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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.
  • California Civil Code Section 19
    Section Nineteen. Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive...
  • 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,...

Division 1. Persons

Covers persons with unsound mind, personal rights, blind and other physically disabled persons. construction-related accessibility standards compliance, attorney's fees and statutory damages in construction-related accessibility standards claims, confidentiality of medical information, medical claims data error correction and the California Fair Dealership Law.

  • 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 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 50
    Section Fifty. Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of a wife, husband, child,...
  • 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 51.13
    Any discount or other benefit offered to or conferred on a consumer or prospective consumer by a business because the consumer or prospective consumer has...
  • 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 52.6
    (a) Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that...
  • 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 or the handler of a search and rescue dog assigned to duty away...
  • 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 55.31
    (a) Commencing January 1, 2013, a demand letter alleging a construction-related accessibility claim, as defined in subdivision (a) of Section 55.3, shall state facts sufficient...
  • California Civil Code Section 55.32
    (a) An attorney who provides a demand letter, as defined in subdivision (a) of Section 55.3, shall do all of the following: (1) Include the...
  • 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 55.545
    (a) A defendant who does not qualify for an early evaluation conference pursuant Section 55.54, or who forgoes the provisions of Section 55.54, may request...
  • 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, as defined in subdivision (g) of Section 56.05, in order to make the information...
  • 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) A provider of health care, health care service plan, or contractor shall not disclose medical information regarding a patient of the provider of health...
  • 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
    (a) Every provider of health care, health care service plan, pharmaceutical company, or contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of medical...
  • 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 provided in subdivision (e), no provider of health care, health care service plan, or contractor may...
  • 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 56.106
    (a) Notwithstanding Section 3025 of the Family Code, paragraph (2) of subdivision (c) of Section 56.11, or any other provision of law, a psychotherapist who...
  • California Civil Code Section 56.107
    (a) Notwithstanding any other law, and to the extent permitted by federal law, a health care service plan shall take the following steps to protect...
  • 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 57
    (a) A qualified entity, as defined in Section 1395kk(e)(2) of Title 42 of the United States Code, that receives claims data from a health care...
  • 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...

Division 2. Property

Covers real or immovable property, personal or movable property, acquisition of property by occupancy, accession, and transfer.

  • 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 670
    Section Six Hundred and Seventy. The State is the owner of all land below tide water, and below ordinary high-water mark, bordering upon tide water...
  • California Civil Code Section 671
    Section Six Hundred and Seventy-one. Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this State.
  • 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 710
    Section Seven Hundred and Ten. Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not affect limitations...
  • 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 4080 or 6528, may impose reasonable provisions which: (a) Restrict the installation of solar energy systems...
  • 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 the...
  • 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 762
    Section Seven Hundred and Sixty-two. Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple...
  • 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 766
    Section Seven Hundred and Sixty-six. An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.
  • 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 Section 4125 or 6542. A condominium may, with respect to the duration of its enjoyment,...
  • California Civil Code Section 783.1
    In a stock cooperative, as defined in Section 4190 or 6566, both the separate interest, as defined in paragraph (4) of subdivision (a) of Section...
  • 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
    (a) Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner or deposited in the United States mail,...
  • 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 798.29.6
    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
    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 798.39
    (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 798.39.5
    (a) (1) The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management...
  • California Civil Code Section 798.40
    (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 798.41
    (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
    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 798.43
    (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 residents 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
    (a) Except as provided in subdivision (b), this article shall govern the rights of a resident who has an ownership interest in the subdivision, cooperative,...
  • 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 802
    Section Eight Hundred and Two. The following land burdens, or servitudes upon land, may be granted and held, though not attached to land: One--The right...
  • 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 817
    "Limited-equity housing cooperative" or a "workforce housing cooperative trust" means a corporation organized on a cooperative basis that, in addition to complying with Section 817.1...
  • California Civil Code Section 817.1
    (a) A "workforce housing cooperative trust" is an entity organized pursuant to this section that complies with Section 817 and with all of the following:...
  • California Civil Code Section 817.2
    The procedure for the dissolution of a limited-equity housing cooperative or workforce housing cooperative trust that receives or has received a public subsidy shall be...
  • California Civil Code Section 817.3
    Each entity named as a sponsor organization of a workforce housing cooperative trust formed pursuant to Section 817 shall have the legal standing of a...
  • California Civil Code Section 817.4
    (a) In any action instituted on or after January 1, 2010, against a board of directors and its members based upon a breach of corporate...
  • 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.
  • California Civil Code Section 830
    Section Eight Hundred and Thirty. Except where the grant under which the land is held indicates a different intent, the owner of the upland, when...
  • 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
    (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. (b) (1) Adjoining landowners are presumed to share...
  • 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
    (a) Except as provided in subdivision (c), the owner of mineral rights, as defined by Section 883.110, in real property shall give a written notice...
  • 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, video recorded, or photographed by the claimant or his or her...
  • 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 6000, but an action is...
  • 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 1019
    Section Ten Hundred and Nineteen. A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for...
  • 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.
  • California Civil Code Section 1053
    Section Ten Hundred and Fifty-three. A transfer in writing is called a grant, or conveyance, or bill of sale. The term "grant," in this 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 a valuation shall improperly influence or attempt to improperly influence the development, reporting,...
  • 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, A B, grant to C D all that real...
  • 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 1101.1
    The Legislature finds and declares all of the following: (a) Adequate water supply reliability for all uses is essential to the future economic and environmental...
  • California Civil Code Section 1101.2
    Except as provided in Section 1101.7, this article shall apply to residential and commercial real property built and available for use on or before January...
  • California Civil Code Section 1101.3
    For the purposes of this article: (a) "Commercial real property" means any real property that is improved with, or consisting of, a building that is...
  • California Civil Code Section 1101.4
    (a) On and after January 1, 2014, for all building alterations or improvements to single-family residential real property, as a condition for issuance of a...
  • California Civil Code Section 1101.5
    (a) On or before January 1, 2019, all noncompliant plumbing fixtures in any multifamily residential real property and in any commercial real property shall be...
  • California Civil Code Section 1101.6
    The duty of an owner or building permit applicant to comply with the requirements of this article shall be postponed for one year from the...
  • California Civil Code Section 1101.7
    This article shall not apply to any of the following: (a) Registered historical sites. (b) Real property for which a licensed plumber certifies that, due...
  • California Civil Code Section 1101.8
    A city, county, or city and county, or a retail water supplier may do either of the following: (a) Enact local ordinances or establish policies...
  • 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 Part 5 (commencing with Section 4000) of Division 4, the disclosures...
  • 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 1102.155
    (a) (1) The seller of residential real property subject to this article shall disclose, in writing, that Section 1101.4 of the Civil Code requires that...
  • 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 1103.20
    This article shall be known, and may be cited, as the Buyer's Choice Act.
  • California Civil Code Section 1103.21
    (a) The Legislature finds and declares: (1) Sales of foreclosed properties have become a dominant portion of homes on the resale real estate market. (2)...
  • California Civil Code Section 1103.22
    (a) A seller of residential real property improved by four or fewer dwelling units shall not require directly or indirectly, as a condition of selling...
  • California Civil Code Section 1103.23
    This article shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is...
  • 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 1110
    Section Eleven Hundred and Ten. An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon...
  • 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 1112
    Section Eleven Hundred and Twelve. A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the...
  • 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 1114
    Section Eleven Hundred and Fourteen. The term "incumbrances" includes taxes, assessments, and all liens upon real property.
  • 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.
  • California Civil Code Section 1170
    Section Eleven Hundred and Seventy. An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the...
  • 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 pursuant to 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______________________________________before me,...
  • 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 by any of the following: (1) By the party executing it,...
  • 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 1199
    Section Eleven Hundred and Ninety-nine. The evidence taken under the preceding section must satisfactorily prove to the officer the following facts: One--The existence of 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. However,...
  • 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 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,...

Division 3. Obligations

Obligations includes contracts, obligations imposed by law, and obligations arising from particular transactions, such as consignment of fine art, layaways, gift certificates, credit reports, electronic commerce (e-commerce), deposits, loans, reverse mortgages and liens.

  • 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.
  • California Civil Code Section 1428
    Section Fourteen Hundred and Twenty-eight. An obligation arises either from: One--The contract of the parties; or, Two--The operation of law. An obligation arising from operation...
  • 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.
  • California Civil Code Section 1479
    Section Fourteen Hundred and Seventy-nine. Where a debtor, under several obligations to another, does an act, by way of performance, in whole or in part,...
  • 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.
  • California Civil Code Section 1488
    Section Fourteen Hundred and Eighty-eight. An offer of performance must be made to the creditor, or to any one of two or more joint creditors,...
  • 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 1512
    Section Fifteen Hundred and Twelve. If the performance of an obligation be prevented by the creditor, the debtor is entitled to all the benefits which...
  • 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 to...
  • 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.
  • California Civil Code Section 1524
    Section Fifteen Hundred and Twenty-four. Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing,...
  • 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.
  • California Civil Code Section 1533
    Section Fifteen Hundred and Thirty-three. When the obligation of a third person, or an order upon such person is accepted in satisfaction, the creditor may...
  • 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 1632.5
    (a) A supervised financial organization that negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, whether orally or in writing, in the course of entering...
  • 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 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, the following definitions shall apply: (1) "Opioid antagonist" means naloxone hydrochloride that is approved by the federal Food and...
  • California Civil Code Section 1714.23
    (a) For purposes of this section, the following definitions shall apply: (1) "Anaphylaxis" means a potentially life-threatening hypersensitivity or allergic reaction to a substance. (A)...
  • 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 1714.26
    (a) Except for damage or injury resulting from gross negligence or a willful act, there is no liability for any damage or injury on the...
  • 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 1714.43
    (a) (1) Every retail seller and manufacturer doing business in this state and having annual worldwide gross receipts that exceed one hundred million dollars ($100,000,000)...
  • 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
    (a) There shall be no liability on the part of one, including the State of California, county, city and county, city or any other political...
  • California Civil Code Section 1714.55
    (a) A retail or wholesale service provider of telecommunications service, or other service, involved in providing 9-1-1 service in accordance with the Warren-911-Emergency Assistance Act...
  • 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 1749.51
    Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
  • 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 1749.60
    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 1785.10
    (a) Every consumer credit 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 1785.10.1
    (a) It is unlawful for a consumer credit reporting agency to prohibit in any manner, including, but not limited to, in the terms of a...
  • California Civil Code Section 1785.11
    (a) A consumer credit reporting agency shall furnish a consumer credit report only under the following circumstances: (1) In response to the order of a...
  • California Civil Code Section 1785.11.1
    (a) A consumer may elect to place a security alert in his or her credit report by making a request in writing or by telephone...
  • California Civil Code Section 1785.11.2
    (a) A consumer may elect to place a security freeze on his or her credit report by making a request in writing by mail to...
  • California Civil Code Section 1785.11.3
    (a) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a consumer...
  • California Civil Code Section 1785.11.4
    The provisions of Sections 1785.11.1, 1785.11.2, and 1785.11.3 do not apply to a consumer credit reporting agency that acts only as a reseller of credit...
  • California Civil Code Section 1785.11.6
    The following entities are not required to place in a credit report either a security alert, pursuant to Section 1785.11.1, or a security freeze, pursuant...
  • California Civil Code Section 1785.11.8
    A consumer may elect that his or her name shall be removed from any list that a consumer credit reporting agency furnishes for credit card...
  • California Civil Code Section 1785.12
    Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumer's name, address, former address, places of...
  • California Civil Code Section 1785.13
    (a) No consumer credit reporting agency shall make any consumer credit report containing any of the following items of information: (1) Bankruptcies that, from the...
  • California Civil Code Section 1785.135
    No consumer credit reporting agency shall make any consumer credit report with respect to a document which acts as a lien or other encumbrance, including,...
  • California Civil Code Section 1785.14
    (a) Every consumer credit reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1785.13 and to limit furnishing of consumer credit reports...
  • California Civil Code Section 1785.15
    (a) A consumer credit reporting agency shall supply files and information required under Section 1785.10 during normal business hours and on reasonable notice. In addition...
  • California Civil Code Section 1785.15.1
    (a) Upon the consumer's request for a credit score, a consumer credit reporting agency shall supply to a consumer a notice which shall include the...
  • California Civil Code Section 1785.15.2
    (a) In complying with Section 1785.15.1, a consumer credit reporting agency shall supply the consumer with a credit score that is derived from a credit...
  • California Civil Code Section 1785.15.3
    (a) In addition to any other rights the consumer may have under this title, every consumer credit reporting agency, after being contacted by telephone, mail,...
  • California Civil Code Section 1785.16
    (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 1785.16.1
    A consumer credit reporting agency shall delete from a consumer credit report inquiries for credit reports based upon credit requests that the consumer credit reporting...
  • California Civil Code Section 1785.16.2
    (a) No creditor may sell a consumer debt to a debt collector, as defined in 15 U.S.C. Sec. 1692a, if the consumer is a victim...
  • California Civil Code Section 1785.16.3
    The provisions of subdivisions (k) and (l) of Section 1785.16 do not apply to a consumer reporting agency that acts only as a reseller of...
  • California Civil Code Section 1785.17
    (a) Except as otherwise provided, a consumer credit reporting agency may impose a reasonable charge upon a consumer, as follows: (1) For making a disclosure...
  • California Civil Code Section 1785.18
    (a) Each consumer credit reporting agency which compiles and reports items of information concerning consumers which are matters of public record, shall specify in any...
  • California Civil Code Section 1785.19
    (a) In addition to any other remedy provided by law, a consumer may bring an action for a civil penalty, not to exceed two thousand...
  • California Civil Code Section 1785.19.5
    Every consumer credit reporting agency, upon written request and the furnishing of sufficient identification to identify the consumer and the subject file, shall create reasonable...
  • California Civil Code Section 1785.20
    (a) If any person takes any adverse action with respect to any consumer, and the adverse action is based, in whole or in part, on...
  • California Civil Code Section 1785.20.1
    (a) Except as provided in subdivision (b), any person who uses a consumer credit report in connection with any credit transaction not initiated by the...
  • California Civil Code Section 1785.20.2
    Any person who makes or arranges loans and who uses a consumer credit score as defined in Section 1785.15.1 in connection with an application initiated...
  • California Civil Code Section 1785.20.3
    (a) Any person who uses a consumer credit report in connection with the approval of credit based on an application for an extension of credit,...
  • California Civil Code Section 1785.20.5
    (a) Prior to requesting a consumer credit report for employment purposes, the user of the report shall provide written notice to the person involved. The...
  • California Civil Code Section 1785.21
    (a) A user in its discretion may notify the consumer that upon request the user may contact the consumer reporting agency and request that the...
  • California Civil Code Section 1785.22
    (a) A person may not procure a consumer credit report for the purpose of reselling the report or any information therein unless the person discloses...
  • 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 1785.28
    (a) For the purposes of this section, the following definitions shall apply: (1) Escrow means any transaction in which one person, for the purpose of...
  • California Civil Code Section 1785.28.6
    This chapter shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is...
  • 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 1787.1
    This title may be cited as "The Holden Credit Denial Disclosure Act of 1976."
  • California Civil Code Section 1787.2
    (a) Within 30 days, or at a later reasonable time as specified in federal law or regulations, after receipt of a completed written application for...
  • 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 1788.50
    (a) As used in this title: (1) "Debt buyer" means a person or entity that is regularly engaged in the business of purchasing charged-off consumer...
  • California Civil Code Section 1788.52
    (a) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer...
  • California Civil Code Section 1788.54
    (a) All settlement agreements between a debt buyer and a debtor shall be documented in open court or otherwise reduced to writing. The debt buyer...
  • California Civil Code Section 1788.56
    A debt buyer shall not bring suit or initiate an arbitration or other legal proceeding to collect a consumer debt if the applicable statute of...
  • California Civil Code Section 1788.58
    In an action brought by a debt buyer on a consumer debt: (a) The complaint shall allege all of the following: (1) That the plaintiff...
  • California Civil Code Section 1788.60
    (a) In an action initiated by a debt buyer, no default or other judgment may be entered against a debtor unless business records, authenticated through...
  • California Civil Code Section 1788.62
    (a) In the case of an action brought by an individual or individuals, a debt buyer that violates any provision of this title with respect...
  • California Civil Code Section 1788.64
    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 1792
    Unless disclaimed in the manner prescribed by this chapter, every sale of consumer goods that are sold at retail in this state shall be accompanied...
  • California Civil Code Section 1792.1
    Every sale of consumer goods that are sold at retail in this state by a manufacturer who has reason to know at the time of...
  • California Civil Code Section 1792.2
    (a) Every sale of consumer goods that are sold at retail in this state by a retailer or distributor who has reason to know at...
  • California Civil Code Section 1792.3
    No implied warranty of merchantability and, where applicable, no implied warranty of fitness shall be waived, except in the case of a sale of consumer...
  • California Civil Code Section 1792.4
    (a) No sale of goods, governed by the provisions of this chapter, on an "as is" or "with all faults" basis, shall be effective to...
  • California Civil Code Section 1792.5
    Every sale of goods that are governed by the provisions of this chapter, on an "as is" or "with all faults" basis, made in compliance...
  • California Civil Code Section 1793
    Except as provided in Section 1793.02, nothing in this chapter shall affect the right of the manufacturer, distributor, or retailer to make express warranties with...
  • California Civil Code Section 1793.02
    (a) All new and used assistive devices sold at retail in this state shall be accompanied by the retail seller's written warranty which shall contain...
  • California Civil Code Section 1793.025
    (a) All new and used wheelchairs, including, but not limited to, wheelchairs that are motorized or have been otherwise customized to suit the needs of...
  • California Civil Code Section 1793.03
    (a) Every manufacturer making an express warranty with respect to an electronic or appliance product described in subdivision (h), (i), (j), or (k) of Section...
  • California Civil Code Section 1793.05
    Vehicle manufacturers who alter new vehicles into housecars shall, in addition to any new product warranty, assume any warranty responsibility of the original vehicle manufacturer...
  • California Civil Code Section 1793.1
    (a) (1) Every manufacturer, distributor, or retailer making express warranties with respect to consumer goods shall fully set forth those warranties in simple and readily...
  • California Civil Code Section 1793.2
    (a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: (1) (A) Maintain in...
  • California Civil Code Section 1793.22
    (a) This section shall be known and may be cited as the Tanner Consumer Protection Act. (b) It shall be presumed that a reasonable number...
  • California Civil Code Section 1793.23
    (a) The Legislature finds and declares all of the following: (1) That the expansion of state warranty laws covering new and used cars has given...
  • California Civil Code Section 1793.24
    (a) The notice required in subdivisions (d) and (e) of Section 1793.23 shall be prepared by the manufacturer of the reacquired vehicle and shall disclose...
  • California Civil Code Section 1793.25
    (a) Notwithstanding Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code, the State Board of Equalization shall reimburse the...
  • California Civil Code Section 1793.26
    (a) Any automobile manufacturer, importer, distributor, dealer, or lienholder who reacquires, or who assists in reacquiring, a motor vehicle, whether by judgment, decree, arbitration award,...
  • California Civil Code Section 1793.3
    If the manufacturer of consumer goods sold in this state for which the manufacturer has made an express warranty does not provide service and repair...
  • California Civil Code Section 1793.35
    (a) Where the retail sale of clothing or consumables is accompanied by an express warranty and such items do not conform with the terms of...
  • California Civil Code Section 1793.4
    Where an option is exercised in favor of service and repair under Section 1793.3, such service and repair must be commenced within a reasonable time,...
  • California Civil Code Section 1793.5
    Every manufacturer making express warranties who does not provide service and repair facilities within this state pursuant to subdivision (a) of Section 1793.2 shall be...
  • California Civil Code Section 1793.6
    Except as otherwise provided in the terms of a warranty service contract, as specified in subdivision (a) of Section 1793.2, entered into between a manufacturer...
  • California Civil Code Section 1794
    (a) Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or...
  • California Civil Code Section 1794.1
    (a) Any retail seller of consumer goods injured by the willful or repeated violation of the provisions of this chapter may bring an action for...
  • California Civil Code Section 1794.3
    The provisions of this chapter shall not apply to any defect or nonconformity in consumer goods caused by the unauthorized or unreasonable use of the...
  • California Civil Code Section 1794.4
    (a) Nothing in this chapter shall be construed to prevent the sale of a service contract to the buyer in addition to or in lieu...
  • California Civil Code Section 1794.41
    (a) No service contract covering any motor vehicle, home appliance, or home electronic product purchased for use in this state may be offered for sale...
  • California Civil Code Section 1794.45
    (a) A retailer that sells a service contract pursuant to Section 1794.4 shall do either of the following during the period that the service contract...
  • California Civil Code Section 1794.5
    The provisions of this chapter shall not preclude a manufacturer making express warranties from suggesting methods of effecting service and repair, in accordance with the...
  • California Civil Code Section 1795
    If express warranties are made by persons other than the manufacturer of the goods, the obligation of the person making such warranties shall be the...
  • California Civil Code Section 1795.1
    This chapter shall apply to any equipment or mechanical, electrical, or thermal component of a system designed to heat, cool, or otherwise condition air, but,...
  • California Civil Code Section 1795.4
    For the purposes of this chapter only, the following rules apply to leases of both new and used consumer goods: (a) If express warranties are...
  • California Civil Code Section 1795.5
    Notwithstanding the provisions of subdivision (a) of Section 1791 defining consumer goods to mean "new" goods, the obligation of a distributor or retail seller of...
  • California Civil Code Section 1795.51
    (a) No buy-here-pay-here dealer, as that term is defined in Section 241 of the Vehicle Code, shall sell or lease a used vehicle, as defined...
  • California Civil Code Section 1795.6
    (a) Every warranty period relating to an implied or express warranty accompanying a sale or consignment for sale of consumer goods selling for fifty dollars...
  • California Civil Code Section 1795.7
    Whenever a warranty, express or implied, is tolled pursuant to Section 1795.6 as a result of repairs or service performed by any retail seller, the...
  • California Civil Code Section 1795.8
    Notwithstanding any other provision of law, this chapter shall apply to a purchase in the United States of a motor vehicle, as defined in paragraph...
  • 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
    All new mobilehomes and manufactured homes sold to a buyer shall be covered by the warranty set forth in this chapter.
  • California Civil Code Section 1797.1
    As used in this chapter: (a) "Contractor" means any person who is a general building contractor within the meaning of Section 7057 of the Business...
  • California Civil Code Section 1797.2
    (a) The warranty provided for in this chapter shall apply to the manufacturer of the mobilehome or the manufactured home as well as to the...
  • California Civil Code Section 1797.3
    The mobilehome/manufactured home warranty from the contractor, manufacturer, or dealer to the buyer shall be set forth in a separate written document that reprints all...
  • California Civil Code Section 1797.4
    The warranty under this chapter shall be in addition to, and not in derogation of, all other rights and privileges which the buyer may have...
  • California Civil Code Section 1797.5
    Every contractor or dealer shall display a copy of all of the warranty provisions required by this chapter. The copy of the warranty provisions required...
  • California Civil Code Section 1797.6
    Manufacturers, contractors, and dealers shall keep records of all actions taken pursuant to this chapter, including all correspondence to or from the buyer for a...
  • California Civil Code Section 1797.7
    The contractor, dealer, or manufacturer shall complete warranty service to correct all substantial defects within 90 days of receiving the buyer's written notice specified in...
  • California Civil Code Section 1797.8
    (a) As used in this chapter, the term "grey market goods" means consumer goods bearing a trademark and normally accompanied by an express written warranty...
  • California Civil Code Section 1797.81
    (a) Every retail seller who offers grey market goods for sale shall post a conspicuous sign at the product's point of display and affix to...
  • California Civil Code Section 1797.82
    Every retail dealer who offers for sale grey market goods shall be required to disclose in any advertisement of those goods the disclosures required by...
  • California Civil Code Section 1797.83
    In making the disclosures prescribed by this chapter, the retail seller may use reasonably equivalent language if necessary or appropriate to achieve a clearer, or...
  • California Civil Code Section 1797.84
    Nothing in this chapter shall be construed to authorize any sale of goods which is specifically prohibited by a federal or state statute or regulation...
  • California Civil Code Section 1797.85
    Any retail seller who violates this chapter shall be liable to the buyer who returns the product for a refund, or credit on credit purchases,...
  • California Civil Code Section 1797.86
    Any violation of this chapter constitutes unfair competition under Section 17200 of the Business and Professions Code, grounds for rescission under Section 1689 of this...
  • 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
    (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 1798.79.8
    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 1798.80
    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 dispose, or arrange for the disposal, of customer records within its custody or control containing personal information...
  • 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
    (a) Unless otherwise required to do so by state or federal law, no person, entity, or governmental agency shall present for recording or filing with...
  • California Civil Code Section 1798.90
    (a) This title shall be known and may be cited as the Reader Privacy Act. (b) For purposes of this section: (1) "Book" means paginated...
  • California Civil Code Section 1798.90.05
    Section 1798.90 does not make it unlawful for a law enforcement entity subject to Section 2000aa of Title 42 of the United States Code to...
  • 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 1798.91
    (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 1798.98
    (a) For the purposes of this title, the following definitions shall apply: (1) "Business" means a sole proprietorship, partnership, corporation, association, or other group, however...
  • California Civil Code Section 1798.99
    (a) A customer harmed by the release or unauthorized use of his or her customer data, in violation of Section 1798.98, may bring a civil...
  • 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 recording 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 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 1840
    Section Eighteen Hundred and Forty. The liability of a depositary for negligence cannot exceed the amount which he is informed by the depositor, or has...
  • 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 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 1914
    Section Nineteen Hundred and Fourteen. Whenever a loan of money is made, it is presumed to be made upon interest, unless it is otherwise expressly...
  • California Civil Code Section 1915
    Section Nineteen Hundred and Fifteen. Interest is the compensation allowed by law or fixed by the parties for the use, or forbearance, or detention of
  • 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 580b of the Code of Civil Procedure.
  • California Civil Code Section 1917.619
    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 1917.710
    (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 1917.711
    (a) Each lender offering shared appreciation loans for seniors shall furnish to a prospective borrower, on the earlier of the dates on which the lender...
  • California Civil Code Section 1917.712
    (a) Each lender making a shared appreciation loan for seniors shall also furnish to the prospective borrower, prior to the consummation of the loan, the...
  • California Civil Code Section 1917.713
    Each lender making a shared appreciation loan for seniors shall additionally furnish to the prospective borrower, prior to consummation of the loan, a statement containing...
  • California Civil Code Section 1917.714
    Each deed of trust and evidence of debt executed in connection with a shared appreciation loan for seniors shall contain a statement, printed or written...
  • California Civil Code Section 1918.5
    As used in this chapter: (a) "Evidence of debt" means a note or negotiable instrument. (b) "Secretary" means the Secretary of the Business, Consumer Services,...
  • California Civil Code Section 1920
    Any mortgage instrument that is made pursuant to the provisions of this chapter shall meet the following requirements: (a) Standards for the adjustment of interest...
  • California Civil Code Section 1921
    (a) As used in this section: (1) "Adjustable-rate residential mortgage loan" means any loan or credit sale which is primarily for personal, family, or household...
  • California Civil Code Section 1923
    For purposes of this chapter, "reverse mortgage" means a nonrecourse loan secured by real property that meets all of the following criteria: (a) The loan...
  • California Civil Code Section 1923.2
    A reverse mortgage loan shall comply with all of the following requirements: (a) Prepayment, in whole or in part, shall be permitted without penalty at...
  • California Civil Code Section 1923.3
    A reverse mortgage shall constitute a lien against the subject property to the extent of all advances made pursuant to the reverse mortgage and all...
  • California Civil Code Section 1923.4
    For the purposes of this chapter, a property shall be deemed to be owner-occupied, notwithstanding that the legal title to the property is held in...
  • California Civil Code Section 1923.5
    (a) No reverse mortgage loan application shall be taken by a lender unless the loan applicant, prior to receiving counseling, has received from the lender...
  • California Civil Code Section 1923.6
    The lender shall be presumed to have satisfied any disclosure duty imposed by this chapter if the lender provides a disclosure statement in the same...
  • California Civil Code Section 1923.7
    No arrangement, transfer, or lien subject to this chapter shall be invalidated solely because of the failure of a lender to comply with any provision...
  • California Civil Code Section 1923.9
    (a) To the extent that implementation of this section does not conflict with federal law resulting in the loss of federal funding, reverse mortgage loan...
  • California Civil Code Section 1923.10
    This chapter shall only apply to those reverse mortgage loans executed on or after January 1, 1998.
  • California Civil Code Section 1925
    Hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter...
  • California Civil Code Section 1926
    The products of a thing hired, during the hiring, belong to the hirer.
  • California Civil Code Section 1927
    An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of...
  • California Civil Code Section 1928
    The hirer of a thing must use ordinary care for its preservation in safety and in good condition.
  • California Civil Code Section 1929
    The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care.
  • California Civil Code Section 1930
    When a thing is let for a particular purpose the hirer must not use it for any other purpose; and if he does, he is...
  • California Civil Code Section 1931
    The letter of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon: 1. When the hirer...
  • California Civil Code Section 1932
    The hirer of a thing may terminate the hiring before the end of the term agreed upon: 1. When the letter does not, within a...
  • California Civil Code Section 1933
    The hiring of a thing terminates: 1. At the end of the term agreed upon; 2. By the mutual consent of the parties; 3. By...
  • California Civil Code Section 1934
    If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of...
  • California Civil Code Section 1934.5
    Notwithstanding the provisions of Section 1934, the hiring of accommodations from month to month in a nursing or convalescent home shall be terminated by the...
  • California Civil Code Section 1935
    When the hiring of a thing is terminated before the time originally agreed upon, the hirer must pay the due proportion of the hire for...
  • California Civil Code Section 1936
    (a) For the purpose of this section, the following definitions shall apply: (1) "Rental company" means a person or entity in the business of renting...
  • California Civil Code Section 1936.01
    (a) For the purpose of this section, the following definitions shall apply: (1) "Airport concession fee" means a charge collected by a rental company from...
  • California Civil Code Section 1936.015
    (a) For the purposes of this section, the following definitions shall apply: (1) "Vehicle license fee" has the same meaning as in Sections 10751 and...
  • California Civil Code Section 1936.05
    (a) For purposes of this section: (1) "Additional charges" means charges other than a per period base rental rate established by the business program. (2)...
  • California Civil Code Section 1936.1
    (a) (1) A rental company shall provide a renter of a 15-passenger van with a copy of the United States Department of Transportation, National Highway...
  • California Civil Code Section 1936.5
    A "rental company" as defined in paragraph (1) of subdivision (a) of Section 1936 is not subject to the requirements of Section 14608 of the...
  • California Civil Code Section 1938
    A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013, whether the property...
  • California Civil Code Section 1940
    (a) Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees,...
  • California Civil Code Section 1940.1
    (a) No person may require an occupant of a residential hotel, as defined in Section 50519 of the Health and Safety Code, to move, or...
  • California Civil Code Section 1940.2
    (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling: (1)...
  • California Civil Code Section 1940.3
    (a) No city, county, or city and county shall, by statute, ordinance, or regulation, or by administrative action implementing any statute, ordinance, or regulation, compel...
  • California Civil Code Section 1940.4
    (a) Except as provided in subdivision (c), a landlord shall not prohibit a tenant from posting or displaying political signs relating to any of the...
  • California Civil Code Section 1940.5
    An owner or an owner's agent shall not refuse to rent a dwelling unit in a structure which received its valid certificate of occupancy after...
  • California Civil Code Section 1940.6
    (a) The owner of a residential dwelling unit or the owner's agent who applies to any public agency for a permit to demolish that residential...
  • California Civil Code Section 1940.7
    (a) The Legislature finds and declares that the December 10, 1983, tragedy in Tierra Santa, in which lives were lost as a result of a...
  • California Civil Code Section 1940.8
    A landlord of a residential dwelling unit shall provide each new tenant that occupies the unit with a copy of the notice provided by a...
  • California Civil Code Section 1940.9
    (a) If the landlord does not provide separate gas and electric meters for each tenant's dwelling unit so that each tenant's meter measures only the...
  • California Civil Code Section 1941
    Section Nineteen Hundred and Forty-one. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to...
  • California Civil Code Section 1941.1
    (a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is...
  • California Civil Code Section 1941.2
    (a) No duty on the part of the landlord to repair a dilapidation shall arise under Section 1941 or 1942 if the tenant is in...
  • California Civil Code Section 1941.3
    (a) On and after July 1, 1998, the landlord, or his or her agent, of a building intended for human habitation shall do all of...
  • California Civil Code Section 1941.4
    The lessor of a building intended for the residential occupation of human beings shall be responsible for installing at least one usable telephone jack and...
  • California Civil Code Section 1941.5
    (a) This section shall apply if a person who is restrained from contact with the protected tenant under a court order or is named in...
  • California Civil Code Section 1941.6
    (a) This section shall apply if a person who is restrained from contact with a protected tenant under a court order is a tenant of...
  • California Civil Code Section 1942
    (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962,...
  • California Civil Code Section 1942.1
    Any agreement by a lessee of a dwelling waiving or modifying his rights under Section 1941 or 1942 shall be void as contrary to public...
  • California Civil Code Section 1942.2
    A tenant who has made a payment to a utility pursuant to Section 777, 777.1, 10009, 10009.1, 12822, 12822.1, 16481, or 16481.1 of the Public...
  • California Civil Code Section 1942.3
    (a) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence that...
  • California Civil Code Section 1942.4
    (a) A landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to...
  • California Civil Code Section 1942.5
    (a) If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his...
  • California Civil Code Section 1942.6
    Any person entering onto residential real property, upon the invitation of an occupant, during reasonable hours or because of emergency circumstances, for the purpose of...
  • California Civil Code Section 1942.7
    (a) A person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual's or corporation's agents or...
  • California Civil Code Section 1943
    A hiring of real property, other than lodgings and dwelling-houses, in places where there is no custom or usage on the subject, is presumed to...
  • California Civil Code Section 1944
    A hiring of lodgings or a dwelling house for an unspecified term is presumed to have been made for such length of time as the...
  • California Civil Code Section 1945
    If a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts rent from him, the parties...
  • California Civil Code Section 1945.5
    Notwithstanding any other provision of law, any term of a lease executed after the effective date of this section for the hiring of residential real...
  • California Civil Code Section 1946
    A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the...
  • California Civil Code Section 1946.1
    (a) Notwithstanding Section 1946, a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated...
  • California Civil Code Section 1946.5
    (a) The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the owner may be terminated by...
  • California Civil Code Section 1946.7
    (a) A tenant may notify the landlord that he or she or a household member was a victim of an act that constitutes an act...
  • California Civil Code Section 1947
    When there is no usage or contract to the contrary, rents are payable at the termination of the holding, when it does not exceed one...
  • California Civil Code Section 1947.3
    (a) (1) Except as provided in paragraph (2), a landlord or a landlord's agent shall allow a tenant to pay rent and deposit of security...
  • California Civil Code Section 1947.5
    (a) A landlord of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette,...
  • California Civil Code Section 1947.7
    (a) The Legislature finds and declares that the operation of local rent stabilization programs can be complex and that disputes often arise with regard to...
  • California Civil Code Section 1947.8
    (a) If an ordinance or charter controls or establishes a system of controls on the price at which residential rental units may be offered for...
  • California Civil Code Section 1947.9
    (a) (1) Notwithstanding any local law to the contrary, for those units governed by the local rent stabilization ordinance in the City and County of...
  • California Civil Code Section 1947.10
    (a) After July 1, 1990, in any city, county, or city and county which administers a system of controls on the price at which residential...
  • California Civil Code Section 1947.11
    (a) In any city, county, or city and county which administers a system of controls on the price at which residential rental units may be...
  • California Civil Code Section 1947.15
    (a) The Legislature declares the purpose of this section is to: (1) Ensure that owners of residential rental units that are subject to a system...
  • California Civil Code Section 1948
    The attornment of a tenant to a stranger is void, unless it is made with the consent of the landlord, or in consequence of a...
  • California Civil Code Section 1949
    Every tenant who receives notice of any proceeding to recover the real property occupied by him or her, or the possession of the real property,...
  • California Civil Code Section 1950
    One who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary; and...
  • California Civil Code Section 1950.5
    (a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant. (b) As used...
  • California Civil Code Section 1950.6
    (a) Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord...
  • California Civil Code Section 1950.7
    (a) Any payment or deposit of money the primary function of which is to secure the performance of a rental agreement for other than residential...
  • California Civil Code Section 1950.8
    (a) This section applies only to commercial leases and nonresidential tenancies of real property. (b) It shall be unlawful for any person to require, demand,...
  • California Civil Code Section 1951
    As used in Sections 1951.2 to 1952.6, inclusive: (a) "Rent" includes charges equivalent to rent. (b) "Lease" includes a sublease.
  • California Civil Code Section 1951.2
    (a) Except as otherwise provided in Section 1951.4, if a lessee of real property breaches the lease and abandons the property before the end of...
  • California Civil Code Section 1951.3
    (a) Real property shall be deemed abandoned by the lessee, within the meaning of Section 1951.2, and the lease shall terminate if the lessor gives...
  • California Civil Code Section 1951.4
    (a) The remedy described in this section is available only if the lease provides for this remedy. In addition to any other type of provision...
  • California Civil Code Section 1951.5
    Section 1671, relating to liquidated damages, applies to a lease of real property.
  • California Civil Code Section 1951.7
    (a) As used in this section, "advance payment" means moneys paid to the lessor of real property as prepayment of rent, or as a deposit...
  • California Civil Code Section 1951.8
    Nothing in Section 1951.2 or 1951.4 affects the right of the lessor under a lease of real property to equitable relief where such relief is
  • California Civil Code Section 1952
    (a) Except as provided in subdivision (c), nothing in Sections 1951 to 1951.8, inclusive, affects the provisions of Chapter 4 (commencing with Section 1159) of...
  • California Civil Code Section 1952.2
    Sections 1951 to 1952, inclusive, do not apply to: (a) Any lease executed before July 1, 1971. (b) Any lease executed on or after July...
  • California Civil Code Section 1952.3
    (a) Except as provided in subdivisions (b) and (c), if the lessor brings an unlawful detainer proceeding and possession of the property is no longer...
  • California Civil Code Section 1952.4
    An agreement for the exploration for or the removal of natural resources is not a lease of real property within the meaning of Sections 1951...
  • California Civil Code Section 1952.6
    (a) Sections 1951 to 1952.2, inclusive, shall not apply to any lease or agreement for a lease of real property between any public entity and...
  • California Civil Code Section 1952.8
    On and after the effective date of this section, no owner of a gasoline service station shall enter into a lease with any person for...
  • California Civil Code Section 1953
    (a) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following...
  • California Civil Code Section 1954
    (a) A landlord may enter the dwelling unit only in the following cases: (1) In case of emergency. (2) To make necessary or agreed repairs,...
  • California Civil Code Section 1954.1
    In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the...
  • California Civil Code Section 1954.25
    The Legislature finds that the price charged for commercial real property is a matter of statewide concern. Price controls on commercial rents discourage expansion of...
  • California Civil Code Section 1954.26
    As used in this chapter, the following terms have the following meanings: (a) "Owner" includes any person, acting as principal or through an agent, having...
  • California Civil Code Section 1954.27
    (a) No public entity shall enact any measure constituting commercial rental control, nor shall any public entity enforce any commercial rental control, whether enacted prior...
  • California Civil Code Section 1954.28
    Nothing in this chapter limits or affects public entities with respect to any of the following: (a) The Eminent Domain Law, Title 7 (commencing with...
  • California Civil Code Section 1954.29
    Nothing in this chapter shall, with respect to a public entity: (a) Grant, enlarge, or diminish any power (1) which it may possess under the...
  • California Civil Code Section 1954.30
    Nothing in this chapter grants or augments any authority of a public entity which it does not possess independent of this chapter, nor diminish any...
  • California Civil Code Section 1954.31
    A public entity may by enactment of a statute, charter or charter amendment, or ordinance, establish a requirement for notice relating to the termination of...
  • California Civil Code Section 1954.50
    This chapter shall be known and may be cited as the Costa-Hawkins Rental Housing Act.
  • California Civil Code Section 1954.51
    As used in this chapter, the following terms have the following meanings: (a) "Comparable units" means rental units that have approximately the same living space,...
  • California Civil Code Section 1954.52
    (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial and all subsequent rental rates for a dwelling...
  • California Civil Code Section 1954.53
    (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial rental rate for a dwelling or unit, except...
  • California Civil Code Section 1954.535
    Where an owner terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for rent limitations to a qualified...
  • California Civil Code Section 1955
    Except as otherwise agreed by the lessor and the lessee in lease agreements for a term of more than 20 days, one who leases personal...
  • California Civil Code Section 1956
    Except as otherwise agreed by the lessor and lessee, a lessee of personal property must bear all such expenses concerning it as might naturally be...
  • California Civil Code Section 1957
    If a lessor fails to fulfill his or her obligations, as prescribed by Section 1955, the lessee, after giving him or her notice to do...
  • California Civil Code Section 1958
    At the expiration of the term for which personal property is leased, the lessee must return it to the lessor at the place contemplated by...
  • California Civil Code Section 1959
    The contract by which a ship is let is termed a charter party. By it the owner may either let the capacity or burden of...
  • California Civil Code Section 1961
    This chapter shall apply to every dwelling structure containing one or more units offered to the public for rent or for lease for residential purposes.
  • California Civil Code Section 1962
    (a) Any owner of a dwelling structure specified in Section 1961 or a party signing a rental agreement or lease on behalf of the owner...
  • California Civil Code Section 1962.5
    (a) Notwithstanding subdivisions (a) and (b) of Section 1962, the information required by paragraph (1) of subdivision (a) of Section 1962 to be disclosed to...
  • California Civil Code Section 1962.7
    In the event an owner, successor owner, manager, or agent specified in Section 1961 fails to comply with the requirements of this chapter, service of...
  • California Civil Code Section 1965
    (a) A residential landlord shall not refuse to surrender, to a residential tenant or to a residential tenant's duly authorized representative, any personal property not...
  • California Civil Code Section 1980
    As used in this chapter: (a) "Landlord" means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or...
  • California Civil Code Section 1980.5
    Except as provided in Section 1993.01, the provisions of this chapter shall not apply to commercial real property, as defined in subdivision (d) of Section...
  • California Civil Code Section 1981
    (a) This chapter provides an optional procedure for the disposition of personal property that remains on the premises after a tenancy has terminated and the...
  • California Civil Code Section 1982
    (a) Personal property which the landlord reasonably believes to have been lost shall be disposed of pursuant to Article 1 (commencing with Section 2080) of...
  • California Civil Code Section 1983
    (a) Where personal property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall...
  • California Civil Code Section 1984
    (a) A notice given to the former tenant which is in substantially the following form satisfies the requirements of Section 1983: Notice of Right to...
  • California Civil Code Section 1985
    A notice which is in substantially the following form given to a person (other than the former tenant) the landlord reasonably believes to be the...
  • California Civil Code Section 1986
    The personal property described in the notice shall either be left on the vacated premises or be stored by the landlord in a place of...
  • California Civil Code Section 1987
    (a) The personal property described in the notice shall be released by the landlord to the former tenant or, at the landlord's option, to any...
  • California Civil Code Section 1988
    (a) If the personal property described in the notice is not released pursuant to Section 1987, it shall be sold at public sale by competitive...
  • California Civil Code Section 1989
    (a) Notwithstanding subdivision (c) of Section 1981, where the landlord releases to the former tenant property which remains on the premises after a tenancy is...
  • California Civil Code Section 1990
    (a) Costs of storage which may be required to be paid under this chapter shall be assessed in the following manner: (1) Where a former...
  • California Civil Code Section 1991
    Where a notice of belief of abandonment is given to a lessee pursuant to Section 1951.3, the notice to the former tenant given pursuant to...
  • California Civil Code Section 1993
    This chapter shall only apply to commercial real property. As used in this chapter: (a) "Commercial real property" has the meaning specified in subdivision (d)...
  • California Civil Code Section 1993.01
    Notwithstanding Section 1980.5, the requirements of Sections 1982, 1987, and 1990 shall apply to property that is subject to this chapter.
  • California Civil Code Section 1993.02
    (a) This chapter provides an optional procedure for the disposition of property that remains on the premises after a tenancy of commercial real property has...
  • California Civil Code Section 1993.03
    (a) If property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give...
  • California Civil Code Section 1993.04
    (a) A notice given to the former tenant that is in substantially the following form satisfies the requirements of Section 1993.03: Notice of Right to...
  • California Civil Code Section 1993.05
    A notice in substantially the following form given to a person (other than the former tenant) the landlord reasonably believes to be the owner of...
  • California Civil Code Section 1993.06
    The personal property described in the notice shall either be left on the vacated premises or be stored by the landlord in a place of...
  • California Civil Code Section 1993.07
    (a) (1) The property described in the notice that is not released pursuant to Section 1987 shall be sold at public sale by competitive bidding...
  • California Civil Code Section 1993.08
    (a) Notwithstanding subdivision (c) of Section 1993.02, if the landlord releases to the former tenant property that remains on the premises after a tenancy is...
  • California Civil Code Section 1993.09
    If a notice of belief of abandonment is given to a lessee pursuant to Section 1951.3, the notice to the former tenant given pursuant to...
  • California Civil Code Section 1995.010
    This chapter applies to transfer of a tenant's interest in a lease of real property for other than residential purposes.
  • California Civil Code Section 1995.020
    As used in this chapter: (a) "Landlord" includes a tenant who is a sublandlord under a sublease. (b) "Lease" means a lease or sublease of...
  • California Civil Code Section 1995.030
    Except as provided in Section 1995.270, this chapter applies to a lease executed before, on, or after January 1, 1990.
  • California Civil Code Section 1995.210
    (a) Subject to the limitations in this chapter, a lease may include a restriction on transfer of the tenant's interest in the lease. (b) Unless...
  • California Civil Code Section 1995.220
    An ambiguity in a restriction on transfer of a tenant's interest in a lease shall be construed in favor of transferability.
  • California Civil Code Section 1995.230
    A restriction on transfer of a tenant's interest in a lease may absolutely prohibit transfer.
  • California Civil Code Section 1995.240
    A restriction on transfer of a tenant's interest in a lease may provide that the transfer is subject to any express standard or condition, including,...
  • California Civil Code Section 1995.250
    A restriction on transfer of a tenant's interest in a lease may require the landlord's consent for transfer subject to any express standard or condition...
  • California Civil Code Section 1995.260
    If a restriction on transfer of the tenant's interest in a lease requires the landlord's consent for transfer but provides no standard for giving or...
  • California Civil Code Section 1995.270
    (a) The Legislature finds and declares: (1) It is the public policy of the state and fundamental to the commerce and economic development of the...
  • California Civil Code Section 1995.300
    A remedy provided by law for violation of the rights of the tenant or of the landlord concerning transfer of a tenant's interest in a...
  • California Civil Code Section 1995.310
    If a restriction on transfer of a tenant's interest in a lease requires the landlord's consent for transfer subject to an express or implied standard...
  • California Civil Code Section 1995.320
    If a tenant transfers the tenant's interest in a lease in violation of a restriction on transfer of the tenant's interest in the lease, in...
  • California Civil Code Section 1995.330
    (a) An assignee who receives or makes a transfer in violation of a restriction on transfer of a tenant's interest in a lease is jointly...
  • California Civil Code Section 1995.340
    (a) Subject to subdivision (b), a restriction on transfer of a tenant's interest in a lease applies to a subsequent transfer by a tenant, an...
  • California Civil Code Section 1997.010
    This chapter applies to a restriction on use of leased property by a tenant under a lease of real property for other than residential purposes.
  • California Civil Code Section 1997.020
    As used in this chapter: (a) "Landlord" includes a tenant who is a sublandlord under a sublease. (b) "Lease" means a lease or sublease of...
  • California Civil Code Section 1997.030
    Nothing in this chapter authorizes a restriction on use that is otherwise prohibited by law.
  • California Civil Code Section 1997.040
    (a) For the purpose of subdivision (a) of Section 1951.2 (damages on termination for breach), the amount of rental loss that could be or could...
  • California Civil Code Section 1997.050
    Except as provided in Section 1997.270, this chapter applies to a lease executed before, on, or after January 1, 1992.
  • California Civil Code Section 1997.210
    (a) Subject to the limitations in this chapter, a lease may include a restriction on use of leased property by a tenant. (b) Unless the...
  • California Civil Code Section 1997.220
    An ambiguity in a restriction on use of leased property by a tenant shall be construed in favor of unrestricted use.
  • California Civil Code Section 1997.230
    A restriction on use of leased property by a tenant may absolutely prohibit a change in use.
  • California Civil Code Section 1997.240
    A restriction on use of leased property by a tenant may provide that a change in use is subject to any express standard or condition.
  • California Civil Code Section 1997.250
    A restriction on use of leased property by a tenant may require the landlord's consent for a change in use subject to any express standard...
  • California Civil Code Section 1997.260
    If a restriction on use of leased property by a tenant requires the landlord's consent for a change in use but provides no standard for...
  • California Civil Code Section 1997.270
    (a) Section 1997.260 applies to a restriction on use executed on or after January 1, 1992. If a restriction on use executed before January 1,...
  • California Civil Code Section 2019
    An agent must not exceed the limits of his actual authority, as defined by the Title on Agency.
  • California Civil Code Section 2020
    An agent must use ordinary diligence to keep his principal informed of his acts in the course of the agency.
  • California Civil Code Section 2021
    An agent employed to collect a negotiable instrument must collect it promptly, and take all measures necessary to charge the parties thereto, in case of...
  • California Civil Code Section 2022
    A mere agent of an agent is not responsible as such to the principal of the latter.
  • California Civil Code Section 2026
    A factor is an agent who, in the pursuit of an independent calling, is employed by another to sell property for him, and is vested...
  • California Civil Code Section 2027
    A factor must obey the instructions of his principal to the same extent as any other employe, notwithstanding any advances he may have made to...
  • California Civil Code Section 2028
    A factor may sell property consigned to him on such credit as is usual; but, having once agreed with the purchaser upon the term of...
  • California Civil Code Section 2029
    A factor who charges his principal with a guaranty commission upon a sale, thereby assumes absolutely to pay the price when it falls due, as...
  • California Civil Code Section 2030
    A factor who receives property for sale, under a general agreement or usage to guarantee the sales or the remittance of the proceeds, cannot relieve...
  • California Civil Code Section 2078
    One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession for the purpose of...
  • California Civil Code Section 2079
    (a) It is the duty of a real estate broker or salesperson, licensed under Division 4 (commencing with Section 10000) of the Business and Professions...
  • California Civil Code Section 2079.1
    The provisions of this article relating sale transactions of residential real property comprising one to four dwelling units apply with equal force to leases of...
  • California Civil Code Section 2079.2
    The standard of care owed by a broker under this article is the degree of care that a reasonably prudent real estate licensee would exercise...
  • California Civil Code Section 2079.3
    The inspection to be performed pursuant to this article does not include or involve an inspection of areas that are reasonably and normally inaccessible to...
  • California Civil Code Section 2079.4
    In no event shall the time for commencement of legal action for breach of duty imposed by this article exceed two years from the date...
  • California Civil Code Section 2079.5
    Nothing in this article relieves a buyer or prospective buyer of the duty to exercise reasonable care to protect himself or herself, including those facts...
  • California Civil Code Section 2079.6
    This article does not apply to transfers which are required to be preceded by the furnishing, to a prospective transferee, of a copy of a...
  • California Civil Code Section 2079.7
    (a) If a consumer information booklet described in Section 10084.1 of the Business and Professions Code is delivered to a transferee in connection with the...
  • California Civil Code Section 2079.8
    (a) If a Homeowner's Guide to Earthquake Safety described in Section 10149 of the Business and Professions Code is delivered to a transferee in connection...
  • California Civil Code Section 2079.9
    (a) If a Commercial Property Owner's Guide to Earthquake Safety described in Section 10147 of the Business and Professions Code is delivered to a transferee...
  • California Civil Code Section 2079.10
    (a) If the informational booklet published pursuant to Section 25402.9 of the Public Resources Code, concerning the statewide home energy rating program adopted pursuant to...
  • California Civil Code Section 2079.10.5
    (a) Every contract for the sale of residential real property entered into on or after July 1, 2013, shall contain, in not less than 8-point...
  • California Civil Code Section 2079.10a
    (a) Every lease or rental agreement for residential real property entered into on or after July 1, 1999, and every contract for the sale of...
  • California Civil Code Section 2079.11
    (a) Except as provided in subdivision (b), to the extent permitted by law, the consumer information publications referred to in this article, including, but not...
  • California Civil Code Section 2079.12
    (a) The Legislature hereby finds and declares all of the following: (1) That the imprecision of terms in the opinion rendered in Easton v. Strassburger,...
  • California Civil Code Section 2079.13
    As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent" means a person acting under provisions of Title...
  • California Civil Code Section 2079.14
    Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in...
  • California Civil Code Section 2079.15
    In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent, or an associate...
  • California Civil Code Section 2079.16
    The disclosure form required by Section 2079.14 shall have Sections 2079.13 to 2079.24, inclusive, excluding this section, printed on the back, and on the front...
  • California Civil Code Section 2079.17
    (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property...
  • California Civil Code Section 2079.18
    No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as...
  • California Civil Code Section 2079.19
    The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular...
  • California Civil Code Section 2079.20
    Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited...
  • California Civil Code Section 2079.21
    A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing...
  • California Civil Code Section 2079.22
    Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not,...
  • California Civil Code Section 2079.23
    A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the...
  • California Civil Code Section 2079.24
    Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents,...
  • California Civil Code Section 2080
    Any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by...
  • California Civil Code Section 2080.1
    (a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of...
  • California Civil Code Section 2080.2
    If the owner appears within 90 days, after receipt of the property by the police department or sheriff's department, proves his ownership of the property,...
  • California Civil Code Section 2080.3
    (a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her...
  • California Civil Code Section 2080.4
    Notwithstanding the provisions of Section 2080.3 or Section 2080.6, the legislative body of any city, city and county, or county may provide by ordinance for...
  • California Civil Code Section 2080.5
    The police department or sheriff's department may sell such property by public auction, in the manner and upon the notice of sale of personal property...
  • California Civil Code Section 2080.6
    (a) Any public agency may elect to be governed by the provisions of this article with respect to disposition of personal property found or saved...
  • California Civil Code Section 2080.7
    The provisions of this article have no application to things which have been intentionally abandoned by their owner.
  • California Civil Code Section 2080.8
    (a) The Regents of the University of California and the Trustees of the California State University, as applicable, may provide by resolution or regulation for...
  • California Civil Code Section 2080.10
    (a) When a public agency obtains possession of personal property from a person for temporary safekeeping, the public agency shall do all of the following:...
  • California Civil Code Section 2081
    When any goods, merchandise, or other property has been received by any railroad or express company, other common carrier, commission merchant, innkeeper, or warehouseman, for...
  • California Civil Code Section 2081.1
    If within 60 days after its receipt no person calls for the property and pays the freight and charges upon it, the carrier, commission merchant,...
  • California Civil Code Section 2081.2
    If any surplus remains after paying the freight, storage, expenses of sale, and other reasonable charges, the sum remaining shall be paid over to the...
  • California Civil Code Section 2081.3
    If the owner or his agent fails to demand the surplus within 60 days after the sale, it shall be paid into the county treasury,...
  • California Civil Code Section 2081.4
    After the storage of the property the responsibility of the carrier, commission merchant, innkeeper, or warehouseman ceases. The person with whom the property is stored...
  • California Civil Code Section 2081.5
    When any commission merchant or warehouseman receives produce, merchandise, or other property on consignment and makes advances upon it, either to the owner or for...
  • California Civil Code Section 2081.6
    All proceedings pursuant to this article are governed entirely by its provisions and are not controlled or affected by Article 2, Chapter 3, Title 7,...
  • California Civil Code Section 2082
    The fees of officers under this chapter are the same allowed by law for similar services, and shall be paid by the taker up or...
  • California Civil Code Section 2085
    The contract of carriage is a contract for the conveyance of property, persons, or messages, from one place to another.
  • California Civil Code Section 2086
    Carriage is either: 1. Inland; or, 2. Marine.
  • California Civil Code Section 2087
    Carriers upon the ocean and upon arms of the sea are marine carriers. All others are inland carriers.
  • California Civil Code Section 2088
    Rights and duties peculiar to carriers by sea are defined by Acts of Congress.
  • California Civil Code Section 2089
    Carriers without reward are subject to the same rules as employGs without reward, except so far as is otherwise provided by this Title.
  • California Civil Code Section 2090
    A carrier without reward, who has begun to perform his undertaking, must complete it in like manner as if he had received a reward, unless...
  • California Civil Code Section 2096
    A carrier of persons without reward must use ordinary care and diligence for their safe carriage.
  • California Civil Code Section 2100
    A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and...
  • California Civil Code Section 2101
    A carrier of persons for reward is bound to provide vehicles safe and fit for the purposes to which they are put, and is not...
  • California Civil Code Section 2102
    A carrier of persons for reward must not overcrowd or overload his vehicle.
  • California Civil Code Section 2103
    A carrier of persons for reward must give to passengers all such accommodations as are usual and reasonable, and must treat them with civility, and...
  • California Civil Code Section 2104
    A carrier of persons for reward must travel at a reasonable rate of speed, and without any unreasonable delay, or deviation from his proper route.
  • California Civil Code Section 2110
    Property carried is called freight; the reward, if any, to be paid for its carriage is called freightage; the person who delivers the freight to...
  • California Civil Code Section 2114
    A carrier of property for reward must use at least ordinary care and diligence in the performance of all his duties. A carrier without reward...
  • California Civil Code Section 2115
    Subject to Section 7303 of the Uniform Commercial Code, a carrier must comply with the directions of the consignor or consignee to the same extent...
  • California Civil Code Section 2118
    Subject to Section 7303 of the Uniform Commercial Code, a carrier of property must deliver it to the consignee, at the place to which it...
  • California Civil Code Section 2119
    If there is no usage to the contrary at the place of delivery, freight must be delivered as follows: 1. If carried upon a railway...
  • California Civil Code Section 2120
    Section Twenty-one Hundred and Twenty. If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he must give...
  • California Civil Code Section 2121
    Section Twenty-one Hundred and Twenty-one. If a consignee does not accept and remove freight within a reasonable time after the carrier has fulfilled his obligation...
  • California Civil Code Section 2136
    A carrier may require his freightage to be paid upon his receiving the freight; but if he does not demand it then, he cannot until...
  • California Civil Code Section 2137
    The consignor of freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee...
  • California Civil Code Section 2138
    The consignee of freight is liable for the freightage, if he accepts the freight with notice of the intention of the consignor that he should...
  • California Civil Code Section 2139
    No freightage can be charged upon the natural increase of freight.
  • California Civil Code Section 2140
    If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according...
  • California Civil Code Section 2141
    If a part of the freight is accepted by a consignee, without a specific objection that the rest is not delivered, the freightage must be...
  • California Civil Code Section 2142
    If a consignee voluntarily receives freight at a place short of the one appointed for delivery, the carrier is entitled to a just proportion of...
  • California Civil Code Section 2143
    If freight is carried further, or more expeditiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, and cannot...
  • California Civil Code Section 2144
    A carrier has a lien for (a) freightage and for services rendered at request of shipper or consignee in and about the transportation of the...
  • California Civil Code Section 2161
    A carrier of messages for reward, other than by telegraph or telephone, must deliver them at the place to which they are addressed, or to...
  • California Civil Code Section 2162
    Section Twenty-one Hundred and Sixty-two. A carrier of messages for reward, must use great care and diligence in the transmission and delivery of messages.
  • California Civil Code Section 2168
    Section Twenty-one Hundred and Sixty-eight. Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common...
  • California Civil Code Section 2169
    A common carrier must, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a...
  • California Civil Code Section 2170
    A common carrier must not give preference in time, price, or otherwise, to one person over another. Every common carrier of passengers by railroad, or...
  • California Civil Code Section 2171
    A common carrier must always give a preference in time, and may give a preference in price, to the United States and to this State.
  • California Civil Code Section 2172
    Section Twenty-one Hundred and Seventy-two. A common carrier must start at such time and place as he announces to the public, unless detained by accident...
  • California Civil Code Section 2173
    A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in advance. If payment thereof is...
  • California Civil Code Section 2174
    Section Twenty-one Hundred and Seventy-four. The obligations of a common carrier cannot be limited by general notice on his part, but may be limited by...
  • California Civil Code Section 2175
    A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself...
  • California Civil Code Section 2176
    Section Twenty-one Hundred and Seventy-six. A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract for carriage, with a knowledge...
  • California Civil Code Section 2177
    Section Twenty-one Hundred and Seventy-seven. A common carrier is not responsible for loss or miscarriage of a letter, or package having the form of a...
  • California Civil Code Section 2178
    A common carrier of property by steam or electric railroad which accepts for transportation, storage, handling or safe-keeping, as a part of or in connection...
  • California Civil Code Section 2180
    A common carrier of persons, unless his vehicle is fitted for the reception of persons exclusively, must receive and carry a reasonable amount of baggage...
  • California Civil Code Section 2181
    Luggage may consist of whatever the passenger takes with him for his personal use and convenience, according to the habits or wants of the particular...
  • California Civil Code Section 2182
    The liability of a carrier for luggage received by him with a passenger is the same as that of a common carrier of property.
  • California Civil Code Section 2183
    Section Twenty-one Hundred and Eighty-three. A common carrier must deliver every passenger's luggage, whether within the prescribed weight or not, immediately upon the arrival of...
  • California Civil Code Section 2184
    A common carrier of persons must provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage...
  • California Civil Code Section 2185
    A common carrier of persons must provide every passenger with a seat. He must not overload his vehicle by receiving and carrying more passengers than...
  • California Civil Code Section 2186
    A common carrier of persons may make rules for the conduct of his business, and may require passengers to conform to them, if they are...
  • California Civil Code Section 2187
    A common carrier may demand the fare of passengers, either at starting or at any subsequent time.
  • California Civil Code Section 2188
    A passenger who refuses to pay his fare or to conform to any lawful regulation of the carrier, may be ejected from the vehicle by...
  • California Civil Code Section 2190
    After having ejected a passenger, a carrier has no right to require the payment of any part of his fare.
  • California Civil Code Section 2191
    A common carrier has a lien upon the luggage of a passenger for the payment of such fare as he is entitled to from him....
  • California Civil Code Section 2194
    Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts...
  • California Civil Code Section 2195
    A common carrier is liable, even in the cases excepted by the last section, if his want of ordinary care exposes the property to the...
  • California Civil Code Section 2196
    Section Twenty-one Hundred and Ninety-six. A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence.
  • California Civil Code Section 2197
    (a) Liability for storage or equipment rental charges assessed against a motor carrier by a railroad or steamship company shall be as follows if the...
  • California Civil Code Section 2197.5
    (a) In addition to the liability established by Section 2197, the consignee is liable to the motor carrier for the charges if the freight is...
  • California Civil Code Section 2200
    Section Twenty-two Hundred. A common carrier of gold, silver, platina, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state; of timepieces...
  • California Civil Code Section 2203
    In respect to any service rendered by a common carrier about freight, other than its carriage and delivery, his rights and obligations are defined by...
  • California Civil Code Section 2204
    Section Twenty-two Hundred and Four. If, from any cause other than want of ordinary care and diligence on his part, a common carrier is unable...
  • California Civil Code Section 2205
    The liability of any stageline, transfer company, or other common carriers operating over the public highways for the loss of or for damage to any...
  • California Civil Code Section 2207
    A carrier of messages by telegraph must, if it is practicable, transmit every such message immediately upon its receipt. But if this is not practicable,...
  • California Civil Code Section 2208
    A common carrier of messages, otherwise than by telegraph, must transmit messages in the order in which he receives them, except messages from agents of...
  • California Civil Code Section 2209
    Every person whose message is refused or postponed, contrary to the provisions of this Chapter, is entitled to recover from the carrier his actual damages,...
  • California Civil Code Section 2210
    For purposes of this article: (a) "Participant" means a space flight participant as defined in Section 50902 of Title 51 of the United States Code....
  • California Civil Code Section 2211
    (a) A space flight entity providing space flight activities to a participant shall have each participant sign a warning statement that shall contain, at a...
  • California Civil Code Section 2212
    (a) Except as provided in subdivision (c), a space flight entity shall not be liable for participant injury arising out of space flight activities if...
  • California Civil Code Section 2223
    One who wrongfully detains a thing is an involuntary trustee thereof, for the benefit of the owner.
  • California Civil Code Section 2224
    One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he or she...
  • California Civil Code Section 2225
    (a) As used in this section: (1) "Convicted felon" means any person convicted of a felony, or found not guilty by reason of insanity of...
  • California Civil Code Section 2295
    An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.
  • California Civil Code Section 2296
    Any person having capacity to contract may appoint an agent, and any person may be an agent.
  • California Civil Code Section 2297
    An agent for a particular act or transaction is called a special agent. All others are general agents.
  • California Civil Code Section 2298
    An agency is either actual or ostensible.
  • California Civil Code Section 2299
    An agency is actual when the agent is really employed by the principal.
  • California Civil Code Section 2300
    An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent...
  • California Civil Code Section 2304
    An agent may be authorized to do any acts which his principal might do, except those to which the latter is bound to give his...
  • California Civil Code Section 2305
    Every act which, according to this Code, may be done by or to any person, may be done by or to the agent of such...
  • California Civil Code Section 2306
    An agent can never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with...
  • California Civil Code Section 2307
    An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification.
  • California Civil Code Section 2308
    A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal.
  • California Civil Code Section 2309
    An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can...
  • California Civil Code Section 2310
    A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where...
  • California Civil Code Section 2311
    Ratification of part of an indivisible transaction is a ratification of the whole.
  • California Civil Code Section 2312
    A ratification is not valid unless, at the time of ratifying the act done, the principal has power to confer authority for such an act.
  • California Civil Code Section 2313
    No unauthorized act can be made valid, retroactively, to the prejudice of third persons, without their consent.
  • California Civil Code Section 2314
    A ratification may be rescinded when made without such consent as is required in a contract, or with an imperfect knowledge of the material facts...
  • California Civil Code Section 2315
    An agent has such authority as the principal, actually or ostensibly, confers upon him.
  • California Civil Code Section 2316
    Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe...
  • California Civil Code Section 2317
    Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to
  • California Civil Code Section 2318
    Every agent has actually such authority as is defined by this Title, unless specially deprived thereof by his principal, and has even then such authority...
  • California Civil Code Section 2319
    An agent has authority: 1. To do everything necessary or proper and usual, in the ordinary course of business, for effecting the purpose of his...
  • California Civil Code Section 2320
    An agent has power to disobey instructions in dealing with the subject of the agency, in cases where it is clearly for the interest of...
  • California Civil Code Section 2321
    When an authority is given partly in general and partly in specific terms, the general authority gives no higher powers than those specifically mentioned.
  • California Civil Code Section 2322
    An authority expressed in general terms, however broad, does not authorize an agent to do any of the following: (a) Act in the agent's own...
  • California Civil Code Section 2323
    An authority to sell personal property includes authority to warrant the title of the principal, and the quality and quantity of the property.
  • California Civil Code Section 2324
    An authority to sell and convey real property includes authority to give the usual convenants of warranty.
  • California Civil Code Section 2325
    A general agent to sell, who is intrusted by the principal with the possession of the thing sold, has authority to receive the price.
  • California Civil Code Section 2326
    A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.
  • California Civil Code Section 2330
    An agent represents his principal for all purposes within the scope of his actual or ostensible authority, and all the rights and liabilities which would...
  • California Civil Code Section 2331
    A principal is bound by an incomplete execution of an authority, when it is consistent with the whole purpose and scope thereof, but not otherwise.
  • California Civil Code Section 2332
    As against a principal, both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and...
  • California Civil Code Section 2333
    When an agent exceeds his authority, his principal is bound by his authorized acts so far only as they can be plainly separated from those...
  • California Civil Code Section 2334
    A principal is bound by acts of his agent, under a merely ostensible authority, to those persons only who have in good faith, and without...
  • California Civil Code Section 2335
    If exclusive credit is given to an agent by the person dealing with him, his principal is exonerated by payment or other satisfaction made by...
  • California Civil Code Section 2336
    One who deals with an agent without knowing or having reason to believe that the agent acts as such in the transaction, may set off...
  • California Civil Code Section 2337
    An instrument within the scope of his authority by which an agent intends to bind his principal, does bind him if such intent is plainly...
  • California Civil Code Section 2338
    Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of...
  • California Civil Code Section 2339
    A principal is responsible for no other wrongs committed by his agent than those mentioned in the last section, unless he has authorized or ratified...
  • California Civil Code Section 2342
    One who assumes to act as an agent thereby warrants, to all who deal with him in that capacity, that he has the authority which...
  • California Civil Code Section 2343
    One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency,...
  • California Civil Code Section 2344
    If an agent receives anything for the benefit of his principal, to the possession of which another person is entitled, he must, on demand, surrender...
  • California Civil Code Section 2345
    The provisions of this Article are subject to the provisions of Part I, Division First, of this Code.
  • California Civil Code Section 2349
    An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and...
  • California Civil Code Section 2350
    If an agent employs a sub-agent without authority, the former is a principal and the latter his agent, and the principal of the former has...
  • California Civil Code Section 2351
    A sub-agent, lawfully appointed, represents the principal in like manner with the original agent; and the original agent is not responsible to third persons for...
  • California Civil Code Section 2355
    An agency is terminated, as to every person having notice thereof, by any of the following: (a) The expiration of its term. (b) The extinction...
  • California Civil Code Section 2356
    (a) Unless the power of an agent is coupled with an interest in the subject of the agency, it is terminated by any of the...
  • California Civil Code Section 2357
    For the purposes of subdivision (b) of Section 2356, in the case of a principal who is an absentee as defined in Section 1403 of...
  • California Civil Code Section 2362
    An auctioneer, in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows: 1. To sell by...
  • California Civil Code Section 2363
    An auctioneer has authority from a bidder at the auction, as well as from the seller, to bind both by a memorandum of the contract,...
  • California Civil Code Section 2367
    A factor is an agent, as defined by Section 2026.
  • California Civil Code Section 2368
    In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted: 1. To insure property consigned...
  • California Civil Code Section 2369
    A factor has ostensible authority to deal with the property of his principal as his own, in transactions with persons not having notice of the...
  • California Civil Code Section 2400
    Powers of attorney are governed by the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) to the extent provided...
  • California Civil Code Section 2500
    As used in this title: (a) "Royalty recipient" means a party to a contract for the furnishing of services in the production of sound recordings,...
  • California Civil Code Section 2501
    Notwithstanding any provision of a contract described in Section 2500: (a) A royalty recipient may audit the books and records of the royalty reporting party...
  • California Civil Code Section 2527
    (a) On or after January 1, 1984, no prescription drug claims processor, as defined in subdivision (b), shall enter into or perform any provision of...
  • California Civil Code Section 2528
    A violation of Section 2527 may result only in imposition of a civil remedy, which includes, but is not limited to, imposition of statutory damages...
  • California Civil Code Section 2772
    Indemnity is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties, or of...
  • California Civil Code Section 2773
    Section Twenty-seven Hundred and Seventy-three. An agreement to indemnify a person against an act thereafter to be done, is void, if the act be known...
  • California Civil Code Section 2774
    An agreement to indemnify a person against an act already done, is valid, even though the act was known to be wrongful, unless it was...
  • California Civil Code Section 2775
    An agreement to indemnify against the acts of a certain person, applies not only to his acts and their consequences, but also to those of...
  • California Civil Code Section 2776
    An agreement to indemnify several persons applies to each, unless a contrary intention appears.
  • California Civil Code Section 2777
    One who indemnifies another against an act to be done by the latter, is liable jointly with the person indemnified, and separately, to every person...
  • California Civil Code Section 2778
    In the interpretation of a contract of indemnity, the following rules are to be applied, unless a contrary intention appears: 1. Upon an indemnity against...
  • California Civil Code Section 2779
    Where one, at the request of another, engages to answer in damages, whether liquidated or unliquidated, for any violation of duty on the part of...
  • California Civil Code Section 2782
    (a) Except as provided in Sections 2782.1, 2782.2, 2782.5, and 2782.6, provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction contract...
  • California Civil Code Section 2782.05
    (a) Except as provided in subdivision (b), provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any construction contract and amendments thereto entered...
  • California Civil Code Section 2782.1
    Nothing contained in Section 2782 shall prevent a contractor responsible for the performance of a construction contract, as defined in Section 2783, from indemnifying fully...
  • California Civil Code Section 2782.2
    (a) Nothing contained in subdivision (a) of Section 2782 prevents an agreement to indemnify a professional engineer against liability for the negligence of the engineer,...
  • California Civil Code Section 2782.5
    Nothing contained in Section 2782 shall prevent a party to a construction contract and the owner or other party for whose account the construction contract...
  • California Civil Code Section 2782.6
    (a) Nothing in subdivision (a) of Section 2782 prevents an agreement to indemnify a professional engineer or geologist or the agents, servants, independent contractors, subsidiaries,...
  • California Civil Code Section 2782.8
    (a) For all contracts, and amendments thereto, entered into on or after January 1, 2007, with a public agency for design professional services, all provisions,...
  • California Civil Code Section 2782.9
    (a) All contracts, provisions, clauses, amendments, or agreements contained therein entered into after January 1, 2009, for a residential construction project on which a wrap-up...
  • California Civil Code Section 2782.95
    For any wrap-up insurance policy or other consolidated insurance program that insures a private residential (as that term is used in Title 7 (commencing with...
  • California Civil Code Section 2782.96
    If an owner, builder, or general contractor obtains a wrap-up insurance policy or other consolidated insurance program for a public work as defined in Section...
  • California Civil Code Section 2783
    As used in Sections 2782 and 2782.5, "construction contract" is defined as any agreement or understanding, written or oral, respecting the construction, surveying, design, specifications,...
  • California Civil Code Section 2784
    As used in Sections 2782 and 2782.5, a "design defect" is defined as a condition arising out of its design which renders a structure, item...
  • California Civil Code Section 2784.5
    Any provision, promise, agreement, clause, or covenant contained in, collateral to, or affecting any hauling, trucking, or cartage contract or agreement is against public policy,...
  • California Civil Code Section 2787
    The distinction between sureties and guarantors is hereby abolished. The terms and their derivatives, wherever used in this code or in any other statute or...
  • California Civil Code Section 2788
    A person may become surety even without the knowledge or consent of the principal.
  • California Civil Code Section 2792
    Where a suretyship obligation is entered into at the same time with the original obligation, or with the acceptance of the latter by the creditor,...
  • California Civil Code Section 2793
    Except as prescribed by the next section, a suretyship obligation must be in writing, and signed by the surety; but the writing need not express...
  • California Civil Code Section 2794
    A promise to answer for the obligation of another, in any of the following cases, is deemed an original obligation of the promisor, and need...
  • California Civil Code Section 2795
    Unless notice of acceptance is expressly required, an offer to become a surety may be accepted by acting upon it, or by acceptance upon other...
  • California Civil Code Section 2799
    In an assumption of liability as surety in connection with a contract, the terms of which are not then settled, it is implied that its...
  • California Civil Code Section 2800
    A guaranty to the effect that an obligation is good, or is collectible, imports that the debtor is solvent, and that the demand is collectible...
  • California Civil Code Section 2801
    A guaranty, such as is mentioned in the last section, is not discharged by an omission to take proceedings upon the principal debt, or upon...
  • California Civil Code Section 2802
    In the cases mentioned in Section 2800, the removal of the principal from the State, leaving no property therein from which the obligation might be...
  • California Civil Code Section 2806
    A suretyship obligation is to be deemed unconditional unless its terms import some condition precedent to the liability of the surety.
  • California Civil Code Section 2807
    A surety who has assumed liability for payment or performance is liable to the creditor immediately upon the default of the principal, and without demand...
  • California Civil Code Section 2808
    Where one assumes liability as surety upon a conditional obligation, his liability is commensurate with that of the principal, and he is not entitled to...
  • California Civil Code Section 2809
    The obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; and if in...
  • California Civil Code Section 2810
    A surety is liable, notwithstanding any mere personal disability of the principal, though the disability be such as to make the contract void against the...
  • California Civil Code Section 2811
    Any party required to give a bond undertaking or other obligation may agree with his surety for the deposit of any money and assets for...
  • California Civil Code Section 2814
    A guaranty relating to a future liability of the principal, under successive transactions, which either continue his liability or from time to time renew it...
  • California Civil Code Section 2815
    A continuing guaranty may be revoked at any time by the guarantor, in respect to future transactions, unless there is a continuing consideration as to...
  • California Civil Code Section 2819
    A surety is exonerated, except so far as he or she may be indemnified by the principal, if by any act of the creditor, without...
  • California Civil Code Section 2820
    That a promise by a creditor is for any cause void, or voidable by him at his option, shall not prevent it from altering the...
  • California Civil Code Section 2821
    The rescission of an agreement altering the original obligation of a debtor, or impairing the remedy of a creditor, does not restore the liability of...
  • California Civil Code Section 2822
    (a) The acceptance, by a creditor, of anything in partial satisfaction of an obligation, reduces the obligation of a surety thereof, in the same measure...
  • California Civil Code Section 2823
    Mere delay on the part of a creditor to proceed against the principal, or to enforce any other remedy, does not exonerate a surety.
  • California Civil Code Section 2824
    A surety, who has been indemnified by the principal, is liable to the creditor to the extent of the indemnity, notwithstanding that the creditor, without...
  • California Civil Code Section 2825
    A surety is not exonerated by the discharge of his principal by operation of law, without the intervention or omission of the creditor.
  • California Civil Code Section 2832
    One who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that he is in fact a...
  • California Civil Code Section 2837
    In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts. Except as...
  • California Civil Code Section 2838
    Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.
  • California Civil Code Section 2839
    Section Twenty-eight Hundred and Thirty-nine. Performance of the principal obligation, or an offer of such performance, duly made as provided in this Code, exonerates a
  • California Civil Code Section 2845
    A surety may require the creditor, subject to Section 996.440 of the Code of Civil Procedure, to proceed against the principal, or to pursue any...
  • California Civil Code Section 2846
    A surety may compel his principal to perform the obligation when due.
  • California Civil Code Section 2847
    If a surety satisfies the principal obligation, or any part thereof, whether with or without legal proceedings, the principal is bound to reimburse what he...
  • California Civil Code Section 2848
    A surety, upon satisfying the obligation of the principal, is entitled to enforce every remedy which the creditor then has against the principal to the...
  • California Civil Code Section 2849
    A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a co-surety...
  • California Civil Code Section 2850
    Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied...
  • California Civil Code Section 2854
    A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of...
  • California Civil Code Section 2855
    An arbitration award rendered against a principal alone shall not be, be deemed to be, or be utilized as, an award against his surety. The...
  • California Civil Code Section 2856
    (a) Any guarantor or other surety, including a guarantor of a note or other obligation secured by real property or an estate for years, may...
  • California Civil Code Section 2860
    (a) If the provisions of a policy of insurance impose a duty to defend upon an insurer and a conflict of interest arises which creates...
  • California Civil Code Section 2872
    A lien is a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security...
  • California Civil Code Section 2873
    Liens are either general or special.
  • California Civil Code Section 2874
    A general lien is one which the holder thereof is entitled to enforce as a security for the performance of all the obligations, or all...
  • California Civil Code Section 2875
    A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation, and of...
  • California Civil Code Section 2876
    Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount...
  • California Civil Code Section 2877
    Contracts of mortgage, pledge, bottomry, or respondentia are subject to all of the provisions of this chapter.
  • California Civil Code Section 2881
    A lien is created: 1. By contract of the parties; or, 2. By operation of law.
  • California Civil Code Section 2882
    No lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.
  • California Civil Code Section 2883
    (a) An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not...
  • California Civil Code Section 2884
    A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence.
  • California Civil Code Section 2885
    Any state agency, upon recording a state tax lien against real property, shall mail written notice of the recordation to the tax debtor, unless previous...
  • California Civil Code Section 2888
    Notwithstanding an agreement to the contrary, a lien, or a contract for a lien, transfers no title to the property subject to the lien.
  • California Civil Code Section 2889
    All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the...
  • California Civil Code Section 2890
    The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is a
  • California Civil Code Section 2891
    The existence of a lien upon property does not of itself entitle the person in whose favor it exists to a lien upon the same...
  • California Civil Code Section 2892
    One who holds property by virtue of a lien thereon, is not entitled to compensation from the owner thereof for any trouble or expense which...
  • California Civil Code Section 2897
    Other things being equal, different liens upon the same property have priority according to the time of their creation, except in cases of bottomry and
  • California Civil Code Section 2898
    (a) A mortgage or deed of trust given for the price of real property, at the time of its conveyance, has priority over all other...
  • California Civil Code Section 2899
    Where one has a lien upon several things, and other persons have subordinate liens upon, or interests in, some but not all of the same...
  • California Civil Code Section 2903
    Every person, having an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the...
  • California Civil Code Section 2904
    One who has a lien inferior to another, upon the same property, has a right: 1. To redeem the property in the same manner as...
  • California Civil Code Section 2905
    Redemption from a lien is made by performing, or offering to perform, the act for the performance of which it is a security, and paying,...
  • California Civil Code Section 2906
    An option granted to a secured party by a debtor to acquire an interest in real property collateral takes priority as of its recording and...
  • California Civil Code Section 2909
    A lien is to be deemed accessory to the act for the performance of which it is a security, whether any person is bound for...
  • California Civil Code Section 2910
    The sale of any property on which there is a lien, in satisfaction of the claim secured thereby, or in case of personal property, its...
  • California Civil Code Section 2911
    A lien is extinguished by the lapse of time within which, under the provisions of the Code of Civil Procedure, either: 1. An action can...
  • California Civil Code Section 2912
    The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if...
  • California Civil Code Section 2913
    The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property,...
  • California Civil Code Section 2914
    None of the provisions of this chapter apply to any transaction or security interest governed by the Uniform Commercial Code.
  • California Civil Code Section 2920
    (a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an...
  • California Civil Code Section 2920.5
    For purposes of this article, the following definitions apply: (a) "Mortgage servicer" means a person or entity who directly services a loan, or who is...
  • California Civil Code Section 2921
    A mortgage may be created upon property held adversely to the mortgagor.
  • California Civil Code Section 2922
    A mortgage can be created, renewed, or extended, only by writing, executed with the formalities required in the case of a grant of real property.
  • California Civil Code Section 2923
    The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.
  • California Civil Code Section 2923.1
    (a) A mortgage broker providing mortgage brokerage services to a borrower is the fiduciary of the borrower, and any violation of the broker's fiduciary duties...
  • California Civil Code Section 2923.3
    (a) With respect to residential real property containing no more than four dwelling units, a mortgagee, trustee, beneficiary, or authorized agent shall provide to the...
  • California Civil Code Section 2923.4
    (a) The purpose of the act that added this section is to ensure that, as part of the nonjudicial foreclosure process, borrowers are considered for,...
  • California Civil Code Section 2923.5
    (a) (1) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent may not record a notice of default pursuant to Section 2924 until both of...
  • California Civil Code Section 2923.55
    (a) A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent may not record a notice of default pursuant to Section 2924 until all of the...
  • California Civil Code Section 2923.6
    (a) The Legislature finds and declares that any duty that mortgage servicers may have to maximize net present value under their pooling and servicing agreements...
  • California Civil Code Section 2923.7
    (a) Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide...
  • California Civil Code Section 2924
    (a) Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to...
  • California Civil Code Section 2924.1
    (a) Notwithstanding any other law, the transfer, following the sale, of property in a common interest development, as defined by Section 1351, executed under the...
  • California Civil Code Section 2924.3
    (a) Except as provided in subdivisions (b) and (c), a person who has undertaken as an agent of a mortgagee, beneficiary, or owner of a...
  • California Civil Code Section 2924.5
    No clause in any deed of trust or mortgage on property containing four or fewer residential units or on which four or fewer residential units...
  • California Civil Code Section 2924.6
    (a) An obligee may not accelerate the maturity date of the principal and accrued interest on any loan secured by a mortgage or deed of...
  • California Civil Code Section 2924.7
    (a) The provisions of any deed of trust or mortgage on real property which authorize any beneficiary, trustee, mortgagee, or his or her agent or...
  • California Civil Code Section 2924.8
    (a) (1) Upon posting a notice of sale pursuant to Section 2924f, a trustee or authorized agent shall also post the following notice, in the...
  • California Civil Code Section 2924.85
    (a) Every landlord who offers for rent a single-family dwelling, or a multifamily dwelling not exceeding four units, and who has received a notice of...
  • California Civil Code Section 2924.9
    (a) Unless a borrower has previously exhausted the first lien loan modification process offered by, or through, his or her mortgage servicer described in Section...
  • California Civil Code Section 2924.10
    (a) When a borrower submits a complete first lien modification application or any document in connection with a first lien modification application, the mortgage servicer...
  • California Civil Code Section 2924.11
    (a) If a foreclosure prevention alternative is approved in writing prior to the recordation of a notice of default, a mortgage servicer, mortgagee, trustee, beneficiary,...
  • California Civil Code Section 2924.12
    (a) (1) If a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material...
  • California Civil Code Section 2924.15
    (a) Unless otherwise provided, paragraph (5) of subdivision (a) of Section 2924, and Sections 2923.5, 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 2924.11, and 2924.18 shall apply...
  • California Civil Code Section 2924.17
    (a) A declaration recorded pursuant to Section 2923.5 or, until January 1, 2018, pursuant to Section 2923.55, a notice of default, notice of sale, assignment...
  • California Civil Code Section 2924.18
    (a) (1) If a borrower submits a complete application for a first lien loan modification offered by, or through, the borrower's mortgage servicer, a mortgage...
  • California Civil Code Section 2924.19
    (a) (1) If a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material...
  • California Civil Code Section 2924.20
    Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.18, the Department of Corporations, the Department of Financial Institutions, and...
  • California Civil Code Section 2924.25
    (a) Unless acting in the capacity of a trustee, a licensed title company or underwritten title company shall not be liable for a violation of...
  • California Civil Code Section 2924.26
    (a) Unless acting in the capacity of a trustee, a licensed title company or underwritten title company shall not be liable for a violation of...
  • California Civil Code Section 2924a
    If, by the terms of any trust or deed of trust a power of sale is conferred upon the trustee, the attorney for the trustee,...
  • California Civil Code Section 2924b
    (a) Any person desiring a copy of any notice of default and of any notice of sale under any deed of trust or mortgage with...
  • California Civil Code Section 2924c
    (a) (1) Whenever all or a portion of the principal sum of any obligation secured by deed of trust or mortgage on real property or...
  • California Civil Code Section 2924d
    (a) Commencing with the date that the notice of sale is deposited in the mail, as provided in Section 2924b, and until the property is...
  • California Civil Code Section 2924e
    (a) The beneficiary or mortgagee of any deed of trust or mortgage on real property either containing one to four residential units or given to...
  • California Civil Code Section 2924f
    (a) As used in this section and Sections 2924g and 2924h, "property" means real property or a leasehold estate therein, and "calendar week" means Monday...
  • California Civil Code Section 2924g
    (a) All sales of property under the power of sale contained in any deed of trust or mortgage shall be held in the county where...
  • California Civil Code Section 2924h
    (a) Each and every bid made by a bidder at a trustee's sale under a power of sale contained in a deed of trust or...
  • California Civil Code Section 2924i
    (a) This section applies to loans secured by a deed of trust or mortgage on real property containing one to four residential units at least...
  • California Civil Code Section 2924j
    (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustee's deed resulting from a sale in which there...
  • California Civil Code Section 2924k
    (a) The trustee, or the clerk of the court upon order to the clerk pursuant to subdivision (d) of Section 2924j, shall distribute the proceeds,...
  • California Civil Code Section 2924l
    (a) In the event that a trustee under a deed of trust is named in an action or proceeding in which that deed of trust...
  • California Civil Code Section 2925
    The fact that a transfer was made subject to defeasance on a condition, may, for the purpose of showing such transfer to be a mortgage,...
  • California Civil Code Section 2926
    A mortgage is a lien upon everything that would pass by a grant of the property.
  • California Civil Code Section 2927
    A mortgage does not entitle the mortgagee to the possession of the property, unless authorized by the express terms of the mortgage; but after the...
  • California Civil Code Section 2928
    A mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security, unless there is an...
  • California Civil Code Section 2929
    No person whose interest is subject to the lien of a mortgage may do any act which will substantially impair the mortgagee's security.
  • California Civil Code Section 2929.3
    (a) (1) A legal owner shall maintain vacant residential property purchased by that owner at a foreclosure sale, or acquired by that owner through foreclosure...
  • California Civil Code Section 2929.4
    (a) Prior to imposing a fine or penalty for failure to maintain a vacant property that is subject to a notice of default, that is...
  • California Civil Code Section 2929.45
    (a) An assessment or lien to recover the costs of nuisance abatement measures taken by a governmental entity with regard to property that is subject...
  • California Civil Code Section 2929.5
    (a) A secured lender may enter and inspect the real property security for the purpose of determining the existence, location, nature, and magnitude of any...
  • California Civil Code Section 2930
    Section Twenty-nine Hundred and Thirty. Title acquired by the mortgagor subsequent to the execution of the mortgage, inures to the mortgagee as security for the...
  • California Civil Code Section 2931
    A mortgagee may foreclose the right of redemption of the mortgagor in the manner prescribed by the CODE OF CIVIL PROCEDURE.
  • California Civil Code Section 2931a
    In any action brought to determine conflicting claims to real property, or for partition of real property or an estate for years therein, or to...
  • California Civil Code Section 2931b
    In all actions in which the State of California is named a party pursuant to the provisions of Section 2931a and in which real property...
  • California Civil Code Section 2931c
    The Attorney General may bring an action in the courts of this or any other state or of the United States to enforce any lien...
  • California Civil Code Section 2932
    A power of sale may be conferred by a mortgage upon the mortgagee or any other person, to be exercised after a breach of the...
  • California Civil Code Section 2932.5
    Where a power to sell real property is given to a mortgagee, or other encumbrancer, in an instrument intended to secure the payment of money,...
  • California Civil Code Section 2932.6
    (a) Notwithstanding any other provision of law, a financial institution may undertake to repair any property acquired through foreclosure under a mortgage or deed of...
  • California Civil Code Section 2933
    A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged, or proved, certified, and recorded in like manner as powers of...
  • California Civil Code Section 2934
    Any assignment of a mortgage and any assignment of the beneficial interest under a deed of trust may be recorded, and from the time the...
  • California Civil Code Section 2934a
    (a) (1) The trustee under a trust deed upon real property or an estate for years therein given to secure an obligation to pay money...
  • California Civil Code Section 2934b
    Sections 15643 and 18102 of the Probate Code apply to trustees under deeds of trust given to secure obligations.
  • California Civil Code Section 2935
    When a mortgage or deed of trust is executed as security for money due or to become due, on a promissory note, bond, or other...
  • California Civil Code Section 2936
    The assignment of a debt secured by mortgage carries with it the security.
  • California Civil Code Section 2937
    (a) The Legislature hereby finds and declares that borrowers or subsequent obligors have the right to know when a person holding a promissory note, bond,...
  • California Civil Code Section 2937.7
    In any action affecting the interest of any trustor or beneficiary under a deed of trust or mortgage, service of process to the trustee does...
  • California Civil Code Section 2938
    (a) A written assignment of an interest in leases, rents, issues, or profits of real property made in connection with an obligation secured by real...
  • California Civil Code Section 2939
    A recorded mortgage must be discharged by a certificate signed by the mortgagee, his personal representatives or assigns, acknowledged or proved and certified as prescribed...
  • California Civil Code Section 2939.5
    Foreign executors, administrators and guardians may satisfy mortgages upon the records of any county in this state, upon producing and recording in the office of...
  • California Civil Code Section 2940
    A certificate of the discharge of a mortgage, and the proof or acknowledgment thereof, must be recorded in the office of the county recorder in...
  • California Civil Code Section 2941
    (a) Within 30 days after any mortgage has been satisfied, the mortgagee or the assignee of the mortgagee shall execute a certificate of the discharge...
  • California Civil Code Section 2941.1
    Notwithstanding any other provision of law, if no payoff demand statement is issued pursuant to Section 2943, nothing in Section 2941 shall be construed to...
  • California Civil Code Section 2941.5
    Every person who willfully violates Section 2941 is guilty of a misdemeanor punishable by fine of not less than fifty dollars ($50) nor more than...
  • California Civil Code Section 2941.7
    Whenever the obligation secured by a mortgage or deed of trust has been fully satisfied and the present mortgagee or beneficiary of record cannot be...
  • California Civil Code Section 2941.9
    (a) The purpose of this section is to establish a process through which all of the beneficiaries under a trust deed may agree to be...
  • California Civil Code Section 2942
    Contracts of bottomry or respondentia, although in the nature of mortgages, are not affected by any of the provisions of this Chapter.
  • California Civil Code Section 2943
    (a) As used in this section: (1) "Beneficiary" means a mortgagee or beneficiary of a mortgage or deed of trust, or his or her assignees....
  • California Civil Code Section 2944
    None of the provisions of this chapter applies to any transaction or security interest governed by the Commercial Code, except to the extent made applicable...
  • California Civil Code Section 2944.5
    No lender, mortgagee, or any third party having an interest in real or personal property shall refuse to accept a policy issued by an admitted...
  • California Civil Code Section 2944.6
    (a) Notwithstanding any other provision of law, any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage...
  • California Civil Code Section 2944.7
    (a) Notwithstanding any other provision of law, it shall be unlawful for any person who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise...
  • California Civil Code Section 2945
    (a) The Legislature finds and declares that homeowners whose residences are in foreclosure are subject to fraud, deception, harassment, and unfair dealing by foreclosure consultants...
  • California Civil Code Section 2945.1
    The following definitions apply to this chapter: (a) "Foreclosure consultant" means any person who makes any solicitation, representation, or offer to any owner to perform...
  • California Civil Code Section 2945.2
    (a) In addition to any other right under law to rescind a contract, an owner has the right to cancel such a contract until midnight...
  • California Civil Code Section 2945.3
    (a) Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant's services and the total amount and terms...
  • California Civil Code Section 2945.4
    It shall be a violation for a foreclosure consultant to: (a) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has...
  • California Civil Code Section 2945.45
    (a) Except as provided in subdivision (b) of Section 2945.1, a person shall not take any action specified in subdivision (a) of Section 2945.1 unless...
  • California Civil Code Section 2945.5
    Any waiver by an owner of the provisions of this article shall be deemed void and unenforceable as contrary to public policy. Any attempt by...
  • California Civil Code Section 2945.6
    (a) An owner may bring an action against a foreclosure consultant for any violation of this chapter. Judgment shall be entered for actual damages, reasonable...
  • California Civil Code Section 2945.7
    Any person who commits any violation described in Section 2945.4 shall be punished by a fine of not more than ten thousand dollars ($10,000), by...
  • California Civil Code Section 2945.8
    If any provision of this article or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the article...
  • California Civil Code Section 2945.9
    (a) A foreclosure consultant is liable for all damages resulting from any statement made or act committed by the foreclosure consultant's representative in any manner...
  • California Civil Code Section 2945.10
    (a) Any provision in a contract which attempts or purports to limit the liability of the foreclosure consultant under Section 2945.9 shall be void and...
  • California Civil Code Section 2945.11
    (a) Any representative, as defined in subdivision (b) of Section 2945.9, deemed to be the agent or employee or both the agent and the employee...
  • California Civil Code Section 2947
    Any interest in real property which is capable of being transferred may be mortgaged.
  • California Civil Code Section 2948
    A mortgage of real property may be made in substantially the following form: This mortgage, made the ____ day of ________, in the year ____,...
  • California Civil Code Section 2948.5
    (a) A borrower shall not be required to pay interest on a principal obligation under a promissory note secured by a mortgage or deed of...
  • California Civil Code Section 2949
    (a) No mortgage or deed of trust on real property containing only a single-family, owner-occupied dwelling may be declared in default, nor may the maturity...
  • California Civil Code Section 2950
    When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such...
  • California Civil Code Section 2952
    Mortgages and deeds of trust of real property may be acknowledged or proved, certified and recorded, in like manner and with like effect, as grants...
  • California Civil Code Section 2953
    Any express agreement made or entered into by a borrower at the time of or in connection with the making of or renewing of any...
  • California Civil Code Section 2953.1
    As used in this section: (a) "Real property security instrument" shall include any mortgage or trust deed or land contract in or on real property....
  • California Civil Code Section 2953.2
    Every real property security instrument which contains or has attached a subordination clause shall contain: (a) At the top of the real property security instrument...
  • California Civil Code Section 2953.3
    Every subordination agreement shall contain: (a) At the top of the subordination agreement there shall appear in at least 10-point bold type, or, if typewritten,...
  • California Civil Code Section 2953.4
    (a) Any subordination clause and any subordination agreement which is executed after the effective date of this act and which does not substantially comply with...
  • California Civil Code Section 2953.5
    (a) Sections 2953.1 through 2953.4 shall not apply to any subordination clause or subordination agreement which expressly states that the subordinating loan shall exceed twenty-five...
  • California Civil Code Section 2954
    (a) (1) No impound, trust, or other type of account for payment of taxes on the property, insurance premiums, or other purposes relating to the...
  • California Civil Code Section 2954.1
    No lender or person who purchases obligations secured by real property, or any agent of such lender or person, who maintains an impound, trust, or...
  • California Civil Code Section 2954.2
    (a) Every mortgagee of record of real property containing only a one- to four-family residence, when the mortgage is given to secure payment of the...
  • California Civil Code Section 2954.4
    (a) A charge that may be imposed for late payment of an installment due on a loan secured by a mortgage or a deed of...
  • California Civil Code Section 2954.5
    (a) Before the first default, delinquency, or late payment charge may be assessed by any lender on a delinquent payment of a loan, other than...
  • California Civil Code Section 2954.6
    (a) If private mortgage insurance or mortgage guaranty insurance, as defined in subdivision (a) of Section 12640.02 of the Insurance Code, is required as a...
  • California Civil Code Section 2954.65
    Within 30 days after notice of cancellation from the insured, a private mortgage insurer or mortgage guaranty insurer shall, if the policy is cancellable, refund...
  • California Civil Code Section 2954.7
    Except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to notes or evidence of indebtedness secured by a...
  • California Civil Code Section 2954.8
    (a) Every financial institution that makes loans upon the security of real property containing only a one- to four-family residence and located in this state...
  • California Civil Code Section 2954.9
    (a) (1) Except as otherwise provided by statute, where the original principal obligation is a loan for residential property of four units or less, the...
  • California Civil Code Section 2954.10
    An obligee which accelerates the maturity date of the principal and accrued interest, pursuant to contract, on any loan secured by a mortgage or deed...
  • California Civil Code Section 2954.11
    (a) As used in this section: (1) "Open-end credit plan" has the meaning set forth in Regulation Z of the Federal Reserve System (12 C.F.R....
  • California Civil Code Section 2954.12
    (a) Notwithstanding Section 2954.7, and except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to notes or evidence...
  • California Civil Code Section 2955
    (a) Money held by a mortgagee or a beneficiary of a deed of trust on real property in this state, or held by a vendor...
  • California Civil Code Section 2955.1
    (a) Any lender originating a loan secured by the borrower's separate interest in a condominium project, as defined in Section 4125 or 6542, which requires...
  • California Civil Code Section 2955.5
    (a) No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage...
  • California Civil Code Section 2956
    In a transaction for the purchase of a dwelling for not more than four families in which there is an arranger of credit, which purchase...
  • California Civil Code Section 2957
    The following definitions shall apply for the purposes of this article: (a) "Arranger of credit" means: (1) A person, other than a party to the...
  • California Civil Code Section 2958
    A disclosure is not required under this article, to a purchaser when that purchaser is entitled to receive, a disclosure pursuant to the Federal Truth-In-Lending...
  • California Civil Code Section 2959
    The disclosures required by this article shall be made as soon as practicable, but before execution of any note or security documents. If any disclosure...
  • California Civil Code Section 2960
    If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any act, occurrence, or agreement between the parties to...
  • California Civil Code Section 2961
    Every disclosure required by this article and every act which is to be performed in making that disclosure shall be made in good faith. For...
  • California Civil Code Section 2962
    Any disclosure made pursuant to this article may be amended in writing by the person making the disclosure, provided that any amendment shall be subject...
  • California Civil Code Section 2963
    The disclosures required to both purchaser and vendor by this article are: (a) An identification of the note or other credit documents or security documents...
  • California Civil Code Section 2964
    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 2965
    The validity of any credit document or of any security document subject to the provisions of this article shall not be invalidated solely because of...
  • California Civil Code Section 2966
    (a) In a transaction regulated by this article, which includes a balloon payment note when the term for repayment is for a period in excess...
  • California Civil Code Section 2967
    Any action arising under this article may be brought within two years from the date on which the liability arises, except that where any material...
  • California Civil Code Section 2970
    For purposes of this chapter "home equity loan" means any open end consumer credit plan in which a consensual security interest is created or retained...
  • California Civil Code Section 2971
    (a) At the time that a customer makes an initial application to a creditor for a home equity loan in person, or within three business...
  • California Civil Code Section 2981
    As used in this chapter, unless the context otherwise requires: (a) "Conditional sale contract" means: (1) A contract for the sale of a motor vehicle...
  • California Civil Code Section 2981.5
    A contract for the bailment or leasing of a motor vehicle, with or without accessories, which establishes the maximum for which a bailee or lessee...
  • California Civil Code Section 2981.7
    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 2981.8
    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 2981.9
    Every conditional sale contract subject to this chapter shall be in writing and, if printed, shall be printed in type no smaller than 6-point, and...
  • California Civil Code Section 2982
    A conditional sale contract subject to this chapter shall contain the disclosures required by Regulation Z, whether or not Regulation Z applies to the transaction....
  • California Civil Code Section 2982.1
    It shall be unlawful for any seller to induce or attempt to induce any person to enter into a contract subject to this chapter by...
  • California Civil Code Section 2982.2
    (a) Prior to the execution of a conditional sale contract, the seller shall provide to a buyer, and obtain the buyer's signature on, a written...
  • California Civil Code Section 2982.3
    (a) The holder of a conditional sale contract may, upon agreement with the buyer, extend the scheduled due date or defer the scheduled payment of...
  • California Civil Code Section 2982.5
    (a) This chapter may not be deemed to affect a loan, or the security therefor, between a purchaser of a motor vehicle and a supervised...
  • California Civil Code Section 2982.7
    (a) Any payment made by a buyer to a seller pending execution of a conditional sale contract shall be refunded to the buyer in the...
  • California Civil Code Section 2982.8
    (a) If a buyer is obligated under the terms of the conditional sale contract to maintain insurance on the vehicle and subsequent to the execution...
  • California Civil Code Section 2982.9
    In the event a buyer obligates himself to purchase, or receive possession of, a motor vehicle pursuant to a contract or purchase order, and the...
  • California Civil Code Section 2982.10
    (a) In consideration of the assignment of a conditional sale contract, the seller shall not receive or accept from the assignee any payment or credit...
  • California Civil Code Section 2982.11
    (a) Prior to the execution of a conditional sale contract that includes a charge for an electric vehicle charging station, the seller shall provide the...
  • California Civil Code Section 2983
    (a) Except as provided in subdivision (b), if the seller, except as the result of an accidental or bona fide error in computation, violates any...
  • California Civil Code Section 2983.1
    (a) If the seller or holder of a conditional sale contract, except as the result of an accidental or bona fide error of computation, violates...
  • California Civil Code Section 2983.2
    (a) Except where the motor vehicle has been seized as described in paragraph (6) of subdivision (b) of Section 2983.3, any provision in any conditional...
  • California Civil Code Section 2983.3
    (a) In the absence of default in the performance of any of the buyer's obligations under the contract, the seller or holder may not accelerate...
  • California Civil Code Section 2983.35
    (a) If a creditor has requested a cosigner as a condition of granting credit to any person for the purpose of acquisition of a motor...
  • California Civil Code Section 2983.37
    (a) After a sale of a vehicle under this chapter, a buy-here-pay-here dealer, as defined in Section 241 of the Vehicle Code, shall not do...
  • California Civil Code Section 2983.4
    Reasonable attorney's fees and costs shall be awarded to the prevailing party in any action on a contract or purchase order subject to the provisions...
  • California Civil Code Section 2983.5
    (a) An assignee of the seller's right is subject to all equities and defenses of the buyer against the seller, notwithstanding an agreement to the...
  • California Civil Code Section 2983.6
    Any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
  • California Civil Code Section 2983.7
    No conditional sale contract shall contain any provision by which: (a) The buyer agrees not to assert against the seller a claim or defense arising...
  • California Civil Code Section 2983.8
    Notwithstanding Section 2983.2 or any other provision of law, no deficiency judgment shall lie in any event in any of the following instances: (a) After...
  • California Civil Code Section 2984
    Any failure to comply with any provision of this chapter (commencing with Section 2981) may be corrected by the holder, provided, however, that a willful...
  • California Civil Code Section 2984.1
    Every conditional sale contract shall contain a statement in contrasting red print in at least 8-point bold type which shall satisfy the requirements of Section...
  • California Civil Code Section 2984.2
    (a) No conditional sale contract, and no agreement between a seller and a buyer made in connection with a conditional sale contract, may provide for...
  • California Civil Code Section 2984.3
    Any acknowledgment by the buyer of delivery of a copy of a conditional sale contract or purchase order and any vehicle purchase proposal and any...
  • California Civil Code Section 2984.4
    (a) An action on a contract or purchase order under this chapter shall be tried in the superior court in the county where the contract...
  • California Civil Code Section 2984.5
    (a) A seller shall maintain the following documents for at least seven years or the length of the conditional sales contract, whichever is longer: (1)...
  • California Civil Code Section 2984.6
    A holder of a conditional sales contract, purchase order, or security interest, or the agent of a holder, who has received a notice pursuant to...
  • California Civil Code Section 2985
    (a) A real property sales contract is an agreement in which one party agrees to convey title to real property to another party upon the...
  • California Civil Code Section 2985.1
    A real property sales contract may not be transferred by the fee owner of the real property unless accompanied by a transfer of the real...
  • California Civil Code Section 2985.2
    Any person, or the assignee of such person, who sells a parcel of land under a sales contract which is not recorded and who thereafter...
  • California Civil Code Section 2985.3
    Every seller of improved or unimproved real property under a real property sales contract, or his assignee, who knowingly receives an installment payment from the...
  • California Civil Code Section 2985.4
    Every seller of improved or unimproved real property under a real property sales contract who receives pro rata payments for insurance and taxes shall hold...
  • California Civil Code Section 2985.5
    Every real property sales contract entered into after January 1, 1966, shall contain a statement of: (a) The number of years required to complete payment...
  • California Civil Code Section 2985.51
    (a) Every real property sales contract entered into on and after January 1, 1978, where the real property that is the subject of such contract...
  • California Civil Code Section 2985.6
    (a) A buyer shall be entitled to prepay all or any part of the balance due on any real property sales contract with respect to...
  • California Civil Code Section 2985.7
    (a) "Motor vehicle" means any vehicle required to be registered under the Vehicle Code. Motor vehicle does not include any trailer which is sold in...
  • California Civil Code Section 2985.71
    (a) Any solicitation to enter into a lease contract that includes any of the following items shall contain the disclosures described in subdivision (b): (1)...
  • California Civil Code Section 2985.8
    (a) A lease contract shall be in writing, and the print portion of the contract shall be printed in at least 8-point type and shall...
  • California Civil Code Section 2985.9
    The following documents and agreements are not required to be contained in a lease contract: (a) An "express warranty," as that term is defined in...
  • California Civil Code Section 2986.3
    No lease contract shall contain any provision by which: (a) A power of attorney is given to confess judgment in this state, or an assignment...
  • California Civil Code Section 2986.4
    Any acknowledgment by the lessee of delivery of a copy of a lease contract or purchase order and any vehicle lease proposal and any credit...
  • California Civil Code Section 2986.5
    (a) No person shall lease a used motor vehicle for operation on California highways if such vehicle does not meet all of the equipment requirements...
  • California Civil Code Section 2986.6
    No agreement in connection with a lease contract which provides for the inclusion of title to or a lien upon any personal or real property,...
  • California Civil Code Section 2986.10
    (a) An assignee of the lessor's rights is subject to all equities and defenses of the lessee against the lessor, notwithstanding an agreement to the...
  • California Civil Code Section 2986.12
    It shall be unlawful for any lessor to induce or attempt to induce any person to enter into a contract subject to this chapter by...
  • California Civil Code Section 2986.13
    (a) Any payment made by a lessee to a lessor pending the execution of a lease contract shall be refunded to the lessee in the...
  • California Civil Code Section 2987
    (a) A lessee has the right to terminate a lease contract at any time prior to the scheduled expiration date specified in the lease contract....
  • California Civil Code Section 2988
    (a) The Legislature finds that it is necessary to provide some protection for consumers who enter into lease contracts in which the lessee will bear...
  • California Civil Code Section 2988.5
    (a) Except as otherwise provided by this section, any lessor who fails to comply with any requirement imposed under Section 2985.8 or 2988 for which...
  • California Civil Code Section 2988.7
    If the lessor fails to comply with Section 2985.8, as an alternative to an action under Section 2988.5, the lessee may rescind the contract if...
  • California Civil Code Section 2988.9
    Reasonable attorney's fees and costs shall be awarded to the prevailing party in any action on a lease contract subject to the provisions of this...
  • California Civil Code Section 2989
    No civil action shall be filed against a lessor under the authority of this chapter if a federal civil action has previously been filed based...
  • California Civil Code Section 2989.2
    Where the lessee is to bear the risk of the motor vehicle's depreciation upon the scheduled expiration of the lease contract, the following applies: (a)...
  • California Civil Code Section 2989.4
    (a) A lessor shall not: (1) Fail to register the leased vehicle pursuant to the lease contract. (2) Advertise any specific vehicle in the inventory...
  • California Civil Code Section 2989.5
    (a) Except as provided in subdivision (c), a lessor shall make available to investigators of the Department of Motor Vehicles, upon presentation of an affidavit...
  • California Civil Code Section 2989.6
    The Director of Motor Vehicles may adopt and enforce rules and regulations as may be necessary to carry out or implement the provisions of this...
  • California Civil Code Section 2989.8
    Any person who shall knowingly and willfully violate any provision of this chapter shall be guilty of a misdemeanor.
  • California Civil Code Section 2990
    This chapter shall not apply to any transaction which is regulated by Chapter 2b (commencing with Section 2981) of this title.
  • California Civil Code Section 2991
    Any prospective assignee that provides a lessor under a lease contract with any preprinted form for use as a lease contract shall, upon the request...
  • California Civil Code Section 2992
    A prospective assignee that provides a lessor under a lease contract with a preprinted form for use as a lease contract shall design the form...
  • California Civil Code Section 2993
    A holder of a lease contract, or the agent of a holder, who has received a notice pursuant to Section 7507.6 of the Business and...
  • California Civil Code Section 2995
    No real estate developer shall require as a condition precedent to the transfer of real property containing a single family residential dwelling that escrow services...
  • California Civil Code Section 3040
    (a) No lien asserted by a licensee of the Department of Managed Care or the Department of Insurance, and no lien of a medical group...
  • California Civil Code Section 3045.1
    Every person, partnership, association, corporation, public entity, or other institution or body maintaining a hospital licensed under the laws of this state which furnishes emergency...
  • California Civil Code Section 3045.2
    The lien shall apply whether the damages are recovered, or are to be recovered, by judgment, settlement, or compromise.
  • California Civil Code Section 3045.3
    A lien shall not be effective, however, unless a written notice containing the name and address of the injured person, the date of the accident,...
  • California Civil Code Section 3045.4
    Any person, firm, or corporation, including, but not limited to, an insurance carrier, making any payment to the injured person, or to his or her...
  • California Civil Code Section 3045.5
    The person, partnership, association, corporation or other institution or body maintaining the hospital may, at any time within one year after the date of the...
  • California Civil Code Section 3045.6
    The provisions of this chapter shall not apply to any claim or cause of action against a common carrier subject to the jurisdiction of the...
  • California Civil Code Section 3046
    One who sells real property has a vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise...
  • California Civil Code Section 3047
    Where a buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer...
  • California Civil Code Section 3048
    The liens defined in Sections 3046 and 3050 are valid against every one claiming under the debtor, except a purchaser or incumbrancer in good faith...
  • California Civil Code Section 3050
    One who pays to the owner any part of the price of real property, under an agreement for the sale thereof, has a special lien...
  • California Civil Code Section 3051
    Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor or skill, employed...
  • California Civil Code Section 3051a
    That portion of any lien, as provided for in the next preceding section, in excess of three hundred dollars ($300) for any work, services, or...
  • California Civil Code Section 3051.5
    (a) A carrier has a lien on freight in its possession for the total amount owed the carrier by the shipper for freightage, charges for...
  • California Civil Code Section 3051.6
    (a) Except as provided in subdivision (b), a carrier has a lien on freight in its possession for the total amount owed to the carrier...
  • California Civil Code Section 3052
    If the person entitled to the lien provided in Section 3051 is not paid the amount due, and for which such lien is given, within...
  • California Civil Code Section 3052a
    Every person, firm, or corporation, engaged in performing work upon any watch, clock or jewelry, for a price, shall have a lien upon the watch,...
  • California Civil Code Section 3052b
    (a) The procedure in this section shall be an alternative to the lien-sale procedure provided in Section 3052, but applies only to liens under Section...
  • California Civil Code Section 3052.5
    (a) Sections 3052 and 3052b shall not apply to any service dealer registered with the Bureau of Repair Services pursuant to Chapter 20 (commencing with...
  • California Civil Code Section 3053
    A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that...
  • California Civil Code Section 3054
    (a) A banker, or a savings and loan association, has a general lien, dependent on possession, upon all property in his or her hands belonging...
  • California Civil Code Section 3059
    The liens of mechanics, for materials and services upon real property, are regulated by Chapter 4 (commencing with Section 8400) of Title 2 of Part...
  • California Civil Code Section 3060
    (a) As used in this section, "mine" means a mining claim or real property worked on as a mine including, but not limited to, any...
  • California Civil Code Section 3061
    Every person performing work or labor in, with, about, or upon any barley crusher, threshing machine or engine, horsepower, wagon, or other appliance thereof, while...
  • California Civil Code Section 3061.5
    (a) Except as provided in subdivision (d), any person who as an employee shall, by his or her own labor, do or perform any work...
  • California Civil Code Section 3061.6
    (a) The lien created by Section 3061.5 shall continue in force for a period of 45 days from the time the person claiming such lien...
  • California Civil Code Section 3062
    Every owner or person having in charge any stallion, jack, or bull, used for propagating purposes, has a lien for the agreed price of its...
  • California Civil Code Section 3063
    Every claimant of a lien provided for in the preceding section must, within 90 days after the service on account of which the lien is...
  • California Civil Code Section 3064
    An action to enforce any lien created under Section 3062 may be brought in any county wherein any of the property subject thereto may be...
  • California Civil Code Section 3064.1
    Every person who wilfully advertises any cattle, horse, sheep, swine, or other domestic animal for purposes of copulation or profit as having a pedigree other...
  • California Civil Code Section 3065
    Any person who shall, by his own labor, or by using his livestock, machinery or appliances, or both, do or perform any work or render...
  • California Civil Code Section 3065a
    The lien created by the last preceding section shall continue in force for a period of 30 days from the time the person claiming such...
  • California Civil Code Section 3065b
    As used in the next preceding section the words "the time the person claiming such lien shall have ceased to do or perform the work...
  • California Civil Code Section 3065c
    Whenever any faller, bucker, or millhand has a lien pursuant to Section 3065 and has not been paid for his labor by the contractor employing...
  • California Civil Code Section 3066
    (a) Any garment, clothing, wearing apparel or household goods remaining in the possession of a person, firm, partnership or corporation, on which cleaning, pressing, glazing...
  • California Civil Code Section 3067
    Words used in this chapter which are defined in Division 1 of the Vehicle Code shall have the same meaning as in the Vehicle Code.
  • California Civil Code Section 3067.1
    All forms required pursuant to the provisions of this chapter shall be prescribed by the Department of Motor Vehicles. The language used in the notices...
  • California Civil Code Section 3067.2
    This chapter shall not apply to any manufactured home, as defined in Section 18007 of the Health and Safety Code, to any mobilehome, as defined...
  • California Civil Code Section 3068
    (a) Every person has a lien dependent upon possession for the compensation to which the person is legally entitled for making repairs or performing labor...
  • California Civil Code Section 3068.1
    (a) (1) Every person has a lien dependent upon possession for the compensation to which the person is legally entitled for towing, storage, or labor...
  • California Civil Code Section 3068.2
    (a) A tow truck operator who has a lien on a vehicle pursuant to Section 3068.1 has a deficiency claim against the registered owner of...
  • California Civil Code Section 3069
    Any lien provided for in this chapter for labor or materials, or for storage or safekeeping of a vehicle when abandoned on private property may...
  • California Civil Code Section 3070
    (a) Whenever the possessory lien upon any vehicle is lost through trick, fraud, or device, the repossession of the vehicle by the lienholder revives the...
  • California Civil Code Section 3071
    (a) A lienholder shall apply to the department for the issuance of an authorization to conduct a lien sale pursuant to this section for any...
  • California Civil Code Section 3071.5
    (a) A registered or legal owner of a vehicle in the possession of a person holding a lien under this chapter may release any interest...
  • California Civil Code Section 3072
    (a) For vehicles with a value determined to be four thousand dollars ($4,000) or less, the lienholder shall apply to the department for the names...
  • California Civil Code Section 3073
    The proceeds of a vehicle lien sale under this article shall be disposed of as follows: (a) The amount necessary to discharge the lien and...
  • California Civil Code Section 3074
    The lienholder may charge a fee for lien sale preparations not to exceed seventy dollars ($70) in the case of a vehicle having a value...
  • California Civil Code Section 3080
    As used in this chapter, the following definitions shall apply: (a) "Livestock" means any cattle, sheep, swine, goat, or horse, mule, or other equine. (b)...
  • California Civil Code Section 3080.01
    A livestock servicer shall have a general lien upon the livestock in its possession to secure the performance of all obligations of the owner of...
  • California Civil Code Section 3080.02
    In addition to any other rights and remedies provided by law, a lienholder may: (a) Retain possession of the livestock and charge the owner for...
  • California Civil Code Section 3080.03
    Upon the filing of the complaint, or at any time thereafter prior to judgment, the lienholder may apply to the court in which the action...
  • California Civil Code Section 3080.04
    The notice of application and hearing shall inform the defendant of all of the following: (a) The date, time and place of the hearing on...
  • California Civil Code Section 3080.05
    (a) If a defendant desires to oppose the issuance of an order authorizing sale the defendant shall file and serve upon the lienholder a notice...
  • California Civil Code Section 3080.06
    (a) At the hearing, the court shall consider the showing made by the parties and shall issue an order authorizing the sale of the livestock...
  • California Civil Code Section 3080.07
    (a) After hearing, the court may issue an order denying the lienholder's application if it finds that: (1) A sale is not necessary prior to...
  • California Civil Code Section 3080.08
    (a) The court's findings at the hearing shall be made upon the basis of the pleadings and other papers in the record. Upon cause shown,...
  • California Civil Code Section 3080.09
    (a) At any time after the lienholder has filed a complaint and claimed a lien under this chapter, or at any time after the owner...
  • California Civil Code Section 3080.10
    After hearing, the court may enter an order directing the lienholder to release all or a portion of the livestock to the owner, or to...
  • California Civil Code Section 3080.11
    The undertaking to be substituted for livestock shall be by the owner to pay to the lienholder an amount equal to the sum of (1)...
  • California Civil Code Section 3080.15
    (a) Except as otherwise provided by statute, or upon noticed hearing as provided in this chapter, no order authorizing sale or order for substitution of...
  • California Civil Code Section 3080.16
    (a) Except as otherwise specified by the order authorizing sale or as agreed to by the parties after the lien has arisen, a sale of...
  • California Civil Code Section 3080.17
    Except as otherwise agreed or specified by order of court, notice of sale shall be given as follows: (a) A notice in writing of the...
  • California Civil Code Section 3080.18
    (a) Any sale of which notice is delivered or mailed and published as provided in this chapter and which is held as provided in this...
  • California Civil Code Section 3080.19
    (a) A sale of livestock held pursuant to this chapter shall: (1) Transfer to a purchaser for value all of the owner's rights in the...
  • California Civil Code Section 3080.20
    (a) The owner of livestock or any other person claiming an interest in livestock may release its interest in the livestock at any time after...
  • California Civil Code Section 3080.21
    At any time after a lien has arisen, the lienholder may propose to retain any portion or all of the livestock in satisfaction of any...
  • California Civil Code Section 3080.22
    Any lien provided for in this chapter may be assigned by written instrument accompanied by delivery of possession of the livestock, subject to the lien,...
  • California Civil Code Section 3081
    Any corporation engaged in the business of renting to the public safe deposit boxes may dispose of the unclaimed contents of the safe deposit boxes...
  • California Civil Code Section 3268
    Except where it is otherwise declared, the provisions of the foregoing titles of this part, in respect to the rights and obligations of parties to...
  • California Civil Code Section 3269
    For purposes of this title, the following definitions apply: (a) "Year 2000 Problem" means any expected or actual computing, physical, enterprise, or distribution system complications...
  • California Civil Code Section 3270
    (a) Notwithstanding any other law, any person that discloses information regarding the Year 2000 Problem or any potential solutions to the problem, including, but not...
  • California Civil Code Section 3271
    (a) Section 3270 shall not apply if the claimant in an action described in that section establishes that the Year 2000 Problem information disclosure was...
  • California Civil Code Section 3272
    It is the intent of the Legislature to clearly define the legal standards that relate to the Year 2000 Problem and the extent to which...
  • California Civil Code Section 3272.1
    For purposes of this title, the following definitions shall apply: (a) "Year 2000 Problem" has the same meaning as that set forth in subdivision (a)...
  • California Civil Code Section 3272.2
    Except as provided by this title, no provision of state statute shall be construed to limit damages or liability, afford greater protection to defendants in...
  • California Civil Code Section 3272.3
    (a) Except as provided by this section, no state agency shall impose any civil fine on a small business for a violation of an administrative...
  • California Civil Code Section 3272.4
    Nothing in this title shall create a new cause of action, and except as otherwise explicitly provided in this title, nothing in this title shall...
  • California Civil Code Section 3272.7
    Nothing in this title shall supersede any provision of Title 17 (commencing with Section 3269) of the Civil Code and Title 1 (commencing with Section...
  • California Civil Code Section 3272.9
    This title shall become inoperative on July 1, 2001.

Division 4. General Provisions

Covers relief, debtor and creditor relations, nuisance, maxims of jurisprudence, common interest developments, automatic checkout systems, and works of improvement.

  • California Civil Code Section 3274
    As a general rule, compensation is the relief or remedy provided by the law of this State for the violation of private rights, and the...
  • California Civil Code Section 3275
    Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of...
  • California Civil Code Section 3281
    Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money,...
  • California Civil Code Section 3282
    Detriment is a loss or harm suffered in person or property.
  • California Civil Code Section 3283
    Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.
  • California Civil Code Section 3287
    (a) A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is...
  • California Civil Code Section 3288
    In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be...
  • California Civil Code Section 3289
    (a) Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a...
  • California Civil Code Section 3289.5
    For purposes of Section 3289, the rate of the contracted finance charge shall be the legal rate of interest stipulated by a retail installment contract...
  • California Civil Code Section 3290
    Accepting payment of the whole principal, as such, waives all claim to interest.
  • California Civil Code Section 3291
    In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person,...
  • California Civil Code Section 3294
    (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the...
  • California Civil Code Section 3295
    (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of...
  • California Civil Code Section 3296
    (a) Whenever a judgment for punitive damages is entered against an insurer or health care service plan licensed pursuant to Chapter 2.2 (commencing with Section...
  • California Civil Code Section 3300
    Section Thirty-three Hundred. For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is...
  • California Civil Code Section 3301
    No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin.
  • California Civil Code Section 3302
    The detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the...
  • California Civil Code Section 3304
    The detriment caused by the breach of a covenant of "seizin," of "right to convey," of "warranty," or of "quiet enjoyment," in a grant of...
  • California Civil Code Section 3305
    The detriment caused by the breach of a covenant against incumbrances in a grant of an estate in real property is deemed to be the...
  • California Civil Code Section 3306
    The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the...
  • California Civil Code Section 3306a
    The minimum detriment caused by the breach of an agreement to execute and deliver a quitclaim deed to real property is deemed to be the...
  • California Civil Code Section 3307
    The detriment caused by the breach of an agreement to purchase an estate in real property is deemed to be the excess, if any, of...
  • California Civil Code Section 3308
    The parties to any lease of real or personal property may agree therein that if the lease shall be terminated by the lessor by reason...
  • California Civil Code Section 3315
    The detriment caused by the breach of a carrier's obligation to accept freight, messages, or passengers, is deemed to be the difference between the amount...
  • California Civil Code Section 3316
    The detriment caused by the breach of a carrier's obligation to deliver freight, where he has not converted it to his own use, is deemed...
  • California Civil Code Section 3317
    The detriment caused by a carrier's delay in the delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight...
  • California Civil Code Section 3318
    The detriment caused by the breach of a warranty of an agent' s authority, is deemed to be the amount which could have been recovered...
  • California Civil Code Section 3319
    (a) In each written contract for private works of improvement entered into on or after January 1, 1996, the contracting party and the design professional...
  • California Civil Code Section 3320
    (a) In each contract for public works of improvement, entered into on or after January 1, 1996, the public agency shall pay to the prime...
  • California Civil Code Section 3321
    (a) In each contract for public works of improvement, a prime design professional shall pay to each subconsultant design professional the amount due him or...
  • California Civil Code Section 3322
    (a) (1) A broker of construction trucking services shall pay all transportation charges submitted by a motor carrier of property in dump truck equipment by...
  • California Civil Code Section 3333
    For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount...
  • California Civil Code Section 3333.1
    (a) In the event the defendant so elects, in an action for personal injury against a health care provider based upon professional negligence, he may...
  • California Civil Code Section 3333.2
    (a) In any action for injury against a health care provider based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses...
  • California Civil Code Section 3333.3
    In any action for damages based on negligence, a person may not recover any damages if the plaintiff's injuries were in any way proximately caused...
  • California Civil Code Section 3333.4
    (a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a...
  • California Civil Code Section 3333.5
    (a) Each pipeline corporation that qualifies as a public utility within Section 216 of the Public Utilities Code that transports any crude oil or fraction...
  • California Civil Code Section 3333.7
    (a) Notwithstanding any other provision of law, any person who suffers injury that is proximately caused by the driver of a commercial motor vehicle shall...
  • California Civil Code Section 3334
    (a) The detriment caused by the wrongful occupation of real property, in cases not embraced in Section 3335 of this code, the Eminent Domain Law...
  • California Civil Code Section 3335
    For willfully holding over real property, by a person who entered upon the same, as guardian or trustee for an infant, or by right of...
  • California Civil Code Section 3336
    The detriment caused by the wrongful conversion of personal property is presumed to be: First--The value of the property at the time of the conversion,...
  • California Civil Code Section 3336.5
    (a) (1) Any junk dealer or recycler who possesses a fire hydrant, fire department connection, including, but not limited to, brass fittings and parts, manhole...
  • California Civil Code Section 3337
    The presumption declared by the last section cannot be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent application...
  • California Civil Code Section 3338
    One having a mere lien on personal property, cannot recover greater damages for its conversion, from one having a right thereto superior to his, after...
  • California Civil Code Section 3339
    The Legislature finds and declares the following: (a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law,...
  • California Civil Code Section 3340
    For wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given.
  • California Civil Code Section 3341
    The owner, possessor, or harborer of any dog or other animal, that shall, on the premises of any person other than the owner, possessor, or...
  • California Civil Code Section 3342
    (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public...
  • California Civil Code Section 3342.5
    (a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to...
  • California Civil Code Section 3343
    (a) One defrauded in the purchase, sale or exchange of property is entitled to recover the difference between the actual value of that with which...
  • California Civil Code Section 3343.5
    (a) Any one or more of the following who suffers any damage proximately resulting from one or more acts of unlawful motor vehicle subleasing, as...
  • California Civil Code Section 3343.7
    An action may be brought against any nonprofit organization operated on a cooperative basis by and for independent retailers which wholesales goods and services primarily...
  • California Civil Code Section 3344
    (a) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for...
  • California Civil Code Section 3344.1
    (a) (1) Any person who uses a deceased personality's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods,...
  • California Civil Code Section 3344.5
    (a) Any person whose signature is used in violation of, and any candidate for elective office whose election or defeat is expressly advocated in any...
  • California Civil Code Section 3344.6
    (a) Any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement which violates subdivision (a) of Section 115.2 of...
  • California Civil Code Section 3345
    (a) This section shall apply only in actions brought by, on behalf of, or for the benefit of senior citizens or disabled persons, as those...
  • California Civil Code Section 3346
    (a) For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such...
  • California Civil Code Section 3353
    In estimating damages, the value of property to a seller thereof is deemed to be the price which he could have obtained therefor in the...
  • California Civil Code Section 3354
    In estimating damages, except as provided by Sections 3355 and 3356, the value of property, to a buyer or owner thereof, deprived of its possession,...
  • California Civil Code Section 3355
    Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its...
  • California Civil Code Section 3356
    Section Thirty-three Hundred and Fifty-six. For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that...
  • California Civil Code Section 3357
    The damages prescribed by this Chapter are exclusive of exemplary damages and interest, except where those are expressly mentioned.
  • California Civil Code Section 3358
    Except as expressly provided by statute, no person can recover a greater amount in damages for the breach of an obligation, than he could have...
  • California Civil Code Section 3359
    Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages,...
  • California Civil Code Section 3360
    When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages.
  • California Civil Code Section 3366
    Specific or preventive relief may be given as provided by the laws of this state.
  • California Civil Code Section 3367
    Specific relief is given: 1. By taking possession of a thing, and delivering it to a claimant; 2. By compelling a party himself to do...
  • California Civil Code Section 3368
    Preventive relief is given by prohibiting a party from doing that which ought not to be done.
  • California Civil Code Section 3369
    Neither specific nor preventive relief can be granted to enforce a penalty or forfeiture in any case, nor to enforce a penal law, except in...
  • California Civil Code Section 3372
    (a) Any person engaged in the business of advising others for compensation as to the advisability of purchasing, holding or selling property for investment and...
  • California Civil Code Section 3375
    A person entitled to specific real property, by reason either of a perfected title, or of a claim to title which ought to be perfected,...
  • California Civil Code Section 3379
    A person entitled to the immediate possession of specific personal property may recover the same in the manner provided by the CODE OF CIVIL PROCEDURE.
  • California Civil Code Section 3380
    Section Thirty-three Hundred and Eighty. Any person having the possession or control of a particular article of personal property, of which he is not the...
  • California Civil Code Section 3384
    Section Thirty-three Hundred and Eighty-four. Except as otherwise provided in this Article, the specific performance of an obligation may be compelled.
  • California Civil Code Section 3386
    Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if: (a) Specific performance would otherwise...
  • California Civil Code Section 3387
    It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation. In the case...
  • California Civil Code Section 3388
    A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the...
  • California Civil Code Section 3389
    A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach,...
  • California Civil Code Section 3390
    The following obligations cannot be specifically enforced: 1. An obligation to render personal service; 2. An obligation to employ another in personal service; 3. An...
  • California Civil Code Section 3391
    Specific performance cannot be enforced against a party to a contract in any of the following cases: 1. If he has not received an adequate...
  • California Civil Code Section 3392
    Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to...
  • California Civil Code Section 3394
    An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free...
  • California Civil Code Section 3395
    Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any...
  • California Civil Code Section 3399
    When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected,...
  • California Civil Code Section 3400
    For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.
  • California Civil Code Section 3401
    In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences,...
  • California Civil Code Section 3402
    A contract may be first revised and then specifically enforced.
  • California Civil Code Section 3412
    A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against...
  • California Civil Code Section 3413
    An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of...
  • California Civil Code Section 3414
    Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue.
  • California Civil Code Section 3415
    (a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to...
  • California Civil Code Section 3420
    Preventive relief is granted by injunction, provisional or final.
  • California Civil Code Section 3421
    Provisional injunctions are regulated by the CODE OF CIVIL PROCEDURE.
  • California Civil Code Section 3422
    Except where otherwise provided by this Title, a final injunction may be granted to prevent the breach of an obligation existing in favor of the...
  • California Civil Code Section 3423
    An injunction may not be granted: (a) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded,...
  • California Civil Code Section 3424
    (a) Upon notice and motion, the court may modify or dissolve a final injunction upon a showing that there has been a material change in...
  • California Civil Code Section 3425.1
    This title may be cited as the Uniform Single Publication Act.
  • California Civil Code Section 3425.2
    This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.
  • California Civil Code Section 3425.3
    No person shall have more than one cause of action for damages for libel or slander or invasion of privacy or any other tort founded...
  • California Civil Code Section 3425.4
    A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or...
  • California Civil Code Section 3425.5
    This title shall not be retroactive as to causes of action existing on its effective date.
  • California Civil Code Section 3426
    This title may be cited as the Uniform Trade Secrets Act.
  • California Civil Code Section 3426.1
    As used in this title, unless the context requires otherwise: (a) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a...
  • California Civil Code Section 3426.2
    (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to...
  • California Civil Code Section 3426.3
    (a) A complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation...
  • California Civil Code Section 3426.4
    If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful...
  • California Civil Code Section 3426.5
    In an action under this title, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective...
  • California Civil Code Section 3426.6
    An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been...
  • California Civil Code Section 3426.7
    (a) Except as otherwise expressly provided, this title does not supersede any statute relating to misappropriation of a trade secret, or any statute otherwise regulating...
  • California Civil Code Section 3426.8
    This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title...
  • California Civil Code Section 3426.9
    If any provision of this title or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or...
  • California Civil Code Section 3426.10
    This title does not apply to misappropriation occurring prior to January 1, 1985. If a continuing misappropriation otherwise covered by this title began before January...
  • California Civil Code Section 3426.11
    Notwithstanding subdivision (b) of Section 47, in any legislative or judicial proceeding, or in any other official proceeding authorized by law, or in the initiation...
  • California Civil Code Section 3427
    As used in this title: (a) "Aggrieved" means and refers to any of the following persons or entities: (1) A person physically present at a...
  • California Civil Code Section 3427.1
    It is unlawful, and constitutes the tort of commercial blockade for a person, alone or in concert with others, to intentionally prevent an individual from...
  • California Civil Code Section 3427.2
    A person or health care facility aggrieved by the actions prohibited by this title may seek civil damages from those who committed the prohibited acts...
  • California Civil Code Section 3427.3
    The court having jurisdiction over a civil proceeding under this title shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment...
  • California Civil Code Section 3427.4
    This title shall not be construed to impair any constitutionally protected activity or any activities protected by the labor laws of this state or the...
  • California Civil Code Section 3428
    (a) For services rendered on or after January 1, 2001, a health care service plan or managed care entity, as described in subdivision (f) of...
  • California Civil Code Section 3429
    A debtor, within the meaning of this Title, is one who, by reason of an existing obligation, is or may become liable to pay money...
  • California Civil Code Section 3430
    A creditor, within the meaning of this Title, is one in whose favor an obligation exists, by reason of which he is, or may become,...
  • California Civil Code Section 3431
    In the absence of fraud, every contract of a debtor is valid against all his creditors, existing or subsequent, who have not acquired a lien...
  • California Civil Code Section 3432
    A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference...
  • California Civil Code Section 3433
    Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in,...
  • California Civil Code Section 3434
    A lender who makes a loan of money, the proceeds of which are used or may be used by the borrower to finance the design,...
  • California Civil Code Section 3439
    This chapter may be cited as the Uniform Fraudulent Transfer Act.
  • California Civil Code Section 3439.01
    As used in this chapter the following definitions are applicable: (a) "Asset" means property of a debtor, but the term does not include, the following:...
  • California Civil Code Section 3439.02
    (a) A debtor is insolvent if, at fair valuations, the sum of the debtor's debts is greater than all of the debtor's assets. (b) A...
  • California Civil Code Section 3439.03
    Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is...
  • California Civil Code Section 3439.04
    (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the...
  • California Civil Code Section 3439.05
    A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the...
  • California Civil Code Section 3439.06
    For the purposes of this chapter: (a) A transfer is made: (1) With respect to an asset that is real property other than a fixture,...
  • California Civil Code Section 3439.07
    (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 3439.08, may obtain:...
  • California Civil Code Section 3439.08
    (a) A transfer or an obligation is not voidable under paragraph (1) of subdivision (a) of Section 3439.04, against a person who took in good...
  • California Civil Code Section 3439.09
    A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a)...
  • California Civil Code Section 3439.10
    Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and...
  • California Civil Code Section 3439.11
    This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter...
  • California Civil Code Section 3439.12
    This chapter, and the other changes in the law made by Chapter 383 of the Statutes of 1986, apply only to transfers made or obligations...
  • California Civil Code Section 3440
    (a) Except as otherwise provided in this chapter, every transfer of personal property made by a person having at the time the possession of the...
  • California Civil Code Section 3440.1
    This chapter does not apply to any of the following: (a) Things in action. (b) Ships or cargoes if either are at sea or in...
  • California Civil Code Section 3440.2
    Subject to Section 3440.3, a transfer of personal property shall not be void under Section 3440 as against a creditor of the transferor or as...
  • California Civil Code Section 3440.3
    A transfer of personal property, as to which the conditions set forth in subdivision (h) of Section 3440.1, Section 3440.2, or subdivision (b) of Section...
  • California Civil Code Section 3440.4
    This chapter does not affect the rights of a buyer for value in good faith who purchases the transferred personal property from the transferee or...
  • California Civil Code Section 3440.5
    (a) This chapter does not affect the rights of a secured party who, for value and in good faith, acquires a security interest in the...
  • California Civil Code Section 3440.6
    No action shall be brought or levy made under this chapter more than one year after the earliest of the following dates: (a) The date...
  • California Civil Code Section 3440.9
    Subdivision (2) of Section 2402 and subdivision (a) of Section 10308 of the Commercial Code are not restricted by the provisions of this chapter.
  • California Civil Code Section 3445
    As used in this chapter: (a) "Transfer" means "transfer" as defined in Section 3439.01. (b) "Creditor" means "creditor" as defined in Section 3439.01. (c) "Transferee"...
  • California Civil Code Section 3446
    (a) In an action by a creditor for relief against a transfer or obligation under Chapter 1 (commencing with Section 3439) of Title 2 of...
  • California Civil Code Section 3447
    The undertaking shall be conditioned that, if it is determined in the action that the transfer or obligation was fraudulent as to the creditor, the...
  • California Civil Code Section 3448
    The undertaking shall be in the lesser of the following amounts: (a) Double the value of the property or obligation. (b) Double the amount of...
  • California Civil Code Section 3449
    The undertaking becomes effective 10 days after service of the undertaking on the creditor.
  • California Civil Code Section 3479
    Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses,...
  • California Civil Code Section 3480
    Section Thirty-four Hundred and Eighty. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number...
  • California Civil Code Section 3481
    Every nuisance not included in the definition of the last section is private.
  • California Civil Code Section 3482
    Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.
  • California Civil Code Section 3482.1
    (a) As used in this section: (1) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity. (2) "Sport shooting range" or "range"...
  • California Civil Code Section 3482.5
    (a) (1) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and...
  • California Civil Code Section 3482.6
    (a) No agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted...
  • California Civil Code Section 3482.8
    Any building or property used for the purpose of willfully conducting dogfighting in violation of Section 597.5 of the Penal Code or cockfighting in violation...
  • California Civil Code Section 3483
    Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner,...
  • California Civil Code Section 3484
    The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
  • California Civil Code Section 3486
    (a) To abate the nuisance caused by illegal conduct involving a controlled substance purpose on real property, the city prosecutor or city attorney may file,...
  • California Civil Code Section 3490
    No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
  • California Civil Code Section 3491
    The remedies against a public nuisance are: 1. Indictment or information; 2. A civil action; or, 3. Abatement.
  • California Civil Code Section 3492
    The remedy by indictment or information is regulated by the Penal Code.
  • California Civil Code Section 3493
    A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.
  • California Civil Code Section 3494
    A public nuisance may be abated by any public body or officer authorized thereto by law.
  • California Civil Code Section 3495
    Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same,...
  • California Civil Code Section 3496
    In any of the following described cases, the court may award costs, including the costs of investigation and discovery, and reasonable attorney's fees, which are...
  • California Civil Code Section 3501
    The remedies against a private nuisance are: 1. A civil action; or, 2. Abatement.
  • California Civil Code Section 3502
    A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a...
  • California Civil Code Section 3503
    Where a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his land, reasonable notice must be...
  • California Civil Code Section 3504
    As used in this title: (a) "Animal" means any amphibian, bird, mammal or reptile. It does not include any fish or insect. (b) "Motion picture"...
  • California Civil Code Section 3505
    (a) The exhibition of any motion picture, if any intentional killing of, or cruelty to, a human being or an animal is shown in the...
  • California Civil Code Section 3506
    Whenever there is reasonable cause to believe that a nuisance as defined in this title is kept, maintained or is in existence in any county,...
  • California Civil Code Section 3507
    Whenever an action is initiated under this title to abate an alleged nuisance, an adversary trial on the merits shall be held pursuant to Section...
  • California Civil Code Section 3507.1
    In actions brought under this title, the motion picture shall be admissible into evidence. The burden of proof that the exhibition of the particular motion...
  • California Civil Code Section 3507.2
    Actions brought under this title shall be brought as promptly as possible. Such actions shall have precedence over all actions, excepting criminal proceedings and election...
  • California Civil Code Section 3507.3
    Any violation or disobedience of an injunction or order expressly provided for by this title is punishable as a contempt of court by a fine...
  • California Civil Code Section 3507.4
    The distributor who furnished a motion picture to a person who is made a defendant in an action under this title, and the producer of...
  • California Civil Code Section 3508
    (a) This title shall not apply to any of the following: (1) The exhibition of any motion picture, such as a newsreel or documentary, involving...
  • California Civil Code Section 3508.1
    Any producer who willfully misstates or causes to be misstated any fact contained in a statement under paragraph (6) or (7) of Section 3508 is...
  • California Civil Code Section 3508.2
    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 3509
    The maxims of jurisprudence hereinafter set forth are intended not to qualify any of the foregoing provisions of this code, but to aid in their...
  • California Civil Code Section 3510
    When the reason of a rule ceases, so should the rule itself.
  • California Civil Code Section 3511
    Where the reason is the same, the rule should be the same.
  • California Civil Code Section 3512
    One must not change his purpose to the injury of another.
  • California Civil Code Section 3513
    Any one may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened...
  • California Civil Code Section 3514
    One must so use his own rights as not to infringe upon the rights of another.
  • California Civil Code Section 3515
    He who consents to an act is not wronged by it.
  • California Civil Code Section 3516
    Acquiescence in error takes away the right of objecting to it.
  • California Civil Code Section 3517
    No one can take advantage of his own wrong.
  • California Civil Code Section 3518
    He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.
  • California Civil Code Section 3519
    He who can and does not forbid that which is done on his behalf, is deemed to have bidden it.
  • California Civil Code Section 3520
    No one should suffer by the act of another.
  • California Civil Code Section 3521
    He who takes the benefit must bear the burden.
  • California Civil Code Section 3522
    One who grants a thing is presumed to grant also whatever is essential to its use.
  • California Civil Code Section 3523
    For every wrong there is a remedy.
  • California Civil Code Section 3524
    Between those who are equally in the right, or equally in the wrong, the law does not interpose.
  • California Civil Code Section 3525
    Between rights otherwise equal, the earliest is preferred.
  • California Civil Code Section 3526
    No man is responsible for that which no man can control.
  • California Civil Code Section 3527
    The law helps the vigilant, before those who sleep on their rights.
  • California Civil Code Section 3528
    The law respects form less than substance.
  • California Civil Code Section 3529
    That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance...
  • California Civil Code Section 3530
    That which does not appear to exist is to be regarded as if it did not exist.
  • California Civil Code Section 3531
    The law never requires impossibilities.
  • California Civil Code Section 3532
    The law neither does nor requires idle acts.
  • California Civil Code Section 3533
    The law disregards trifles.
  • California Civil Code Section 3534
    Particular expressions qualify those which are general.
  • California Civil Code Section 3535
    Contemporaneous exposition is in general the best.
  • California Civil Code Section 3536
    The greater contains the less.
  • California Civil Code Section 3537
    Superfluity does not vitiate.
  • California Civil Code Section 3538
    That is certain which can be made certain.
  • California Civil Code Section 3539
    Time does not confirm a void act.
  • California Civil Code Section 3540
    The incident follows the principal, and not the principal the incident.
  • California Civil Code Section 3541
    An interpretation which gives effect is preferred to one which makes void.
  • California Civil Code Section 3542
    Interpretation must be reasonable.
  • California Civil Code Section 3543
    Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.
  • California Civil Code Section 3545
    Private transactions are fair and regular.
  • California Civil Code Section 3546
    Things happen according to the ordinary course of nature and the ordinary habits of life.
  • California Civil Code Section 3547
    A thing continues to exist as long as is usual with things of that nature.
  • California Civil Code Section 3548
    The law has been obeyed.
  • California Civil Code Section 4000
    This part shall be known and may be cited as the Davis-Stirling Common Interest Development Act. In a provision of this part, the part may...
  • California Civil Code Section 4005
    Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.
  • California Civil Code Section 4010
    Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the...
  • California Civil Code Section 4020
    Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner...
  • California Civil Code Section 4035
    (a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated...
  • California Civil Code Section 4040
    (a) If a provision of this act requires that an association deliver a document by "individual delivery" or "individual notice," the document shall be delivered...
  • California Civil Code Section 4045
    (a) If a provision of this act requires "general delivery" or "general notice," the document shall be provided by one or more of the following...
  • California Civil Code Section 4050
    (a) This section governs the delivery of a document pursuant to this act. (b) If a document is delivered by mail, delivery is deemed to...
  • California Civil Code Section 4055
    If the association or a member has consented to receive information by electronic delivery, and a provision of this act requires that the information be...
  • California Civil Code Section 4065
    If a provision of this act requires that an action be approved by a majority of all members, the action shall be approved or ratified...
  • California Civil Code Section 4070
    If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be...
  • California Civil Code Section 4075
    The definitions in this article govern the construction of this act.
  • California Civil Code Section 4076
    "Annual budget report" means the report described in Section 5300.
  • California Civil Code Section 4078
    "Annual policy statement" means the statement described in Section 5310.
  • California Civil Code Section 4080
    "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
  • California Civil Code Section 4085
    "Board" means the board of directors of the association.
  • California Civil Code Section 4090
    "Board meeting" means either of the following: (a) A congregation, at the same time and place, of a sufficient number of directors to establish a...
  • California Civil Code Section 4095
    (a) "Common area" means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a...
  • California Civil Code Section 4100
    "Common interest development" means any of the following: (a) A community apartment project. (b) A condominium project. (c) A planned development. (d) A stock cooperative.
  • California Civil Code Section 4105
    "Community apartment project" means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located
  • California Civil Code Section 4110
    (a) "Community service organization or similar entity" means a nonprofit entity, other than an association, that is organized to provide services to residents of the...
  • California Civil Code Section 4120
    "Condominium plan" means a plan described in Section 4285.
  • California Civil Code Section 4125
    (a) A "condominium project" means a real property development consisting of condominiums. (b) A condominium consists of an undivided interest in common in a portion...
  • California Civil Code Section 4130
    "Declarant" means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of...
  • California Civil Code Section 4135
    "Declaration" means the document, however denominated, that contains the information required by Sections 4250 and 4255.
  • California Civil Code Section 4140
    "Director" means a natural person who serves on the board.
  • California Civil Code Section 4145
    (a) "Exclusive use common area" means a portion of the common area designated by the declaration for the exclusive use of one or more, but...
  • California Civil Code Section 4148
    "General notice" means the delivery of a document pursuant to Section 4045.
  • California Civil Code Section 4150
    "Governing documents" means the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation...
  • California Civil Code Section 4153
    "Individual notice" means the delivery of a document pursuant to Section 4040.
  • California Civil Code Section 4155
    "Item of business" means any action within the authority of the board, except those actions that the board has validly delegated to any other person...
  • California Civil Code Section 4158
    (a) A "managing agent" is a person who, for compensation or in expectation of compensation, exercises control over the assets of a common interest development....
  • California Civil Code Section 4160
    "Member" means an owner of a separate interest.
  • California Civil Code Section 4170
    "Person" means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.
  • California Civil Code Section 4175
    "Planned development" means a real property development other than a community apartment project, a condominium project, or a stock cooperative, having either or both of...
  • California Civil Code Section 4177
    "Reserve accounts" means both of the following: (a) Moneys that the board has identified for use to defray the future repair or replacement of, or...
  • California Civil Code Section 4178
    "Reserve account requirements" means the estimated funds that the board has determined are required to be available at a specified point in time to repair,...
  • California Civil Code Section 4185
    (a) "Separate interest" has the following meanings: (1) In a community apartment project, "separate interest" means the exclusive right to occupy an apartment, as specified...
  • California Civil Code Section 4190
    (a) "Stock cooperative" means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in...
  • California Civil Code Section 4200
    This act 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 4201
    Nothing in this act may be construed to apply to a real property development that does not contain common area. This section is declaratory of...
  • California Civil Code Section 4202
    This part does not apply to a commercial or industrial common interest development, as defined in Section 6531.
  • California Civil Code Section 4205
    (a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict...
  • California Civil Code Section 4210
    In order to facilitate the collection of regular assessments, special assessments, transfer fees as authorized by Sections 4530, 4575, and 4580, and similar charges, the...
  • California Civil Code Section 4215
    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 4220
    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 4225
    (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 4230
    (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated...
  • California Civil Code Section 4235
    (a) Notwithstanding any other provision of law or provision of the governing documents, if the governing documents include a reference to a provision of the...
  • California Civil Code Section 4250
    (a) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the...
  • California Civil Code Section 4255
    (a) If a common interest development is located within an airport influence area, a declaration, recorded after January 1, 2004, shall contain the following statement:...
  • California Civil Code Section 4260
    Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that...
  • California Civil Code Section 4265
    (a) The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the...
  • California Civil Code Section 4270
    (a) A declaration may be amended pursuant to the declaration or this act. Except as provided in Section 4275, an amendment is effective after all...
  • California Civil Code Section 4275
    (a) If in order to amend a declaration, the declaration requires members having more than 50 percent of the votes in the association, in a...
  • California Civil Code Section 4280
    (a) The articles of incorporation of an association filed with the Secretary of State shall include a statement, which shall be in addition to the...
  • California Civil Code Section 4285
    A condominium plan shall contain all of the following: (a) A description or survey map of a condominium project, which shall refer to or show...
  • California Civil Code Section 4290
    (a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 4285 shall be signed and acknowledged...
  • California Civil Code Section 4295
    A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time...
  • California Civil Code Section 4340
    For the purposes of this article: (a) "Operating rule" means a regulation adopted by the board that applies generally to the management and operation of...
  • California Civil Code Section 4350
    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 4355
    (a) Sections 4360 and 4365 only apply to an operating rule that relates to one or more of the following subjects: (1) Use of the...
  • California Civil Code Section 4360
    (a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 30 days before making the rule change....
  • California Civil Code Section 4365
    (a) Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a...
  • California Civil Code Section 4370
    (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 4500
    Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of...
  • California Civil Code Section 4505
    Unless the declaration otherwise provides: (a) In a community apartment project and condominium project, and in those planned developments with common area owned in common...
  • California Civil Code Section 4510
    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 4525
    (a) The owner of a separate interest shall provide the following documents to a prospective purchaser of the separate interest, as soon as practicable before...
  • California Civil Code Section 4528
    The form for billing disclosures required by Section 4530 shall be in at least 10-point type and substantially the following form: CHARGES FOR DOCUMENTS PROVIDED...
  • California Civil Code Section 4530
    (a) (1) Upon written request, the association shall, within 10 days of the mailing or delivery of the request, provide the owner of a separate...
  • California Civil Code Section 4535
    In addition to the requirements of this article, an owner transferring title to a separate interest shall comply with applicable requirements of Sections 1133 and
  • California Civil Code Section 4540
    Any person who willfully violates this article is liable to the purchaser of a separate interest that is subject to this section for actual damages...
  • California Civil Code Section 4545
    Nothing in this article affects the validity of title to real property transferred in violation of this article.
  • California Civil Code Section 4575
    Except as provided in Section 4580, neither an association nor a community service organization or similar entity may impose or collect any assessment, penalty, or...
  • California Civil Code Section 4580
    The prohibition in Section 4575 does not apply to a community service organization or similar entity, or to a nonprofit entity that provides services to...
  • California Civil Code Section 4600
    (a) Unless the governing documents specify a different percentage, the affirmative vote of members owning at least 67 percent of the separate interests in the...
  • California Civil Code Section 4605
    (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of Section 4600 by the association,...
  • California Civil Code Section 4610
    (a) Except as provided in this section, the common area in a condominium project shall remain undivided, and there shall be no judicial partition thereof....
  • California Civil Code Section 4615
    (a) In a condominium project, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in...
  • California Civil Code Section 4625
    In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the...
  • California Civil Code Section 4630
    In a condominium project the common area is not subject to partition, except as provided in Section 4610. Any conveyance, judicial sale, or other voluntary...
  • California Civil Code Section 4635
    In a planned development, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common...
  • California Civil Code Section 4640
    In a stock cooperative, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the ownership interest in the corporation,...
  • California Civil Code Section 4645
    Nothing in this article prohibits the transfer of exclusive use areas, independent of any other interest in a common interest subdivision, if authorization to separately...
  • California Civil Code Section 4650
    Any restrictions upon the severability of the component interests in real property which are contained in the declaration shall not be deemed conditions repugnant to...
  • California Civil Code Section 4700
    This article includes provisions that limit the authority of an association or the governing documents to regulate the use of a member's separate interest. Nothing...
  • California Civil Code Section 4705
    (a) Except as required for the protection of the public health or safety, no governing document shall limit or prohibit, or be construed to limit...
  • California Civil Code Section 4710
    (a) The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member's separate interest, except...
  • California Civil Code Section 4715
    (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 4720
    (a) No association may require a homeowner to install or repair a roof in a manner that is in violation of Section 13132.7 of the...
  • California Civil Code Section 4725
    (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 4730
    (a) Any provision of a governing document that arbitrarily or unreasonably restricts an owner's ability to market the owner's interest in a common interest development...
  • California Civil Code Section 4735
    (a) Notwithstanding any other law, a provision of the governing documents shall be void and unenforceable if it does any of the following: (1) Prohibits,...
  • California Civil Code Section 4740
    (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an...
  • California Civil Code Section 4745
    (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in...
  • California Civil Code Section 4760
    (a) Subject to the governing documents and applicable law, a member may do the following: (1) Make any improvement or alteration within the boundaries of...
  • California Civil Code Section 4765
    (a) This section applies if the governing documents require association approval before a member may make a physical change to the member's separate interest or...
  • California Civil Code Section 4775
    (a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common area, other...
  • California Civil Code Section 4780
    (a) In a community apartment project, condominium project, or stock cooperative, unless otherwise provided in the declaration, the association is responsible for the repair and...
  • California Civil Code Section 4785
    (a) The association may cause the temporary, summary removal of any occupant of a common interest development for such periods and at such times as...
  • California Civil Code Section 4790
    Notwithstanding the provisions of the declaration, a member is entitled to reasonable access to the common area for the purpose of maintaining the internal and...
  • California Civil Code Section 4800
    A common interest development shall be managed by an association that may be incorporated or unincorporated. The association may be referred to as an owners'...
  • California Civil Code Section 4805
    (a) Unless the governing documents provide otherwise, and regardless of whether the association is incorporated or unincorporated, the association may exercise the powers granted to...
  • California Civil Code Section 4820
    Whenever two or more associations have consolidated any of their functions under a joint neighborhood association or similar organization, members of each participating association shall...
  • California Civil Code Section 4900
    This article shall be known and may be cited as the Common Interest Development Open Meeting Act.
  • California Civil Code Section 4910
    (a) The board shall not take action on any item of business outside of a board meeting. (b) (1) Notwithstanding Section 7211 of the Corporations...
  • California Civil Code Section 4920
    (a) Except as provided in subdivision (b), the association shall give notice of the time and place of a board meeting at least four days...
  • California Civil Code Section 4923
    An emergency board meeting may be called by the president of the association, or by any two directors other than the president, if there are...
  • California Civil Code Section 4925
    (a) Any member may attend board meetings, except when the board adjourns to, or meets solely in, executive session. As specified in subdivision (b) of...
  • California Civil Code Section 4930
    (a) Except as described in subdivisions (b) to (e), inclusive, the board may not discuss or take action on any item at a nonemergency meeting...
  • California Civil Code Section 4935
    (a) The board may adjourn to, or meet solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties,...
  • California Civil Code Section 4950
    (a) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any board meeting, other...
  • California Civil Code Section 4955
    (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association,...
  • California Civil Code Section 5000
    (a) Meetings of the membership of the association shall be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary procedures the...
  • California Civil Code Section 5100
    (a) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to...
  • California Civil Code Section 5105
    (a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all...
  • California Civil Code Section 5110
    (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one...
  • California Civil Code Section 5115
    (a) Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to...
  • California Civil Code Section 5120
    (a) All votes shall be counted and tabulated by the inspector or inspectors of elections, or the designee of the inspector of elections, in public...
  • California Civil Code Section 5125
    The sealed ballots at all times shall be in the custody of the inspector or inspectors of elections or at a location designated by the...
  • California Civil Code Section 5130
    (a) For purposes of this article, the following definitions shall apply: (1) "Proxy" means a written authorization signed by a member or the authorized representative...
  • California Civil Code Section 5135
    (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 5145
    (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association,...
  • California Civil Code Section 5200
    For the purposes of this article, the following definitions shall apply: (a) "Association records" means all of the following: (1) Any financial document required to...
  • California Civil Code Section 5205
    (a) The association shall make available association records for the time periods and within the timeframes provided in Section 5210 for inspection and copying by...
  • California Civil Code Section 5210
    (a) Association records are subject to member inspection for the following time periods: (1) For the current fiscal year and for each of the previous...
  • California Civil Code Section 5215
    (a) Except as provided in subdivision (b), the association may withhold or redact information from the association records if any of the following are true:...
  • California Civil Code Section 5220
    A member of the association may opt out of the sharing of that member's name, property address, and mailing address by notifying the association in...
  • California Civil Code Section 5225
    A member requesting the membership list shall state the purpose for which the list is requested which purpose shall be reasonably related to the requester's...
  • California Civil Code Section 5230
    (a) The association records, and any information from them, may not be sold, used for a commercial purpose, or used for any other purpose not...
  • California Civil Code Section 5235
    (a) A member may bring an action to enforce that member's right to inspect and copy the association records. If a court finds that the...
  • California Civil Code Section 5240
    (a) As applied to an association and its members, the provisions of this article are intended to supersede the provisions of Sections 8330 and 8333...
  • California Civil Code Section 5260
    To be effective, any of the following requests shall be delivered in writing to the association, pursuant to Section 4035: (a) A request to change...
  • California Civil Code Section 5300
    (a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of...
  • California Civil Code Section 5305
    Unless the governing documents impose more stringent standards, a review of the financial statement of the association shall be prepared in accordance with generally accepted...
  • California Civil Code Section 5310
    (a) Within 30 to 90 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members...
  • California Civil Code Section 5320
    (a) When a report is prepared pursuant to Section 5300 or 5310, the association shall deliver one of the following documents to all members, by...
  • California Civil Code Section 5350
    (a) Notwithstanding any other law, and regardless of whether an association is incorporated or unincorporated, the provisions of Sections 7233 and 7234 of the Corporations...
  • California Civil Code Section 5375
    A prospective managing agent of a common interest development shall provide a written statement to the board as soon as practicable, but in no event...
  • California Civil Code Section 5380
    (a) A managing agent of a common interest development who accepts or receives funds belonging to the association shall deposit those funds that are not...
  • California Civil Code Section 5385
    For the purposes of this article, "managing agent" does not include a full-time employee of the association.
  • California Civil Code Section 5400
    To the extent existing funds are available, the Department of Consumer Affairs and the Bureau of Real Estate shall develop an online education course for...
  • California Civil Code Section 5405
    (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 5500
    Unless the governing documents impose more stringent standards, the board shall do all of the following: (a) Review a current reconciliation of the association's operating...
  • California Civil Code Section 5510
    (a) The signatures of at least two persons, who shall be directors, or one officer who is not a director and one who is a...
  • California Civil Code Section 5515
    (a) Notwithstanding Section 5510, the board may authorize the temporary transfer of moneys from a reserve fund to the association' s general operating fund to...
  • California Civil Code Section 5520
    (a) When the decision is made to use reserve funds or to temporarily transfer moneys from the reserve fund to pay for litigation pursuant to...
  • California Civil Code Section 5550
    (a) At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the accessible areas...
  • California Civil Code Section 5560
    (a) The reserve funding plan required by Section 5550 shall include a schedule of the date and amount of any change in regular or special...
  • California Civil Code Section 5565
    The summary of the association's reserves required by paragraph (2) of subdivision (b) of Section 5300 shall be based on the most recent review or...
  • California Civil Code Section 5570
    (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 5580
    (a) Unless the governing documents impose more stringent standards, any community service organization whose funding from the association or its members exceeds 10 percent of...
  • California Civil Code Section 5600
    (a) Except as provided in Section 5605, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and...
  • California Civil Code Section 5605
    (a) Annual increases in regular assessments for any fiscal year shall not be imposed unless the board has complied with paragraphs (1), (2), (4), (5),...
  • California Civil Code Section 5610
    Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following:...
  • California Civil Code Section 5615
    The association shall provide individual notice pursuant to Section 4040 to the members of any increase in the regular or special assessments of the association,...
  • California Civil Code Section 5620
    (a) Regular assessments imposed or collected to perform the obligations of an association under the governing documents or this act shall be exempt from execution...
  • California Civil Code Section 5625
    (a) Except as provided in subdivision (b), notwithstanding any provision of this act or the governing documents to the contrary, an association shall not levy...
  • California Civil Code Section 5650
    (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 5655
    (a) Any payments made by the owner of a separate interest toward a debt described in subdivision (a) of Section 5650 shall first be applied...
  • California Civil Code Section 5658
    (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 5660
    At least 30 days prior to recording a lien upon the separate interest of the owner of record to collect a debt that is past...
  • California Civil Code Section 5665
    (a) An owner, other than an owner of any interest that is described in Section 11212 of the Business and Professions Code that is not...
  • California Civil Code Section 5670
    Prior to recording a lien for delinquent assessments, an association shall offer the owner and, if so requested by the owner, participate in dispute resolution...
  • California Civil Code Section 5673
    For liens recorded on or after January 1, 2006, the decision to record a lien for delinquent assessments shall be made only by the board...
  • California Civil Code Section 5675
    (a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with subdivision (b) of Section 5650, shall...
  • California Civil Code Section 5680
    A lien created pursuant to Section 5675 shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except that the...
  • California Civil Code Section 5685
    (a) Within 21 days of the payment of the sums specified in the notice of delinquent assessment, the association shall record or cause to be...
  • California Civil Code Section 5690
    An association that fails to comply with the procedures set forth in this article shall, prior to recording a lien, recommence the required notice process....
  • California Civil Code Section 5700
    (a) Except as otherwise provided in this article, after the expiration of 30 days following the recording of a lien created pursuant to Section 5675,...
  • California Civil Code Section 5705
    (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 5710
    (a) Any sale by the trustee shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale...
  • California Civil Code Section 5715
    (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 5720
    (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 5725
    (a) A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of...
  • California Civil Code Section 5730
    (a) The annual policy statement, prepared pursuant to Section 5310, shall include the following notice, in at least 12-point type: "NOTICE ASSESSMENTS AND FORECLOSURE This...
  • California Civil Code Section 5735
    (a) An association may not voluntarily assign or pledge the association's right to collect payments or assessments, or to enforce or foreclose a lien to...
  • California Civil Code Section 5740
    (a) Except as otherwise provided, this article applies to a lien created on or after January 1, 2003. (b) A lien created before January 1,...
  • California Civil Code Section 5800
    (a) A volunteer officer or volunteer director of an association that manages a common interest development that is exclusively residential, shall not be personally liable...
  • California Civil Code Section 5805
    (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 5810
    The association shall, as soon as reasonably practicable, provide individual notice pursuant to Section 4040 to all members if any of the policies described in...
  • California Civil Code Section 5850
    (a) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of...
  • California Civil Code Section 5855
    (a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of...
  • California Civil Code Section 5865
    Nothing in Section 5850 or 5855 shall be construed to create, expand, or reduce the authority of the board to impose monetary penalties on a...
  • California Civil Code Section 5900
    (a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit...
  • California Civil Code Section 5905
    (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 5910
    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 5915
    (a) This section applies to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure provided in this...
  • California Civil Code Section 5920
    The annual policy statement prepared pursuant to Section 5310 shall include a description of the internal dispute resolution process provided pursuant to this article.
  • California Civil Code Section 5925
    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 5930
    (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute...
  • California Civil Code Section 5935
    (a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request...
  • California Civil Code Section 5940
    (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 5945
    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 5950
    (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 5955
    (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 5960
    In an enforcement action in which attorney's fees and costs may be awarded, the court, in determining the amount of the award, may consider whether...
  • California Civil Code Section 5965
    (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 5975
    (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 5980
    An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party...
  • California Civil Code Section 5985
    (a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 5980, the amount of damages recovered by the...
  • California Civil Code Section 6000
    (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 6100
    (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 6150
    (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 6500
    This part shall be known, and may be cited, as the Commercial and Industrial Common Interest Development Act. In a provision of this part, the...
  • California Civil Code Section 6502
    Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.
  • California Civil Code Section 6505
    Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the...
  • California Civil Code Section 6510
    Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner...
  • California Civil Code Section 6512
    (a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated...
  • California Civil Code Section 6514
    (a) If a provision of this act requires that an association deliver a document by "individual delivery" or "individual notice," the document shall be delivered...
  • California Civil Code Section 6518
    (a) This section governs the delivery of a document pursuant to this act. (b) If a document is delivered by mail, delivery is deemed to...
  • California Civil Code Section 6520
    If the association or a member has consented to receive information by electronic delivery, and a provision of this act requires that the information be...
  • California Civil Code Section 6522
    If a provision of this act requires that an action be approved by a majority of all members, the action shall be approved or ratified...
  • California Civil Code Section 6524
    If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be...
  • California Civil Code Section 6526
    The definitions in this article govern the construction of this act.
  • California Civil Code Section 6528
    "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
  • California Civil Code Section 6530
    "Board" means the board of directors of the association.
  • California Civil Code Section 6531
    A "commercial or industrial common interest development" means a common interest development that is limited to industrial or commercial uses by law or by a...
  • California Civil Code Section 6532
    (a) "Common area" means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a...
  • California Civil Code Section 6534
    "Common interest development" means any of the following: (a) A condominium project. (b) A planned development. (c) A stock cooperative.
  • California Civil Code Section 6540
    "Condominium plan" means a plan described in Section 6624.
  • California Civil Code Section 6542
    (a) A "condominium project" means a real property development consisting of condominiums. (b) A condominium consists of an undivided interest in common in a portion...
  • California Civil Code Section 6544
    "Declarant" means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of...
  • California Civil Code Section 6546
    "Declaration" means the document, however denominated, that contains the information required by Section 6614.
  • California Civil Code Section 6548
    "Director" means a natural person who serves on the board.
  • California Civil Code Section 6550
    (a) "Exclusive use common area" means a portion of the common area designated by the declaration for the exclusive use of one or more, but...
  • California Civil Code Section 6552
    "Governing documents" means the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation...
  • California Civil Code Section 6553
    "Individual notice" means the delivery of a document pursuant to Section 6514.
  • California Civil Code Section 6554
    "Member" means an owner of a separate interest.
  • California Civil Code Section 6560
    "Person" means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.
  • California Civil Code Section 6562
    "Planned development" means a real property development other than a condominium project, or a stock cooperative, having either or both of the following features: (a)...
  • California Civil Code Section 6564
    (a) "Separate interest" has the following meanings: (1) In a condominium project, "separate interest" means a separately owned unit, as specified in Section 6542. (2)...
  • California Civil Code Section 6566
    "Stock cooperative" means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee...
  • California Civil Code Section 6580
    Subject to Section 6582, this act applies and a common interest development is created whenever a separate interest coupled with an interest in the common...
  • California Civil Code Section 6582
    (a) This act applies only to a commercial or industrial common interest development. (b) Nothing in this act may be construed to apply to a...
  • California Civil Code Section 6600
    (a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict...
  • California Civil Code Section 6602
    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 6604
    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 6606
    (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 6608
    (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated...
  • California Civil Code Section 6610
    (a) Notwithstanding any other law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling Common...
  • California Civil Code Section 6614
    (a) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the...
  • California Civil Code Section 6616
    Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that...
  • California Civil Code Section 6618
    (a) The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the...
  • California Civil Code Section 6620
    (a) A declaration may be amended pursuant to the declaration or this act. An amendment is effective after all of the following requirements have been...
  • California Civil Code Section 6622
    (a) The articles of incorporation of an association filed with the Secretary of State shall include a statement, which shall be in addition to the...
  • California Civil Code Section 6624
    A condominium plan shall contain all of the following: (a) A description or survey map of a condominium project, which shall refer to or show...
  • California Civil Code Section 6626
    (a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 6624 shall be signed and acknowledged...
  • California Civil Code Section 6628
    A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time...
  • California Civil Code Section 6630
    For the purposes of this article, "operating rule" means a regulation adopted by the board that applies generally to the management and operation of the...
  • California Civil Code Section 6632
    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 6650
    Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of...
  • California Civil Code Section 6652
    Unless the declaration otherwise provides: (a) In a condominium project, and in those planned developments with common area owned in common by the owners of...
  • California Civil Code Section 6654
    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 6656
    (a) Except as provided in this section, the common area in a condominium project shall remain undivided, and there shall be no judicial partition thereof....
  • California Civil Code Section 6658
    (a) In a condominium project, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in...
  • California Civil Code Section 6662
    In a condominium project the common area is not subject to partition, except as provided in Section 6656. Any conveyance, judicial sale, or other voluntary...
  • California Civil Code Section 6664
    In a planned development, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common...
  • California Civil Code Section 6666
    In a stock cooperative, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the ownership interest in the corporation,...
  • California Civil Code Section 6668
    Nothing in this article prohibits the transfer of exclusive use areas, independent of any other interest in a common interest subdivision, if authorization to separately...
  • California Civil Code Section 6670
    Any restrictions upon the severability of the component interests in real property which are contained in the declaration shall not be deemed conditions repugnant to...
  • California Civil Code Section 6700
    This article includes provisions that limit the authority of an association or the governing documents to regulate the use of a member's separate interest. Nothing...
  • California Civil Code Section 6702
    (a) Except as required for the protection of the public health or safety, no governing document shall limit or prohibit, or be construed to limit...
  • California Civil Code Section 6704
    (a) The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member's separate interest, except...
  • California Civil Code Section 6706
    Notwithstanding Section 4202, Section 4715 applies to an owner of a separate interest in a common interest development who kept a pet in that common...
  • California Civil Code Section 6708
    (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 6710
    (a) Any provision of a governing document that arbitrarily or unreasonably restricts an owner's ability to market the owner's interest in a common interest development...
  • California Civil Code Section 6712
    (a) Notwithstanding any other law, a provision of the governing documents shall be void and unenforceable if it does any of the following: (1) Prohibits,...
  • California Civil Code Section 6713
    (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in...
  • California Civil Code Section 6714
    (a) Subject to the governing documents and applicable law, a member may do the following: (1) Make any improvement or alteration within the boundaries of...
  • California Civil Code Section 6716
    (a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common area, other...
  • California Civil Code Section 6718
    (a) In a condominium project or stock cooperative, unless otherwise provided in the declaration, the association is responsible for the repair and maintenance of the...
  • California Civil Code Section 6720
    (a) The association may cause the temporary, summary removal of any occupant of a common interest development for such periods and at such times as...
  • California Civil Code Section 6722
    Notwithstanding the provisions of the declaration, a member is entitled to reasonable access to the common area for the purpose of maintaining the internal and...
  • California Civil Code Section 6750
    A common interest development shall be managed by an association that may be incorporated or unincorporated. The association may be referred to as an owners'...
  • California Civil Code Section 6752
    (a) Unless the governing documents provide otherwise, and regardless of whether the association is incorporated or unincorporated, the association may exercise the powers granted to...
  • California Civil Code Section 6756
    To be effective, a request to change the member's information in the association membership list shall be delivered in writing to the association, pursuant to...
  • California Civil Code Section 6758
    (a) Notwithstanding any other law, and regardless of whether an association is incorporated or unincorporated, the provisions of Sections 7233 and 7234 of the Corporations...
  • California Civil Code Section 6760
    (a) To assist with the identification of commercial or industrial common interest developments, each association, whether incorporated or unincorporated, shall submit to the Secretary of...
  • California Civil Code Section 6800
    The association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this act.
  • California Civil Code Section 6804
    (a) Regular assessments imposed or collected to perform the obligations of an association under the governing documents or this act shall be exempt from execution...
  • California Civil Code Section 6808
    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, shall...
  • California Civil Code Section 6810
    (a) When an owner of a separate interest makes a payment toward an assessment, the owner may request a receipt and the association shall provide...
  • California Civil Code Section 6812
    At least 30 days prior to recording a lien upon the separate interest of the owner of record to collect a debt that is past...
  • California Civil Code Section 6814
    (a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with Section 6808, shall be a lien...
  • California Civil Code Section 6816
    A lien created pursuant to Section 6814 shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except that the...
  • California Civil Code Section 6818
    (a) Within 21 days of the payment of the sums specified in the notice of delinquent assessment, the association shall record or cause to be...
  • California Civil Code Section 6819
    An association that fails to comply with the procedures set forth in this section shall, prior to recording a lien, recommence the required notice process....
  • California Civil Code Section 6820
    (a) Except as otherwise provided in this article, after the expiration of 30 days following the recording of a lien created pursuant to Section 6814,...
  • California Civil Code Section 6822
    (a) Any sale by the trustee shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale...
  • California Civil Code Section 6824
    (a) A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of...
  • California Civil Code Section 6826
    (a) An association may not voluntarily assign or pledge the association's right to collect payments or assessments, or to enforce or foreclose a lien to...
  • California Civil Code Section 6828
    (a) Except as otherwise provided, this article applies to a lien created on or after January 1, 2014. (b) A lien created before January 1,...
  • California Civil Code Section 6840
    (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 6850
    (a) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of...
  • California Civil Code Section 6854
    Nothing in Section 6850 shall be construed to create, expand, or reduce the authority of the board to impose monetary penalties on a member for...
  • California Civil Code Section 6856
    (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 6858
    An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party...
  • California Civil Code Section 6860
    (a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 6858, the amount of damages recovered by the...
  • California Civil Code Section 6870
    (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 6874
    (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 6876
    (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 7100
    (a) Every retail grocery store or grocery department within a general retail merchandise store which uses a point-of-sale system shall cause to have a clearly...
  • California Civil Code Section 7101
    (a) The intentional violation of Section 7100 is punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred...
  • California Civil Code Section 7102
    Any person, firm, corporation, or association who violates Sections 7100 and 7101 shall be liable to any person injured for any losses and expenses thereby...
  • California Civil Code Section 7103
    Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this division.
  • California Civil Code Section 7104
    The remedies set forth in Sections 7101 and 7102 are the exclusive remedies available to any person, state or local agency or law enforcement official.
  • California Civil Code Section 7105
    This part shall be known and may be cited as the Rosenthal-Roberti Item Pricing Act.
  • California Civil Code Section 7106
    It is the intention of the Legislature that this part shall occupy the field with regard to item pricing and shall preempt all local ordinances,...
  • California Civil Code Section 8000
    Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
  • California Civil Code Section 8002
    "Admitted surety insurer" has the meaning provided in Section 995.120 of the Code of Civil Procedure.
  • California Civil Code Section 8004
    "Claimant" means a person that has a right under this part to record a claim of lien, give a stop payment notice, or assert a...
  • California Civil Code Section 8006
    "Construction lender" means either of the following: (a) A mortgagee or beneficiary under a deed of trust lending funds with which the cost of all...
  • California Civil Code Section 8008
    "Contract" means an agreement that provides for all or part of a work of improvement.
  • California Civil Code Section 8010
    "Contract price" means the price agreed to in a direct contract for a work of improvement.
  • California Civil Code Section 8012
    "Contractor" includes a direct contractor, subcontractor, or both. This section does not apply to Sections 8018 and 8046.
  • California Civil Code Section 8014
    "Design professional" means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions...
  • California Civil Code Section 8016
    "Direct contract" means a contract between an owner and a direct contractor that provides for all or part of a work of improvement.
  • California Civil Code Section 8018
    "Direct contractor" means a contractor that has a direct contractual relationship with an owner. A reference in another statute to a "prime contractor" in connection...
  • California Civil Code Section 8020
    For the purposes of Title 3 (commencing with Section 9000), "funds" means warrant, check, money, or bonds (if bonds are to be issued in payment...
  • California Civil Code Section 8022
    "Labor, service, equipment, or material" includes, but is not limited to, labor, skills, services, material, supplies, equipment, appliances, power, and surveying, provided for a work...
  • California Civil Code Section 8024
    (a) "Laborer" means a person who, acting as an employee, performs labor upon, or bestows skill or other necessary services on, a work of improvement....
  • California Civil Code Section 8026
    "Lien" means a lien under Title 2 (commencing with Section 8160) and includes a lien of a design professional under Section 8302, a lien for...
  • California Civil Code Section 8028
    "Material supplier" means a person that provides material or supplies to be used or consumed in a work of improvement.
  • California Civil Code Section 8030
    (a) For the purposes of Title 2 (commencing with Section 8160), "payment bond" means a bond given under Section 8600. (b) For the purposes of...
  • California Civil Code Section 8032
    "Person" means an individual, corporation, public entity, business trust, estate, trust, partnership, limited liability company, association, or other entity.
  • California Civil Code Section 8034
    (a) For the purposes of Title 2 (commencing with Section 8160), "preliminary notice" means the notice provided for in Chapter 2 (commencing with Section 8200)...
  • California Civil Code Section 8036
    "Public entity" means the state, Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or...
  • California Civil Code Section 8038
    "Public works contract" has the meaning provided in Section 1101 of the Public Contract Code.
  • California Civil Code Section 8040
    "Site" means the real property on which a work of improvement is situated or planned.
  • California Civil Code Section 8042
    "Site improvement" means any of the following work on real property: (a) Demolition or removal of improvements, trees, or other vegetation. (b) Drilling test holes....
  • California Civil Code Section 8044
    (a) (1) For the purposes of Title 2 (commencing with Section 8160), "stop payment notice" means the notice given by a claimant under Chapter 5...
  • California Civil Code Section 8046
    "Subcontractor" means a contractor that does not have a direct contractual relationship with an owner. The term includes a contractor that has a contractual relationship...
  • California Civil Code Section 8048
    "Work" means labor, service, equipment, or material provided to a work of improvement.
  • California Civil Code Section 8050
    (a) "Work of improvement" includes, but is not limited to: (1) Construction, alteration, repair, demolition, or removal, in whole or in part, of, or addition...
  • California Civil Code Section 8052
    (a) This part is operative on July 1, 2012. (b) Notwithstanding subdivision (a), the effectiveness of a notice given or other action taken on a...
  • California Civil Code Section 8054
    (a) This part does not apply to a transaction governed by the Oil and Gas Lien Act (Chapter 2.5 (commencing with Section 1203.50) of Title...
  • California Civil Code Section 8056
    Except as otherwise provided in this part, Part 2 (commencing with Section 307) of the Code of Civil Procedure provides the rules of practice in...
  • California Civil Code Section 8058
    For purposes of this part, "day" means a calendar day.
  • California Civil Code Section 8060
    (a) If this part provides for filing a contract, plan, or other paper with the county recorder, the provision is satisfied by filing the paper...
  • California Civil Code Section 8062
    No act of an owner in good faith and in compliance with a provision of this part shall be construed to prevent a direct contractor's...
  • California Civil Code Section 8064
    An owner may give a notice or execute or file a document under this part on behalf of a co-owner if the owner acts on...
  • California Civil Code Section 8066
    An act that may be done by or to a person under this part may be done by or to the person's agent to the...
  • California Civil Code Section 8100
    Notice under this part shall be in writing. Writing includes printing and typewriting.
  • California Civil Code Section 8102
    (a) Notice under this part shall, in addition to any other information required by statute for that type of notice, include all of the following...
  • California Civil Code Section 8104
    (a) A direct contractor or subcontractor on a work of improvement governed by this part that employs a laborer and fails to pay the full...
  • California Civil Code Section 8106
    Except as otherwise provided by statute, notice under this part shall be given by any of the following means: (a) Personal delivery. (b) Mail in...
  • California Civil Code Section 8108
    Except as otherwise provided by this part, notice under this part shall be given to the person to be notified at the person's residence, the...
  • California Civil Code Section 8110
    Except as otherwise provided by this part, notice by mail under this part shall be given by registered or certified mail, express mail, or overnight...
  • California Civil Code Section 8114
    A notice required by this part to be posted shall be displayed in a conspicuous location at the site.
  • California Civil Code Section 8116
    Notice under this part is complete and deemed to have been given at the following times: (a) If given by personal delivery, when delivered. (b)...
  • California Civil Code Section 8118
    (a) Proof that notice was given to a person in the manner required by this part shall be made by a proof of notice declaration...
  • California Civil Code Section 8120
    The provisions of this chapter apply to a work of improvement governed by this part.
  • California Civil Code Section 8122
    An owner, direct contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant's rights under this part, whether with...
  • California Civil Code Section 8124
    A claimant's waiver and release does not release the owner, construction lender, or surety on a payment bond from a lien or claim unless both...
  • California Civil Code Section 8126
    An oral or written statement purporting to waive, release, impair or otherwise adversely affect a lien or claim is void and unenforceable and does not...
  • California Civil Code Section 8128
    (a) A claimant may reduce the amount of, or release in its entirety, a stop payment notice. The reduction or release shall be in writing...
  • California Civil Code Section 8130
    This article does not affect the enforceability of either an accord and satisfaction concerning a good faith dispute or an agreement made in settlement of...
  • California Civil Code Section 8132
    If a claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and...
  • California Civil Code Section 8134
    If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and...
  • California Civil Code Section 8136
    If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a final payment and...
  • California Civil Code Section 8138
    If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a final payment and...
  • California Civil Code Section 8150
    The Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) applies to...
  • California Civil Code Section 8152
    None of the following releases a surety from liability on a bond given under this part: (a) A change, alteration, or modification to a contract,...
  • California Civil Code Section 8154
    (a) A bond given under this part shall be construed most strongly against the surety and in favor of all persons for whose benefit the...
  • California Civil Code Section 8160
    This title applies to a work of improvement that is not governed by Title 3 (commencing with Section 9000) of this part.
  • California Civil Code Section 8170
    (a) A written direct contract shall provide a space for the owner to enter the following information: (1) The owner's name, address, and place of...
  • California Civil Code Section 8172
    (a) A public entity that issues building permits shall, in its application form for a building permit, provide space and a designation for the applicant...
  • California Civil Code Section 8174
    (a) A mortgage, deed of trust, or other instrument securing a loan, any of the proceeds of which may be used for a work of...
  • California Civil Code Section 8180
    (a) For the purpose of this title, completion of a work of improvement occurs upon the occurrence of any of the following events: (1) Actual...
  • California Civil Code Section 8182
    (a) An owner may record a notice of completion on or within 15 days after the date of completion of a work of improvement. (b)...
  • California Civil Code Section 8184
    A notice of completion in otherwise proper form, verified and containing the information required by this title, shall be accepted by the recorder for recording...
  • California Civil Code Section 8186
    If a work of improvement is made pursuant to two or more direct contracts, each covering a portion of the work of improvement: (a) The...
  • California Civil Code Section 8188
    (a) An owner may record a notice of cessation if there has been a continuous cessation of labor on a work of improvement for at...
  • California Civil Code Section 8190
    (a) An owner that records a notice of completion or cessation shall, within 10 days of the date the notice of completion or cessation is...
  • California Civil Code Section 8200
    (a) Except as otherwise provided by statute, before recording a lien claim, giving a stop payment notice, or asserting a claim against a payment bond,...
  • California Civil Code Section 8202
    (a) The preliminary notice shall comply with the requirements of Section 8102, and shall also include: (1) A general description of the work to be...
  • California Civil Code Section 8204
    (a) A preliminary notice shall be given not later than 20 days after the claimant has first furnished work on the work of improvement. If...
  • California Civil Code Section 8206
    (a) Except as provided in subdivision (b), a claimant need give only one preliminary notice to each person to which notice must be given under...
  • California Civil Code Section 8208
    A direct contractor shall make available to any person seeking to give preliminary notice the following information: (a) The name and address of the owner....
  • California Civil Code Section 8210
    If one or more construction loans are obtained after commencement of a work of improvement, the owner shall give notice of the name and address...
  • California Civil Code Section 8212
    An agreement made or entered into by an owner whereby the owner agrees to waive the rights conferred on the owner by this chapter is...
  • California Civil Code Section 8214
    (a) Each person who has served a preliminary notice may file the preliminary notice with the county recorder. A preliminary notice filed pursuant to this...
  • California Civil Code Section 8216
    If the contract of any subcontractor on a particular work of improvement provides for payment to the subcontractor of more than four hundred dollars ($400),...
  • California Civil Code Section 8300
    For purposes of this chapter, a "design professional" is a person described in Section 8014 who provides services pursuant to a written contract with a...
  • California Civil Code Section 8302
    (a) A design professional has, from the date of recordation of a claim of lien under this chapter, a lien on the site notwithstanding the...
  • California Civil Code Section 8304
    A design professional is not entitled to a lien under this chapter unless all of the following conditions are satisfied: (a) The work of improvement...
  • California Civil Code Section 8306
    (a) On recordation of the claim of lien, a lien is created in favor of the named design professional. (b) The lien automatically expires and...
  • California Civil Code Section 8308
    (a) Except as provided in subdivision (b), no provision of this part applies to a lien created under this chapter. (b) The following provisions of...
  • California Civil Code Section 8310
    This chapter does not affect the ability of a design professional to obtain a lien for a work of improvement under Section 8400.
  • California Civil Code Section 8312
    A design professional shall record a claim of lien under this chapter no later than 90 days after the design professional knows or has reason...
  • California Civil Code Section 8314
    The creation of a lien under this chapter does not affect the ability of the design professional to pursue other remedies.
  • California Civil Code Section 8316
    (a) No lien created under this chapter affects or takes priority over the interest of record of a purchaser, lessee, or encumbrancer, if the interest...
  • California Civil Code Section 8318
    A design professional may not obtain a lien under this chapter for services provided for a work of improvement relating to a single-family, owner-occupied residence...
  • California Civil Code Section 8319
    (a) A design professional may convert a recorded design professional lien to a mechanics lien if all of the following requirements are met: (1) The...
  • California Civil Code Section 8400
    A person that provides work authorized for a work of improvement, including, but not limited to, the following persons, has a lien right under this...
  • California Civil Code Section 8402
    A person that provides work authorized for a site improvement has a lien right under this chapter.
  • California Civil Code Section 8404
    Work is authorized for a work of improvement or for a site improvement in any of the following circumstances: (a) It is provided at the...
  • California Civil Code Section 8410
    A claimant may enforce a lien only if the claimant has given preliminary notice to the extent required by Chapter 2 (commencing with Section 8200)...
  • California Civil Code Section 8412
    A direct contractor may not enforce a lien unless the contractor records a claim of lien after the contractor completes the direct contract, and before...
  • California Civil Code Section 8414
    A claimant other than a direct contractor may not enforce a lien unless the claimant records a claim of lien within the following times: (a)...
  • California Civil Code Section 8416
    (a) A claim of mechanics lien shall be a written statement, signed and verified by the claimant, containing all of the following: (1) A statement...
  • California Civil Code Section 8422
    (a) Except as provided in subdivisions (b) and (c), erroneous information contained in a claim of lien relating to the claimant's demand, credits and offsets...
  • California Civil Code Section 8424
    (a) An owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct...
  • California Civil Code Section 8430
    (a) The lien is a direct lien for the lesser of the following amounts: (1) The reasonable value of the work provided by the claimant....
  • California Civil Code Section 8432
    (a) A lien does not extend to work, whether or not the work is authorized by a direct contractor or subcontractor, if the work is...
  • California Civil Code Section 8434
    A direct contractor or a subcontractor may enforce a lien only for the amount due pursuant to that contractor's contract after deducting all lien claims...
  • California Civil Code Section 8440
    Subject to Section 8442, a lien attaches to the work of improvement and to the real property on which the work of improvement is situated,...
  • California Civil Code Section 8442
    The following interests in real property to which a lien attaches are subject to the lien: (a) The interest of a person that contracted for...
  • California Civil Code Section 8444
    (a) An owner of real property or a person claiming an interest in real property on which a work of improvement is situated that did...
  • California Civil Code Section 8446
    A claimant may record one claim of lien on two or more works of improvement, subject to the following conditions: (a) The works of improvement...
  • California Civil Code Section 8448
    (a) As used in this section, "separate residential unit" means one residential structure, including a residential structure containing multiple condominium units, together with any common...
  • California Civil Code Section 8450
    (a) A lien under this chapter, other than a lien provided for in Section 8402, has priority over a lien, mortgage, deed of trust, or...
  • California Civil Code Section 8452
    A mortgage or deed of trust, otherwise subordinate to a lien under Section 8450, has priority over a lien for work provided after recordation of...
  • California Civil Code Section 8454
    If a site improvement is provided for in a direct contract separate from the direct contract for the remainder of the work of improvement, the...
  • California Civil Code Section 8456
    (a) This section applies to a construction loan secured by a mortgage or deed of trust that has priority over a lien under this chapter....
  • California Civil Code Section 8458
    (a) Except as provided in subdivision (b), a lien provided for in Section 8402 has priority over: (1) A mortgage, deed of trust, or other...
  • California Civil Code Section 8460
    (a) The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does...
  • California Civil Code Section 8461
    After commencement of an action to enforce a lien, the plaintiff shall record in the office of the county recorder of the county, or of...
  • California Civil Code Section 8462
    Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce a lien is not brought to trial within two years after...
  • California Civil Code Section 8464
    In addition to any other costs allowed by law, the court in an action to enforce a lien shall allow as costs to each claimant...
  • California Civil Code Section 8466
    If there is a deficiency of proceeds from the sale of property on a judgment for enforcement of a lien, a deficiency judgment may be...
  • California Civil Code Section 8468
    (a) This chapter does not affect any of the following rights of a claimant: (1) The right to maintain a personal action to recover a...
  • California Civil Code Section 8470
    In an action to enforce a lien for work provided to a contractor: (a) The contractor shall defend the action at the contractor's own expense....
  • California Civil Code Section 8480
    (a) The owner of property or the owner of any interest in property subject to a claim of lien may petition the court for an...
  • California Civil Code Section 8482
    An owner of property may not petition the court for a release order under this article unless at least 10 days before filing the petition...
  • California Civil Code Section 8484
    A petition for a release order shall be verified and shall allege all of the following: (a) The date of recordation of the claim of...
  • California Civil Code Section 8486
    (a) On the filing of a petition for a release order, the clerk shall set a hearing date. The date shall be not more than...
  • California Civil Code Section 8488
    (a) At the hearing both (1) the petition and (2) the issue of compliance with the service and date for hearing requirements of this article...
  • California Civil Code Section 8490
    (a) A court order dismissing a cause of action to enforce a lien or releasing property from a claim of lien, or a judgment that...
  • California Civil Code Section 8494
    If a claim of lien expires and is unenforceable under Section 8460, or if a court order or judgment is recorded under Section 8490, the...
  • California Civil Code Section 8500
    The rights of all persons furnishing work for any work of improvement, with respect to any fund for payment of construction costs, are governed exclusively...
  • California Civil Code Section 8502
    (a) A stop payment notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall be signed and...
  • California Civil Code Section 8504
    A claimant that willfully gives a false stop payment notice or that willfully includes in the notice a demand to withhold for work that has...
  • California Civil Code Section 8506
    (a) A stop payment notice to an owner shall be given to the owner or to the owner's architect, if any. (b) A stop payment...
  • California Civil Code Section 8508
    A stop payment notice is not valid unless both of the following conditions are satisfied: (a) The claimant gave preliminary notice to the extent required...
  • California Civil Code Section 8510
    (a) A person may obtain release of funds withheld pursuant to a stop payment notice by giving the person withholding the funds a release bond....
  • California Civil Code Section 8520
    (a) A person that has a lien right under Chapter 4 (commencing with Section 8400), other than a direct contractor, may give the owner a...
  • California Civil Code Section 8522
    (a) Except as provided in subdivision (b), on receipt of a stop payment notice an owner shall withhold from the direct contractor or from any...
  • California Civil Code Section 8530
    A person that has a lien right under Chapter 4 (commencing with Section 8400) may give a construction lender a stop payment notice.
  • California Civil Code Section 8532
    A claimant may give a construction lender a stop payment notice accompanied by a bond in an amount equal to 125 percent of the amount...
  • California Civil Code Section 8534
    (a) A construction lender that objects to the sufficiency of sureties on the bond given with a bonded stop payment notice shall give notice to...
  • California Civil Code Section 8536
    (a) Except as provided in subdivision (b), on receipt of a stop payment notice a construction lender shall withhold from the borrower or other person...
  • California Civil Code Section 8538
    (a) The claimant may make a written request for notice of an election by the construction lender under Section 8536 not to withhold funds. The...
  • California Civil Code Section 8540
    (a) Funds withheld pursuant to a stop payment notice shall be distributed in the following order of priority: (1) First, to pay claims of persons...
  • California Civil Code Section 8542
    Notwithstanding Section 8540: (a) If funds are withheld pursuant to a stop payment notice given to a construction lender by a direct contractor or subcontractor,...
  • California Civil Code Section 8544
    The rights of a claimant who gives a construction lender a stop payment notice are not affected by an assignment of construction loan funds made...
  • California Civil Code Section 8550
    (a) A claimant shall commence an action to enforce payment of the claim stated in a stop payment notice at any time after 10 days...
  • California Civil Code Section 8552
    If more than one claimant has given a stop payment notice: (a) Any number of claimants may join in the same enforcement action. (b) If...
  • California Civil Code Section 8554
    Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce payment of the claim stated in a stop payment notice is...
  • California Civil Code Section 8556
    A stop payment notice ceases to be effective, and a person withholding funds pursuant to the notice shall release them, in either of the following...
  • California Civil Code Section 8558
    (a) In an action to enforce payment of the claim stated in a bonded stop payment notice, the prevailing party is entitled to a reasonable...
  • California Civil Code Section 8560
    If the claimant is the prevailing party in an action to enforce payment of the claim stated in a bonded stop payment notice, any amount...
  • California Civil Code Section 8600
    (a) This section applies if, before the commencement of work, the owner in good faith files a direct contract with the county recorder, and records...
  • California Civil Code Section 8602
    Section 8600 does not preclude an owner from requiring a performance bond, payment bond, or other security as protection against a direct contractor's failure to...
  • California Civil Code Section 8604
    (a) If a lending institution requires that a payment bond be given as a condition of lending money to finance a work of improvement, and...
  • California Civil Code Section 8606
    (a) A payment bond under this title shall be conditioned for the payment in full of the claims of all claimants and shall by its...
  • California Civil Code Section 8608
    (a) This title does not give a claimant a right to recover on a direct contractor's payment bond given under this chapter unless the claimant...
  • California Civil Code Section 8609
    Any provision in a payment bond attempting by contract to shorten the period prescribed in Section 337 of the Code of Civil Procedure for the...
  • California Civil Code Section 8610
    Notwithstanding Section 8609, if a payment bond under this title is recorded before completion of a work of improvement, an action to enforce the liability...
  • California Civil Code Section 8612
    (a) In order to enforce a claim against a payment bond under this title, a claimant shall give the preliminary notice provided in Chapter 2...
  • California Civil Code Section 8614
    Notice to the principal and surety under Section 8612 shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
  • California Civil Code Section 8700
    (a) This chapter applies if any of the following conditions is satisfied: (1) The owner of the fee interest in property contracts for a work...
  • California Civil Code Section 8702
    This chapter does not apply to any of the following works of improvement: (a) A single-family residence, including a single-family residence located within a subdivision,...
  • California Civil Code Section 8704
    This chapter does not apply to any of the following owners: (a) A qualified publicly traded company or a wholly owned subsidiary of a qualified...
  • California Civil Code Section 8710
    An owner described in subdivision (a) of Section 8700 shall provide the direct contractor all of the following: (a) Security for the owner's payment obligation...
  • California Civil Code Section 8712
    If an owner fails to provide or maintain the security required by this chapter, the direct contractor may give the owner notice demanding security. The...
  • California Civil Code Section 8714
    It is against public policy to waive the provisions of this chapter by contract.
  • California Civil Code Section 8716
    This chapter does not affect any statute providing for mechanics liens, stop payment notices, bond remedies, or prompt payment rights of a subcontractor, including the...
  • California Civil Code Section 8720
    An owner shall provide security by any of the following means: (a) A bond that satisfies Section 8722. (b) An irrevocable letter of credit that...
  • California Civil Code Section 8722
    A bond under this chapter shall satisfy all of the following requirements: (a) The bond shall be executed by an admitted surety insurer that is...
  • California Civil Code Section 8724
    An irrevocable letter of credit under this chapter shall satisfy all of the following requirements: (a) The letter of credit shall be issued by a...
  • California Civil Code Section 8726
    An escrow account under this chapter shall satisfy all of the following requirements: (a) The account shall be designated as a "construction security escrow account."...
  • California Civil Code Section 8728
    The following provisions govern a deposit to or disbursement from a construction security escrow account under this chapter: (a) Before the commencement of work the...
  • California Civil Code Section 8730
    If the contract price for a work of improvement is not a fixed price, the amount of security provided under this chapter shall be the...
  • California Civil Code Section 8800
    (a) Except as otherwise agreed in writing by the owner and direct contractor, the owner shall pay the direct contractor, within 30 days after notice...
  • California Civil Code Section 8802
    (a) This section applies to a contract between a public utility and a direct contractor for all or part of a work of improvement. (b)...
  • California Civil Code Section 8810
    This article governs a retention payment withheld by an owner from a direct contractor or by a direct contractor from a subcontractor.
  • California Civil Code Section 8812
    (a) If an owner withholds a retention from a direct contractor, the owner shall, within 45 days after completion of the work of improvement, pay...
  • California Civil Code Section 8814
    (a) If a direct contractor has withheld a retention from one or more subcontractors, the direct contractor shall, within 10 days after receiving all or...
  • California Civil Code Section 8816
    (a) If the direct contractor gives the owner, or a subcontractor gives the direct contractor, notice that work in dispute has been completed in accordance...
  • California Civil Code Section 8818
    If an owner or direct contractor does not make a retention payment within the time required by this article: (a) The owner or direct contractor...
  • California Civil Code Section 8820
    It is against public policy to waive the provisions of this article by contract.
  • California Civil Code Section 8822
    This article does not apply to a retention payment withheld by a lender pursuant to a construction loan agreement.
  • California Civil Code Section 8830
    "Stop work notice" means notice given under this article by a direct contractor to an owner that the contractor will stop work if the amount...
  • California Civil Code Section 8832
    If a direct contractor is not paid the amount due pursuant to a written contract within 35 days after the date payment is due under...
  • California Civil Code Section 8834
    A direct contractor that gives an owner a stop work notice shall give the following additional notice: (a) At least five days before giving the...
  • California Civil Code Section 8836
    Within five days after receipt of a stop work notice from a direct contractor, the owner shall give a copy of the notice to the...
  • California Civil Code Section 8838
    (a) The direct contractor or the direct contractor's surety, or a subcontractor or a subcontractor's surety, is not liable for delay or damage that the...
  • California Civil Code Section 8840
    On resolution of the claim in the stop work notice or the direct contractor's cancellation of the stop work notice, the contractor shall post, and...
  • California Civil Code Section 8842
    A direct contractor's right to stop work under this article is in addition to other rights the direct contractor may have under the law.
  • California Civil Code Section 8844
    (a) If payment of the amount claimed is not made within 10 days after a stop work notice is given, the direct contractor, the direct...
  • California Civil Code Section 8846
    It is against public policy to waive the provisions of this article by contract.
  • California Civil Code Section 8848
    (a) This article applies to a contract entered into on or after January 1, 1999. (b) This article does not apply to a retention withheld...
  • California Civil Code Section 9000
    This title applies to a work of improvement contracted for by a public entity.
  • California Civil Code Section 9100
    (a) Except as provided in subdivision (b), any of the following persons that have not been paid in full may give a stop payment notice...
  • California Civil Code Section 9200
    For the purpose of this title, completion of a work of improvement occurs at the earliest of the following times: (a) Acceptance of the work...
  • California Civil Code Section 9202
    (a) A public entity may record a notice of cessation if there has been a continuous cessation of labor for at least 30 days prior...
  • California Civil Code Section 9204
    (a) A public entity may record a notice of completion on or within 15 days after the date of completion of a work of improvement....
  • California Civil Code Section 9208
    A notice of completion in otherwise proper form, verified and containing the information required by this title shall be accepted by the recorder for recording...
  • California Civil Code Section 9300
    (a) Except as otherwise provided by statute, before giving a stop payment notice or asserting a claim against a payment bond, a claimant shall give...
  • California Civil Code Section 9302
    (a) Except as provided in subdivision (b), preliminary notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of...
  • California Civil Code Section 9303
    The preliminary notice shall comply with the requirements of Section 8102, and shall also include: (a) A general description of the work to be provided....
  • California Civil Code Section 9304
    A claimant may give a stop payment notice or assert a claim against a payment bond only for work provided within 20 days before giving...
  • California Civil Code Section 9306
    If the contract of any subcontractor on a particular work of improvement provides for payment to the subcontractor of more than four hundred dollars ($400),...
  • California Civil Code Section 9350
    The rights of all persons furnishing work pursuant to a public works contract, with respect to any fund for payment of construction costs, are governed...
  • California Civil Code Section 9352
    (a) A stop payment notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall be signed and...
  • California Civil Code Section 9354
    (a) Except as provided in subdivision (b), a stop payment notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section...
  • California Civil Code Section 9356
    A stop payment notice is not effective unless given before the expiration of whichever of the following time periods is applicable: (a) If a notice...
  • California Civil Code Section 9358
    (a) The public entity shall, on receipt of a stop payment notice, withhold from the direct contractor sufficient funds due or to become due to...
  • California Civil Code Section 9360
    (a) This chapter does not prohibit payment of funds to a direct contractor or a direct contractor's assignee if a stop payment notice is not...
  • California Civil Code Section 9362
    (a) Not later than 10 days after each of the following events, the public entity shall give notice to a claimant that has given a...
  • California Civil Code Section 9364
    (a) A public entity may, in its discretion, permit the direct contractor to give the public entity a release bond. The bond shall be executed...
  • California Civil Code Section 9400
    A direct contractor may obtain release of funds withheld pursuant to a stop payment notice under the summary proceeding provided in this article on any...
  • California Civil Code Section 9402
    The direct contractor shall serve on the public entity an affidavit, together with a copy of the affidavit, in compliance with the requirements of Chapter...
  • California Civil Code Section 9404
    The public entity shall serve on the claimant a copy of the direct contractor's affidavit, together with a notice stating that the public entity will...
  • California Civil Code Section 9406
    (a) A claimant that contests the direct contractor's affidavit shall serve on the public entity a counteraffidavit alleging the details of the claim and describing...
  • California Civil Code Section 9408
    (a) If a counteraffidavit, together with proof of service, is served under Section 9406, either the direct contractor or the claimant may commence an action...
  • California Civil Code Section 9410
    (a) The affidavit and counteraffidavit shall be filed with the court by the public entity and shall constitute the pleadings, subject to the power of...
  • California Civil Code Section 9412
    (a) No findings are required in a summary proceeding under this article. (b) If at the hearing no evidence other than the affidavit and counteraffidavit...
  • California Civil Code Section 9414
    A determination in a summary proceeding under this article is not res judicata with respect to a right of action by the claimant against either...
  • California Civil Code Section 9450
    If funds withheld pursuant to a stop payment notice are insufficient to pay in full the claims of all persons who have given a stop...
  • California Civil Code Section 9452
    Nothing in this chapter impairs the right of a claimant to recover from the direct contractor or the contractor's sureties in an action on a...
  • California Civil Code Section 9454
    A person that willfully gives a false stop payment notice to the public entity or that willfully includes in the notice work not provided for...
  • California Civil Code Section 9456
    (a) A stop payment notice takes priority over an assignment by a direct contractor of any amount due or to become due pursuant to a...
  • California Civil Code Section 9500
    (a) A claimant may not enforce payment of the claim stated in a stop payment notice unless the claimant has complied with all of the...
  • California Civil Code Section 9502
    (a) The claimant shall commence an action against the public entity and the direct contractor to enforce payment of the claim stated in a stop...
  • California Civil Code Section 9504
    Within five days after commencement of an action to enforce payment of the claim stated in a stop payment notice, the claimant shall give notice...
  • California Civil Code Section 9506
    If more than one claimant has given a stop payment notice: (a) Any number of claimants may join in the same enforcement action. (b) If...
  • California Civil Code Section 9508
    Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce payment of the claim stated in a stop payment notice is...
  • California Civil Code Section 9510
    A stop payment notice ceases to be effective, and the public entity shall release funds withheld, in either of the following circumstances: (a) An action...
  • California Civil Code Section 9550
    (a) A direct contractor that is awarded a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before commencement of...
  • California Civil Code Section 9552
    If a payment bond is not given and approved as required by Section 9550: (a) Neither the public entity awarding the public works contract nor...
  • California Civil Code Section 9554
    (a) A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the public works contract....
  • California Civil Code Section 9558
    A claimant may commence an action to enforce the liability on the bond at any time after the claimant ceases to provide work, but not...
  • California Civil Code Section 9560
    (a) In order to enforce a claim against a payment bond, a claimant shall give the preliminary notice provided in Chapter 3 (commencing with Section...
  • California Civil Code Section 9562
    Notice to the principal and surety under Section 9560 shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
  • California Civil Code Section 9564
    (a) A claimant may maintain an action to enforce the liability of a surety on a payment bond whether or not the claimant has given...
  • California Civil Code Section 9566
    (a) A claimant does not have a right to recover on a payment bond unless the claimant provided work to the direct contractor either directly...

Last modified: October 16, 2014