California Commercial Code CHAPTER 3 - Enforcement of Instruments

  • Section 3301.
    “Person entitled to enforce” an instrument means (a) the holder of the instrument, (b) a nonholder in possession of the instrument who has the rights...
  • Section 3302.
    (a) Subject to subdivision (c) and subdivision (d) of Section 3106, “holder in due course” means the holder of an instrument if both of the following...
  • Section 3303.
    (a) An instrument is issued or transferred for value if any of the following apply:(1) The instrument is issued or transferred for a promise of performance, to...
  • Section 3304.
    (a) An instrument payable on demand becomes overdue at the earliest of the following times:(1) On the day after the day demand for payment is duly made.(2) If...
  • Section 3305.
    (a) Except as stated in subdivision (b), the right to enforce the obligation of a party to pay an instrument is subject to all of the...
  • Section 3306.
    A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property...
  • Section 3307.
    (a) In this section:(1) “Fiduciary” means an agent, trustee, partner, corporate officer or director, limited liability company manager, or other representative owing a fiduciary duty with respect...
  • Section 3308.
    (a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied...
  • Section 3309.
    (a) A person not in possession of an instrument is entitled to enforce the instrument if (1) the person was in possession of the instrument and...
  • Section 3310.
    (a) Unless otherwise agreed, if a certified check, cashier’s check, or teller’s check is taken for an obligation, the obligation is discharged to the same extent...
  • Section 3311.
    (a) If a person against whom a claim is asserted proves that (1) that person in good faith tendered an instrument to the claimant as full...
  • Section 3312.
    (a) In this section:(1) “Check” means a cashier’s check, teller’s check, or certified check.(2) “Claimant” means a person who claims the right to receive the amount of a...

Last modified: October 22, 2018