California Commercial Code Section 2209

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(1) An agreement modifying a contract within this division
needs no consideration to be binding.
   (2) A signed agreement which excludes modification or rescission
except by a signed writing cannot be otherwise modified or rescinded,
but except as between merchants such a requirement on a form
supplied by the merchant must be separately signed by the other
party.
   (3) The requirements of the statute of frauds section of this
division (Section 2201) must be satisfied if the contract as modified
is within its provisions.
   (4) Although an attempt at modification or rescission does not
satisfy the requirements of subdivision (2) or (3) it can operate as
a waiver.
   (5) A party who has made a waiver affecting an executory portion
of the contract may retract the waiver by reasonable notification
received by the other party that strict performance will be required
of any term waived, unless the retraction would be unjust in view of
a material change of position in reliance on the waiver.

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Last modified: July 31, 2008