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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,...
  • 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...
  • 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,...
  • 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.
  • 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...

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Last modified: March 17, 2014