California Civil Code
(Last Updated August 2008)

California Civil Code Section 1
1. In any action for damages for the publication of a libel in a newspaper, or of a slander by radio broadcast, plaintiff shall recover no more than...
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 Code of...
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 contract, or in
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 the last day is a...
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 a particular day,
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, unless
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 feminine and...
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...
California Civil Code Section 18
Notice is: 1. Actual--which consists in express information of a fact; or, 2. Constructive--which is imputed by law. (19.) Section Nineteen.
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 all cases...
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...
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 or laws...
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 four...
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 moment of time...
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...
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...
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...
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 things...
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 Institutions...
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 unless at the...
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
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 child's...
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...
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...
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 pursuant to a...
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, if conceived, should
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 duly appointed...
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 for damages...
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 on...
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 committee of a...
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 as defined...
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,...
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 any...
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...
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 communication...
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 legal entity...
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...
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
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....
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)...
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...
California Civil Code Section 48
In the case provided for in subdivision (c) of Section 47, malice is not inferred from the communication.
California Civil Code Section 1
1. In any action for damages for the publication of a libel in a newspaper, or of a slander by radio broadcast, plaintiff shall recover no more than...
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 such...
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...
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 a school
California Civil Code Section 48.9
(a) An organization which sponsors or conducts an anonymous witness program, and its employees and agents, shall not be liable in a civil action for...
California Civil Code Section 49
The rights of personal relations forbid: (a) The abduction or enticement of a child from a parent, or from a guardian entitled to its custody; ...
California Civil Code Section 51
(a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. (b) All persons within the jurisdiction of this state are free...
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 issue in any...
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...
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...
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
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,
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 whatsoever may...
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...
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: (1)...
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...
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...
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...
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...
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...
California Civil Code Section 52.4
(a) Any person who has been subjected to gender violence may bring a civil action for damages against any responsible party. The plaintiff may seek...
California Civil Code Section 52.5
(a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action for actual damages, compensatory damages,...
California Civil Code Section 52.7
(a) Except as provided in subdivision (g), a person shall not require, coerce, or compel any other individual to undergo the subcutaneous implanting...
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...
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,...
California Civil Code Section 54.2
(a) Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the...
California Civil Code Section 54.25
(a) (1) A peace officer or firefighter assigned to a canine unit assigned to duty away from his or her home jurisdiction because of a declared...
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...
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...
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...
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) of...
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
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 in any...
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 a court
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...
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...
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)...
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,
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...
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...
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 before that...
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...
California Civil Code Section 56.06
(a) Any business organized for the purpose of maintaining medical information in order to make the information available to an individual or to a...
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...
California Civil Code Section 56.10
(a) No provider of health care, health care service plan, or contractor shall disclose medical information regarding a patient of the provider of...
California Civil Code Section 56.1007
(a) A provider of health care, health care service plan, or contractor may, in accordance with subdivision (c) or (d), disclose to a family member,...
California Civil Code Section 56.101
Every provider of health care, health care service plan, pharmaceutical company, or contractor who creates, maintains, preserves, stores, abandons,...
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...
California Civil Code Section 56.103
(a) A provider of health care may disclose medical information to a county social worker, a probation officer, or any other person who is legally...
California Civil Code Section 56.104
(a) Notwithstanding subdivision (c) of Section 56.10, except as authorized in paragraph (1) of subdivision (c) of Section 56.10, no provider of...
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 valid...
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
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
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...
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
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...
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...
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...
California Civil Code Section 56.20
(a) Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from...
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...
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...
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...
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...
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 2...
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
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,...
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...
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, or...
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 or...
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...
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...
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. (b)
California Civil Code Section 56.37
(a) No provider of health care, health care service plan, or contractor may require a patient, as a condition of receiving health care services, to...
California Civil Code Section 80
This part may be cited as the California Fair Dealership Law.
California Civil Code Section 81
As used in this part: (a) "Person" means a natural person, partnership, joint venture, corporation, limited liability company, or other entity.
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...
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...
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...
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, or...
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 Code, the thing of which...
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;
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 taken and...
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 free
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 shrubs; or imbedded in it, as in the...
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 the case of a way, or...
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 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 to his...
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 limited;
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....
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,...
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, when expressly declared in
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...
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 joint...
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...
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 next in succession...
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...
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 the latter case, the
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 exist.
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...
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...
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 real...
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...
California Civil Code Section 714.1
Notwithstanding Section 714, any association, as defined in Section 1351, may impose reasonable provisions which: (a) Restrict the installation of
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...
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 in possession...
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 or...
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 or granting period in...
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 for a
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...
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...
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 create...
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 only, whether...
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 or...
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,...
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 a person...
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...
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 interest on 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 the...
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 of the...
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...
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 until disposed of as...
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 or other...
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...
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 the...
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 in the...
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 any...
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...
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 of money,...
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 created...
California Civil Code Section
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...
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 no valid remainder is...
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 as a contingent...
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,...
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 a precedent...
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 testator, commencing in...
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 transferred by
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 created to commence at a...
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 is given, the persons who, on...
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 to be deemed...
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 not executed.
California Civil Code Section 782
(a) Any provision in any deed of real property in California, whether executed before or after the effective date of this section, that purports to...
California Civil Code Section 782.5
(a) Any deed or other written instrument that relates to title to real property, or any written covenant, condition, or restriction annexed or made a
California Civil Code Section 783
A condominium is an estate in real property described in subdivision (f) of Section 1351. A condominium may, with respect to the duration of its...
California Civil Code Section 783.1
In a stock cooperative, as defined in subdivision (m) of Section 1351, both the separate interest, as defined in paragraph (4) of subdivision (l) of...
California Civil Code Section 784
"Restriction," when used in a statute that incorporates this section by reference, means a limitation on, or provision affecting, the use of real...
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 used
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...
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 at any time after the...
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...
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 to re-enter
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...
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 human...
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...
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 more mobilehome sites to...
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 mobilehome, site...
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 for a...
California Civil Code Section 798.14
Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner or deposited in the United...
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
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 request, or (3) a longer
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 to...
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 in subdivision...
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...
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...
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, to the same...
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 space,...
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 posted...
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...
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...
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 accessory...
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...
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...
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
California Civil Code Section 798.29.5
The management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours' written advance...
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 increase.
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...
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 has been...
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 of 20 consecutive days or a total of...
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, the "immediate...
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 fee may be...
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 or cost...
California Civil Code Section 798.37.5
(a) With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of
California Civil Code Section 798.38
(a) Where the management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges
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 value in...
California Civil Code Section 798.40
The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any
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...
California Civil Code Section 798.42
(a) The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of any fine,...
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...
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 utility
California Civil Code Section 798.44
(a) The management of a park that does not permit mobilehome owners or park tenants to purchase liquefied petroleum gas for use in the mobilehome...
California Civil Code Section 798.45
Notwithstanding Section 798.17, "new construction" as defined in Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative...
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
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 of...
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
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...
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 comply...
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 any reason...
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...
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 Part 3...
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 a...
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...
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. ...
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...
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 party during the...
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 improvements to the...
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 selling homeowner
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...
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...
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 remain in the
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
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...
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 the...
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 with a licensed...
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 personal...
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...
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 repairs or improvements...
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...
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 the...
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...
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 a...
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...
California Civil Code Section 799.1
This article shall govern the rights of a resident who has an ownership interest in the subdivision, cooperative, or condominium for mobilehomes, or...
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...
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...
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,...
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...
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...
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...
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 care, live-in...
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...
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,...
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 rules and...
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 and...
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 a...
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 as defined in
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...
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...
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 of 30 consecutive...
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...
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...
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...
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...
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
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 the giving
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 3 of
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 defaulting
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 3 of
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,...
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 the...
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...
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 management.
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 five or more floating...
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 a floating...
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...
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...
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 both the homeowner...
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 provisions...
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 basis listed...
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 posted
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 her consent upon...
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...
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...
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 a...
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 of the...
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 floating...
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 increase, and 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...
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 been given...
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 of 20 consecutive days or a total of...
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, the "immediate...
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,...
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 value in...
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 any
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 home...
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
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...
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 comply...
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...
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 of...
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 Part 3...
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 terms of an agreement...
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...
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 his or her floating home...
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 party during the...
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 and that...
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 home
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 floating home who is
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 have...
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 agent of...
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...
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 1...
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 party
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...
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. ...
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 the management or...
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...
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 a third...
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...
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...
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: ...
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...
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 the servient...
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 a...
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 attached...
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 a
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; 2. By...
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 is situated, a description of
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...
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,...
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...
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
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...
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...
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...
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...
California Civil Code Section 816
The provisions of this chapter shall be liberally construed in order to effectuate the policy and purpose of Section 815.
California Civil Code Section 818
The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the...
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 soil, work mines...
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 instrument by which his tenancy...
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, is entitled
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 of...
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 have...
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...
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 month, or...
California Civil Code Section 829
The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. (830.) Section Eight Hundred and
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 shown.
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 charges, and a...
California Civil Code Section 841
Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them; 2. The fences between them, unless one
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 tenant in...
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 maintain it in...
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 safe...
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...
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 invited on...
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 legally...
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 other interest
California Civil Code Section 848
The owner of mineral rights, as defined by Section 883.110, in real property shall give a written notice to the owner or the owner' s representative
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...
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...
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...
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 freely...
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...
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...
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 at the...
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 preserve...
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 the...
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...
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...
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. (b) The...
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 property. If...
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, or...
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 a debt or
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...
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...
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) or to...
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...
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...
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 mineral...
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 immediately...
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 the statement of the...
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 real property...
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 late notice of...
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...
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,...
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,...
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
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...
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 restriction
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 gas
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...
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,...
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 of the...
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 shall be of...
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...
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...
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 to...
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 to satisfy the...
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 not...
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,...
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, that
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...
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 title of ...
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 of the character of...
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 a late...
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
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...
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 of its
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...
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 action brought...
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
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,...
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...
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...
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...
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...
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...
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, the builder...
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 notice...
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
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 forth in this...
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...
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 to
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 to a...
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, make
California Civil Code Section 922
The builder shall, upon request, allow the repair to be observed and electronically recorded, videotaped, or photographed by the claimant or his or...
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...
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 offer, set forth...
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 of the...
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...
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 accept...
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...
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. ...
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, the...
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...
California Civil Code Section 935
To the extent that provisions of this chapter are enforced and those provisions are substantially similar to provisions in Section 1375 of the Civil...
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...
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, 2003.
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, in...
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 944 is...
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 of the
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.
California Civil Code Section 945.5
A builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, under the principles of...
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 owner, and is governed
California Civil Code Section
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 Code...
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) of...
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 security...
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 the...
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...
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 same...
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...
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 the seller's agent...
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...
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" means any work of...
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)...
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 the person in...
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...
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...
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 Civil Procedure, the...
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,
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 title...
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 owner of such...
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 make...
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 to do so, affixes
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...
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 to
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 to...
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 where the island or...
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, and...
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 to
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, unless the latter
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 a new description, without having
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...
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 an...
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...
California Civil Code Section 1044
Property of any kind may be transferred, except as otherwise provided by this Article.
California Civil Code Section 1045
A mere possibility, not coupled with an interest, cannot be transferred.
California Civil Code Section 1046
A right of reentry, or of repossession for breach of condition subsequent, can be transferred.
California Civil Code Section 1047
Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.
California Civil Code Section 1052
A transfer may be made without writing, in every case in which a writing is not expressly required by statute. (1053.) Section Ten Hundred and...
California Civil Code Section 1054
A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.
California Civil Code Section 1055
A grant duly executed is presumed to have been delivered at its date.
California Civil Code Section 1056
A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes
California Civil Code Section 1057
A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it...
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 all funds deposited...
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, shall...
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...
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
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 or body, as such,...
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 the
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...
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...
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 appraiser...
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 services, other...
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,...
California Civil Code Section 1090
Nothing in this article shall preclude a listing agent from also being the selling agent.
California Civil Code Section 1090.5
(a) No person with an interest in a real estate transaction involving an appraisal shall improperly influence or attempt to improperly influence,...
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 of law, or by an...
California Civil Code Section 1092
A grant of an estate in real property may be made in substance as follows: "I, AB, grant to CD all that real property situated in (insert name of
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
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 his...
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 any conveyance of
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 act of signing
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...
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 of the fee on
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 Section 2985,
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...
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 real estate...
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...
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...
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...
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...
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 of, the...
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 addition to those...
California Civil Code Section 1102.6b
(a) This section applies to all transfers of real property for which all of the following apply: (1) The transfer is subject to this article. ...
California Civil Code Section 1102.6c
(a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of the seller of any real property...
California Civil Code Section 1102.6d
Except for manufactured homes and mobilehomes located in a common interest development governed by Title 6 (commencing with Section 1351), the...
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 provide,...
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 of...
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...
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 subject to...
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...
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 and
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 obtained the...
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
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...
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...
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...
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...
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 to...
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 of...
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...
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 subject to...
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...
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 and
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 obtained the...
California Civil Code Section 1103.13
No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. ...
California Civil Code Section 1103.14
(a) As used in this article, "listing agent" means listing agent as defined in subdivision (f) of Section 1086. (b) As used in this article,...
California Civil Code Section 1104
A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person...
California Civil Code Section 1105
A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was...
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,...
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...
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 not work a...
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...
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 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 covenants, and none
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...
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 Professions Code,
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 by his...
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 delivery, unless...
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 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 Supreme...
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 city and...
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...
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...
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...
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 proof...
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...
California Civil Code Section 1188
An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate substantially in the form prescribed in...
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 ___________ ...
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...
California Civil Code Section 1193
Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their...
California Civil Code Section 1195
(a) Proof of the execution of an instrument, when not acknowledged, may be made any of the following: 1. By the party executing it, or either of...
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 the...
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 that such
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, in the...
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...
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...
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...
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...
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...
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,...
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 of...
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 office of...
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 against any...
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 be...
California Civil Code Section 1219
Oil and gas leases may be acknowledged or proved, certified and recorded in like manner and with like effect, as grants of real property; provided,...
California Civil Code Section 1220
Contracts for the purchase or sale of standing timber or trees, for severance or otherwise, and all instruments in writing by which any estate or...
California Civil Code Section 1227
Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits,...
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 the grantor,...
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 at which...
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...
California Civil Code Section 1350
This title shall be known and may be cited as the Davis-Stirling Common Interest Development Act.
California Civil Code Section 1350.5
Division, part, title, chapter, and section headings do not in any manner affect the scope, meaning, or intent of this title.
California Civil Code Section 1350.7
(a) This section applies to delivery of a document to the extent the section is made applicable by another provision of this title. (b) A document
California Civil Code Section 1351
As used in this title, the following terms have the following meanings: (a) "Association" means a nonprofit corporation or unincorporated...
California Civil Code Section 1352
This title applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or...
California Civil Code Section 1352.5
(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b)...
California Civil Code Section 1353
(a) (1) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement...
California Civil Code Section 1353.5
(a) Except as required for the protection of the public health or safety, no declaration or other governing document shall limit or prohibit, or be...
California Civil Code Section 1353.6
(a) The governing documents, including the operating rules, may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners
California Civil Code Section 1353.7
(a) No common interest development may require a homeowner to install or repair a roof in a manner that is in violation of Section 13132.7 of the...
California Civil Code Section 1353.8
The architectural guidelines of a common interest development shall not prohibit or include conditions that have the effect of prohibiting the use of
California Civil Code Section 1354
(a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit...
California Civil Code Section 1355
(a) The declaration may be amended pursuant to the governing documents or this title. Except as provided in Section 1356, an amendment is effective...
California Civil Code Section 1355.5
(a) Notwithstanding any provision of the governing documents of a common interest development to the contrary, the board of directors of the...
California Civil Code Section 1356
(a) If in order to amend a declaration, the declaration requires owners having more than 50 percent of the votes in the association, in a single...
California Civil Code Section 1357
(a) The Legislature finds that there are common interest developments that have been created with deed restrictions which do not provide a means for...
California Civil Code Section 1357.100
As used in this article: (a) "Operating rule" means a regulation adopted by the board of directors of the association that applies generally to...
California Civil Code Section 1357.110
An operating rule is valid and enforceable only if all of the following requirements are satisfied: (a) The rule is in writing. (b) The rule is
California Civil Code Section 1357.120
(a) Sections 1357.130 and 1357.140 only apply to an operating rule that relates to one or more of the following subjects: (1) Use of the common...
California Civil Code Section 1357.130
(a) The board of directors shall provide written notice of a proposed rule change to the members at least 30 days before making the rule change. The
California Civil Code Section 1357.140
(a) Members of an association owning 5 percent or more of the separate interests may call a special meeting of the members to reverse a rule change.
California Civil Code Section 1357.150
(a) This article applies to a rule change commenced on or after January 1, 2004. (b) Nothing in this article affects the validity of a rule...
California Civil Code Section 1358
(a) In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the
California Civil Code Section 1359
(a) Except as provided in this section, the common areas in a condominium project shall remain undivided, and there shall be no judicial partition...
California Civil Code Section 1360
(a) Subject to the provisions of the governing documents and other applicable provisions of law, if the boundaries of the separate interest are...
California Civil Code Section 1360.5
(a) No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet within...
California Civil Code Section 1361
Unless the declaration otherwise provides: (a) In a community apartment project and condominium project, and in those planned developments with...
California Civil Code Section 1361.5
Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not...
California Civil Code Section 1362
Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common areas are owned by the owners of
California Civil Code Section 1363
(a) A common interest development shall be managed by an association that may be incorporated or unincorporated. The association may be referred to...
California Civil Code Section 1363.001
To the extent existing funds are available, the Department of Consumer Affairs and the Department of Real Estate shall develop an on-line education...
California Civil Code Section 1363.03
(a) An association shall adopt rules, in accordance with the procedures prescribed by Article 4 (commencing with Section 1357.100) of Chapter 2, that
California Civil Code Section 1363.04
(a) Association funds shall not be used for campaign purposes in connection with any association board election. Funds of the association shall not...
California Civil Code Section 1363.05
(a) This section shall be known and may be cited as the Common Interest Development Open Meeting Act. (b) Any member of the association may attend
California Civil Code Section 1363.07
(a) After an association acquires fee title to, or any easement right over, a common area, unless the association's governing documents specify a...
California Civil Code Section 1363.09
(a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by an association of...
California Civil Code Section 1363.1
(a) A prospective managing agent of a common interest development shall provide a written statement to the board of directors of the association of a
California Civil Code Section 1363.2
(a) A managing agent of a common interest development who accepts or receives funds belonging to the association shall deposit all such funds that...
California Civil Code Section 1363.5
(a) The articles of incorporation of a common interest development association filed with the Secretary of State on or after January 1, 1995, shall...
California Civil Code Section 1363.6
(a) To assist with the identification of common interest developments, each association, whether incorporated or unincorporated, shall submit to the...
California Civil Code Section 1363.810
(a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this title, under the...
California Civil Code Section 1363.820
(a) An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article. (b) In...
California Civil Code Section 1363.830
A fair, reasonable, and expeditious dispute resolution procedure shall at a minimum satisfy all of the following requirements: (a) The procedure...
California Civil Code Section 1363.840
(a) This section applies in an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The...
California Civil Code Section 1363.850
The notice provided pursuant to Section 1369.590 shall include a description of the internal dispute resolution process provided pursuant to this...
California Civil Code Section 1364
(a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or...
California Civil Code Section 1365
Unless the governing documents impose more stringent standards, the association shall prepare and distribute to all of its members the following...
California Civil Code Section 1365.1
(a) The association shall distribute the written notice described in subdivision (b) to each member of the association during the 60-day period...
California Civil Code Section 1365.2
(a) For the purposes of this section, the following definitions shall apply: (1) "Association records" means all of the following: (A) Any...
California Civil Code Section 1365.2.5
(a) The disclosures required by this article with regard to an association or a property shall be summarized on the following form: Assessment
California Civil Code Section 1365.3
Unless the governing documents impose more stringent standards, any community service organization as defined in paragraph (3) of subdivision (c) of...
California Civil Code Section 1365.5
(a) Unless the governing documents impose more stringent standards, the board of directors of the association shall do all of the following: (1)...
California Civil Code Section 1365.6
Notwithstanding any other law, and regardless of whether an association is a corporation, as defined in Section 162 of the Corporations Code, the...
California Civil Code Section 1365.7
(a) A volunteer officer or volunteer director of an association, as defined in subdivision (a) of Section 1351, which manages a common interest...
California Civil Code Section 1365.9
(a) It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that
California Civil Code Section 1366
(a) Except as provided in this section, the association shall levy regular and special assessments sufficient to perform its obligations under the...
California Civil Code Section 1366.1
An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.
California Civil Code Section 1366.2
(a) In order to facilitate the collection of regular assessments, special assessments, transfer fees, and similar charges, the board of directors of...
California Civil Code Section 1367
(a) A regular or special assessment and any late charges, reasonable costs of collection, and interest, as assessed in accordance with Section 1366,...
California Civil Code Section 1367.1
(a) A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and interest,...
California Civil Code Section 1367.4
(a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that...
California Civil Code Section 1367.5
If it is determined through dispute resolution pursuant to the association's "meet and confer" program required in Article 5 (commencing with Section
California Civil Code Section 1367.6
(a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association,...
California Civil Code Section 1368
(a) The owner of a separate interest, other than an owner subject to the requirements of Section 11018.6 of the Business and Professions Code, shall,
California Civil Code Section 1368.1
(a) Any rule or regulation of an association that arbitrarily or unreasonably restricts an owner's ability to market his or her interest in a common...
California Civil Code Section 1368.3
An association established to manage a common interest development has standing to institute, defend, settle, or intervene in litigation,...
California Civil Code Section 1368.4
(a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 1368.3, the amount of damages recovered by the...
California Civil Code Section 1368.5
(a) Not later than 30 days prior to the filing of any civil action by the association against the declarant or other developer of a common interest...
California Civil Code Section 1369
In a condominium project, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the...
California Civil Code Section 1369.510
As used in this article: (a) "Alternative dispute resolution" means mediation, arbitration, conciliation, or other nonjudicial procedure that...
California Civil Code Section 1369.520
(a) An association or an owner or a member of a common interest development may not file an enforcement action in the superior court unless the...
California Civil Code Section 1369.530
(a) Any party to a dispute may initiate the process required by Section 1369.520 by serving on all other parties to the dispute a Request for...
California Civil Code Section 1369.540
(a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within
California Civil Code Section 1369.550
If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is...
California Civil Code Section 1369.560
(a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating...
California Civil Code Section 1369.570
(a) After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. ...
California Civil Code Section 1369.580
In an enforcement action in which fees and costs may be awarded pursuant to subdivision (c) of Section 1354, the court, in determining the amount of...
California Civil Code Section 1369.590
(a) An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The...
California Civil Code Section 1370
Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common...
California Civil Code Section 1371
In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are
California Civil Code Section 1372
Unless a contrary intent is clearly expressed, local zoning ordinances shall be construed to treat like structures, lots, parcels, areas, or spaces...
California Civil Code Section 1373
(a) The following provisions do not apply to a common interest development that is limited to industrial or commercial uses by zoning or by a...
California Civil Code Section 1374
Nothing in this title may be construed to apply to a development wherein there does not exist a common area as defined in subdivision (b) of Section...
California Civil Code Section 1375
(a) Before an association files a complaint for damages against a builder, developer, or general contractor ("respondent") of a common interest...
California Civil Code Section 1375.05
(a) Upon the completion of the mandatory prefiling dispute resolution process described in Section 1375, if the parties have not settled the matter,...
California Civil Code Section 1375.1
(a) As soon as is reasonably practicable after the association and the builder have entered into a settlement agreement or the matter has otherwise...
California Civil Code Section 1376
(a) Any covenant, condition, or restriction contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale...
California Civil Code Section 1378
(a) This section applies if an association's governing documents require association approval before an owner of a separate interest may make a...
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 in the State...
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:
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 complies...
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 nor...
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, any national park,...
California Civil Code Section 1427
An obligation is a legal duty, by which a person is bound to do or not to do a certain thing. (1428.) Section Fourteen Hundred and Twenty-eight. ...
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...
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...
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...
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...
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 of...
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,...
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 than his...
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...
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 part, and does not...
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 which
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 it
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, if any,
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 part of...
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, the...
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...
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 of
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 of it then in...
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...
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 covenant before he...
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 must...
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 land conveyed, or made by the...
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 by the lessor and is...
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 such lease any other real...
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 do or refrain from...
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 his assent, if...
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 owners in...
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 manner, the...
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
California Civil Code Section 1478
Performance of an obligation for the delivery of money only, is called payment. (1479.) Section Fourteen Hundred and Seventy-nine. Where a...
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...
California Civil Code Section 1486
An offer of partial performance is of no effect.
California Civil Code Section 1487
An offer of performance must be made by the debtor, or by some person on his behalf and with his assent. (1488.) Section Fourteen Hundred and...
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 any place...
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 nor...
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 a reasonable...
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...
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 to...
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 the creditor,
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 the offer, and
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 to that...
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 it as a...
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 of...
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 without demand; but if he...
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 the following...
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...
California Civil Code Section
California Civil Code Section 1522
Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed.
California Civil Code Section 1523
Acceptance, by the creditor, of the consideration of an accord extinguishes the obligation, and is called satisfaction. (1524.) Section Fifteen...
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 promote justice by
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 the claim,...
California Civil Code Section 1530
Novation is the substitution of a new obligation for an existing one.
California Civil Code Section 1531
Novation is made: 1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation; 2. By the...
California Civil Code Section 1532
Novation is made by contract, and is subject to all the rules concerning contracts in general. (1533.) Section Fifteen Hundred and Thirty-three. ...
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 time of executing 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...
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; nor does it...
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...
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 a person
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 on...
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 had such cause
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, descendant,...
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 violent injury...
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...
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 over him, of
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 consisting in: 1. An...
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 on...
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...
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 of...
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,
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 notifies the...
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...
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 facts are...
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 that the...
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 to do.
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 performed.
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 so...
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, the contract is...
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...
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 is...
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 of Chapter IV of this
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 the amount...
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,...
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 thereto, any other...
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 or
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 defense...
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...
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 is...
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 whole...
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 buyer a bill of sale...
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...
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...
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,...
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...
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...
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...
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...
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...
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 be...
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 may be shown in...
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...
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, if...
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,...
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...
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 substitute for a...
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,...
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, so far as the...
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 applied.
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,...
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 interpret the...
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...
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...
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 by
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 not indicate a place of...
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
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, at the time...
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, and...
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
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...
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...
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, unless...
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 its nature capable of
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...
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 sex act, or to his...
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 policy. The
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...
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 it was made the court...
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 made...
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 the...
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...
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...
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...
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 buyer...
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 of the
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 payment...
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 performance.
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 cases: ...
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 based, and...
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...
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 to...
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
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...
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...
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...
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...
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 which a
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...
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 until...
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.,...
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...
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,...
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...
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 right...
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 he...
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) bringing an...
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
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 midnight of the...
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 she signs the contract.
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...
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...
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 following: (1)...
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 midnight of the third...
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 she signs the contract. ...
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...
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...
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...
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,...
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 and...
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...
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 of...
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
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...
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 an...
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
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,...
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...
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...
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 of...
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 to the extent...
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...
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...
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 last
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 with an...
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 upon
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 engaged in...
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...
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 he thereby...
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 who does not believe
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,
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 property, for the failure...
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 could not...
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 party
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 or her want of...
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...
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 of another shall be...
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...
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...
California Civil Code Section 1714.22
(a) For purposes of this section: (1) "Opioid antagonist" means naloxone hydrochloride that is approved by the federal Food and Drug...
California Civil Code Section 1714.25
(a) Except for injury resulting from negligence or a willful act in the preparation or handling of donated food, no food facility that donates any...
California Civil Code Section 1714.3
Civil liability for any injury to the person or property of another proximately caused by the discharge of a firearm by a minor under the age of 18...
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...
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...
California Civil Code Section 1714.45
(a) In a product liability action, a manufacturer or seller shall not be liable if both of the following apply: (1) The product is inherently...
California Civil Code Section 1714.5
There shall be no liability on the part of one, including the State of California, county, city and county, city or any other political subdivision...
California Civil Code Section 1714.6
The violation of any statute or ordinance shall not establish negligence as a matter of law where the act or omission involved was required in order...
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 operator
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...
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...
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 a claim or
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 that reasonably...
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...
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 book account, as...
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 the...
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, he shall...
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
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 which is...
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 giving full cash or credit...
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 heir, legatee,...
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 art...
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 fine art, shall...
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...
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...
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...
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...
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 to be...
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...
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...
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 is not...
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...
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...
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 from him,
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)...
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...
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 more,...
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 purchaser or...
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...
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...
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...
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 have no liability to...
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 competent...
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)...
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 that a defendant, or his or her
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 amount as...
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 affect
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 Lending Act,...
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 used...
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 to: (1)...
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, or in...
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 credit
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
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...
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 is an...
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 the card...
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 incurred...
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 90...
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 error...
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 billing error made by 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...
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) or (e)
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 shall be issued bearing...
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...
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 open-end...
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 credit card in
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 charges
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...
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 of an...
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 issuer shall provide
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...
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 first...
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
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...
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) The card is...
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...
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 to...
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 of...
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 expiration date.
California Civil Code Section 1749.6
(a) A gift certificate constitutes value held in trust by the issuer of the gift certificate on behalf of the beneficiary of the gift certificate. ...
California Civil Code Section 1749.51
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
California Civil Code Section 1749.60
This title shall be known and may be cited as the "Supermarket Club Card Disclosure Act of 1999."
California Civil Code Section 1749.61
For purposes of this title: (a) "Cardholder" means any consumer to whom a supermarket club card is issued, provided that in cases where more than...
California Civil Code Section 1749.63
A violation of this title constitutes "unfair competition" as defined in Section 17200 of the Business and Professions Code and is punishable as...
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...
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...
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...
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,...
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...
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,...
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...
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 to be unlawful by...
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) Notify
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 such
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 the person alleged to...
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...
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 the
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 address...
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...
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
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...
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 of appropriate...
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...
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
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 the...
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 land...
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...
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...
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...
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,...
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,...
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...
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
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...
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,...
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...
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...
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...
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...
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 is conveyed...
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...
California Civil Code Section 1786.28
(a) Each investigative consumer reporting agency that collects, assembles, evaluates, compiles, reports, transmits, transfers, or communicates items...
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
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...
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...
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...
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,...
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...
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...
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...
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 a...
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...
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"...
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...
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, of...
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;
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...
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...
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...
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...
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...
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...
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 his...
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,...
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
California Civil Code Section 1788.33
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
California Civil Code Section 1789
The Legislature hereby finds and declares that it is in the public interest that consumers have comprehensive knowledge of services available through
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"...
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...
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 the...
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 the...
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,...
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
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...
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...
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. ...
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...
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. Any attempt...
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 bring any...
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...
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 the...
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 a claim against...
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...
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 bonds.
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)...
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 business of cashing...
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,...
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 provided by the
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...
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,...
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...
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
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...
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...
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...
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...
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...
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...
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,...
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 of,...
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
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...
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,...
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...
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
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
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...
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...
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...
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
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...
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...
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
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...
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...
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,...
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...
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,...
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...
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...
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...
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...
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 of any search
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...
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 of such...
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 by the...
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...
California Civil Code Section 1798.38
If information, including letters of recommendation, compiled for the purpose of determining suitability, eligibility, or qualifications for...
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...
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...
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...
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...
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...
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...
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 any...
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 amount...
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
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 an individual may...
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...
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...
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...
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...
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,...
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 or
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...
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 following...
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 such
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...
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...
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...
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...
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...
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 Constitution.
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 as...
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) ...
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...
California Civil Code Section 1798.78
This chapter shall not be deemed to supersede the provisions of Chapter 1299 of the Statutes of 1976.
California Civil Code Section 1798.79.8
For purposes of this title: (a) "Person or entity" means any individual, corporation, partnership, joint venture, or any business entity, or any...
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,
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...
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...
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...
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,...
California Civil Code Section 1798.81
A business shall take all reasonable steps to destroy, or arrange for the destruction of a customer's records within its custody or control...
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,...
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...
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 violation of
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 any manner an
California Civil Code Section 1798.86
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
California Civil Code Section 1798.89
Unless otherwise required to do so by state or federal law, no person, entity, or government agency shall present for recording or filing with a...
California Civil Code Section 1798.82
(a) Any person or business that conducts business in California, and that owns or licenses computerized data that includes personal information,...
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...
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 violation of
California Civil Code Section 1798.90.1
(a) (1) Any business may swipe a driver's license or identification card issued by the Department of Motor Vehicles in any electronic device for the...
California Civil Code Section 1798.86
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
California Civil Code Section 1798.89
Unless otherwise required to do so by state or federal law, no person, entity, or government agency shall present for recording or filing with a...
California Civil Code Section 1798.82
(a) Any person or business that conducts business in California, and that owns or licenses computerized data that includes personal information,...
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...
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 violation of
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...
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 property 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 claimant's...
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...
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...
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 date 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' s...
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...
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
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...
California Civil Code Section 1799.1b
(a) Any credit card issuer that receives a change of address request, other than for a correction of a typographical error, from a cardholder who...
California Civil Code Section 1799.2
(a) A person may initiate a civil action against a business entity in accordance with state law whenever a business entity violates the provisions of
California Civil Code Section 1799.3
(a) No person providing video cassette sales or rental services shall disclose any personal information or the contents of any record, including...
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...
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 shall
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
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 the...
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...
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 of the following:
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,...
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 consumer...
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...
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 two hundred fifty...
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...
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"...
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 is signed by the...
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 one of...
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 result of...
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 the...
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...
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
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...
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
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...
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...
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...
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 for
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 deferred payment
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
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,
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 buyer would
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 the...
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 ...
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...
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...
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...
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...
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...
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...
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...
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...
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
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...
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 been signed.
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 contract shall...
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 following...
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 which the seller...
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...
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 proceeds of a loan to be
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 offering a rebate,...
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 does...
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 out
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 been sold
California Civil Code Section 1804.4
Any provision in a contract which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the contract.
California Civil Code Section 1803.5
If the cost of any insurance is included in the contract and a separate charge is made to the buyer for such insurance: (a) The contract shall...
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 following...
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 which the seller...
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...
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 proceeds of a loan to be
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 offering a rebate,...
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 does...
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)...
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...
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...
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 request...
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...
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 deliver, or mail...
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...
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...
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...
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 the finance...
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 cash...
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...
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...
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 the...
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...
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...
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,...
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 the buyer and the...
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...
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...
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 on the...
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...
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...
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...
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 any...
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 or to be...
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, including...
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 deficiency from 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 installment...
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
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...
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 was in...
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...
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 he or she...
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 such...
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...
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...
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 offered
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...
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 contract...
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 year from
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
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 which, when
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, and which
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...
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...
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,...
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 times the...
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 shall be 25
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 a contract...
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...
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...
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 contract...
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 any...
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 the term of...
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...
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 amount...
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 be cut off
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...
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...
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,...
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 times the...
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 studio...
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,...
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...
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,...
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 any violation of...
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 a claim against...
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,...
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 for...
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 the...
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...
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...
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 buyer...
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...
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. ...
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...
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...
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 by the buyer to the...
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)...
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...
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...
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 bonds.
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...
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...
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 or offer to...
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 with the...
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...
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 receipt of any...
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 provisions of this
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 the...
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: ...
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...
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 the...
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...
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 1812.203,
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. Any...
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
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 arising from...
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 the
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 the Code 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)...
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...
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...
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...
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...
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 one...
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...
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...
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
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...
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...
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...
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...
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...
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...
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 of
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...
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 the debtor claims...
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...
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 fees...
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 or...
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, the 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,...
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...
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 the...
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 pursuant to
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...
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 deposit is to...
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...
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. The...
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 or...
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 or deposit is to...
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 job listing...
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...
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 of the ...
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...
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...
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...
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. ...
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 deposit is to be...
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 and to keep a
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...
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 assignment, or 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...
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...
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...
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...
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...
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...
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
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 this title may,...
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 a petition...
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...
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...
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
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...
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 following: (a)...
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...
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...
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...
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...
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 section.
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...
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...
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...
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...
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...
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 the...
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 bona fide error and...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 former, or
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...
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 it, if able to do...
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 time or
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 the...
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 if...
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 to each...
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 deposit or any...
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 all...
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. ...
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 animals include...
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
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...
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 supply...
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 of 15x9 inches
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...
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 not, if it is...
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...
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 best
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 or...
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 and...
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...
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...
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...
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 living...
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 depositor at any time, and
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 necessarily...
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...
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...
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...
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...
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...
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...
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...
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...
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 by filing...
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) A...
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 the...
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 at a time,
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 of...
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
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 setting forth
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)...
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 possession, with a copy...
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. ...
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
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 to the...
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...
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...
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 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
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...
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 bedroom
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...
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...
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 different space in...
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...
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...
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 which shall contain...
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 title passes to the
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...
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, or other...
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 of...
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 sale and in the...
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 shall...
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...
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...
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 the
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 or...
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 an action to...
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 to return the
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 lender.
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 to believe him to possess.
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 it from...
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 time of lending, and...
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. But if, on the faith of...
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 the time has expired, or the
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; or if no particular...
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. ...
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,
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 given a lender...
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 of seven years, the museum...
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 of address or 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, shall contain a...
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 the...
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 of...
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 museum more
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 was made on or...
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
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...
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; or if no particular...
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 similar thing...
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 to all the provisions of...
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 entitled to all its...
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 future time a sum equivalent to...
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 the time when the...
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 calculated, it 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...
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, or...
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...
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...
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...
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...
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...
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 be...
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 of...
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 shared...
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.
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...
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...
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 bona fide...
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...
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...
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 loan,...
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 maturity of the
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,...
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...
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 of...
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 amount...
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 ...
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...
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...
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 be construed...
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...
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...
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 of...
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...
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...
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...
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...
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...
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...
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...
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 appreciation loan...
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...
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...
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,...
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...
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 loan,...
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 sold or transferred prior
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 on...
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,...
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 the...
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 which the...
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...
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...
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...
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 be construed...
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...
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...
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 of...
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...
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...
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...
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...
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...
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...
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 appreciation loan...
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...
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...
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 ...
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...
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 to...
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 which the...
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
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...
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
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, or 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...
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 or...
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 of
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...
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
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...
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...
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,...
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,...
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...
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,...
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...
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,...
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)...
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...
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
No reverse mortgage loan application shall be taken by a lender unless the loan applicant has received from the lender the following plain language...
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...
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 agrees...
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 the hiring, against...
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.