
If any part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract...
- California Civil Code Section 1609
A consideration may be executed or executory, in whole or in part. In so far as it is executory it is subject to the provisions...
- California Civil Code Section 1610
When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be...
- California Civil Code Section 1611
When a contract does not determine the amount of the consideration, nor the method by which it is to be ascertained, or when it leaves...
- California Civil Code Section 1612
Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the...
- California Civil Code Section 1613
Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face, but in fact...
- California Civil Code Section 1614
A written instrument is presumptive evidence of a consideration.
- California Civil Code Section 1615
The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.
- California Civil Code Section 1619
A contract is either express or implied.
- California Civil Code Section 1620
An express contract is one, the terms of which are stated in words.
- California Civil Code Section 1621
An implied contract is one, the existence and terms of which are manifested by conduct.
- California Civil Code Section 1622
All contracts may be oral, except such as are specially required by statute to be in writing.
- California Civil Code Section 1623
Where a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party...
- California Civil Code Section 1624
(a) The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged...
- California Civil Code Section 1624.5
(a) Except in the cases described in subdivision (b), a contract for the sale of personal property is not enforceable by way of action or...
- California Civil Code Section 1625
The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the negotiations or stipulations concerning its...
- California Civil Code Section 1626
A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to his agent.
- California Civil Code Section 1627
The provisions of the Chapter on Transfers in General, concerning the delivery of grants, absolute and conditional, apply to all written contracts.
- California Civil Code Section 1628
A corporate or official seal may be affixed to an instrument by a mere impression upon the paper or other material on which such instrument...
- California Civil Code Section 1629
All distinctions between sealed and unsealed instruments are abolished.
- California Civil Code Section 1630
Except as provided in Section 1630.5, a printed contract of bailment providing for the parking or storage of a motor vehicle shall not be binding,...
- California Civil Code Section 1630.5
The provisions of any contract of bailment for the parking or storage of a motor vehicle shall not exempt the bailee from liability, either in...
- California Civil Code Section 1631
Every person in this State who sells machinery used or to be used for mining purposes shall, at the time of sale, give to the...
- California Civil Code Section 1632
(a) The Legislature hereby finds and declares all of the following: (1) This section was enacted in 1976 to increase consumer information and protections for...
- California Civil Code Section 1632
(a) The Legislature hereby finds and declares all of the following: (1) This section was enacted in 1976 to increase consumer information and protections for...
- California Civil Code Section 1633
(a) Notwithstanding any other provision of law, an application by a prospective customer to enter into a brokerage agreement with a broker-dealer, which application is...
- California Civil Code Section 1633.1
This title may be cited as the Uniform Electronic Transactions Act.
- California Civil Code Section 1633.2
In this title the following terms have the following definitions: (a) "Agreement" means the bargain of the parties in fact, as found in their language...
- California Civil Code Section 1633.3
(a) Except as otherwise provided in subdivisions (b) and (c), this title applies to electronic records and electronic signatures relating to a transaction. (b) This...
- California Civil Code Section 1633.4
This title applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2000.
- California Civil Code Section 1633.5
(a) This title does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic...
- California Civil Code Section 1633.6
This title shall be construed and applied according to all of the following: (1) To facilitate electronic transactions consistent with other applicable law. (2) To...
- California Civil Code Section 1633.7
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not...
- California Civil Code Section 1633.8
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in...
- California Civil Code Section 1633.9
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person...
- California Civil Code Section 1633.10
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the...
- California Civil Code Section 1633.11
(a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes,...
- California Civil Code Section 1633.12
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record,...
- California Civil Code Section 1633.13
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
- California Civil Code Section 1633.14
(a) In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even...
- California Civil Code Section 1633.15
(a) Unless the sender and the recipient agree to a different method of sending that is reasonable under the circumstances, an electronic record is sent...
- California Civil Code Section 1633.16
If a law other than this title requires that a notice of the right to cancel be provided or sent, an electronic record may not...
- California Civil Code Section 1633.17
No state agency, board, or commission may require, prohibit, or regulate the use of an electronic signature in a transaction in which the agency, board,...
- California Civil Code Section 1635
All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code.
- California Civil Code Section 1636
A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting,...
- California Civil Code Section 1637
For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be
- California Civil Code Section 1638
The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity.
- California Civil Code Section 1639
When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to...
- California Civil Code Section 1640
When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and...
- California Civil Code Section 1641
The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to...
- California Civil Code Section 1642
Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together.
- California Civil Code Section 1643
A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can...
- California Civil Code Section 1644
The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used...
- California Civil Code Section 1645
Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a...
- California Civil Code Section 1646
A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does...
- California Civil Code Section 1646.5
Notwithstanding Section 1646, the parties to any contract, agreement, or undertaking, contingent or otherwise, relating to a transaction involving in the aggregate not less than...
- California Civil Code Section 1647
A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.
- California Civil Code Section 1648
However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract.
- California Civil Code Section 1649
If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed,...
- California Civil Code Section 1650
Particular clauses of a contract are subordinate to its general intent.
- California Civil Code Section 1651
Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties,...
- California Civil Code Section 1652
Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the...
- California Civil Code Section 1653
Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, are to be rejected.
- California Civil Code Section 1654
In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused...
- California Civil Code Section 1655
Stipulations which are necessary to make a contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract manifests no...
- California Civil Code Section 1656
All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom,...
- California Civil Code Section 1656.1
(a) Whether a retailer may add sales tax reimbursement to the sales price of the tangible personal property sold at retail to a purchaser depends...
- California Civil Code Section 1657
If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in...
- California Civil Code Section 1659
Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be...
- California Civil Code Section 1660
A promise, made in the singular number, but executed by several persons, is presumed to be joint and several.
- California Civil Code Section 1661
An executed contract is one, the object of which is fully performed. All others are executory.
- California Civil Code Section 1662
Any contract hereafter made in this State for the purchase and sale of real property shall be interpreted as including an agreement that the parties...
- California Civil Code Section 1663
(a) As used in this section, the following terms shall have the following meanings: (1) "Euro" means the currency of participating member states of the...
- California Civil Code Section 1667
That is not lawful which is: 1. Contrary to an express provision of law; 2. Contrary to the policy of express law, though not expressly...
- California Civil Code Section 1668
All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the...
- California Civil Code Section 1669
Every contract in restraint of the marriage of any person, other than a minor, is void.
- California Civil Code Section 1669.5
(a) Any contract for the payment of money or other consideration to a minor who has been alleged to be the victim of an unlawful...
- California Civil Code Section 1669.7
A contract for the payment of money or other consideration in violation of Section 132.5 of the Penal Code is void as contrary to public...
- California Civil Code Section 1670
Any dispute arising from a construction contract with a public agency, which contract contains a provision that one party to the contract or one party's...
- California Civil Code Section 1670.5
(a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time...
- California Civil Code Section 1670.6
A contract with a consumer located in California for the purchase of a good or service that is made in connection with a telephone solicitation...
- California Civil Code Section 1670.7
Any provision of a contract that purports to allow a deduction from a person's wages for the cost of emigrating and transporting that person to...
- California Civil Code Section 1671
(a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the...
- California Civil Code Section 1675
(a) As used in this section, "residential property" means real property primarily consisting of a dwelling that meets both of the following requirements: (1) The...
- California Civil Code Section 1675
(a) As used in this section, "residential property" means real property primarily consisting of a dwelling that meets both of the following requirements: (1) The...
- California Civil Code Section 1676
Except as provided in Section 1675, a provision in a contract to purchase and sell real property liquidating the damages to the seller if the...
- California Civil Code Section 1677
A provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to complete the purchase...
- California Civil Code Section 1678
If more than one payment made by the buyer is to constitute liquidated damages under Section 1675, the amount of any payment after the first...
- California Civil Code Section 1679
This chapter applies only to a provision for liquidated damages to the seller if the buyer fails to complete the purchase of real property. The...
- California Civil Code Section 1680
Nothing in this chapter affects any right a party to a contract for the purchase and sale of real property may have to obtain specific
- California Civil Code Section 1681
This chapter does not apply to real property sales contracts as defined in Section 2985.
- California Civil Code Section 1682
A contract may be extinguished in like manner with any other obligation, and also in the manner prescribed by this Title.
- California Civil Code Section 1688
A contract is extinguished by its rescission.
- California Civil Code Section 1689
(a) A contract may be rescinded if all the parties thereto consent. (b) A party to a contract may rescind the contract in the following...
- California Civil Code Section 1689.2
A participant in an endless chain scheme, as defined in Section 327 of the Penal Code, may rescind the contract upon which the scheme is...
- California Civil Code Section 1689.3
Any patient who contracts directly with a dental office or plan for services may rescind the contract or plan until midnight of the third business...
- California Civil Code Section 1689.5
As used in Sections 1689.6 to 1689.11, inclusive, and in Section 1689.14: (a) "Home solicitation contract or offer" means any contract, whether single or multiple,...
- California Civil Code Section 1689.6
(a) (1) Except for a contract written pursuant to Section 7151.2 or 7159.10 of the Business and Professions Code, in addition to any other right...
- California Civil Code Section 1689.7
(a) (1) Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the Business and Professions Code, in a home solicitation contract or offer,...
- California Civil Code Section 1689.8
(a) Every home solicitation contract or offer for home improvement goods or services which provides for a lien on real property is subject to the...
- California Civil Code Section 1689.9
Where the goods sold under any home solicitation contract are so affixed to real property as to become a part thereof, whether or not severable...
- California Civil Code Section 1689.10
(a) Except as provided in Sections 1689.6 to 1689.11, inclusive, within 10 days after a home solicitation contract or offer has been canceled, the seller...
- California Civil Code Section 1689.11
(a) Except as provided in subdivision (c) of Section 1689.10, within 20 days after a home solicitation contract or offer has been canceled, the buyer,...
- California Civil Code Section 1689.12
Any waiver or confession of judgment of the provisions of Sections 1689.5 to 1689.11, inclusive, shall be deemed contrary to public policy and shall be...
- California Civil Code Section 1689.13
Sections 1689.5, 1689.6, 1689.7, 1689.10, 1689.12, and 1689.14 do not apply to a contract that meets all of the following requirements: (a) The contract is...
- California Civil Code Section 1689.14
(a) Any home solicitation contract or offer for the repair or restoration of residential premises signed by the buyer on or after the date on...
- California Civil Code Section 1689.15
Notwithstanding any other provision of law, a contractor who is duly licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the...
- California Civil Code Section 1689.20
(a) In addition to any other right to revoke an offer, the buyer has the right to cancel a seminar sales solicitation contract or offer...
- California Civil Code Section 1689.21
(a) In a seminar sales solicitation contract or offer, the buyer's agreement or offer to purchase shall be written in the same language, e.g., Spanish,...
- California Civil Code Section 1689.22
(a) Except as provided in Sections 1689.20 and 1689.21, within 10 days after a seminar sales solicitation contract or offer has been cancelled, the seller...
- California Civil Code Section 1689.23
(a) Except as provided in subdivision (c) of Section 1689.22, within 20 days after a seminar sales solicitation contract or offer has been canceled, the...
- California Civil Code Section 1689.24
As used in Sections 1689.20 to 1689.23, inclusive: (a) "Seminar sales solicitation contract or offer" means any contract, whether single or multiple, or any offer...
- California Civil Code Section 1690
A stipulation that errors of description shall not avoid a contract, or shall be the subject of compensation, or both, does not take away the...
- California Civil Code Section 1691
Subject to Section 1693, to effect a rescission a party to the contract must, promptly upon discovering the facts which entitle him to rescind if...
- California Civil Code Section 1692
When a contract has been rescinded in whole or in part, any party to the contract may seek relief based upon such rescission by (a)...
- California Civil Code Section 1693
When relief based upon rescission is claimed in an action or proceeding, such relief shall not be denied because of delay in giving notice of...
- California Civil Code Section 1694
As used in this chapter, a dating service contract is any contract with any organization that offers dating, matrimonial, or social referral services by any...
- California Civil Code Section 1694.1
(a) In addition to any other right to revoke an offer, the buyer has the right to cancel a dating service contract or offer, until...
- California Civil Code Section 1694.2
(a) A dating service contract shall be in writing. A copy of the contract shall be provided to the buyer at the time he or...
- California Civil Code Section 1694.3
Every dating service contract shall contain language providing that: (a) If by reason of death or disability the buyer is unable to receive all services...
- California Civil Code Section 1694.4
(a) Any contract for dating services which does not comply with this chapter is void and unenforceable. (b) Any contract for dating services entered into...
- California Civil Code Section 1694.5
(a) As used in this chapter, a weight loss contract is a contract with any weight loss program or center that offers any of the...
- California Civil Code Section 1694.6
(a) In addition to any other right to revoke an offer, the buyer has the right to cancel a weight loss contract or offer until...
- California Civil Code Section 1694.7
(a) A weight loss contract shall be in writing. A copy of the contract shall be provided to the buyer at the time he or...
- California Civil Code Section 1694.8
Every weight loss contract shall contain language providing that: (a) If by reason of death or disability the buyer is unable to receive all services...
- California Civil Code Section 1694.9
(a) Any contract for weight loss services which does not comply with this chapter is void and unenforceable. (b) Any contract for weight loss services...
- California Civil Code Section 1695
(a) The Legislature finds and declares that homeowners whose residences are in foreclosure have been subjected to fraud, deception, and unfair dealing by home equity...
- California Civil Code Section 1695.1
The following definitions apply to this chapter: (a) "Equity purchaser" means any person who acquires title to any residence in foreclosure, except a person who...
- California Civil Code Section 1695.2
Every contract shall be written in letters of a size equal to 10-point bold type, in the same language principally used by the equity purchaser...
- California Civil Code Section 1695.3
Every contract shall contain the entire agreement of the parties and shall include the following terms: (a) The name, business address, and the telephone number...
- California Civil Code Section 1695.4
(a) In addition to any other right of rescission, the equity seller has the right to cancel any contract with an equity purchaser until midnight...
- California Civil Code Section 1695.5
(a) The contract shall contain in immediate proximity to the space reserved for the equity seller's signature a conspicuous statement in a size equal to...
- California Civil Code Section 1695.6
(a) The contract as required by Sections 1695.2, 1695.3, and 1695.5, shall be provided and completed in conformity with those sections by the equity purchaser....
- California Civil Code Section 1695.7
An equity seller may bring an action for the recovery of damages or other equitable relief against an equity purchaser for a violation of any...
- California Civil Code Section 1695.8
Any equity purchaser who violates any subdivision of Section 1695.6 or who engages in any practice which would operate as a fraud or deceit upon...
- California Civil Code Section 1695.9
The provisions of this chapter are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law.
- California Civil Code Section 1695.10
Any waiver of the provisions of this chapter shall be void and unenforceable as contrary to the public policy.
- California Civil Code Section 1695.11
If any provision of this chapter, or if any application thereof to any person or circumstance is held unconstitutional, the remainder of this chapter and...
- California Civil Code Section 1695.12
In any transaction in which an equity seller purports to grant a residence in foreclosure to an equity purchaser by any instrument which appears to...
- California Civil Code Section 1695.13
It is unlawful for any person to initiate, enter into, negotiate, or consummate any transaction involving residential real property in foreclosure, as defined in Section...
- California Civil Code Section 1695.14
(a) In any transaction involving residential real property in foreclosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable and...
- California Civil Code Section 1695.15
(a) An equity purchaser is liable for all damages resulting from any statement made or act committed by the equity purchaser's representative in any manner...
- California Civil Code Section 1695.16
(a) Any provision of a contract which attempts or purports to limit the liability of the equity purchaser under Section 1695.15 shall be void and...
- California Civil Code Section 1695.17
(a) Any representative, as defined in subdivision (b) of Section 1695.15, deemed to be the agent or employee, or both the agent and the employee...
- California Civil Code Section 1697
A contract not in writing may be modified in any respect by consent of the parties, in writing, without a new consideration, and is extinguished...
- California Civil Code Section 1698
(a) A contract in writing may be modified by a contract in writing. (b) A contract in writing may be modified by an oral agreement...
- California Civil Code Section 1699
The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof, extinguishes...
- California Civil Code Section 1700
The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes...
- California Civil Code Section 1701
Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the provisions of the...
- California Civil Code Section 1708
Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.
- California Civil Code Section 1708.5
(a) A person commits a sexual battery who does any of the following: (1) Acts with the intent to cause a harmful or offensive contact...
- California Civil Code Section 1708.6
(a) A person is liable for the tort of domestic violence if the plaintiff proves both of the following elements: (1) The infliction of injury...
- California Civil Code Section 1708.7
(a) A person is liable for the tort of stalking when the plaintiff proves all of the following elements of the tort: (1) The defendant...
- California Civil Code Section 1708.8
(a) A person is liable for physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise...
- California Civil Code Section 1709
One who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which...
- California Civil Code Section 1710
A deceit, within the meaning of the last section, is either: 1. The suggestion, as a fact, of that which is not true, by one...
- California Civil Code Section 1710.1
Any person who, with intent to defraud, sells or disposes of a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm,...
- California Civil Code Section 1710.2
(a) No cause of action arises against an owner of real property or his or her agent, or any agent of a transferee of real...
- California Civil Code Section 1711
One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every...
- California Civil Code Section 1712
One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner...
- California Civil Code Section 1713
The restoration required by the last section must be made without demand, except where a thing is obtained by mutual mistake, in which case the...
- California Civil Code Section 1714
(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his...
- California Civil Code Section 1714.01
(a) Domestic partners shall be entitled to recover damages for negligent infliction of emotional distress to the same extent that spouses are entitled to do...
- California Civil Code Section 1714.1
(a) Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property...
- California Civil Code Section 1714.2
(a) In order to encourage citizens to participate in emergency medical services training programs and to render emergency medical services to fellow citizens, no person...
- California Civil Code Section 1714.21
(a) For purposes of this section, the following definitions shall apply: (1) "AED" or "defibrillator" means an automated or automatic external defibrillator. (2) "CPR" means...
- California Civil Code Section 1714.22
(a) For purposes of this section: (1) "Opioid antagonist" means naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment...
- California Civil Code Section 1714.25
(a) Except for injury resulting from negligence or a willful act in the preparation or handling of donated food, no food facility that donates any...
- California Civil Code Section 1714.3
Civil liability for any injury to the person or property of another proximately caused by the discharge of a firearm by a minor under the...
- California Civil Code Section 1714.4
(a) Any person or business entity that knowingly assists a child support obligor who has an unpaid child support obligation to escape, evade, or avoid...
- California Civil Code Section 1714.41
(a) Any person or business entity that knowingly assists a child support obligor who has an unpaid child support obligation to escape, evade, or avoid...
- California Civil Code Section 1714.45
(a) In a product liability action, a manufacturer or seller shall not be liable if both of the following apply: (1) The product is inherently...
- California Civil Code Section 1714.5
There shall be no liability on the part of one, including the State of California, county, city and county, city or any other political subdivision...
- California Civil Code Section 1714.6
The violation of any statute or ordinance shall not establish negligence as a matter of law where the act or omission involved was required in...
- California Civil Code Section 1714.7
No person who is injured while getting on, or attempting to get on, a moving locomotive or railroad car, without authority from the owner or...
- California Civil Code Section 1714.8
(a) No health care provider shall be liable for professional negligence or malpractice for any occurrence or result solely on the basis that the occurrence...
- California Civil Code Section 1714.9
(a) Notwithstanding statutory or decisional law to the contrary, any person is responsible not only for the results of that person's willful acts causing injury...
- California Civil Code Section 1714.10
(a) No cause of action against an attorney for a civil conspiracy with his or her client arising from any attempt to contest or compromise...
- California Civil Code Section 1714.11
(a) Except for damage or injury proximately caused by a grossly negligent act or omission or willful or wanton misconduct of the donor, no public...
- California Civil Code Section 1715
Other obligations are prescribed by Divisions I and II of this Code.
- California Civil Code Section 1716
(a) It is unlawful for a person to solicit payment of money by another by means of a written statement or invoice, or any writing...
- California Civil Code Section 1717
(a) In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall...
- California Civil Code Section 1717.5
(a) Except as otherwise provided by law or where waived by the parties to an agreement, in any action on a contract based on a...
- California Civil Code Section 1718
(a) As used in this section: (1) "Farm machinery" means all tools and equipment used in relation to the operation of a farm. (2) "Farm...
- California Civil Code Section 1719
(a) (1) Notwithstanding any penal sanctions that may apply, any person who passes a check on insufficient funds shall be liable to the payee for...
- California Civil Code Section 1720
(a) If an obligee fails to give a timely response to an inquiry of an obligor concerning any debit or credit applicable to an obligation,...
- California Civil Code Section 1721
In an action for the intentional and malicious destruction of real or personal property at a site where substantial improvements to real property are under...
- California Civil Code Section 1722
(a) (1) Whenever a contract is entered into between a consumer and a retailer with 25 or more employees relating to the sale of merchandise...
- California Civil Code Section 1723
(a) Every retail seller which sells goods to the public in this state that has a policy as to any of those goods of not...
- California Civil Code Section 1725
(a) Unless permitted under subdivision (c), no person accepting a negotiable instrument as payment in full or in part for goods or services sold or...
- California Civil Code Section 1738
As used in this title: (a) "Artist" means the person who creates a work of fine art or, if that person is deceased, that person's...
- California Civil Code Section 1738.5
Notwithstanding any custom, practice or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of fine...
- California Civil Code Section 1738.6
A consignment of a work of fine art shall result in all of the following: (a) The art dealer, after delivery of the work of...
- California Civil Code Section 1738.7
A work of fine art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for...
- California Civil Code Section 1738.8
Any provision of a contract or agreement whereby the consignor waives any provision of this title is void.
- California Civil Code Section 1738.9
This title shall not apply to a written contract executed prior to the effective date of this title, unless either the parties agree by mutual...
- California Civil Code Section 1738.10
The Legislature finds and declares that independent wholesale sales representatives are a key ingredient to the California economy. The Legislature further finds and declares the...
- California Civil Code Section 1738.11
This chapter shall be known and cited as the Independent Wholesale Sales Representatives Contractual Relations Act of 1990.
- California Civil Code Section 1738.12
For purposes of this chapter the following terms have the following meaning: (a) "Manufacturer" means any organization engaged in the business of producing, assembling, mining,...
- California Civil Code Section 1738.13
(a) Whenever a manufacturer, jobber, or distributor is engaged in business within this state and uses the services of a wholesale sales representative, who is...
- California Civil Code Section 1738.14
A manufacturer, jobber, or distributor who is not a resident of this state, and who enters into a contract regulated by this chapter is deemed...
- California Civil Code Section 1738.15
A manufacturer, jobber, or distributor who willfully fails to enter into a written contract as required by this chapter or willfully fails to pay commissions...
- California Civil Code Section 1738.16
In a civil action brought by the sales representative pursuant to this chapter, the prevailing party shall be entitled to reasonable attorney's fees and costs...
- California Civil Code Section 1738.17
This chapter shall not apply to any person licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code.
- California Civil Code Section 1739
No person shall sell, advertise for sale, or offer for sale any political item which is purported to be an original political item but which...
- California Civil Code Section 1739.1
For purposes of this title, a "political item" is any button, ribbon, poster, sticker, literature, or advertising concerning any candidate or ballot proposition in any...
- California Civil Code Section 1739.2
For purposes of this title, an "original political item" is any political item produced during any electoral campaign for use in support of or in...
- California Civil Code Section 1739.3
No political item which is labeled "copy" or "reproduction" at the time of sale, advertising for sale, or offering for sale shall violate Section 1739.
- California Civil Code Section 1739.4
(a) A person who offers or sells any political item in violation of this title shall be liable to the person purchasing such political item...
- California Civil Code Section 1739.7
(a) As used in this section: (1) "Autographed" means bearing the actual signature of a personality signed by that individual's own hand. (2) "Collectible" means...
- California Civil Code Section 1740
As used in this title: (a) "Fine art multiple" or "multiple" for the purposes of this title means any fine print, photograph (positive or negative),...
- California Civil Code Section 1741
This title shall apply to any fine art multiple when offered for sale or sold at wholesale or retail for one hundred dollars ($100) or...
- California Civil Code Section 1742
(a) An art dealer shall not sell or consign a multiple into or from this state unless a certificate of authenticity is furnished to the...
- California Civil Code Section 1742.6
Any charitable organization which conducts a sale or auction of fine art multiples shall be exempt from the disclosure requirements of this title if it...
- California Civil Code Section 1744
(a) Except as provided in subdivisions (c), (d), (e), and otherwise in this title, a certificate of authenticity containing the following informational details shall be...
- California Civil Code Section 1744.7
Whenever an art dealer furnishes the name of the artist pursuant to Section 1744 for any time period after 1949, and otherwise furnishes information required...
- California Civil Code Section 1744.9
(a) An artist or art dealer who consigns a multiple to an art dealer for the purpose of effecting a sale of the multiple, shall...
- California Civil Code Section 1745
(a) An art dealer, including a dealer consignee, who offers or sells a multiple in, into or from this state without providing the certificate of...
- California Civil Code Section 1745.5
(a) Any person performing or proposing to perform an act in violation of this title within this state may be enjoined in any court of...
- California Civil Code Section 1746
For purposes of this title, the following definitions shall apply: (a) "Minor" means any natural person who is under 18 years of age. (b) "Person"...
- California Civil Code Section 1746.1
(a) A person may not sell or rent a video game that has been labeled as a violent video game to a minor. (b) Proof...
- California Civil Code Section 1746.2
Each violent video game that is imported into or distributed in California for retail sale shall be labeled with a solid white "18" outlined in...
- California Civil Code Section 1746.3
Any person who violates any provision of this title shall be liable in an amount of up to one thousand dollars ($1,000), or a lesser...
- California Civil Code Section 1746.4
A suspected violation of this title may be reported to a city attorney, county counsel, or district attorney by a parent, legal guardian, or other...
- California Civil Code Section 1746.5
The provisions of this title are severable. If any provision of this title or its application is held to be invalid, that invalidity shall not...
- California Civil Code Section 1747
This title may be cited as the "Song-Beverly Credit Card Act of 1971."
- California Civil Code Section 1747.01
It is the intent of the Legislature that the provisions of this title as to which there are similar provisions in the federal Truth in...
- California Civil Code Section 1747.02
As used in this title: (a) "Credit card" means any card, plate, coupon book, or other single credit device existing for the purpose of being...
- California Civil Code Section 1747.03
(a) Any rights or responsibilities created by this title that are based on the use of a credit card shall have no effect with respect...
- California Civil Code Section 1747.04
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1747.05
(a) No credit card shall be issued except: (1) In response to an oral or written request or application therefor. (2) As a renewal of,...
- California Civil Code Section 1747.06
(a) A credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a...
- California Civil Code Section 1747.08
(a) Except as provided in subdivision (c), no person, firm, partnership, association, or corporation that accepts credit cards for the transaction of business shall do...
- California Civil Code Section 1747.09
(a) Except as provided in this section, no person, firm, partnership, association, corporation, or limited liability company that accepts credit or debit cards for the...
- California Civil Code Section 1747.10
A cardholder shall be liable for the unauthorized use of a credit card only if all of the following conditions are met: (a) The card...
- California Civil Code Section 1747.20
If 10 or more credit cards are issued by one card issuer for use by the employees of an organization, Section 1747.10 does not prohibit...
- California Civil Code Section 1747.40
If a card issuer fails to give a timely response to an inquiry of a cardholder concerning any debit or credit applicable to an obligation...
- California Civil Code Section 1747.50
(a) Every card issuer shall correct any billing error made by the card issuer within two complete billing cycles, but in no event later than...
- California Civil Code Section 1747.60
(a) Every retailer shall correct any billing error made by the retailer within 60 days from the date on which an inquiry concerning a billing...
- California Civil Code Section 1747.65
(a) A card issuer shall not be liable for a billing error made by the retailer. (b) A retailer shall not be liable for a...
- California Civil Code Section 1747.70
(a) No card issuer shall knowingly give any untrue credit information to any other person concerning a cardholder. (b) No card issuer, after receiving an...
- California Civil Code Section 1747.80
(a) No card issuer shall refuse to issue a credit card to any person solely because of any characteristic listed or defined in subdivision (b)...
- California Civil Code Section 1747.81
(a) If a card issuer has determined in the normal course of business that it will issue a card to a married woman, the card...
- California Civil Code Section 1747.85
Unless requested by the cardholder, no card issuer shall cancel a credit card without having first given the cardholder 30 days' written notice of its...
- California Civil Code Section 1747.90
(a) (1) Subject to the limitation contained in subdivision (b), a card issuer who has issued a credit card to a cardholder pursuant to an...
- California Civil Code Section 1747.94
(a) In addition to any other disclosures required by law, a card issuer of a secured credit card shall, in every advertisement or solicitation to...
- California Civil Code Section 1748
Any provision in a contract between a card issuer and a retailer which has the effect of prohibiting the retailer from offering price discounts or...
- California Civil Code Section 1748.1
(a) No retailer in any sales, service, or lease transaction with a consumer may impose a surcharge on a cardholder who elects to use a...
- California Civil Code Section 1748.5
(a) A cardholder may request, not more frequently than once a year, that the card issuer inform the cardholder of the total amount of finance...
- California Civil Code Section 1748.7
(a) No person shall process, deposit, negotiate, or obtain payment of a credit card charge through a retailer's account with a financial institution or through...
- California Civil Code Section 1748.9
(a) A credit card issuer that extends credit to a cardholder through the use of a preprinted check or draft shall disclose on the front...
- California Civil Code Section 1748.95
(a) (1) Upon the request of a person who has obtained a police report pursuant to Section 530.6 of the Penal Code, a credit card...
- California Civil Code Section 1748.10
This act shall be known and may be cited as the "Areias Credit Card Full Disclosure Act of 1986."
- California Civil Code Section 1748.11
(a) Any application form or preapproved written solicitation for an open-end credit card account to be used for personal, family, or household purposes that is...
- California Civil Code Section 1748.12
(a) For purposes of this section: (1) "Cardholder" means any consumer to whom a credit card is issued, provided that, when more than one credit...
- California Civil Code Section 1748.13
(a) A credit card issuer shall, with each billing statement provided to a cardholder in this state, provide the following on the front of the...
- California Civil Code Section 1748.14
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1748.20
This title may be cited as the " Areias-Robbins Charge Card Full Disclosure Act of 1986."
- California Civil Code Section 1748.21
For the purposes of this title: (a) "Charge card" means any card, plate, or other credit device pursuant to which the charge card issuer extends...
- California Civil Code Section 1748.22
(a) On and after October 1, 1987, issuers of charge cards shall clearly and conspicuously disclose in any charge card application form or preapproved written...
- California Civil Code Section 1748.23
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1748.30
For purposes of this title, the following definitions shall apply: (a) "Accepted debit card" means any debit card which the debit cardholder has requested and...
- California Civil Code Section 1748.31
(a) A debit cardholder shall be liable for an unauthorized use of a debit card only if all of the following conditions are met: (1)...
- California Civil Code Section 1748.32
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1749
Any retail seller which permits consumers to lay away consumer goods shall provide to any consumer entering into a layaway agreement with the seller a...
- California Civil Code Section 1749.1
For purposes of this title, the following terms have the following meanings: (a) "Consumer good" means any article which is used or bought for use...
- California Civil Code Section 1749.2
Any waiver by the buyer of consumer goods of the provisions of this title, except as expressly provided in this title, shall be deemed contrary...
- California Civil Code Section 1749.3
The remedies provided by this title are cumulative and shall not be construed as restricting any remedy that is otherwise available.
- California Civil Code Section 1749.4
Nothing in this title shall be construed to limit or reduce any legal obligations imposed under Title 2 (commencing with Section 1801) of Part 4...
- California Civil Code Section 1749.45
(a) As used in this title, "gift certificate" includes gift cards, but does not include any gift card usable with multiple sellers of goods or...
- California Civil Code Section 1749.5
(a) It is unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following: (1) An...
- California Civil Code Section 1749.6
(a) A gift certificate constitutes value held in trust by the issuer of the gift certificate on behalf of the beneficiary of the gift certificate....
- California Civil Code Section 1749.51
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1749.60
This title shall be known and may be cited as the "Supermarket Club Card Disclosure Act of 1999."
- California Civil Code Section 1749.61
For purposes of this title: (a) "Cardholder" means any consumer to whom a supermarket club card is issued, provided that in cases where more than...
- California Civil Code Section 1749.63
A violation of this title constitutes "unfair competition" as defined in Section 17200 of the Business and Professions Code and is punishable as prescribed in...
- California Civil Code Section 1749.64
Notwithstanding any other provision of law, no club card issuer shall request in a supermarket club card application, or require as a condition of obtaining...
- California Civil Code Section 1749.65
(a) Notwithstanding any other provision of law, no club card issuer may sell or share a cardholder's name, address, telephone number, or other personal identification...
- California Civil Code Section 1749.66
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1750
This title may be cited as the Consumers Legal Remedies Act.
- California Civil Code Section 1751
Any waiver by a consumer of the provisions of this title is contrary to public policy and shall be unenforceable and void.
- California Civil Code Section 1752
The provisions of this title are not exclusive. The remedies provided herein for violation of any section of this title or for conduct proscribed by...
- California Civil Code Section 1753
If any provision of this title or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the title...
- California Civil Code Section 1754
The provisions of this title shall not apply to any transaction which provides for the construction, sale, or construction and sale of an entire residence...
- California Civil Code Section 1755
Nothing in this title shall apply to the owners or employees of any advertising medium, including, but not limited to, newspapers, magazines, broadcast stations, billboards...
- California Civil Code Section 1756
The substantive and procedural provisions of this title shall only apply to actions filed on or after January 1, 1971.
- California Civil Code Section 1760
This title shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against unfair and deceptive business practices and...
- California Civil Code Section 1761
As used in this title: (a) "Goods" means tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or...
- California Civil Code Section 1770
(a) The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or...
- California Civil Code Section 1780
(a) Any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared...
- California Civil Code Section 1781
(a) Any consumer entitled to bring an action under Section 1780 may, if the unlawful method, act, or practice has caused damage to other consumers...
- California Civil Code Section 1782
(a) Thirty days or more prior to the commencement of an action for damages pursuant to this title, the consumer shall do the following: (1)...
- California Civil Code Section 1783
Any action brought under the specific provisions of Section 1770 shall be commenced not more than three years from the date of the commission of...
- California Civil Code Section 1784
No award of damages may be given in any action based on a method, act, or practice declared to be unlawful by Section 1770 if...
- California Civil Code Section 1785.1
The Legislature finds and declares as follows: (a) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity,...
- California Civil Code Section 1785.2
This act may be referred to as the Consumer Credit Reporting Agencies Act.
- California Civil Code Section 1785.3
The following terms as used in this title have the meaning expressed in this section: (a) "Adverse action" means a denial or revocation of credit,...
- California Civil Code Section 1785.4
Nothing in this title shall apply to any person licensed pursuant to the provisions of Chapter 11 (commencing with Section 7500) of Division 3 of...
- California Civil Code Section 1785.5
Any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling,...
- California Civil Code Section 1785.6
The notices and disclosures to consumers provided for in this title shall be required to be made only to those consumers who have a mailing...
- California Civil Code Section 1785.25
(a) A person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if the person knows or should...
- California Civil Code Section 1785.26
(a) As used in this section: (1) "Creditor" includes an agent or assignee of a creditor, including an agent engaged in administering or collecting the...
- California Civil Code Section 1785.30
Upon notification of the results of a consumer credit reporting agency's reinvestigation pursuant to Section 1785.16, a consumer may make a written demand on any...
- California Civil Code Section 1785.31
(a) Any consumer who suffers damages as a result of a violation of this title by any person may bring an action in a court...
- California Civil Code Section 1785.32
Except as provided in Section 1785.31, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy or negligence with...
- California Civil Code Section 1785.33
An action to enforce any liability created under this chapter may be brought in any appropriate court of competent jurisdiction within two years from the...
- California Civil Code Section 1785.34
(a) Any consumer credit reporting agency or user of information against whom an action brought pursuant to Section 1681n or 1681o of Title 15 of...
- California Civil Code Section 1785.35
This title does not apply to any consumer credit report that by its terms is limited to disclosures from public records relating to land and...
- California Civil Code Section 1785.36
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1785.41
Consumer credit reporting is subject to the regulations of the Consumer Credit Reporting Agencies Act. Commercial credit reports, which differ significantly, are not subject to...
- California Civil Code Section 1785.42
(a) "Commercial credit report" means any report provided to a commercial enterprise for a legitimate business purpose, relating to the financial status or payment habits...
- California Civil Code Section 1785.43
(a) Commercial credit reporting agencies may protect the identity of sources of information to be used in commercial credit reports. (b) Upon the request of...
- California Civil Code Section 1785.44
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1786
The Legislature finds and declares as follows: (a) Investigative consumer reporting agencies have assumed a vital role in collecting, assembling, evaluating, compiling, reporting, transmitting, transferring,...
- California Civil Code Section 1786.1
This title may be referred to as the Investigative Consumer Reporting Agencies Act.
- California Civil Code Section 1786.2
The following terms as used in this title have the meaning expressed in this section: (a) The term "person" means any individual, partnership, corporation, limited...
- California Civil Code Section 1786.10
(a) Every investigative consumer reporting agency shall, upon request and proper identification of any consumer, allow the consumer to visually inspect all files maintained regarding...
- California Civil Code Section 1786.11
Every investigative consumer reporting agency that provides an investigative consumer report to a person other than the consumer shall make a copy of that report...
- California Civil Code Section 1786.12
An investigative consumer reporting agency shall only furnish an investigative consumer report under the following circumstances: (a) In response to the order of a court...
- California Civil Code Section 1786.14
Notwithstanding the provisions of Section 1786.12 an investigative consumer reporting agency may furnish to a governmental agency a consumer's name, address, former address, places of...
- California Civil Code Section 1786.16
(a) Any person described in subdivision (d) of Section 1786.12 shall not procure or cause to be prepared an investigative consumer report unless the following...
- California Civil Code Section 1786.18
(a) Except as authorized under subdivision (b), an investigative consumer reporting agency may not make or furnish any investigative consumer report containing any of the...
- California Civil Code Section 1786.20
(a) An investigative consumer reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1786.18 and to limit furnishing of investigative consumer reports...
- California Civil Code Section 1786.22
(a) An investigative consumer reporting agency shall supply files and information required under Section 1786.10 during normal business hours and on reasonable notice. (b) Files...
- California Civil Code Section 1786.24
(a) If the completeness or accuracy of any item of information contained in his or her file is disputed by a consumer, and the dispute...
- California Civil Code Section 1786.26
(a) Except as otherwise provided in subdivision (c), an investigative consumer reporting agency may charge a consumer a fee not exceeding eight dollars ($8) for...
- California Civil Code Section 1786.28
(a) Each investigative consumer reporting agency that collects, assembles, evaluates, compiles, reports, transmits, transfers, or communicates items of information concerning consumers which are matters of...
- California Civil Code Section 1786.29
An investigative consumer reporting agency shall provide the following notices on the first page of an investigative consumer report: (a) A notice in at least...
- California Civil Code Section 1786.30
Whenever an investigative consumer reporting agency prepares an investigative consumer report, no adverse information in the report (other than information that is a matter of...
- California Civil Code Section 1786.40
(a) Whenever insurance for personal, family, or household purposes, employment, or the hiring of a dwelling unit involving a consumer is denied, or the charge...
- California Civil Code Section 1786.50
(a) An investigative consumer reporting agency or user of information that fails to comply with any requirement under this title with respect to an investigative...
- California Civil Code Section 1786.52
Nothing in this chapter shall in any way affect the right of any consumer to maintain an action against an investigative consumer reporting agency, a...
- California Civil Code Section 1786.53
(a) Any person who collects, assembles, evaluates, compiles, reports, transmits, transfers, or communicates information on a consumer's character, general reputation, personnel characteristics, or mode of...
- California Civil Code Section 1786.54
This title does not apply to any investigative consumer report which by its terms is limited to disclosures from public records relating to land and...
- California Civil Code Section 1786.55
Nothing in this chapter is intended to modify Section 1198.5 of the Labor Code or existing law concerning information obtained by an employer or employment...
- California Civil Code Section 1786.56
If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions...
- California Civil Code Section 1786.57
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1786.60
Notwithstanding subdivision (a) of Section 1798.85, prior to July 1, 2004, any financial institution may print the social security number of an individual on any...
- California Civil Code Section 1787.3
(a) Any creditor who fails to comply with any requirement of Section 1787.2 shall be liable for any actual damages sustained by an applicant as...
- California Civil Code Section 1787.4
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1788
This title may be cited as the Rosenthal Fair Debt Collection Practices Act.
- California Civil Code Section 1788.1
(a) The Legislature makes the following findings: (1) The banking and credit system and grantors of credit to consumers are dependent upon the collection of...
- California Civil Code Section 1788.2
(a) Definitions and rules of construction set forth in this section are applicable for the purpose of this title. (b) The term "debt collection" means...
- California Civil Code Section 1788.3
Nothing contained in this title shall be construed to prohibit a credit union chartered under Division 5 (commencing with Section 14000) of the Financial Code...
- California Civil Code Section 1788.10
No debt collector shall collect or attempt to collect a consumer debt by means of the following conduct: (a) The use, or threat of use,...
- California Civil Code Section 1788.11
No debt collector shall collect or attempt to collect a consumer debt by means of the following practices: (a) Using obscene or profane language; (b)...
- California Civil Code Section 1788.12
No debt collector shall collect or attempt to collect a consumer debt by means of the following practices: (a) Communicating with the debtor's employer regarding...
- California Civil Code Section 1788.13
No debt collector shall collect or attempt to collect a consumer debt by means of the following practices: (a) Any communication with the debtor other...
- California Civil Code Section 1788.14
No debt collector shall collect or attempt to collect a consumer debt by means of the following practices: (a) Obtaining an affirmation from a debtor...
- California Civil Code Section 1788.15
(a) No debt collector shall collect or attempt to collect a consumer debt by means of judicial proceedings when the debt collector knows that service...
- California Civil Code Section 1788.16
It is unlawful, with respect to attempted collection of a consumer debt, for a debt collector, creditor, or an attorney, to send a communication which...
- California Civil Code Section 1788.17
Notwithstanding any other provision of this title, every debt collector collecting or attempting to collect a consumer debt shall comply with the provisions of Sections...
- California Civil Code Section 1788.18
(a) Upon receipt from a debtor of all of the following, a debt collector shall cease collection activities until completion of the review provided in...
- California Civil Code Section 1788.20
In connection with any request or application for consumer credit, no person shall: (a) Request or apply for such credit at a time when such...
- California Civil Code Section 1788.21
(a) In connection with any consumer credit existing or requested to be extended to a person, such person shall within a reasonable time notify the...
- California Civil Code Section 1788.22
(a) In connection with any consumer credit extended to a person under an account: (1) No such person shall attempt to consummate any consumer credit...
- California Civil Code Section 1788.30
(a) Any debt collector who violates this title with respect to any debtor shall be liable to that debtor only in an individual action, and...
- California Civil Code Section 1788.31
If any provision of this title, or the application thereof to any person or circumstances, is held invalid, the remaining provisions of this title, or...
- California Civil Code Section 1788.32
The remedies provided herein are intended to be cumulative and are in addition to any other procedures, rights, or remedies under any other provision of...
- California Civil Code Section 1788.33
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1789
The Legislature hereby finds and declares that it is in the public interest that consumers have comprehensive knowledge of services available through electronic commerce and...
- California Civil Code Section 1789.1
This title may be cited as "The Electronic Commerce Act of 1984."
- California Civil Code Section 1789.2
For the purposes of this title, the following terms have the meanings expressed in this section: (a) "Electronic commercial service" or "service" means an electronic...
- California Civil Code Section 1789.3
The provider of an electronic commercial service shall provide to consumers with which it contracts to provide the service, at the time it contracts to...
- California Civil Code Section 1789.5
(a) Any provider who knowingly and willfully violates any provision of this title is liable for a civil penalty not to exceed five thousand dollars...
- California Civil Code Section 1789.6
Nothing in this title shall be construed to limit the liability of a provider of service to a consumer for errors or omissions arising from...
- California Civil Code Section 1789.7
(a) This title does not apply where it is inconsistent with, or infringes upon, federal law or regulation. (b) This title does not apply to...
- California Civil Code Section 1789.8
This title applies to transactions entered into on or after July 1, 1985.
- California Civil Code Section 1789.9
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1789.10
This title shall be known and may be cited as the "Credit Services Act of 1984."
- California Civil Code Section 1789.11
The Legislature finds and declares that: (a) The ability to obtain and use credit has become of great importance to consumers, who have a vital...
- California Civil Code Section 1789.12
As used in this title: (a) "Credit services organization" means a person who, with respect to the extension of credit by others, sells, provides, or...
- California Civil Code Section 1789.13
A credit services organization and its salespersons, agents, representatives, and independent contractors who sell or attempt to sell the services of a credit services organization...
- California Civil Code Section 1789.14
Prior to the execution of a contract or agreement between the buyer and a credit services organization, the credit services organization shall provide the buyer...
- California Civil Code Section 1789.15
The information statement shall include all of the following: (a) A complete and detailed description of the services to be performed by the credit services...
- California Civil Code Section 1789.16
(a) A credit services organization shall not provide any service to a buyer except pursuant to a written contract that complies with this section. Every...
- California Civil Code Section 1789.17
The seller's breach of a contract under this title or of any obligation arising therefrom shall constitute a violation of this title.
- California Civil Code Section 1789.18
No credit services organization shall conduct business in this state unless the credit services organization has first obtained a surety bond in the principal amount...
- California Civil Code Section 1789.19
(a) Any waiver by a buyer of the provisions of this title shall be deemed contrary to public policy and shall be void and unenforceable....
- California Civil Code Section 1789.20
(a) Any person who violates any provision of this title is guilty of a misdemeanor. Any superior court of this state shall have jurisdiction in...
- California Civil Code Section 1789.21
(a) Any buyer injured by a violation of this title or by the credit services organization's breach of a contract subject to this title may...
- California Civil Code Section 1789.22
The provisions of this title are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable...
- California Civil Code Section 1789.23
If any provision of this title or if any application thereof to any person or circumstance is held invalid, the remainder of the title and...
- California Civil Code Section 1789.24
(a) When a deposit has been made in lieu of a bond pursuant to Section 995.710 of the Code of Civil Procedure, the person asserting...
- California Civil Code Section 1789.25
(a) Every credit services organization shall file a registration application with, and receive a certificate of registration from, the Department of Justice before conducting business...
- California Civil Code Section 1789.26
(a) The Secretary of State shall enforce the provisions of this title that govern the filing and maintenance of bonds and deposits in lieu of...
- California Civil Code Section 1789.30
(a) (1) Every check casher, as applicable to the services provided, shall post a complete, detailed, and unambiguous schedule of all fees for (A) cashing...
- California Civil Code Section 1789.31
(a) As used in this title, a "check casher" means a person or entity that for compensation engages, in whole or in part, in the...
- California Civil Code Section 1789.32
Failure to post information as required by this title, or the imposition of fees or identification requirements contrary to the information posted, shall constitute an...
- California Civil Code Section 1789.35
(a) A check casher shall not charge a fee for cashing a payroll check or government check in excess of 3 percent if identification is...
- California Civil Code Section 1789.37
(a) Every owner of a check casher's business shall obtain a permit from the Department of Justice to conduct a check casher's business. (b) All...
- California Civil Code Section 1789.38
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1790
This chapter may be cited as the "Song-Beverly Consumer Warranty Act."
- California Civil Code Section 1790.1
Any waiver by the buyer of consumer goods of the provisions of this chapter, except as expressly provided in this chapter, shall be deemed contrary...
- California Civil Code Section 1790.2
If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional, such invalidity shall not affect other provisions...
- California Civil Code Section 1790.3
The provisions of this chapter shall not affect the rights and obligations of parties determined by reference to the Commercial Code except that, where the...
- California Civil Code Section 1790.4
The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy that is otherwise available, and, in particular, shall...
- California Civil Code Section 1791
As used in this chapter: (a) "Consumer goods" means any new product or part thereof that is used, bought, or leased for use primarily for...
- California Civil Code Section 1791.1
As used in this chapter: (a) "Implied warranty of merchantability" or "implied warranty that goods are merchantable" means that the consumer goods meet each of...
- California Civil Code Section 1791.2
(a) "Express warranty" means: (1) A written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer,...
- California Civil Code Section 1791.3
As used in this chapter, a sale "as is" or "with all faults" means that the manufacturer, distributor, and retailer disclaim all implied warranties that...
- California Civil Code Section 1795.90
For purposes of this chapter: (a) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, a lessee of a motor...
- California Civil Code Section 1795.91
Dealers shall have the following duties: (a) A dealer shall provide notice to prospective purchasers and lessees that provides information on how to get copies...
- California Civil Code Section 1795.92
Manufacturers shall have the following duties: (a) A manufacturer shall, within 90 days of the adoption of an adjustment program, subject to priority for safety...
- California Civil Code Section 1795.93
Nothing in this chapter shall be construed to exclude, modify, or otherwise limit any other remedy provided by law to a consumer or lessee.
- California Civil Code Section 1796
Any individual, partnership, corporation, association, or other legal relationship which engages in the business of installing new or used consumer goods, has a duty to...
- California Civil Code Section 1796.5
Any individual, partnership, corporation, association, or other legal relationship which engages in the business of providing service or repair to new or used consumer goods...
- California Civil Code Section 1797.90
This chapter shall apply to all contracts and warranties for roofing materials used on a residential structure, including, but not limited to, a manufactured home...
- California Civil Code Section 1797.91
Any contract for roofing materials, or for the installation, repair, or replacement of all or any portion of the roof of a residential structure, including,...
- California Civil Code Section 1797.92
For any contract subject to this chapter that is entered into on or after January 1, 1994, the warranty obligations shall inure to the benefit...
- California Civil Code Section 1797.93
If any warranty subject to this chapter, uses the term "lifetime," "life," or a similar representation to describe the duration of the warranty, then the...
- California Civil Code Section 1797.94
Any warranty subject to this chapter, shall inure to the benefit of, and shall be directly enforceable by, all subsequent purchasers and transferees of the...
- California Civil Code Section 1797.95
A warrantor who provides roof warranties in multiple states may standardize the warranty to meet warranty requirements of other states. However, those standardized warranties shall...
- California Civil Code Section 1797.96
Where a warranty subject to this chapter is provided for the benefit of the purchaser of a newly constructed residential structure, the seller shall provide...
- California Civil Code Section 1798
This chapter shall be known and may be cited as the Information Practices Act of 1977.
- California Civil Code Section 1798.1
The Legislature declares that the right to privacy is a personal and fundamental right protected by Section 1 of Article I of the Constitution of...
- California Civil Code Section 1798.3
As used in this chapter: (a) The term "personal information" means any information that is maintained by an agency that identifies or describes an individual,...
- California Civil Code Section 1798.14
Each agency shall maintain in its records only personal information which is relevant and necessary to accomplish a purpose of the agency required or authorized...
- California Civil Code Section 1798.15
Each agency shall collect personal information to the greatest extent practicable directly from the individual who is the subject of the information rather than from...
- California Civil Code Section 1798.16
(a) Whenever an agency collects personal information, the agency shall maintain the source or sources of the information, unless the source is the data subject...
- California Civil Code Section 1798.17
Each agency shall provide on or with any form used to collect personal information from individuals the notice specified in this section. When contact with...
- California Civil Code Section 1798.18
Each agency shall maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness. Such standard need not be met except when...
- California Civil Code Section 1798.19
Each agency when it provides by contract for the operation or maintenance of records containing personal information to accomplish an agency function, shall cause, consistent...
- California Civil Code Section 1798.20
Each agency shall establish rules of conduct for persons involved in the design, development, operation, disclosure, or maintenance of records containing personal information and instruct...
- California Civil Code Section 1798.21
Each agency shall establish appropriate and reasonable administrative, technical, and physical safeguards to ensure compliance with the provisions of this chapter, to ensure the security...
- California Civil Code Section 1798.22
Each agency shall designate an agency employee to be responsible for ensuring that the agency complies with all of the provisions of this chapter.
- California Civil Code Section 1798.23
The Department of Justice shall review all personal information in its possession every five years commencing July 1, 1978, to determine whether it should continue...
- California Civil Code Section 1798.24
No agency may disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless the...
- California Civil Code Section 1798.24a
Notwithstanding Section 1798.24, information may be disclosed to any city, county, city and county, or district, or any officer or official thereof, if a written...
- California Civil Code Section 1798.24b
(a) Notwithstanding Section 1798.24, except subdivision (v) thereof, information shall be disclosed to the protection and advocacy agency designated by the Governor in this state...
- California Civil Code Section 1798.25
Each agency shall keep an accurate accounting of the date, nature, and purpose of each disclosure of a record made pursuant to subdivision (i), (k),...
- California Civil Code Section 1798.26
With respect to the sale of information concerning the registration of any vehicle or the sale of information from the files of drivers' licenses, the...
- California Civil Code Section 1798.27
Each agency shall retain the accounting made pursuant to Section 1798.25 for at least three years after the disclosure for which the accounting is made,...
- California Civil Code Section 1798.28
Each agency, after July 1, 1978, shall inform any person or agency to whom a record containing personal information has been disclosed during the preceding...
- California Civil Code Section 1798.29
(a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery...
- California Civil Code Section 1798.30
Each agency shall either adopt regulations or publish guidelines specifying procedures to be followed in order fully to implement each of the rights of individuals...
- California Civil Code Section 1798.32
Each individual shall have the right to inquire and be notified as to whether the agency maintains a record about himself or herself. Agencies shall...
- California Civil Code Section 1798.33
Each agency may establish fees to be charged, if any, to an individual for making copies of a record. Such fees shall exclude the cost...
- California Civil Code Section 1798.34
(a) Except as otherwise provided in this chapter, each agency shall permit any individual upon request and proper identification to inspect all the personal information...
- California Civil Code Section 1798.35
Each agency shall permit an individual to request in writing an amendment of a record and, shall within 30 days of the date of receipt...
- California Civil Code Section 1798.36
Each agency shall permit any individual who disagrees with the refusal of the agency to amend a record to request a review of such refusal...
- California Civil Code Section 1798.37
The agency, with respect to any disclosure containing information about which the individual has filed a statement of disagreement, shall clearly note any portion of...
- California Civil Code Section 1798.38
If information, including letters of recommendation, compiled for the purpose of determining suitability, eligibility, or qualifications for employment, advancement, renewal of appointment or promotion, status...
- California Civil Code Section 1798.39
Sections 1798.35, 1798.36, and 1798.37 shall not apply to any record evidencing property rights.
- California Civil Code Section 1798.40
This chapter shall not be construed to require an agency to disclose personal information to the individual to whom the information pertains, if the information...
- California Civil Code Section 1798.41
(a) Except as provided in subdivision (c), if the agency determines that information requested pursuant to Section 1798.34 is exempt from access, it shall inform...
- California Civil Code Section 1798.42
In disclosing information contained in a record to an individual, an agency shall not disclose any personal information relating to another individual which may be...
- California Civil Code Section 1798.43
In disclosing information contained in a record to an individual, an agency need not disclose any information pertaining to that individual which is exempt under...
- California Civil Code Section 1798.44
This article applies to the rights of an individual to whom personal information pertains and not to the authority or right of any other person,...
- California Civil Code Section 1798.45
An individual may bring a civil action against an agency whenever such agency does any of the following: (a) Refuses to comply with an individual's...
- California Civil Code Section 1798.46
In any suit brought under the provisions of subdivision (a) of Section 1798.45: (a) The court may enjoin the agency from withholding the records and...
- California Civil Code Section 1798.47
Any agency that fails to comply with any provision of this chapter may be enjoined by any court of competent jurisdiction. The court may make...
- California Civil Code Section 1798.48
In any suit brought under the provisions of subdivision (b) or (c) of Section 1798.45, the agency shall be liable to the individual in an...
- California Civil Code Section 1798.49
An action to enforce any liability created under Sections 1798.45 to 1798.48, inclusive, may be brought in any court of competent jurisdiction in the county...
- California Civil Code Section 1798.50
A civil action shall not lie under this article based upon an allegation that an opinion which is subjective in nature, as distinguished from a...
- California Civil Code Section 1798.51
Where a remedy other than those provided in Articles 8 and 9 is provided by law but is not available because of lapse of time...
- California Civil Code Section 1798.53
Any person, other than an employee of the state or of a local government agency acting solely in his or her official capacity, who intentionally...
- California Civil Code Section 1798.55
The intentional violation of any provision of this chapter or of any rules or regulations adopted thereunder, by an officer or employee of any agency...
- California Civil Code Section 1798.56
Any person who willfully requests or obtains any record containing personal information from an agency under false pretenses shall be guilty of a misdemeanor and...
- California Civil Code Section 1798.57
Except for disclosures which are otherwise required or permitted by law, the intentional disclosure of medical, psychiatric, or psychological information in violation of the disclosure...
- California Civil Code Section 1798.60
An individual's name and address may not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by
- California Civil Code Section 1798.61
(a) Nothing in this chapter shall prohibit the release of only names and addresses of persons possessing licenses to engage in professional occupations. (b) Nothing...
- California Civil Code Section 1798.62
Upon written request of any individual, any agency which maintains a mailing list shall remove the individual's name and address from such list, except that...
- California Civil Code Section 1798.63
The provisions of this chapter shall be liberally construed so as to protect the rights of privacy arising under this chapter or under the Federal...
- California Civil Code Section 1798.64
(a) Each agency record which is accepted by the Director of General Services for storage, processing, and servicing in accordance with provisions of the State...
- California Civil Code Section 1798.66
The time limits specified in Article 8 (commencing with Section 1798. 30) may be extended to 60 days by the Franchise Tax Board if the...
- California Civil Code Section 1798.67
Where an agency has recorded a document creating a lien or encumbrance on real property in favor of the state, nothing herein shall prohibit any...
- California Civil Code Section 1798.68
(a) Information which is permitted to be disclosed under the provisions of subdivision (e), (f), or (o), of Section 1798.24 shall be provided when requested...
- California Civil Code Section 1798.69
(a) Except as provided in subdivision (b), the State Board of Equalization may not release the names and addresses of individuals who are registered with,...
- California Civil Code Section 1798.70
This chapter shall be construed to supersede any other provision of state law, including Section 6253.5 of the Government Code, or any exemption in Section...
- California Civil Code Section 1798.71
This chapter shall not be deemed to abridge or limit the rights of litigants, including parties to administrative proceedings, under the laws, or case law,...
- California Civil Code Section 1798.72
Nothing in this chapter shall be construed to authorize the disclosure of any record containing personal information, other than to the subject of such records,...
- California Civil Code Section 1798.73
Nothing in this chapter shall be construed to deny or limit any right of privacy arising under Section 1 of Article I of the California
- California Civil Code Section 1798.74
The provisions of Chapter 13 (commencing with Section 67110) of Part 40 of the Education Code shall, with regard to student records, prevail over the...
- California Civil Code Section 1798.75
This chapter shall not be deemed to supersede Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, except...
- California Civil Code Section 1798.76
Nothing in this chapter shall be construed to revoke, modify, or alter in any manner any statutory provision or any judicial decision which (a) authorizes...
- California Civil Code Section 1798.77
Each agency shall ensure that no record containing personal information shall be modified, transferred, or destroyed to avoid compliance with any of the provisions of...
- California Civil Code Section 1798.78
This chapter shall not be deemed to supersede the provisions of Chapter 1299 of the Statutes of 1976.
- California Civil Code Section 1798.79.8
For purposes of this title: (a) "Person or entity" means any individual, corporation, partnership, joint venture, or any business entity, or any state or local...
- California Civil Code Section 1798.79.9
(a) In the course of awarding grants, including, but not limited to, requests for proposals, contracts, or billing procedures, implementing programs, or providing financial support...
- California Civil Code Section 1798.79.95
Injunctive relief shall be available to any victim service provider aggrieved by a violation of this title. The prevailing plaintiff in any action commenced under...
- California Civil Code Section 1798.79
(a) Except as provided in this section, a person or entity that intentionally remotely reads or attempts to remotely read a person's identification document using...
- California Civil Code Section 1798.795
For purposes of this title, the following definitions shall apply: (a) "Contactless identification document system" means a group of identification documents issued and operated under...
- California Civil Code Section 1798.80
The following definitions apply to this title: (a) "Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not...
- California Civil Code Section 1798.81
A business shall take all reasonable steps to destroy, or arrange for the destruction of a customer's records within its custody or control containing personal...
- California Civil Code Section 1798.81.5
(a) It is the intent of the Legislature to ensure that personal information about California residents is protected. To that end, the purpose of this...
- California Civil Code Section 1798.82
(a) Any person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose any breach...
- California Civil Code Section 1798.83
(a) Except as otherwise provided in subdivision (d), if a business has an established business relationship with a customer and has within the immediately preceding...
- California Civil Code Section 1798.84
(a) Any waiver of a provision of this title is contrary to public policy and is void and unenforceable. (b) Any customer injured by a...
- California Civil Code Section 1798.85
(a) Except as provided in this section, a person or entity may not do any of the following: (1) Publicly post or publicly display in...
- California Civil Code Section 1798.86
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1798.89
Unless otherwise required to do so by state or federal law, no person, entity, or government agency shall present for recording or filing with a...
- California Civil Code Section 1798.82
(a) Any person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose any breach...
- California Civil Code Section 1798.83
(a) Except as otherwise provided in subdivision (d), if a business has an established business relationship with a customer and has within the immediately preceding...
- California Civil Code Section 1798.84
(a) Any waiver of a provision of this title is contrary to public policy and is void and unenforceable. (b) Any customer injured by a...
- California Civil Code Section 1798.90.1
(a) (1) Any business may swipe a driver's license or identification card issued by the Department of Motor Vehicles in any electronic device for the...
- California Civil Code Section 1798.86
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1798.89
Unless otherwise required to do so by state or federal law, no person, entity, or government agency shall present for recording or filing with a...
- California Civil Code Section 1798.82
(a) Any person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose any breach...
- California Civil Code Section 1798.83
(a) Except as otherwise provided in subdivision (d), if a business has an established business relationship with a customer and has within the immediately preceding...
- California Civil Code Section 1798.84
(a) Any waiver of a provision of this title is contrary to public policy and is void and unenforceable. (b) Any customer injured by a...
- California Civil Code Section 1798.91
(a) For purposes of this title, the following definitions shall apply: (1) "Direct marketing purposes" means the use of personal information for marketing or advertising...
- California Civil Code Section 1798.92
For the purposes of this title: (a) "Claimant" means a person who has or purports to have a claim for money or an interest in...
- California Civil Code Section 1798.93
(a) A person may bring an action against a claimant to establish that the person is a victim of identity theft in connection with the...
- California Civil Code Section 1798.94
An action or cross-complaint brought under this title that joins other claimants as defendants in the same action or cross-complaint shall be deemed to comply...
- California Civil Code Section 1798.95
A court shall have continuing jurisdiction over an action or cross-complaint filed pursuant to this title in order to provide for the joinder of related...
- California Civil Code Section 1798.96
Any action brought pursuant to this title or any joinder of a defendant pursuant to Section 1798.82 may be brought within four years of the...
- California Civil Code Section 1798.97
(a) This title does not apply to a transaction subject to Section 1747.10. (b) Nothing is this title shall be construed to affect a claimant'...
- California Civil Code Section 1799
As used in this title: (a) The term "bookkeeping services" means keeping books, making trial balances, preparing statements, making audits, or preparing reports, all as...
- California Civil Code Section 1799.1
(a) No business entity which performs bookkeeping services shall disclose in whole or in part the contents of any record, including the disclosure of information...
- California Civil Code Section 1799.1a
(a) No person, including an individual, firm, corporation, association, partnership, or joint venture, or any employee or agent thereof, shall disclose information obtained from a...
- California Civil Code Section 1799.1b
(a) Any credit card issuer that receives a change of address request, other than for a correction of a typographical error, from a cardholder who...
- California Civil Code Section 1799.2
(a) A person may initiate a civil action against a business entity in accordance with state law whenever a business entity violates the provisions of...
- California Civil Code Section 1799.3
(a) No person providing video cassette sales or rental services shall disclose any personal information or the contents of any record, including sales or rental...
- California Civil Code Section 1799.5
(a) "Precomputed interest" means interest, as that term is contemplated by the Truth in Lending Act, 15 United States Code 1605 (a)(1), which is (1)...
- California Civil Code Section 1799.6
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1799.8
(a) "Precomputed finance charge" means a finance charge which is (1) computed by multiplying the original contract balance by a rate and multiplying that product...
- California Civil Code Section 1799.85
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1799.90
As used in this title: (a) "Consumer credit contract" means any of the following obligations to pay money on a deferred payment basis, where the...
- California Civil Code Section 1799.91
(a) Unless the persons are married to each other, each creditor who obtains the signature of more than one person on a consumer credit contract...
- California Civil Code Section 1799.92
(a) If the notice required by Section 1799.91 is included with the text of the consumer credit contract or with any other document establishing the...
- California Civil Code Section 1799.93
(a) The creditor shall not obtain the signature of any person entitled to notice under Section 1799.91 if the consumer credit contract contains blank spaces...
- California Civil Code Section 1799.94
The text of the statement required by Section 1799.91 of this title shall not be construed to alter or affect the rights and obligations of...
- California Civil Code Section 1799.95
No action shall be brought, nor shall any security interest be enforced, by any creditor or any assignee of a creditor on any consumer credit...
- California Civil Code Section 1799.96
If federal law or regulations require or permit the use of a notice substantially similar to that required by Section 1799.91, the use of such...
- California Civil Code Section 1799.97
(a) No consumer credit contract shall provide for a security interest in any religious books, religious artifacts, or religious materials, valued at less than five...
- California Civil Code Section 1799.98
(a) Nothing in this title shall be construed to make applicable or affect or operate as a waiver of any of the provisions of any...
- California Civil Code Section 1799.99
(a) This section applies to transactions, other than consumer credit contracts as defined in Section 1799.90, which are subject to 16 C.F.R. 444.3, 12 C.F.R....
- California Civil Code Section 1799.100
(a) It is unlawful for any person to take a security interest in any household goods, as defined in subdivision (g), in connection with a...
- California Civil Code Section 1799.101
(a) For the purposes of this section, the following terms are defined as follows: (1) "Adverse information" means information directly or indirectly indicating that a...
- California Civil Code Section 1799.102
(a) A cosigner who suffers a loss as a result of a violation of Section 1799.101 may bring an action to recover actual damages or...
- California Civil Code Section 1799.103
No consumer credit contract or guarantee of a consumer credit contract shall provide for a security interest in any investment property, as defined in paragraph...
- California Civil Code Section 1799.104
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1799.200
This title shall be known and may be cited as the Consumer Contract Awareness Act of 1990.
- California Civil Code Section 1799.201
As used in this title: (a) "Consumer" means a natural person who has entered into a consumer contract with a seller. (b) "Consumer contract" means...
- California Civil Code Section 1799.202
(a) Except as otherwise provided in this title, a seller shall deliver a copy of a consumer contract to the consumer at the time it...
- California Civil Code Section 1799.203
(a) It shall be deemed compliance with Section 1799.202 if a copy of any consumer contract which is subject to Article 10 (commencing with Section...
- California Civil Code Section 1799.204
If more than one consumer has signed a consumer contact, the seller may comply with Section 1799.202 by mailing or delivering the copy to any...
- California Civil Code Section 1799.205
(a) A seller who fails to comply with Section 1799.202 is liable to the consumer for any actual damages suffered by the consumer as the...
- California Civil Code Section 1799.206
(a) Except as otherwise provided in this section, a seller shall deliver a copy of the consumer contract guaranty to the guarantor at the time...
- California Civil Code Section 1799.207
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1801
This chapter may be cited as the "Unruh Act."
- California Civil Code Section 1801.1
Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be unenforceable and void.
- California Civil Code Section 1801.2
If any provisions of this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the...
- California Civil Code Section 1801.4
The provisions of this chapter shall not apply to any contract or series of contracts providing for: (a) the construction, sale, or construction and sale...
- California Civil Code Section 1801.5
Notwithstanding any other provision of this chapter to the contrary, any information required to be disclosed in a retail installment contract or other document under...
- California Civil Code Section 1801.6
(a) The Legislature finds that the decisional law of this state regarding the characterization of credit transactions as either loans or credit sales has been...
- California Civil Code Section 1801.7
The provisions of this chapter shall not apply to any premium finance agreement entered into by an industrial loan company pursuant to Chapter 8 (commencing...
- California Civil Code Section 1802
Unless the context or subject matter otherwise requires, the definitions given in this article govern the construction of this chapter.
- California Civil Code Section 1802.1
"Goods" means tangible chattels bought for use primarily for personal, family or household purposes, including certificates or coupons exchangeable for such goods, and including goods...
- California Civil Code Section 1802.2
"Services" means work, labor and services, for other than a commercial or business use, including services furnished in connection with the sale or repair of...
- California Civil Code Section 1802.3
"Retail seller" or "seller" means a person engaged in the business of selling goods or furnishing services to retail buyers.
- California Civil Code Section 1802.4
"Retail buyer" or "buyer" means a person who buys goods or obtains services from a retail seller in a retail installment sale and not principally...
- California Civil Code Section 1802.5
"Retail installment sale" or "sale" means the sale of goods or the furnishing of services by a retail seller to a retail buyer for a...
- California Civil Code Section 1802.6
"Retail installment contract" or "contract" means any contract for a retail installment sale between a buyer and seller, entered into or performed in this state,...
- California Civil Code Section 1802.7
"Retail installment account" or "installment account" or "revolving account" means an account established by an agreement entered into in this state, pursuant to which the...
- California Civil Code Section 1802.8
"Cash price" means the cash price stated in a retail installment contract for which the seller would sell or furnish to the buyer and the...
- California Civil Code Section 1802.9
"Total sale price" means the total of the cash price of the goods or services, the amounts, if any, included for insurance, official fees, and...
- California Civil Code Section 1802.10
"Finance charge" means the amount however denominated or expressed which the retail buyer contracts to pay or pays for the privilege of purchasing goods or...
- California Civil Code Section 1802.11
(a) "Amount financed" means the amount required to be disclosed pursuant to paragraph (7) of subdivision (c) of Section 1803.3. (b) "Unpaid balance" means the...
- California Civil Code Section 1802.12
"Total of payments" means the amount required to be disclosed pursuant to subdivision (h) of Section 226.18 of Regulation Z. The term includes any portion...
- California Civil Code Section 1802.13
"Holder" means the retail seller who acquires a retail installment contract or installment account executed, incurred or entered into by a retail buyer, or if...
- California Civil Code Section 1802.14
"Official fees" means the fees required by law and actually to be paid to the appropriate public officer to perfect a lien or other security...
- California Civil Code Section 1802.15
"Person" means an individual, partnership, corporation, limited liability company, association or other group, however organized.
- California Civil Code Section 1802.16
"Financing agency" means a person engaged in this State in whole or in part in the business of purchasing retail installment contracts, or installment accounts...
- California Civil Code Section 1802.17
"Billing cycle" means the time interval between regular monthly billing statement dates.
- California Civil Code Section 1802.18
"Regulation Z" means any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System ("Board") under the Federal Truth in...
- California Civil Code Section 1802.19
(a) For the purposes of this chapter, a retail installment contract, contract, retail installment account, installment account, or revolving account shall be deemed to have...
- California Civil Code Section 1802.20
"Simple-interest basis" means the determination of a finance charge, other than an administrative finance charge, by applying a constant rate to the unpaid balance as...
- California Civil Code Section 1802.21
"Precomputed basis" means the determination of a finance charge by multiplying the original unpaid balance of the contract by a rate and multiplying that product...
- California Civil Code Section 1803.1
A retail installment contract shall be dated and in writing; the printed portion thereof shall be in at least eight-point type.
- California Civil Code Section 1803.2
Except as provided in Section 1808.3, every retail installment contract shall be contained in a single document that shall contain: (a) The entire agreement of...
- California Civil Code Section 1803.3
Except as provided in Article 8 (commencing with Section 1808.1) of this chapter, a contract shall contain the following: (a) The names of the seller...
- California Civil Code Section 1803.4
The seller shall not obtain the signature of the buyer to a contract when it contains blank spaces to be filled in after it has...
- California Civil Code Section 1803.5
If the cost of any insurance is included in the contract and a separate charge is made to the buyer for such insurance: (a) The...
- California Civil Code Section 1803.6
(a) A contract may provide that for each installment in default the buyer shall pay a delinquency charge not in excess of one of the...
- California Civil Code Section 1803.7
The seller shall deliver to the buyer at the time of the buyer's signature a legible copy of the contract or of any other document...
- California Civil Code Section 1803.8
Retail installment sales negotiated and entered into by mail or telephone without personal solicitation by a salesman or other representative of the seller, where the...
- California Civil Code Section 1803.9
If it is explicitly understood between the seller and the buyer that all or any part of the cash price will be paid from the...
- California Civil Code Section 1803.10
It shall be unlawful for any seller to induce or attempt to induce any person to enter into a contract subject to this act by...
- California Civil Code Section 1803.11
It shall be unlawful for any seller to solicit buyers, in any advertisement, to enter into a retail installment contract with it if the seller...
- California Civil Code Section 1804.1
No contract or obligation shall contain any provision by which: (a) The buyer agrees not to assert against a seller a claim or defense arising...
- California Civil Code Section 1804.2
(a) An assignee of the seller's rights is subject to all equities and defenses of the buyer against the seller arising out of the sale,...
- California Civil Code Section 1804.3
(a) No contract other than one for services shall provide for a security interest in any goods theretofore fully paid for or which have not...
- California Civil Code Section 1804.4
Any provision in a contract which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the contract.
- California Civil Code Section 1803.5
If the cost of any insurance is included in the contract and a separate charge is made to the buyer for such insurance: (a) The...
- California Civil Code Section 1803.6
(a) A contract may provide that for each installment in default the buyer shall pay a delinquency charge not in excess of one of the...
- California Civil Code Section 1803.7
The seller shall deliver to the buyer at the time of the buyer's signature a legible copy of the contract or of any other document...
- California Civil Code Section 1803.8
Retail installment sales negotiated and entered into by mail or telephone without personal solicitation by a salesman or other representative of the seller, where the...
- California Civil Code Section 1803.9
If it is explicitly understood between the seller and the buyer that all or any part of the cash price will be paid from the...
- California Civil Code Section 1803.10
It shall be unlawful for any seller to induce or attempt to induce any person to enter into a contract subject to this act by...
- California Civil Code Section 1803.11
It shall be unlawful for any seller to solicit buyers, in any advertisement, to enter into a retail installment contract with it if the seller...
- California Civil Code Section 1805.1
The holder of the contract shall not charge, collect, or receive a finance charge which exceeds the dollar amount shown pursuant to subdivision (b) of...
- California Civil Code Section 1805.2
Contracts may be payable in successive monthly, semimonthly or weekly installments.
- California Civil Code Section 1805.4
The finance charge shall be inclusive of all charges incident to investigating and making the contract and for the extension of the credit provided for...
- California Civil Code Section 1805.6
(a) Notwithstanding the provisions of any contract to the contrary, except as provided in subdivision (b) or (c), no retail seller shall assess any finance...
- California Civil Code Section 1805.7
All contracts entered into between a buyer and a seller on or after January 1, 1983, shall provide for the calculation of the finance charge...
- California Civil Code Section 1805.8
The maximum rate of finance charge which may be imposed on amounts advanced by the holder subsequent to the execution of the contract for insurance,...
- California Civil Code Section 1805.9
No contract shall provide for a finance charge which is determined in part by the precomputed basis and in part by the simple-interest basis, except...
- California Civil Code Section 1806.1
Unless the buyer has notice of actual or intended assignment of a contract or installment account, payment thereunder made by the buyer to the last...
- California Civil Code Section 1806.2
At any time after its execution, but not later than one year after the last payment thereunder, the holder of a contract shall, upon written...
- California Civil Code Section 1806.3
(a) Notwithstanding any provision of a contract to the contrary, the buyer may pay at any time before maturity the entire indebtedness evidenced by the...
- California Civil Code Section 1806.4
After the payment of all sums for which the buyer is obligated under a contract and upon demand made by the buyer, the holder shall...
- California Civil Code Section 1807.1
(a) The holder of a retail installment contract may, upon agreement with the buyer, extend the scheduled due date or defer the scheduled payment of...
- California Civil Code Section 1807.2
The holder of a retail installment contract or contracts may, upon agreement in writing with the buyer, refinance the remaining amount owing on the contract...
- California Civil Code Section 1807.3
(a) If any payment, other than a deferred downpayment, under a contract or refinancing agreement is more than twice the amount of an otherwise regularly...
- California Civil Code Section 1808.1
A retail installment contract, which otherwise conforms to the requirements of this chapter, may contain the provision that the seller may at his option add...
- California Civil Code Section 1808.2
When a subsequent purchase is made, the entire amount of all payments made previous thereto shall be deemed to have been applied toward the payment...
- California Civil Code Section 1808.3
If a credit sale is one of a series of transactions made pursuant to an agreement providing for the addition of the amount financed plus...
- California Civil Code Section 1808.4
Until the seller delivers to the buyer the memorandum as provided in Sections 1808.2 and 1808.3, the buyer shall be obligated to pay only the...
- California Civil Code Section 1808.5
Subject to the other provisions of Article 5 (commencing with Section 1805.1), the finance charge to be included in a consolidated total of payments under...
- California Civil Code Section 1809.1
Notwithstanding any contrary provision of this title a financing agency may purchase a retail installment contract or installment account from a seller on such terms...
- California Civil Code Section 1810
For the purposes of this article, a retail installment account agreement shall be deemed to be accepted by the buyer if (1) the buyer signs...
- California Civil Code Section 1810.1
Notwithstanding any other provisions of this article to the contrary, before the first transaction is made on any retail installment account, the seller shall disclose...
- California Civil Code Section 1810.2
Subject to the other provisions of this article, the seller or holder of a retail installment account may charge, receive and collect a finance charge...
- California Civil Code Section 1810.3
(a) Except in the case of an account which the seller deems to be uncollectible or with respect to which delinquency collection procedures have been...
- California Civil Code Section 1810.4
The finance charge shall include all charges incident to investigating and making the retail installment account. No fee, expense, delinquency, collection, or other charge whatsoever...
- California Civil Code Section 1810.5
If the cost of any insurance is to be separately charged to the buyer, there shall be an agreement to this effect, signed by both...
- California Civil Code Section 1810.6
Nothing in this article prohibits the execution of an agreement between a buyer and seller whereby the seller retains a security interest in goods sold...
- California Civil Code Section 1810.7
No retail installment account shall require or entail the execution of any note or series of notes by the buyer which when separately negotiated will...
- California Civil Code Section 1810.8
The provisions of Sections 1806.1 and 1806.4 shall be applicable to retail installment accounts.
- California Civil Code Section 1810.10
(a) Notwithstanding the provision of any contract to the contrary, except as provided in subdivision (b) or (c), no retail seller shall assess any finance...
- California Civil Code Section 1810.11
The buyer may request, not more frequently than once a year, that the seller inform the buyer of the total amount of finance charges assessed...
- California Civil Code Section 1810.12
(a) Notwithstanding Section 1810.4, a seller or holder of a retail installment account may, subject to subdivision (d) of Section 1810.3, provide that for each...
- California Civil Code Section 1810.20
This article shall be known and may be cited as the "Areias Retail Installment Account Full Disclosure Act of 1986."
- California Civil Code Section 1810.21
(a) Any application form or preapproved written solicitation for a credit card issued in connection with a retail installment account that is mailed on or...
- California Civil Code Section 1811.1
Reasonable attorney's fees and costs shall be awarded to the prevailing party in any action on a contract or installment account subject to the provisions...
- California Civil Code Section 1812.2
In the event of any default by the buyer in the performance of his obligations under a contract or installment account, the holder, pursuant to...
- California Civil Code Section 1812.3
The notice provided for in Section 1812.2 shall be given to the buyer and any other person liable by causing it to be delivered personally...
- California Civil Code Section 1812.4
The proceeds of a resale shall be applied (1) to the payment of the expenses thereof, (2) to the payment of any expenses of retaking,...
- California Civil Code Section 1812.5
If the proceeds of the sale are not sufficient to cover items (1), (2) and (3) of Section 1812.4, the holder may not recover the...
- California Civil Code Section 1812.6
Any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
- California Civil Code Section 1812.7
In case of failure by any person to comply with the provisions of this chapter, such person or any person who acquires a contract or...
- California Civil Code Section 1812.8
Notwithstanding the provisions of this article, any failure to comply with any provision of this chapter may be corrected by the holder in accordance with...
- California Civil Code Section 1812.9
In any case in which a person willfully violates any provision of this chapter in connection with the imposition, computation or disclosures of or relating...
- California Civil Code Section 1812.10
(a) An action on a contract or installment account under this chapter shall be tried in the superior court in the county where the contract...
- California Civil Code Section 1812.20
Notwithstanding Section 1801.6, no person shall require a purchaser of goods or services to obtain financing from any particular source. Any person who violates this...
- California Civil Code Section 1812.30
(a) No person, regardless of marital status, shall be denied credit in his or her own name if the earnings and other property over which...
- California Civil Code Section 1812.31
(a) Whoever violates Section 1812.30 shall be liable to the aggrieved person in an amount equal to the sum of any actual damages sustained by...
- California Civil Code Section 1812.32
Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter may be enjoined...
- California Civil Code Section 1812.33
(a) Any person who intentionally violates any injunction issued pursuant to this chapter shall be liable for a civil penalty not to exceed two thousand...
- California Civil Code Section 1812.34
Any person denied credit or offered credit in violation of Section 1812.30 who brings an action pursuant to Section 1812.31 or 1812.32 of this code...
- California Civil Code Section 1812.35
Any action commenced pursuant to Section 1812.31 shall be commenced within two years from the date on which the person is denied credit or is...
- California Civil Code Section 1812.50
(a) The Legislature finds that there exists in connection with a substantial number of contracts for dance studio lessons and other services, sales practices, and...
- California Civil Code Section 1812.51
As used in this title, "contract for dance studio lessons and other services" means a contract for instruction in ballroom or other types of dancing,...
- California Civil Code Section 1812.52
Every contract for dance studio lessons and other services shall be in writing and shall be subject to this title. A copy of the written...
- California Civil Code Section 1812.53
(a) No contract for dance studio lessons and other services shall require payments or financing by the buyer over a period in excess of one...
- California Civil Code Section 1812.54
(a) Every contract for dance studio lessons and other services shall provide that performance of the agreed-upon lessons will begin within six months from the...
- California Civil Code Section 1812.55
No contract for dance studio lessons and other services shall require or entail the execution of any note or series of notes by the buyer...
- California Civil Code Section 1812.56
No right of action or defense arising out of a contract for dance studio lessons and other services which the buyer has against the seller,...
- California Civil Code Section 1812.57
(a) Every contract for dance studio lessons and other services shall contain a clause providing that if, by reason of death or disability, the person...
- California Civil Code Section 1812.58
The provisions of this title are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable...
- California Civil Code Section 1812.59
Any contract for dance studio lessons and other services which does not comply with the applicable provisions of this title shall be void and unenforceable...
- California Civil Code Section 1812.60
Any contract for dance studio lessons and other services entered into in reliance upon any willful and false, fraudulent, or misleading information, representation, notice, or...
- California Civil Code Section 1812.61
Any waiver of the buyer of the provisions of this title shall be deemed contrary to public policy and shall be void and unenforceable.
- California Civil Code Section 1812.62
(a) Any buyer injured by a violation of this title may bring an action for the recovery of damages. Judgment may be entered for three...
- California Civil Code Section 1812.63
Any person who violates any provision of this title relating to dance studio contracts is guilty of a misdemeanor. Any superior court of this state...
- California Civil Code Section 1812.64
Every dance studio shall maintain a bond issued by a surety company admitted to do business in this state. The principal sum of the bond...
- California Civil Code Section 1812.65
The bond required by Section 1812.64 shall be in favor of the State of California for the benefit of any person who, after entering into...
- California Civil Code Section 1812.67
(a) Sections 1812.64 and 1812.65 do not apply to any dance studio which requires or receives less than fifty dollars ($50) in advance payments from...
- California Civil Code Section 1812.68
If any provision of this title or the application thereof to any person or circumstances is held unconstitutional, the remainder of the title and the...
- California Civil Code Section 1812.69
(a) The Secretary of State shall enforce the provisions of this title that govern the filing and maintenance of bonds. (b) The Secretary of State...
- California Civil Code Section 1812.80
(a) The Legislature finds that the health studio industry has a significant impact upon the economy and well-being of this state and its local communities;...
- California Civil Code Section 1812.81
As used in this title, "contract for health studio services" means a contract for instruction, training or assistance in physical culture, body building, exercising, reducing,...
- California Civil Code Section 1812.82
Every contract for health studio services shall be in writing and shall be subject to the provisions of this title. A copy of the written...
- California Civil Code Section 1812.83
All contracts for health studio services, which may be in effect between the same seller and the same buyer, the terms of which overlap for...
- California Civil Code Section 1812.84
(a) A contract for health studio services may not require payments or financing by the buyer to exceed the term of the contract, nor may...
- California Civil Code Section 1812.85
(a) Every contract for health studio services shall provide that performance of the agreed-upon services will begin within six months after the date the contract...
- California Civil Code Section 1812.86
(a) No contract for health studio services shall require payment by the person receiving the services or the use of the facilities of a total...
- California Civil Code Section 1812.87
No contract for health studio services shall require or entail the execution of any note or series of notes by the buyer which when separately...
- California Civil Code Section 1812.88
No right of action or defense arising out of a contract for health studio services which the buyer has against the seller, and which would...
- California Civil Code Section 1812.89
(a) (1) Every contract for health studio services shall contain a clause providing that if, by reason of death or disability, the person agreeing to...
- California Civil Code Section 1812.90
The provisions of this title are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable...
- California Civil Code Section 1812.91
Any contract for health studio services which does not comply with the applicable provisions of this title shall be void and unenforceable as contrary to...
- California Civil Code Section 1812.92
Any contract for health studio services entered into in reliance upon any willful and false, fraudulent, or misleading information, representation, notice or advertisement of the...
- California Civil Code Section 1812.93
Any waiver of the buyer of the provisions of this title shall be deemed contrary to public policy and shall be void and unenforceable.
- California Civil Code Section 1812.94
(a) Any buyer injured by a violation of this title may bring an action for the recovery of damages. Judgment may be entered for three...
- California Civil Code Section 1812.95
If any provision of this title or the application thereof to any person or circumstances is held unconstitutional, the remainder of the title and the...
- California Civil Code Section 1812.96
(a) Except as provided in subdivision (c) or (d), all money received by the seller of health studio services from a consumer for a health...
- California Civil Code Section 1812.98
Nothing in this title is intended to prohibit month-to-month contracts. This section is declaratory of existing law.
- California Civil Code Section 1812.97
(a) Every contract which has as its purpose the lease or rental of athletic facilities for instruction, training, or assistance in physical culture, body building,...
- California Civil Code Section 1812.100
(a) The Legislature finds that there exists in connection with a substantial number of contracts for discount buying services, sales practices and business and financing...
- California Civil Code Section 1812.101
For the purpose of this title, the following definitions shall be used: (a) "Discount buying organization" means any person or persons, corporation, unincorporated association, or...
- California Civil Code Section 1812.103
Every discount buying organization shall maintain a bond issued by a surety company admitted to do business in this state. The principal sum of the...
- California Civil Code Section 1812.104
The bond required by Section 1812.103 shall be in favor of the State of California for the benefit of any person who is damaged by...
- California Civil Code Section 1812.105
(a) When a deposit has been made in lieu of a bond pursuant to Section 995.710 of the Code of Civil Procedure, the person asserting...
- California Civil Code Section 1812.106
Every discount buying organization, before obtaining the signature of a potential buyer on any application or contract for discount buying services, shall provide to the...
- California Civil Code Section 1812.107
Every contract for discount buying services shall be in writing and shall be subject to the provisions of this title. The address of the seller's...
- California Civil Code Section 1812.108
All contracts for discount buying services, which may be in effect between a seller or related sellers and a buyer, the terms of which overlap...
- California Civil Code Section 1812.109
No contract for discount buying services shall require payments or financing by the buyer over a period in excess of two years from the date...
- California Civil Code Section 1812.110
Every contract for discount buying services shall provide that the buying services shall become available to the buyer within seven days from the date the...
- California Civil Code Section 1812.113
No contract for discount buying sevices shall require or entail the execution of any note or series of notes by the buyer which, when separately...
- California Civil Code Section 1812.114
No right of action or defense arising out of a contract for discount buying services which the buyer has against the discount buying organization shall...
- California Civil Code Section 1812.116
(a) Every contract for discount buying services shall provide that if any goods ordered by the buyer from the seller are not delivered to the...
- California Civil Code Section 1812.117
(a) An affiliate discount buying organization may, at its option, and with the express written consent of its parent, comply with the trust account withdrawal...
- California Civil Code Section 1812.118
Every contract for discount buying services shall further provide that such contract may be canceled at any time within three days after the date of...
- California Civil Code Section 1812.119
(a) Any contract for discount buying services which does not comply with the applicable provisions of this title shall be voidable by the buyer. (b)...
- California Civil Code Section 1812.120
Any untrue or misleading information, representation, notice or advertisement of the seller which has been received by or made to the buyer prior to his...
- California Civil Code Section 1812.121
(a) If a discount buying organization removes its place of business or, if it conducts business at more than one location, that place of business...
- California Civil Code Section 1812.122
Any transfer by a discount buying organization of its duty or obligation to provide services to buyers under its contracts for discount buying services to...
- California Civil Code Section 1812.123
(a) Any buyer injured by a violation of this title may bring an action for the recovery of damages and return of all moneys paid...
- California Civil Code Section 1812.125
(a) Any person who violates subdivision (b) or (c) of Section 1812.116 shall, upon conviction, be fined not more than ten thousand dollars ($10,000) for...
- California Civil Code Section 1812.126
The prohibitions of this title are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable...
- California Civil Code Section 1812.127
Any waiver by the buyer of the provisions of this title shall be deemed contrary to public policy and shall be void and unenforceable.
- California Civil Code Section 1812.128
If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions...
- California Civil Code Section 1812.129
(a) The Secretary of State shall enforce the provisions of this title that govern the filing and maintenance of bonds and deposits in lieu of...
- California Civil Code Section 1812.200
(a) The Legislature finds and declares that the widespread sale of seller assisted marketing plans, often connected with the sale of vending machines, racks or...
- California Civil Code Section 1812.201
For the purposes of this title, the following definitions shall apply: (a) "Seller assisted marketing plan" means any sale or lease or offer to sell...
- California Civil Code Section 1812.202
(a) An offer to sell or offer to lease a seller assisted marketing plan shall occur in this state whenever: (1) The offer to sell...
- California Civil Code Section 1812.203
(a) The seller of any seller assisted marketing plan shall pay an annual fee in the amount of one hundred dollars ($100) and annually file...
- California Civil Code Section 1812.204
In selling, leasing, or offering to sell or lease a seller assisted marketing plan in this state, sellers shall not: (a) Use the phrase "buy-back"...
- California Civil Code Section 1812.205
At the first in-person communication with a potential purchaser or in the first written response to an inquiry by a potential purchaser, whichever occurs first,...
- California Civil Code Section 1812.206
At least 48 hours prior to the execution of a seller assisted marketing plan contract or agreement or at least 48 hours prior to the...
- California Civil Code Section 1812.207
Every contract for sale or lease of a seller assisted marketing plan in this state shall be in writing and shall be subject to the...
- California Civil Code Section 1812.208
The purchaser shall have the right to cancel a seller assisted marketing plan contract for any reason at any time within three business days of...
- California Civil Code Section 1812.209
Every seller assisted marketing plan contract shall set forth in at least 10-point type or equivalent size if handwritten, all of the following: (a) The...
- California Civil Code Section 1812.210
(a) No seller assisted marketing plan contract shall require or entail the execution of any note or series of notes by the purchaser which, when...
- California Civil Code Section 1812.211
Any assignee of the seller assisted marketing plan contract or the seller's rights is subject to all equities, rights and defenses of the purchaser against...
- California Civil Code Section 1812.212
No seller shall make or authorize the making of any reference to its compliance with this title.
- California Civil Code Section 1812.213
Every seller shall at all times keep and maintain a complete set of books, records and accounts of seller assisted marketing plan sales made by...
- California Civil Code Section 1812.214
(a) Every seller of seller-assisted marketing plans other than a California corporation shall file with the Attorney General an irrevocable consent appointing the Secretary of...
- California Civil Code Section 1812.215
(a) If a seller uses any untrue or misleading statements to sell or lease a seller assisted marketing plan, or fails to comply with Section...
- California Civil Code Section 1812.216
(a) Any waiver by a purchaser of the provisions of this title shall be deemed contrary to public policy and shall be void and unenforceable....
- California Civil Code Section 1812.217
Any person, including, but not limited to, the seller, a salesman, agent or representative of the seller or an independent contractor who attempts to sell...
- California Civil Code Section 1812.218
Any purchaser injured by a violation of this title or by the seller's breach of a contract subject to this title or of any obligation...
- California Civil Code Section 1812.219
The provisions of this title are not exclusive. The remedies provided herein for violation of any section of this title or for conduct proscribed by...
- California Civil Code Section 1812.220
If any provision of this act or if any application thereof to any person or circumstance is held unconstitutional, the remainder of the title and...
- California Civil Code Section 1812.221
(a) When a deposit has been made in lieu of bond pursuant to paragraph (1) of subdivision (b) of Section 1812.214 and Section 995.710 of...
- California Civil Code Section 1812.300
For the purposes of this title: (a) "Membership camping operator" means any enterprise, other than one that is tax exempt under Section 501(c)(3) of the...
- California Civil Code Section 1812.301
The membership camping contracts and persons covered by this title shall be subject to Chapter 5 (commencing with Section 17200) of Part 2 of Division...
- California Civil Code Section 1812.302
A membership camping operator shall provide to a purchaser the following written disclosures in any format which clearly communicates the following reasonably current information before...
- California Civil Code Section 1812.303
(a) A membership camping contract shall be written in the same language as that principally used in any oral sales presentation (e.g., Spanish). A membership...
- California Civil Code Section 1812.304
(a) If the purchaser has not inspected at least one of the membership camping operator's campgrounds prior to purchase of a membership camping contract, the...
- California Civil Code Section 1812.305
The following transactions are exempt from the provisions of this title. (a) An offer, sale or transfer by any one person of not more than...
- California Civil Code Section 1812.306
(a) A purchaser's remedy for errors in or omissions from the membership camping contract of any of the disclosures or requirements of Sections 1812.302 to...
- California Civil Code Section 1812.307
No membership camping operator shall withdraw from the use by purchasers of membership camping contracts any campground unless one of the following conditions is satisfied:...
- California Civil Code Section 1812.308
(a) Except in the case of a membership camping operator substituting a campground in accordance with Section 1812.307, no membership camping operator or owner of...
- California Civil Code Section 1812.309
(a) Campgrounds subject to this section include any campground which is offered or made available by an operator for the first time after January 1,...
- California Civil Code Section 1812.314
(a) All money received from the owner of a membership camping contract or the prospective purchaser thereof, by a membership camping contract broker in advance...
- California Civil Code Section 1812.315
If any provision of this title or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions...
- California Civil Code Section 1812.316
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1812.400
The Legislature finds and declares that it is unfair for a creditor who has directly participated in, arranged, or received a commission or other compensation...
- California Civil Code Section 1812.401
For the purposes of this title: (a) "Credit disability insurance" means insurance of a debtor to provide indemnity for payments becoming due on a specific...
- California Civil Code Section 1812.402
(a) No creditor, as defined in Section 1812.401, shall invoke any creditor's remedy against a debtor because of the debtor's nonpayment of any sum which...
- California Civil Code Section 1812.403
A creditor may invoke any creditor's remedy 15 days after receiving notice that the insurer has ceased making payments on a credit disability insurance claim...
- California Civil Code Section 1812.404
This title shall apply to a creditor only if the creditor, the predecessor to the right, title, or interest of the creditor, or the representative...
- California Civil Code Section 1812.405
This title shall not prohibit a creditor from invoking any creditor's remedy as a result of a debtor's nonpayment when due of any amount obtained...
- California Civil Code Section 1812.406
(a) This title does not apply to credit disability insurance covering a key person, as hereinafter defined, which a creditor requires as a condition to...
- California Civil Code Section 1812.407
The provisions of this title shall apply to the nonpayment of any sum which becomes due on or after April 1, 1984, and for which...
- California Civil Code Section 1812.408
Any waiver by the debtor of the provisions of this title shall be void and unenforceable.
- California Civil Code Section 1812.409
This title shall not affect or defeat an interest in the debtor's property, acquired after the creditor invokes a creditor's remedy in violation of this...
- California Civil Code Section 1812.410
If any provision of this title or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the title...
- California Civil Code Section 1812.500
This title shall be known and cited as the Employment Agency, Employment Counseling, and Job Listing Services Act.
- California Civil Code Section 1812.501
(a) (1) "Employment agency" or "agency" means: (A) Any person who, for a fee or other valuable consideration to be paid, directly or indirectly by...
- California Civil Code Section 1812.502
(a) This title does not apply to any person who provides any of the services described in subdivision (a) of Section 1812.501 and who charges...
- California Civil Code Section 1812.503
(a) Every employment agency subject to this title shall maintain a bond issued by a surety company admitted to do business in this state. The...
- California Civil Code Section 1812.504
(a) Every employment agency shall give a written contract to every jobseeker from whom a fee or deposit is to be received, whether directly or...
- California Civil Code Section 1812.505
(a) (1) An employment agency shall provide a copy of the agency's jobseeker fee schedule and payment terms to any jobseeker from whom a fee...
- California Civil Code Section 1812.506
(a) If a jobseeker paying or becoming obligated to pay a fee, or making a deposit on a fee for placement fails to accept employment,...
- California Civil Code Section 1812.507
(a) No employment agency shall accept a fee from any jobseeker, or send any jobseeker for employment, without having obtained, orally or in writing, a...
- California Civil Code Section 1812.508
(a) No employment agency shall make, or cause to be made, any false, misleading, or deceptive advertisements or representations concerning the services that the agency...
- California Civil Code Section 1812.509
(a) No employment agency shall, when employment would be in violation of Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of...
- California Civil Code Section 1812.5093
(a) Every employment agency that refers a child care provider to an employer who is not required to be a licensed child day care facility...
- California Civil Code Section 1812.5095
(a) For purposes of this section, the term "employment agency" means an employment agency, as defined in paragraph (3) of subdivision (a) of Section 1812.501,...
- California Civil Code Section 1812.510
(a) Every employment counseling service subject to this title shall maintain a bond issued by a surety company admitted to do business in this state....
- California Civil Code Section 1812.511
(a) Every contract for employment counseling services shall be in writing. An original and one copy of the contract shall be given to the customer...
- California Civil Code Section 1812.512
(a) (1) An employment counseling service shall provide a copy of its fee schedule and payment terms to any customer from whom a fee or...
- California Civil Code Section 1812.513
(a) No employment counseling service shall make or cause to be made any false, misleading, or deceptive advertisements or representations concerning the services that the...
- California Civil Code Section 1812.515
(a) Every job listing service subject to this title shall maintain a bond issued by a surety company admitted to do business in this state....
- California Civil Code Section 1812.516
(a) Every job listing service shall give a written contract to every jobseeker from whom a fee or deposit is to be received, whether directly...
- California Civil Code Section 1812.517
(a) (1) A job listing service shall provide a copy of the service's fee schedule and payment terms to any jobseeker from whom a fee...
- California Civil Code Section 1812.518
(a) (1) A job listing service shall refund in full any advance fee paid and cancel any other obligation incurred by the jobseeker if the...
- California Civil Code Section 1812.519
(a) No job listing service shall accept a fee from any jobseeker, or send any jobseeker for employment, without having obtained, in writing, a bona...
- California Civil Code Section 1812.520
(a) No job listing service shall make or cause to be made any false, misleading or deceptive advertisements or representations concerning the services that the...
- California Civil Code Section 1812.521
(a) No job listing service shall, when employment would be in violation of Chapter 1 (commencing with Section 1171) of Part 4 of Division 2...
- California Civil Code Section 1812.522
(a) All books, records, files, the schedules, and other papers required by this title to be kept by any employment agency, employment counseling service, or...
- California Civil Code Section 1812.523
(a) Any person who violates any provision of this title is guilty of a misdemeanor. The Attorney General, any district attorney, or any city attorney...
- California Civil Code Section 1812.524
(a) "Nursing service" means the assignment of a nurse, as a private duty, self-employed, licensed registered nurse, licensed vocational nurse, or practical nurse to render...
- California Civil Code Section 1812.525
(a) Every nurses' registry subject to this title shall maintain a bond issued by a surety company admitted to do business in this state. The...
- California Civil Code Section 1812.526
Nurses' registries may enter into a continuing contract with private duty nurses covering the assignment of those nurses by the nurses' registries. The continuing contract...
- California Civil Code Section 1812.527
(a) (1) A nurses' registry shall provide a copy of the registry's fee schedule and payment terms to any nurse from whom a fee or...
- California Civil Code Section 1812.528
It shall be the duty of the nurses' registry to verify in writing the claims as to the experience or training listed on the application...
- California Civil Code Section 1812.529
Each nurses' registry shall continuously maintain in its offices true and correct permanent log sheets and other records which shall disclose, in addition to the...
- California Civil Code Section 1812.530
(a) No nurses' registry shall accept, directly or indirectly, a registration fee of any kind. (b) No nurses' registry may take from a nurse a...
- California Civil Code Section 1812.531
No nurses' registry shall divide fees with any physician and surgeon, nurse, hospital, patient, or any agent or employee of any of these.
- California Civil Code Section 1812.532
In the event that a nurses' registry collects from a nurse a fee or expenses for an assignment, and the nurse fails to obtain the...
- California Civil Code Section 1812.533
(a) No nurses' registry shall make, or cause to be made, any false, misleading, or deceptive advertisements or representations concerning the services that registry will...
- California Civil Code Section 1812.540
For purposes of this chapter, the following definitions shall apply: (a) "Direct care service" means the temporary assignment of certified nurse assistants to render basic...
- California Civil Code Section 1812.541
Every employment agency that refers temporary certified nurse assistants to an employer that is a long-term health care facility shall provide the employer with all...
- California Civil Code Section 1812.542
Every employment agency that refers temporary licensed nursing staff to an employer who is a licensed long-term health care facility shall provide the employer with...
- California Civil Code Section 1812.543
(a) An employment agency that makes referrals of licensed nursing staff or certified nurse assistants for temporary employment in a long-term health care facility shall...
- California Civil Code Section 1812.544
(a) Every employment agency that makes referrals of licensed nursing staff or certified nurse assistants for temporary employment in a long-term health care facility shall...
- California Civil Code Section 1812.600
(a) Every auctioneer and auction company shall maintain a bond issued by a surety company admitted to do business in this state. The principal sum...
- California Civil Code Section 1812.601
(a) "Advertisement" means any of the following: (1) Any written or printed communication for the purpose of soliciting, describing, or offering to act as an...
- California Civil Code Section 1812.602
The superior court for the county in which any person has engaged or is about to engage in any act that constitutes a violation of...
- California Civil Code Section 1812.603
(a) The superior court for the county in which any person has engaged in any act that constitutes a violation of this title may, upon...
- California Civil Code Section 1812.604
Except as otherwise provided in this title, any person who violates any provision of this title is guilty of a misdemeanor, which offense is punishable...
- California Civil Code Section 1812.605
In conducting the business of auctioneering, each auctioneer and auction company, and the company's owners, partners, officers, agents, and employees, shall do all of the...
- California Civil Code Section 1812.606
Every auctioneer who operates his or her own auction company as a sole proprietor, and every auction company, together with its owners, partners, and officers,...
- California Civil Code Section 1812.607
Every auction company and auctioneer shall do all of the following: (a) Disclose his or her name, trade or business name, telephone number, and bond...
- California Civil Code Section 1812.608
In addition to other requirements and prohibitions of this title, it is a violation of this title for any person to do any of the...
- California Civil Code Section 1812.609
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
- California Civil Code Section 1812.620
This title shall be known and may be cited as the Karnette Rental-Purchase Act.
- California Civil Code Section 1812.621
The Legislature hereby finds and declares that consumers enter into rental-purchase contracts that do not adequately disclose the actual terms and cost of the transaction...
- California Civil Code Section 1812.622
As used in this title: (a) "Advertisement" means a commercial message in any medium that directly or indirectly solicits or promotes one or more specific...
- California Civil Code Section 1812.623
(a) Every rental-purchase agreement shall be contained in a single document which shall set forth all of the agreements of the lessor and the consumer...
- California Civil Code Section 1812.624
(a) No rental-purchase agreement or any document that the lessor requests the consumer to sign shall contain any provision by which: (1) A power of...
- California Civil Code Section 1812.625
(a) The lessor may require the consumer to pay a security deposit, however denominated, in an amount not to exceed the equivalent of one month's...
- California Civil Code Section 1812.626
(a) The lessor may assess a late payment fee if the late payment fee is specified in the rental-purchase agreement and is permitted by this...
- California Civil Code Section 1812.627
(a) The consumer's liability for loss or damage to the property which is the subject of the rental-purchase agreement shall in no event exceed the...
- California Civil Code Section 1812.628
(a) In addition to the circumstances described in subdivision (a) of Section 1689.5, a rental-purchase agreement regardless of the amount involved shall be deemed a...
- California Civil Code Section 1812.629
(a) Upon the request of the consumer, the lessor shall provide the information as required by subdivision (b) of Section 1812.623 in an exemplar of...
- California Civil Code Section 1812.630
(a) (1) Any advertisement of a rental-purchase agreement that states the amount of any payment shall clearly and conspicuously disclose all of the following in...
- California Civil Code Section 1812.631
(a) A consumer may be deemed in default under the rental-purchase agreement if either of the following applies: (1) The rental-purchase agreement requires weekly periodic...
- California Civil Code Section 1812.632
(a) (1) The consumer has the right to acquire ownership of the property within three months of the date on which the consumer executed the...
- California Civil Code Section 1812.633
(a) The lessor shall maintain the property subject to the rental-purchase agreement in good working order while the agreement is in effect without charging any...
- California Civil Code Section 1812.634
When the lessor transfers ownership of the rental property, the lessor shall also transfer to the consumer the unexpired portion of any transferable warranties provided...
- California Civil Code Section 1812.635
(a) A lessor shall not sell, or offer for sale, a service contract for the rental property if that service contract provides any coverage while...
- California Civil Code Section 1812.636
(a) A consumer damaged by a violation of this title by a lessor is entitled to recover all of the following: (1) Actual damages. (2)...
- California Civil Code Section 1812.637
(a) A lessor is not liable for a violation of this title if, before the 30th calendar day after the date the lessor discovers a...
- California Civil Code Section 1812.638
(a) A lessor shall not engage in any unfair, unlawful, or deceptive conduct, or make any untrue or misleading statement in connection with the collection...
- California Civil Code Section 1812.639
A lessor shall not engage in any unfair, unlawful, or deceptive conduct or make any untrue or misleading statement in connection with a rental-purchase agreement,...
- California Civil Code Section 1812.640
A lessor shall not report any late payment, default, or repossession to a consumer credit reporting agency, as defined in subdivision (d) of Section 1785.3,...
- California Civil Code Section 1812.641
(a) A lessor shall not send any solicitation or other promotional material to a person identified by the consumer as a reference to verify the...
- California Civil Code Section 1812.642
A lessor shall not discriminate against a prospective consumer on any ground that would be a prohibited basis for a creditor to discriminate against an...
- California Civil Code Section 1812.643
(a) Except as provided in subdivision (b), a lessor who obtains the signature of more than one person on a rental-purchase agreement shall deliver the...
- California Civil Code Section 1812.644
(a) A lessor shall maintain records that establish the lessor's cost, as defined in subdivision (k) of Section 1812.622, for each item of personal property...
- California Civil Code Section 1812.645
An action on a rental-purchase agreement shall be tried in the county in which the rental-purchase agreement was signed or the consumer resides at the...
- California Civil Code Section 1812.646
Any waiver or modification of the provisions of this title by the consumer or lessor shall be void and unenforceable as contrary to public policy.
- California Civil Code Section 1812.647
Any person who willfully violates any provision of this title is guilty of a misdemeanor.
- California Civil Code Section 1812.648
The rights, remedies, and penalties established by this title are cumulative to the rights, remedies, or penalties established under other laws.
- California Civil Code Section 1812.649
If any provision of this title or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions...
- California Civil Code Section 1812.700
(a) In addition to the requirements imposed by Article 2 (commencing with Section 1788.10) of Title 1.6C, third-party debt collectors subject to the federal Fair...
- California Civil Code Section 1812.701
(a) The notice required in this title may be changed only as necessary to reflect changes under the federal Fair Debt Collection Practices Act (15...
- California Civil Code Section 1812.702
Any violation of this act shall be considered a violation of the Rosenthal Fair Debt Collection Practices Act (Title 1.6C (commencing with Section 1788)).
- California Civil Code Section 1813
A deposit may be voluntary or involuntary; and for safe keeping or for exchange.
- California Civil Code Section 1814
A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the...
- California Civil Code Section 1815
An involuntary deposit is made: (a) By the accidental leaving or placing of personal property in the possession of any person, without negligence on the...
- California Civil Code Section 1816
(a) The person or private entity with whom a thing is deposited in the manner described in Section 1815 is bound to take charge of...
- California Civil Code Section 1817
A deposit for keeping is one in which the depositary is bound to return the identical thing deposited.
- California Civil Code Section 1818
A deposit for exchange is one in which the depositary is only bound to return a thing corresponding in kind to that which is deposited.
- California Civil Code Section 1822
A depositary must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified...
- California Civil Code Section 1823
A depositary is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time.
- California Civil Code Section 1824
A depositary must deliver the thing deposited at his residence or place of business, as may be most convenient for him.
- California Civil Code Section 1825
A depositary must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in...
- California Civil Code Section 1826
A depositary, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and...
- California Civil Code Section 1827
If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depositary may deliver...
- California Civil Code Section 1828
When a deposit is made in the name of two or more persons, deliverable or payable to either or to their survivor or survivors, such...
- California Civil Code Section 1833
A depositor must indemnify the depositary: 1. For all damage caused to him by the defects or vices of the thing deposited; and, 2. For...
- California Civil Code Section 1834
A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any depositary that...
- California Civil Code Section 1834.4
(a) It is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable...
- California Civil Code Section 1834.5
Notwithstanding any other provision of law, whenever any animal is delivered to any veterinarian, dog kennel, cat kennel, pet-grooming parlor, animal hospital, or any other...
- California Civil Code Section 1834.6
An abandoned animal, as described in Section 1834.5, shall not be used for scientific or any other type of experimentation, nor shall such an abandoned...
- California Civil Code Section 1834.7
(a) In any pound or animal regulation department of a public or private agency where animals are turned over dead or alive to a biological...
- California Civil Code Section 1834.8
(a) At any public auction or sale where equines are sold, the management of the auction or sale shall post a sign (measuring a minimum...
- California Civil Code Section 1834.9
(a) Manufacturers and contract testing facilities shall not use traditional animal test methods within this state for which an appropriate alternative test method has been...
- California Civil Code Section 1835
A depositary may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may...
- California Civil Code Section 1836
A depositary is liable for any damage happening to the thing deposited, during his wrongful use thereof, unless such damage must inevitably have happened though...
- California Civil Code Section 1837
If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the...
- California Civil Code Section 1838
If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss...
- California Civil Code Section 1839
So far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by the Title on Employment...
- California Civil Code Section 1844
Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited.
- California Civil Code Section 1845
An involuntary deposit is gratuitous, the depositary being entitled to no reward. However, an involuntary depositary of any live animal may accept advertised rewards or...
- California Civil Code Section 1846
(a) A gratuitous depositary must use, at least, slight care for the preservation of the thing deposited. (b) A gratuitous depositary of a living animal...
- California Civil Code Section 1847
The duties of a gratuitous depositary cease: (a) Upon restoration by the depositary of the thing deposited to its owner. (b) Upon reasonable notice given...
- California Civil Code Section 1851
A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire.
- California Civil Code Section 1852
A depositary for hire must use at least ordinary care for the preservation of the thing deposited.
- California Civil Code Section 1853
In the absence of a different agreement or usage, a depositary for hire is entitled to one week's hire for the sustenance and shelter of...
- California Civil Code Section 1854
In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the...
- California Civil Code Section 1855
Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all...
- California Civil Code Section 1856
A depositary for hire has a lien for storage charges and for advances and insurance incurred at the request of the bailor, and for money...
- California Civil Code Section 1857
If from any cause other than want of ordinary care and diligence on his part, a depositary for hire is unable to deliver perishable property,...
- California Civil Code Section 1858
As used in this article: (a) "Customer" means a natural person who deals with a depositary. (b) "Depositary" means a person who in the ordinary...
- California Civil Code Section 1858.1
Every depositary shall, upon accepting property from a customer, present the customer with written receipt which shall include a statement, if such is the case,...
- California Civil Code Section 1858.2
Every depositary who fails to furnish the receipt, or a statement thereon as required by Section 1858.1, or who makes any misrepresentation in such receipt,...
- California Civil Code Section 1858.3
If the depositary by insurance or by self-insurance does protect property deposited by customers for loss or damage occasioned by theft, fire or vandalism while...
- California Civil Code Section 1859
The liability of an innkeeper, hotelkeeper, operator of a licensed hospital, rest home or sanitarium, furnished apartment house keeper, furnished bungalow court keeper, boardinghouse or...
- California Civil Code Section 1860
If an innkeeper, hotelkeeper, operator of a licensed hospital, rest home or sanitarium, boardinghouse or lodginghouse keeper, keeps a fireproof safe and gives notice to...
- California Civil Code Section 1861
Hotel, motel, inn, boardinghouse, and lodginghouse keepers shall have a lien upon the baggage and other property belonging to or legally under the control of...
- California Civil Code Section 1861.1
Definitions for purposes of Sections 1861 through 1861.27 include the following: (a) "Hotel", "motel", "inn", "boardinghouse", and "lodginghouse keeper" means any person, corporation, partnership, unincorporated...
- California Civil Code Section 1861.5
(a) Upon the filing of a complaint, or at any time thereafter, the plaintiff may apply, pursuant to this article, for a writ of possession...
- California Civil Code Section 1861.6
(a) Except as otherwise provided in this section, no writ shall be issued under this article except after a hearing on a noticed motion. (b)...
- California Civil Code Section 1861.7
Prior to the hearing required by subdivision (a) of Section 1861.6, the defendant shall be served with all of the following: (a) A copy of...
- California Civil Code Section 1861.8
The "Notice of Application and Hearing" shall inform the defendant of all of the following: (a) The hearing will be held at a place and...
- California Civil Code Section 1861.9
Each party shall file with the court and serve upon the other party within the time prescribed by rule, any affidavits and points and authorities...
- California Civil Code Section 1861.10
(a) At the hearing a writ of possession shall issue if all of the following are found: (1) The plaintiff has established the probable validity...
- California Civil Code Section 1861.12
The writ of possession shall meet all of the following requirements: (a) Be directed to the levying officer within whose jurisdiction the property is located....
- California Civil Code Section 1861.13
Neither the failure of the defendant to oppose the issuance of a writ of possession under this article, nor his failure to rebut any evidence...
- California Civil Code Section 1861.14
The determinations of the court under this article shall have no effect on the determination of any issues in the action, other than the issues...
- California Civil Code Section 1861.15
If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant, and be liable for all damages sustained...
- California Civil Code Section 1861.16
(a) At or after the time he files an application for a writ of possession, the plaintiff may apply for a temporary restraining order by...
- California Civil Code Section 1861.17
In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following: (a) Transferring any...
- California Civil Code Section 1861.18
(a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of...
- California Civil Code Section 1861.19
(a) After the levying officer takes possession pursuant to the writ of possession, the levying officer shall keep the property in a secure place. Except...
- California Civil Code Section 1861.20
The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending, within 30 days...
- California Civil Code Section 1861.21
The court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed with the court an undertaking. The...
- California Civil Code Section 1861.22
(a) The defendant may prevent the plaintiff from taking possession of property, pursuant to a writ of possession, or regain possession of property so taken,...
- California Civil Code Section 1861.23
(a) The defendant may object to the plaintiff's undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail...
- California Civil Code Section 1861.24
Unless the judgment is paid within 30 days from the date it becomes final, the plaintiff may sell the baggage and property at public auction...
- California Civil Code Section 1861.25
Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with...
- California Civil Code Section 1861.27
The facts stated in each affidavit filed pursuant to this article shall be set forth with particularity. Except where matters are specifically permitted by this...
- California Civil Code Section 1861.28
The judicial duties to be performed under this article are "subordinate judicial duties" within the meaning of Section 22 of Article VI of the California...
- California Civil Code Section 1861a
Keepers of furnished and unfurnished apartment houses, apartments, cottages, or bungalow courts shall have a lien upon the baggage and other property of value belonging...
- California Civil Code Section 1862.5
Whenever any personal property has heretofore been found in or deposited with, or is hereafter found in or deposited with any licensed hospital and has...
- California Civil Code Section 1863
(a) Every keeper of a hotel, inn, boardinghouse or lodginghouse, shall post in a conspicuous place in the office or public room, and in every...
- California Civil Code Section 1864
Any person or entity, including a person employed by a real estate broker, who, on behalf of another or others, solicits or arranges, or accepts...
- California Civil Code Section 1865
(a) For purposes of this section, "hotel" means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it shall not...
- California Civil Code Section 1866
(a) For purposes of this section, the following definitions apply: (1) "Camping cabin" has the same meaning as in Section 18862.5 of the Health and...
- California Civil Code Section 1867
(a) The park management of a special occupancy park may require a guest to move from a space in the special occupancy park to a...
- California Civil Code Section 1878
A deposit for exchange transfers to the depositary the title to the thing deposited, and creates between him and the depositor the relation of debtor...
- California Civil Code Section 1880
This chapter may be cited as the Private Bulk Grain Storage Law.
- California Civil Code Section 1880.1
As used in this chapter: (a) "Grain" includes barley, corn, flax, hay, grain sorghums, oats, rice, rye, and wheat. (b) "Seller" means a producer of...
- California Civil Code Section 1880.2
The seller shall conspicuously mark on all storage facilities "private bulk storage only" and with a designating number on each such facility and such markings...
- California Civil Code Section 1880.3
Grain in private bulk storage facilities may be sold in conformity with this chapter by bill of sale without delivery and no provision of Section...
- California Civil Code Section 1880.4
Upon sale of grain which is to remain in private bulk storage the seller shall execute and deliver to the buyer a bill of sale...
- California Civil Code Section 1880.5
The bill of sale may contain other provisions, including reference to or provision for any one or more of the following: (a) Provision that the...
- California Civil Code Section 1880.6
Execution and delivery by a seller of a bill of sale shall pass seller's title to the grain covered thereby to the buyer and such...
- California Civil Code Section 1880.7
Upon the issuance of any such bill of sale, the seller shall immediately post upon the storage facilities containing the grain a notice in substantially...
- California Civil Code Section 1880.8
No delivery shall be made of any portion of the grain so privately stored unless the bill of sale therefor is presented to the seller,...
- California Civil Code Section 1880.9
The presentment of the bill of sale by the holder to seller shall be presumptive evidence that the person presenting it is entitled to delivery...
- California Civil Code Section 1881
If any grain in private bulk storage is not removed or delivered on or before the original date of delivery specified in the bill of...
- California Civil Code Section 1881.1
A seller who shall willfully fail to comply with the requirements of notice and posting as provided for in Section 1880.2 or in Section 1880.7...
- California Civil Code Section 1881.2
The storage of grain pursuant to this chapter shall not constitute the depositary a warehouseman or storer of goods for hire and no storage facility...
- California Civil Code Section 1882
Unless the context requires otherwise, the following definitions govern the construction of this title: (a) "Customer" means the person in whose name a utility service...
- California Civil Code Section 1882.1
A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts any of the following acts:...
- California Civil Code Section 1882.2
In any civil action brought pursuant to Section 1882.1, the utility may recover as damages three times the amount of actual damages, if any, plus...
- California Civil Code Section 1882.3
There is a rebuttable presumption that there is a violation of Section 1882.1 if, on premises controlled by the customer or by the person using...
- California Civil Code Section 1882.4
A utility may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring...
- California Civil Code Section 1882.5
It is not a necessary prerequisite to an action pursuant to Section 1882.4 that the utility have suffered, or be threatened with, monetary damages.
- California Civil Code Section 1882.6
Any damages recovered pursuant to this title in excess of the actual damages sustained by the utility may be taken into account by the Public...
- California Civil Code Section 1884
A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees...
- California Civil Code Section 1885
A loan for use does not transfer the title to the thing; and all its increase during the period of the loan belongs to the
- California Civil Code Section 1886
A borrower for use must use great care for the preservation in safety and in good condition of the thing lent.
- California Civil Code Section 1887
One who borrows a living animal for use, must treat it with great kindness, and provide everything necessary and suitable for it.
- California Civil Code Section 1888
A borrower for use is bound to have and to exercise such skill in the care of the thing lent as he causes the lender...
- California Civil Code Section 1889
A borrower for use must repair all deteriorations or injuries to the thing lent, which are occasioned by his negligence, however slight.
- California Civil Code Section 1890
The borrower of a thing for use may use it for such purposes only as the lender might reasonably anticipate at the time of lending.
- California Civil Code Section 1891
The borrower of a thing for use must not part with it to a third person, without the consent of the lender.
- California Civil Code Section 1892
The borrower of a thing for use must bear all its expenses during the loan, except such as are necessarily incurred by him to preserve...
- California Civil Code Section 1893
The lender of a thing for use must indemnify the borrower for damage caused by defects or vices in it, which he knew at the...
- California Civil Code Section 1894
The lender of a thing for use may at any time require its return, even though he lent it for a specified time or purpose....
- California Civil Code Section 1895
If a thing is lent for use for a specified time or purpose, it must be returned to the lender without demand, as soon as...
- California Civil Code Section 1896
The borrower of a thing for use must return it to the lender, at the place contemplated by the parties at the time of lending;...
- California Civil Code Section 1899
The Legislature finds and declares as follows: (a) Many museums have benefited greatly from having property loaned to them for study or display. Problems have...
- California Civil Code Section 1899.1
For the purposes of this chapter: (a) A "museum" is an institution located in California and operated by a nonprofit corporation or public agency, primarily...
- California Civil Code Section 1899.2
(a) When a museum is required to give a lender notice pursuant to the provisions of this chapter, the museum shall be deemed to have...
- California Civil Code Section 1899.3
(a) If, on or after January 1, 1984, a museum accepts a loan of property for an indefinite term, or for a term in excess...
- California Civil Code Section 1899.4
(a) It is the responsibility of the owner of property on loan to a museum to notify the museum promptly in writing of any change...
- California Civil Code Section 1899.5
(a) A notice of intent to preserve an interest in property on loan to a museum filed pursuant to this chapter shall be in writing,...
- California Civil Code Section 1899.6
(a) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to...
- California Civil Code Section 1899.7
(a) Except as provided in subdivision (b), if a museum is unable to give the lender the notice required by subdivision (d) of Section 1899.3...
- California Civil Code Section 1899.8
Effective January 1, 1985, no action shall be brought against a museum for damages because of injury to or loss of property loaned to the...
- California Civil Code Section 1899.9
(a) A museum may give the lender notice of the museum's intent to terminate a loan which was made for an indefinite term, or which...
- California Civil Code Section 1899.10
(a) The three-year limitation on actions to recover personal property prescribed in Code of Civil Procedure Section 338.3 shall run from the date the museum...
- California Civil Code Section 1899.11
(a) The provisions of this chapter supersede the provisions of the Unclaimed Property Law (commencing with Section 1500 of the Code of Civil Procedure) except...
- California Civil Code Section 1896
The borrower of a thing for use must return it to the lender, at the place contemplated by the parties at the time of lending;...
- California Civil Code Section 1902
A loan for exchange is a contract by which one delivers personal property to another, and the latter agrees to return to the lender a...
- California Civil Code Section 1903
A loan, which the borrower is allowed by the lender to treat as a loan for use, or for exchange, at his option, is subject...
- California Civil Code Section 1904
By a loan for exchange the title to the thing lent is transferred to the borrower, and he must bear all its expenses, and is...
- California Civil Code Section 1905
A lender for exchange cannot require the borrower to fulfill his obligations at a time, or in a manner, different from that which was originally...
- California Civil Code Section 1906
Sections 1893, 1895, and 1896, apply to a loan for exchange.
- California Civil Code Section 1912
A loan of money is a contract by which one delivers a sum of money to another, and the latter agrees to return at a...
- California Civil Code Section 1913
A borrower of money, unless there is an express contract to the contrary, must pay the amount due in such money as is current at...
- California Civil Code Section 1916
When a rate of interest is prescribed by a law or contract, without specifying the period of time by which such rate is to be...
- California Civil Code Section 1916.1
The restrictions upon rates of interest contained in Section 1 of Article XV of the California Constitution shall not apply to any loan or forbearance...
- California Civil Code Section 1916.2
The restrictions upon rates of interest contained in Section 1 of Article XV of the California Constitution do not apply to any loans made by,...
- California Civil Code Section 1916.5
(a) No increase in interest provided for in any provision for a variable interest rate contained in a security document, or evidence of debt issued...
- California Civil Code Section 1916.6
A security document, or evidence of debt issued in connection therewith, executed pursuant to Section 1916.5 may provide that the rate of interest shall not...
- California Civil Code Section 1916.7
(a) Sections 1916.5, 1916.6, 1916.8, and 1916.9 of the Civil Code, and any other provision of law restricting or setting forth requirements for changes in...
- California Civil Code Section 1916.8
Any lender may make, purchase or participate in a renegotiable rate mortgage loan under this section if the loan complies with the provisions of this...
- California Civil Code Section 1916.9
(a) Every lender who offers a renegotiable rate mortgage loan pursuant to Section 1916.8 to a borrower who occupies or intends to occupy the property...
- California Civil Code Section 1916.11
Notwithstanding any other remedy a borrower may have based on an alleged failure to comply with Sections 1916.5 through 1916.9, the lien of the mortgage...
- California Civil Code Section 1916.12
(a) The Legislature finds that the economic environment of financial institutions has become increasingly volatile as a result of regulatory revisions enacted by the United...
- California Civil Code Section 1917
For purposes of this chapter: (a) "Contingent deferred interest" means the sum a borrower is obligated to pay to a lender pursuant to the documentation...
- California Civil Code Section 1917.001
The relationship of the borrower and the lender in a shared appreciation loan transaction is that of debtor and creditor and shall not be, or...
- California Civil Code Section 1917.002
A shared appreciation loan shall not be subject to any provisions of this code or the Financial Code which limits the interest rate or change...
- California Civil Code Section 1917.003
The lien or liens of a deed or deeds of trust securing a shared appreciation loan shall include and secure the principal amount of the...
- California Civil Code Section 1917.004
(a) The lien of a shared appreciation loan, including the principle amount and all interest, whether accrued or to be accrued, and all amounts of...
- California Civil Code Section 1917.005
Lenders shall be exempt from the usury provisions of Article XV of the California Constitution with respect to shared appreciation loan transactions. This section is...
- California Civil Code Section 1917.006
For purposes of this chapter: (a) "Shared appreciation loan" means, in addition to the meaning defined in Section 1917, a loan that obligates the borrower...
- California Civil Code Section 1917.010
The Legislature hereby finds and declares that: (a) It is necessary and essential that the state provide and promote alternative means of supplying affordable housing...
- California Civil Code Section 1917.020
For purposes of this chapter: (a) "Adjusted fair market value" means all of the following: (1) The net sale price, in the case of a...
- California Civil Code Section 1917.030
Lenders may make shared appreciation loans pursuant to this chapter for the purchase of real property improved with one- to four-family dwelling units, including structures...
- California Civil Code Section 1917.031
A shared appreciation loan shall include the following terms and conditions: (a) The term of the loan, excluding refinancing under Section 1917.033, shall be at...
- California Civil Code Section 1917.032
(a) The borrower shall have the right to prepay, at any time, in full or in part, the principal loan balance of the shared appreciation...
- California Civil Code Section 1917.033
(a) If the shared appreciation loan is not prepaid in full or the real property securing the loan is not sold or transferred prior to...
- California Civil Code Section 1917.034
Nothing in this chapter shall preclude the borrower from obtaining any other financing, in lieu of the refinancing provided for in Section 1917.033, including refinancing...
- California Civil Code Section 1917.040
The fair market value of the real property securing a shared appreciation loan shall be determined annually as provided in this article. The lender shall...
- California Civil Code Section 1917.041
If the borrower disputes the amount of the appraisal, the borrower, within 30 days of the anniversary date of the loan, may procure an appraisal...
- California Civil Code Section 1917.042
If the appraisal by the appraiser selected by the borrower is lower in amount than the appraisal by the appraiser selected by the lender, the...
- California Civil Code Section 1917.043
The appraisal amount, as determined pursuant to Section 1917.040 if the borrower does not dispute the appraisal amount, or 1917.042 if the borrower disputes the...
- California Civil Code Section 1917.044
The qualifications of the appraisers may be specified by the terms of the shared appreciation loan for purposes of this article and Article 5 (commencing...
- California Civil Code Section 1917.050
The borrower may have the cost of capital improvements to the security property completed within any 12-month period, and with an appraised value in excess...
- California Civil Code Section 1917.060
The relationship of the borrower and the lender, as to a shared appreciation loan, is that of debtor and creditor and shall not be, or...
- California Civil Code Section 1917.061
Any waiver of any right of a borrower under the provisions of this chapter shall be void and unenforceable.
- California Civil Code Section 1917.062
(a) Notwithstanding Section 711, a provision in a shared appreciation loan (not including the refinancing obligation) permitting the lender to accelerate the maturity date of...
- California Civil Code Section 1917.063
This chapter facilitates the making of shared appreciation financing in this state which conforms to the provisions of this chapter. The terms and conditions of...
- California Civil Code Section 1917.064
A shared appreciation loan shall not be subject to any provision of this code or the Financial Code which limits the interest rate or change...
- California Civil Code Section 1917.065
The lien of a deed of trust securing a shared appreciation loan shall include and secure the principal amount of the shared appreciation loan, and...
- California Civil Code Section 1917.066
The lien of a shared appreciation loan, including the principal amount and all interest, whether accrued or to be accrued, and all amounts of contingent...
- California Civil Code Section 1917.067
Lenders shall be exempt from the usury provisions of Article XV of the California Constitution with respect to shared appreciation loans made pursuant to this...
- California Civil Code Section 1917.068
The qualification requirements of Sections 25110, 25120, and 25130 of the Corporations Code shall not apply to a shared appreciation loan, provided (1) the loan...
- California Civil Code Section 1917.069
The aggregate amount of any fee charged to the borrower for processing an application and preparing any necessary documents in connection with originating a shared...
- California Civil Code Section 1917.070
(a) The disclosures made pursuant to this chapter, as required, shall be the only disclosures required to be made pursuant to state law for shared...
- California Civil Code Section 1917.071
(a) Each lender offering shared appreciation loans shall furnish to a prospective borrower, on the earlier of the date on which the lender first provides...
- California Civil Code Section 1917.072
(a) Each lender making a shared appreciation loan shall also furnish to the prospective borrower, prior to the consummation of the loan, the disclosures required...
- California Civil Code Section 1917.073
Each lender making a shared appreciation loan shall additionally furnish to the prospective borrower, prior to the consummation of the loan, a statement containing the...
- California Civil Code Section 1917.074
Each deed of trust and evidence of debt executed in connection with a shared appreciation loan shall contain a statement, printed or written in a...
- California Civil Code Section 1917.075
Where, pursuant to any provision of law, the lender is required to disclose the amount of interest due or to be due under a shared...
- California Civil Code Section 1917.110
The Legislature hereby finds and declares that: (a) It is necessary and essential that the state provide and promote alternative means of supplying affordable housing...
- California Civil Code Section 1917.120
For purposes of this chapter: (a) "Borrower" means the recipient or recipients of a shared appreciation loan and includes any successor in interest to the...
- California Civil Code Section 1917.130
Lenders may make shared appreciation loans pursuant to this chapter for the purchase of real property improved with one- to four-dwelling units, including structures ancillary...
- California Civil Code Section 1917.131
A shared appreciation loan shall include the following terms and conditions: (a) The term of the loan, excluding any refinancing under Section 1917.133, shall be...
- California Civil Code Section 1917.132
(a) The borrower shall have the right to prepay, at any time, in full or in part, the principal loan balance of the shared appreciation...
- California Civil Code Section 1917.133
(a) If a shared appreciation loan with an original term of less than 10 years is not prepaid in full or the property is not...
- California Civil Code Section 1917.134
Except as provided in this article, the terms and conditions of the refinancing loan shall be subject to all laws applicable to loans in effect...
- California Civil Code Section 1917.135
Nothing in this chapter shall preclude the borrower from obtaining any other financing, in lieu of the refinancing provided for in Section 1917.133, including refinancing...
- California Civil Code Section 1917.140
The borrower may, at any time for the purpose of facilitating a sale of the property, request the lender to stipulate the minimum amount which...
- California Civil Code Section 1917.141
(a) In the case of a sale for cash within 90 days after the lender stipulates, under the provisions of Section 1917.140, a minimum amount...
- California Civil Code Section 1917.142
When Section 1917.141 requires the application of this section, the fair market value shall be determined as the average of two appraisals of the property...
- California Civil Code Section 1917.150
The borrower may have the value of capital improvements added to the borrower's cost of the property, for purposes of determining net appreciated value and...
- California Civil Code Section 1917.151
Nothing in this article shall preclude a shared appreciation loan from providing the borrower with a greater credit for improvements than specified in this article,...
- California Civil Code Section 1917.160
The relationship of the borrower and the lender, as to a shared appreciation loan, is that of debtor and creditor and shall not be, or...
- California Civil Code Section 1917.161
Any waiver of any right of a borrower under the provisions of this chapter shall be void and unenforceable.
- California Civil Code Section 1917.162
(a) Notwithstanding Section 711, a provision in a shared appreciation loan made pursuant to this chapter permitting the lender to accelerate the maturity date of...
- California Civil Code Section 1917.163
This chapter facilitates the making of shared appreciation financing in this state which conforms to the provisions of this chapter. The terms and conditions of...
- California Civil Code Section 1917.164
A shared appreciation loan shall not be subject to any provision of this code or the Financial Code which limits the interest rate or change...
- California Civil Code Section 1917.165
The lien of a deed of trust securing a shared appreciation loan shall include and secure the principal amount of the shared appreciation loan, and...
- California Civil Code Section 1917.166
The lien of a shared appreciation loan, including the principal amount and all interest, whether accrued or to be accrued, and all amounts of contingent...
- California Civil Code Section 1917.167
A shared appreciation loan which at origination bears a fixed interest rate complying with the usury provisions of Article XV of the California Constitution shall...
- California Civil Code Section 1917.168
The qualification requirements of Sections 25110, 25120, and 25130 of the Corporations Code do not apply to a shared appreciation loan to the extent the...
- California Civil Code Section 1917.170
(a) The disclosures made pursuant to this chapter, as required, shall be the only disclosures required to be made pursuant to state law for shared...
- California Civil Code Section 1917.171
(a) Each lender offering shared appreciation loans shall furnish to a prospective borrower, on the earlier of the dates on which the lender first provides...
- California Civil Code Section 1917.172
(a) Each lender making a shared appreciation loan shall also furnish to the prospective borrower, prior to the consummation of the loan, the disclosures required...
- California Civil Code Section 1917.173
Each lender making a shared appreciation loan shall additionally furnish to the prospective borrower, prior to consummation of the loan, a statement containing the following...
- California Civil Code Section 1917.174
Each deed of trust and evidence of debt executed in connection with a shared appreciation loan shall contain a statement, printed or written in a...
- California Civil Code Section 1917.175
Where, pursuant to any provision of law, the lender is required to disclose the amount of interest due or to be due under a shared...
- California Civil Code Section 1917.210
Each pension fund or retirement system which is subject to the Employee Retirement Income Security Act of 1974 (P.L. 93-406), shall not be required to...
- California Civil Code Section 1917.220
Pursuant to the authority contained in Section 1 of Article XV of the California Constitution, the restrictions upon rates of interest contained in Section 1...
- California Civil Code Section 1917.320
For the purposes of this chapter: (a) "Actual contingent interest" means the lender's appreciation share of the net appreciated amount. In no event, however, shall...
- California Civil Code Section 1917.330
Lenders may make shared appreciation loans for seniors pursuant to this chapter for the refinancing of real property improved with one- to four-dwelling units, including...
- California Civil Code Section 1917.331
(a) A shared appreciation loan for seniors shall include all of the following: (1) The term of the loan shall be for an open-ended term,...
- California Civil Code Section 1917.332
Any provision in any loan made pursuant to this chapter for the discontinuation or termination of a monthly annuity other than upon the occurrence of...
- California Civil Code Section 1917.333
(a) The borrower shall have the right to prepay, at any time, in full or in part, the total loan obligation.
- California Civil Code Section 1917.334
Except as provided in this article, the terms and conditions of the shared appreciation loan for seniors shall be subject to all laws applicable to...
- California Civil Code Section 1917.410
The borrower, at any time for the purpose of facilitating a sale of the property or prepaying or refinancing the loan, may request the lender...
- California Civil Code Section 1917.411
(a) In the case of a sale for cash within 90 days after the lender stipulates, under the provisions of Section 1917.410, a minimum amount...
- California Civil Code Section 1917.412
When Section 1917.411 requires the application of this section, the fair market value shall be determined by averaging two appraisals of the property performed as...
- California Civil Code Section 1917.510
The borrower may have the value of capital improvements added to the fair market value of the borrower's property, for purposes of determining the total...
- California Civil Code Section 1917.511
Nothing in this article shall preclude a shared appreciation loan for seniors from providing the borrower with a greater credit for improvements than specified in...
- California Civil Code Section 1917.610
The relationship of the borrower and the lender of a shared appreciation loan for seniors is that of debtor and creditor and shall not be,...
- California Civil Code Section 1917.611
Any waiver of any right of a borrower under the provisions of this chapter shall be void and unenforceable.
- California Civil Code Section 1917.612
This chapter facilitates one method of making shared appreciation loans to senior citizens in this state. The terms and conditions of any shared appreciation loan...
- California Civil Code Section 1917.613
A shared appreciation loan for seniors shall not be subject to any provision of this code or the Financial Code which limits the interest rate...
- California Civil Code Section 1917.614
The lien of a deed of trust securing a shared appreciation loan for seniors shall include and secure the total loan obligation of the shared...
- California Civil Code Section 1917.615
The lien of a shared appreciation loan for seniors, including the total loan obligation, shall attach from the time of the recordation of the deed...
- California Civil Code Section 1917.616
A shared appreciation loan for seniors which bears a fixed interest rate complying with the usury provisions of Article XV of the California Constitution shall...
- California Civil Code Section 1917.617
The qualification requirements of Sections 25110, 25120, and 25130 of the Corporations Code do not apply to a shared appreciation loan for seniors to the...
- California Civil Code Section 1917.618
Any loan made pursuant to this chapter shall be subject to Section 580 |