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...
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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.
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California Civil Code Section 3
No part of it is retroactive, unless expressly so declared.
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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...
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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...
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California Civil Code Section 6
No action or proceeding commenced before this Code takes effect,
and no right accrued, is affected by its provisions.
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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...
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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...
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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
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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...
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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,
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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
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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...
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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...
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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...
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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.
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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...
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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...
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California Civil Code Section 22
Law is a solemn expression of the will of the supreme power of
the State.
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California Civil Code Section 22.1
The will of the supreme power is expressed:
(a) By the Constitution.
(b) By statutes.
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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
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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...
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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...
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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.
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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...
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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...
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California Civil Code Section 43.56
No cause of action arises against a foster parent for
alienation of affection of a foster child.
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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
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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...
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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California Civil Code Section 44
Defamation is effected by either of the following:
(a) Libel.
(b) Slander.
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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...
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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
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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....
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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)...
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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...
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California Civil Code Section 48
In the case provided for in subdivision (c) of Section 47,
malice is not inferred from the communication.
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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...
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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...
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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...
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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
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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...
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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;
...
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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...
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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...
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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...
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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...
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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
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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,
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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...
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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...
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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...
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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)...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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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,...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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
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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...
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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
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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...
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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...
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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)...
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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,
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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...
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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...
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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...
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California Civil Code Section 56
This part may be cited as the Confidentiality of Medical
Information Act.
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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...
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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...
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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...
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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...
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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,...
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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,...
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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...
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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...
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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...
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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...
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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
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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
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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...
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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
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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...
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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...
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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...
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California Civil Code Section 56.20
(a) Each employer who receives medical information shall
establish appropriate procedures to ensure the confidentiality and
protection from...
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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...
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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.
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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...
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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...
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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...
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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...
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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
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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)
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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...
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California Civil Code Section 80
This part may be cited as the California Fair Dealership Law.
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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.
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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...
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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...
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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...
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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...
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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...
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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...
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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;
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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...
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California Civil Code Section 657
Property is either:
l. Real or immovable; or,
2. Personal or movable.
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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.
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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
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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...
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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...
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California Civil Code Section 663
Every kind of property that is not real is personal.
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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
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California Civil Code Section 678
The ownership of property is either:
1. Absolute; or,
2. Qualified.
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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...
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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;
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California Civil Code Section 681
The ownership of property by a single person is designated as
a sole or several ownership.
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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....
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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,...
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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
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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...
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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...
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California Civil Code Section 684
A partnership interest is one owned by several persons, in
partnership, for partnership purposes.
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California Civil Code Section 685
An interest in common is one owned by several persons, not in
joint ownership or partnership.
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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...
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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...
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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...
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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...
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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...
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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...
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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
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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...
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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,...
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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...
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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
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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...
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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...
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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...
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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...
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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,...
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California Civil Code Section 799.20
This chapter shall be known and may be cited as the
Recreational Vehicle Park Occupancy Law.
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California Civil Code Section 799.21
Unless the provisions or context otherwise require, the
following definitions shall govern the construction of this chapter.
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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...
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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...
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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...
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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...
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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...
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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.
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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.
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California Civil Code Section 799.29
"Recreational vehicle" has the same meaning as defined in
Section 18010 of the Health and Safety Code.
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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.
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California Civil Code Section 799.31
"Resident" means a tenant who has occupied a lot in a park
for nine months or more.
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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.
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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...
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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
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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...
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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...
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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.
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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
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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
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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
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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
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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
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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,...
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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
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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...
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California Civil Code Section 800
This chapter shall be known and may be cited as the Floating
Home Residency Law.
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California Civil Code Section 800.1
Unless the provisions or context otherwise requires, the
following definitions shall govern the construction of this chapter.
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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...
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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.
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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...
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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...
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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.
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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...
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California Civil Code Section 800.8
"Resident" means a homeowner or other person who lawfully
occupies a floating home.
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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
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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...
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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...
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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...
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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...
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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...
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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...
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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.
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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...
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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...
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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...
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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...
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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...
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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...
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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.
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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,...
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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
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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...
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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
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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...
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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
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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...
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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...
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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...
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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...
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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.
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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...
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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...
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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...
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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...
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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...
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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...
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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
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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...
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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
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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...
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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...
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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...
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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...
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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...
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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.
...
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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...
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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...
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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...
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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...
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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...
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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...
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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:
...
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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
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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...
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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
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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...
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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...
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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...
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California Civil Code Section 1369.510
As used in this article:
(a) "Alternative dispute resolution" means mediation, arbitration,
conciliation, or other nonjudicial procedure that...
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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...
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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...
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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
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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...
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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...
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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. ...
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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...
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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...
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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...
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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
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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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...
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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...
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California Civil Code Section 1414
As between appropriators, the one first in time is the first
in right.
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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:
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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...
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California Civil Code Section 1417
By "completion" is meant conducting the waters to the place
of intended use.
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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.
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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...
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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...
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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.
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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,...
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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. ...
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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...
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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...
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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...
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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...
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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...
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California Civil Code Section 1431.3
Nothing contained in this measure is intended, in any way,
to alter the law of immunity.
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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...
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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,...
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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...
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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.
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California Civil Code Section 1435
Conditions may be precedent, concurrent, or subsequent.
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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.
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California Civil Code Section 1437
Conditions concurrent are those which are mutually dependent,
and are to be performed at the same time.
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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,
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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...
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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...
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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
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California Civil Code Section 1442
A condition involving a forfeiture must be strictly
interpreted against the party for whose benefit it is created.
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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
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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,
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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...
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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...
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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...
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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.
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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...
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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
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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.
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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...
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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...
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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.
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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.
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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...
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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...
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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
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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...
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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...
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California Civil Code Section 1486
An offer of partial performance is of no effect.
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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...
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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...
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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...
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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...
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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...
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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.
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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.
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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.
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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.
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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...
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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...
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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.
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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,
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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
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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...
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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...
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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...
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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...
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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...
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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...
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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
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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.
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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...
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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
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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,...
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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...
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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. ...
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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...
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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...
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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...
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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...
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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...
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California Civil Code Section 1556
All persons are capable of contracting, except minors,
persons of unsound mind, and persons deprived of civil rights.
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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
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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.
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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.
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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.
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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...
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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.
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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
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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,...
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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...
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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...
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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...
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California Civil Code Section 1574
Actual fraud is always a question of fact.
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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
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California Civil Code Section 1576
Mistake may be either of fact or law.
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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...
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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...
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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...
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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...
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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...
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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...
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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.
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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,
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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...
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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
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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...
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California Civil Code Section 1738.11
This chapter shall be known and cited as the Independent
Wholesale Sales Representatives Contractual Relations Act of 1990.
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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...
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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...
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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...
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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...
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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...
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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.
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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...
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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...
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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...
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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...
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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,
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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)...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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)...
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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
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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...
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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...
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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...
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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
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California Civil Code Section 1747
This title may be cited as the "Song-Beverly Credit Card Act
of 1971."
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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,...
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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...
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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)...
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California Civil Code Section 1747.04
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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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...
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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
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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
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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)
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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...
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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...
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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...
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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...
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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...
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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
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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
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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...
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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...
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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
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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."
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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...
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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...
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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...
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California Civil Code Section 1748.14
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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California Civil Code Section 1748.20
This title may be cited as the " Areias-Robbins Charge
Card Full Disclosure Act of 1986."
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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...
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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
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California Civil Code Section 1748.23
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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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...
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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...
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California Civil Code Section 1748.32
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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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...
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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
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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...
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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.
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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...
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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...
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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.
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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. ...
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California Civil Code Section 1749.51
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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California Civil Code Section 1749.60
This title shall be known and may be cited as the
"Supermarket Club Card Disclosure Act of 1999."
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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...
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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...
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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...
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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...
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California Civil Code Section 1749.66
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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California Civil Code Section 1750
This title may be cited as the Consumers Legal Remedies Act.
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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.
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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
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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...
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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...
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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,...
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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.
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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...
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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,...
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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...
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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...
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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...
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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
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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
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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...
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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...
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California Civil Code Section 1785.2
This act may be referred to as the Consumer Credit
Reporting Agencies Act.
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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,
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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
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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,...
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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...
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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...
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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
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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...
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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...
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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...
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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
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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...
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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...
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California Civil Code Section 1785.36
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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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...
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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...
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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...
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California Civil Code Section 1785.44
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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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,...
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California Civil Code Section 1786.1
This title may be referred to as the Investigative Consumer
Reporting Agencies Act.
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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,...
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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...
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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
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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California Civil Code Section 1786.28
(a) Each investigative consumer reporting agency that
collects, assembles, evaluates, compiles, reports, transmits,
transfers, or communicates items...
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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
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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...
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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...
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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...
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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
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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,...
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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...
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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...
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California Civil Code Section 1787.4
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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California Civil Code Section 1788
This title may be cited as the Rosenthal Fair Debt
Collection Practices Act.
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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"...
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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...
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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...
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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;
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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...
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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...
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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
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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...
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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...
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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
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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...
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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...
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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...
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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,...
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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...
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California Civil Code Section 1789.8
This title applies to transactions entered into on or after
July 1, 1985.
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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."
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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
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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. ...
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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.
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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...
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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...
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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...
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California Civil Code Section 1799.207
Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.
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California Civil Code Section 1801
This chapter may be cited as the "Unruh Act."
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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.
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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...
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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
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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...
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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
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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...
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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.
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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...
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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...
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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.
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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
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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
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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
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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,
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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
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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...
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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 ...
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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...
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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...
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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...
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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...
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California Civil Code Section 1802.15
"Person" means an individual, partnership, corporation,
limited liability company, association or other group, however
organized.
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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...
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California Civil Code Section 1802.17
"Billing cycle" means the time interval between regular
monthly billing statement dates.
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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...
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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...
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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...
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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...
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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.
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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
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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...
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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.
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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...
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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...
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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...
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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...
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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
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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,...
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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...
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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
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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,...
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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
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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.
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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...
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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...
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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...
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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...
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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
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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,...
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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...
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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)...
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California Civil Code Section 1805.2
Contracts may be payable in successive monthly, semimonthly
or weekly installments.
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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...
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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...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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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
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California Civil Code Section 1810.8
The provisions of Sections 1806.1 and 1806.4 shall be
applicable to retail installment accounts.
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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...
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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...
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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...
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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."
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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...
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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...
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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...
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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...
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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...
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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...
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California Civil Code Section 1812.6
Any person who shall willfully violate any provision of
this chapter shall be guilty of a misdemeanor.
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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...
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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
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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
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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...
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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,
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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...
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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
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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
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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
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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
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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
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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...
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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...
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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,...
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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.
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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...
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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...
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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
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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...
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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...
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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
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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
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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...
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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...
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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...
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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,...
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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.
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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
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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...
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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.
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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,...
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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...
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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,...
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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...
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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...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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.
...
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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...
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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...
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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...
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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)...
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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.
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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.
|
California Civil Code Section 1930
When a thing is let for a particular purpose the hirer must
not use it for any other purpose; and if he does, he is liable to the
letter for all...
|
California Civil Code Section 1931
The letter of a thing may terminate the hiring and reclaim
the thing before the end of the term agreed upon:
1. When the hirer uses or permits a...
|
California Civil Code Section 1932
The hirer of a thing may terminate the hiring before the end
of the term agreed upon:
1. When the letter does not, within a reasonable time after...
|
California Civil Code Section 1933
The hiring of a thing terminates:
1. At the end of the term agreed upon;
2. By the mutual consent of the parties;
3. By the hirer acquiring...
|
California Civil Code Section 1934
If the hiring of a thing is terminable at the pleasure of one
of the parties, it is terminated by notice to the other of his death
or incapacity to...
|
California Civil Code Section 1934.5
Notwithstanding the provisions of Section 1934, the hiring
of accommodations from month to month in a nursing or convalescent
home shall be...
|
California Civil Code Section 1935
When the hiring of a thing is terminated before the time
originally agreed upon, the hirer must pay the due proportion of the
hire for such use as he
|
California Civil Code Section 1936
(a) For the purpose of this section, the following
definitions shall apply:
(1) "Rental company" means a person or entity in the business of...
|
California Civil Code Section 1936.01
(a) For the purpose of this section, the following
definitions shall apply:
(1) "Airport concession fee" means a charge collected by a rental...
|
California Civil Code Section 1936.05
(a) For purposes of this section:
(1) "Additional charges" means charges other than a per period
base rental rate established by the business...
|
California Civil Code Section 1936.1
(a) (1) A rental company shall provide a renter of a
15-passenger van with a copy of the United States Department of
Transportation, National Highway
|
California Civil Code Section 1940
(a) Except as provided in subdivision (b), this chapter shall
apply to all persons who hire dwelling units located within this
state including...
|
California Civil Code Section 1940.1
(a) No person may require an occupant of a residential
hotel, as defined in Section 50519 of the Health and Safety Code, to
move, or to check out and
|
California Civil Code Section 1940.2
(a) It is unlawful for a landlord to do any of the
following for the purpose of influencing a tenant to vacate a
dwelling:
(1) Engage in conduct...
|
California Civil Code Section 1940.3
(a) No city, county, or city and county shall, by statute,
ordinance, or regulation, or by administrative action implementing
any statute, ordinance,
|
California Civil Code Section 1940.5
An owner or an owner's agent shall not refuse to rent a
dwelling unit in a structure which received its valid certificate of
occupancy after January...
|
California Civil Code Section 1940.6
(a) The owner of a residential dwelling unit or the owner's
agent who applies to any public agency for a permit to demolish that
residential dwelling
|
California Civil Code Section 1940.7
(a) The Legislature finds and declares that the December
10, 1983, tragedy in Tierra Santa, in which lives were lost as a
result of a live munition...
|
California Civil Code Section 1940.8
A landlord of a residential dwelling unit shall provide
each new tenant that occupies the unit with a copy of the notice
provided by a registered...
|
California Civil Code Section 1940.9
(a) If the landlord does not provide separate gas and
electric meters for each tenant's dwelling unit so that each tenant's
meter measures only the...
|
California Civil Code Section 1941.1
A dwelling shall be deemed untenantable for purposes of
Section 1941 if it substantially lacks any of the following
affirmative standard...
|
California Civil Code Section 1941.2
(a) No duty on the part of the landlord to repair a
dilapidation shall arise under Section 1941 or 1942 if the tenant is
in substantial violation of
|
California Civil Code Section 1941.3
(a) On and after July 1, 1998, the landlord, or his or her
agent, of a building intended for human habitation shall do all of
the following:
(1)...
|
California Civil Code Section 1941.4
The lessor of a building intended for the residential
occupation of human beings shall be responsible for installing at
least one usable telephone...
|
California Civil Code Section 1942
(a) If within a reasonable time after written or oral notice
to the landlord or his agent, as defined in subdivision (a) of
Section 1962, of...
|
California Civil Code Section 1942.1
Any agreement by a lessee of a dwelling waiving or
modifying his rights under Section 1941 or 1942 shall be void as
contrary to public policy with...
|
California Civil Code Section 1942.3
(a) In any unlawful detainer action by the landlord to
recover possession from a tenant, a rebuttable presumption affecting
the burden of producing...
|
California Civil Code Section 1942.4
(a) A landlord of a dwelling may not demand rent, collect
rent, issue a notice of a rent increase, or issue a three-day notice
to pay rent or quit...
|
California Civil Code Section 1942.5
(a) If the lessor retaliates against the lessee because of
the exercise by the lessee of his rights under this chapter or
because of his complaint to
|
California Civil Code Section 1942.6
Any person entering onto residential real property, upon
the invitation of an occupant, during reasonable hours or because of
emergency...
|
California Civil Code Section 1943
A hiring of real property, other than lodgings and
dwelling-houses, in places where there is no custom or usage on the
subject, is presumed to be a...
|
California Civil Code Section 1944
A hiring of lodgings or a dwelling house for an unspecified
term is presumed to have been made for such length of time as the
parties adopt for the...
|
California Civil Code Section 1945
If a lessee of real property remains in possession thereof
after the expiration of the hiring, and the lessor accepts rent from
him, the parties are...
|
California Civil Code Section 1945.5
Notwithstanding any other provision of law, any term of a
lease executed after the effective date of this section for the
hiring of residential real...
|
California Civil Code Section 1946
A hiring of real property, for a term not specified by the
parties, is deemed to be renewed as stated in Section 1945, at the
end of the term implied
|
California Civil Code Section 1946.1
(a) Notwithstanding Section 1946, a hiring of residential
real property for a term not specified by the parties, is deemed to
be renewed as stated in
|
California Civil Code Section 1946.5
(a) The hiring of a room by a lodger on a periodic basis
within a dwelling unit occupied by the owner may be terminated by
either party giving...
|
California Civil Code Section 1946.7
(a) A tenant may notify the landlord that he or she or a
household member was a victim of an act that constitutes an act of
domestic violence as...
|
California Civil Code Section 1947
When there is no usage or contract to the contrary, rents are
payable at the termination of the holding, when it does not exceed
one year. If the...
|
California Civil Code Section 1947.3
(a) (1) Except as provided in paragraph (2), a landlord or
a landlord's agent may not demand or require cash as the exclusive
form of payment of rent
|
California Civil Code Section 1947.7
(a) The Legislature finds and declares that the operation
of local rent stabilization programs can be complex and that disputes
often arise with...
|
California Civil Code Section 1947.8
(a) If an ordinance or charter controls or establishes a
system of controls on the price at which residential rental units may
be offered for rent or
|
California Civil Code Section 1947.10
(a) After July 1, 1990, in any city, county, or city and
county which administers a system of controls on the price at which
residential rental units
|
California Civil Code Section 1947.11
(a) In any city, county, or city and county which
administers a system of controls on the price at which residential
rental units may be offered for...
|
California Civil Code Section 1947.15
(a) The Legislature declares the purpose of this section
is to:
(1) Ensure that owners of residential rental units that are
subject to a system of
|
California Civil Code Section 1948
The attornment of a tenant to a stranger is void, unless it
is made with the consent of the landlord, or in consequence of a
judgment of a Court of...
|
California Civil Code Section 1949
Every tenant who receives notice of any proceeding to recover
the real property occupied by him or her, or the possession of the
real property, shall
|
California Civil Code Section 1950
One who hires part of a room for a dwelling is entitled to
the whole of the room, notwithstanding any agreement to the contrary;
and if a landlord...
|
California Civil Code Section 1950.5
(a) This section applies to security for a rental agreement
for residential property that is used as the dwelling of the tenant.
(b) As used in...
|
California Civil Code Section 1950.6
(a) Notwithstanding Section 1950.5, when a landlord or his
or her agent receives a request to rent a residential property from
an applicant, the...
|
California Civil Code Section 1950.7
(a) Any payment or deposit of money the primary function of
which is to secure the performance of a rental agreement for other
than residential...
|
California Civil Code Section 1950.8
(a) This section applies only to commercial leases and
nonresidential tenancies of real property.
(b) It shall be unlawful for any person to...
|
California Civil Code Section 1951
As used in Sections 1951.2 to 1952.6, inclusive:
(a) "Rent" includes charges equivalent to rent.
(b) "Lease" includes a sublease.
|
California Civil Code Section 1951.2
(a) Except as otherwise provided in Section 1951.4, if a
lessee of real property breaches the lease and abandons the property
before the end of the...
|
California Civil Code Section 1951.3
(a) Real property shall be deemed abandoned by the lessee,
within the meaning of Section 1951.2, and the lease shall terminate
if the lessor gives...
|
California Civil Code Section 1951.4
(a) The remedy described in this section is available only
if the lease provides for this remedy. In addition to any other type
of provision used in
|
California Civil Code Section 1951.5
Section 1671, relating to liquidated damages, applies to a
lease of real property.
|
California Civil Code Section 1951.7
(a) As used in this section, "advance payment" means moneys
paid to the lessor of real property as prepayment of rent, or as a
deposit to secure...
|
California Civil Code Section 1951.8
Nothing in Section 1951.2 or 1951.4 affects the right of
the lessor under a lease of real property to equitable relief where
such relief is...
|
California Civil Code Section 1952
(a) Except as provided in subdivision (c), nothing in
Sections 1951 to 1951.8, inclusive, affects the provisions of Chapter
4 (commencing with...
|
California Civil Code Section 1952.2
Sections 1951 to 1952, inclusive, do not apply to:
(a) Any lease executed before July 1, 1971.
(b) Any lease executed on or after July 1, 1971,
|
California Civil Code Section 1952.3
(a) Except as provided in subdivisions (b) and (c), if the
lessor brings an unlawful detainer proceeding and possession of the
property is no longer...
|
California Civil Code Section 1952.4
An agreement for the exploration for or the removal of
natural resources is not a lease of real property within the meaning
of Sections 1951 to...
|
California Civil Code Section 1952.6
(a) Sections 1951 to 1952.2, inclusive, shall not apply to
any lease or agreement for a lease of real property between any
public entity and any...
|
California Civil Code Section 1952.8
On and after the effective date of this section, no owner
of a gasoline service station shall enter into a lease with any
person for the leasing of...
|
California Civil Code Section 1953
(a) Any provision of a lease or rental agreement of a
dwelling by which the lessee agrees to modify or waive any of the
following rights shall be...
|
California Civil Code Section 1954
(a) A landlord may enter the dwelling unit only in the
following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs,...
|
California Civil Code Section 1954.1
In any general assignment for the benefit of creditors, as
defined in Section 493.010 of the Code of Civil Procedure, the
assignee shall have the...
|
California Civil Code Section 1954.25
The Legislature finds that the price charged for
commercial real property is a matter of statewide concern. Price
controls on commercial rents...
|
California Civil Code Section 1954.26
As used in this chapter, the following terms have the
following meanings:
(a) "Owner" includes any person, acting as principal or through an...
|
California Civil Code Section 1954.27
(a) No public entity shall enact any measure constituting
commercial rental control, nor shall any public entity enforce any
commercial rental...
|
California Civil Code Section 1954.28
Nothing in this chapter limits or affects public entities
with respect to any of the following:
(a) The Eminent Domain Law, Title 7 (commencing...
|
California Civil Code Section 1954.29
Nothing in this chapter shall, with respect to a public
entity:
(a) Grant, enlarge, or diminish any power (1) which it may possess
under the...
|
California Civil Code Section 1954.30
Nothing in this chapter grants or augments any authority
of a public entity which it does not possess independent of this
chapter, nor diminish any ...
|
California Civil Code Section 1954.31
A public entity may by enactment of a statute, charter or
charter amendment, or ordinance, establish a requirement for notice
relating to the...
|
California Civil Code Section 1954.50
This chapter shall be known and may be cited as the
Costa-Hawkins Rental Housing Act.
|
California Civil Code Section 1954.51
As used in this chapter, the following terms have the
following meanings:
(a) "Comparable units" means rental units that have approximately
the...
|
California Civil Code Section 1954.52
(a) Notwithstanding any other provision of law, an owner
of residential real property may establish the initial and all
subsequent rental rates for a
|
California Civil Code Section 1954.53
(a) Notwithstanding any other provision of law, an owner
of residential real property may establish the initial rental rate
for a dwelling or unit,...
|
California Civil Code Section 1954.535
Where an owner terminates or fails to renew a contract or
recorded agreement with a governmental agency that provides for rent
limitations to a...
|
California Civil Code Section 1955
Except as otherwise agreed by the lessor and the lessee in
lease agreements for a term of more than 20 days, one who leases
personal property must...
|
California Civil Code Section 1956
Except as otherwise agreed by the lessor and lessee, a lessee
of personal property must bear all such expenses concerning it as
might naturally be...
|
California Civil Code Section 1957
If a lessor fails to fulfill his or her obligations, as
prescribed by Section 1955, the lessee, after giving him or her
notice to do so, if the...
|
California Civil Code Section 1958
At the expiration of the term for which personal property is
leased, the lessee must return it to the lessor at the place
contemplated by the parties
|
California Civil Code Section 1959
The contract by which a ship is let is termed a charter
party. By it the owner may either let the capacity or burden of the
ship, continuing the...
|
California Civil Code Section 1961
This chapter shall apply to every dwelling structure
containing one or more units offered to the public for rent or for
lease for residential...
|
California Civil Code Section 1962
(a) Any owner of a dwelling structure specified in Section
1961 or a party signing a rental agreement or lease on behalf of the
owner shall do all of
|
California Civil Code Section 1962.5
(a) Notwithstanding subdivisions (a) and (b) of Section
1962, the information required by paragraph (1) of subdivision (a) of
Section 1962 to be...
|
California Civil Code Section 1962.7
In the event an owner, successor owner, manager, or agent
specified in Section 1961 fails to comply with the requirements of
this chapter, service of
|
California Civil Code Section 1965
(a) A residential landlord shall not refuse to surrender, to
a residential tenant or to a residential tenant's duly authorized
representative, any...
|
California Civil Code Section 1980
As used in this chapter:
(a) "Landlord" means any operator, keeper, lessor, or sublessor of
any furnished or unfurnished premises for hire, or his
|
California Civil Code Section 1980.5
Except as provided in Section 1993.01, the provisions of
this chapter shall not apply to commercial real property, as defined
in subdivision (d) of...
|
California Civil Code Section 1981
(a) This chapter provides an optional procedure for the
disposition of personal property that remains on the premises after a
tenancy has terminated...
|
California Civil Code Section 1982
(a) Personal property which the landlord reasonably believes
to have been lost shall be disposed of pursuant to Article 1
(commencing with Section...
|
California Civil Code Section 1983
(a) Where personal property remains on the premises after a
tenancy has terminated and the premises have been vacated by the
tenant, the landlord...
|
California Civil Code Section 1984
(a) A notice given to the former tenant which is in
substantially the following form satisfies the requirements of
Section 1983:
...
|
California Civil Code Section 1985
A notice which is in substantially the following form given
to a person (other than the former tenant) the landlord reasonably
believes to be the...
|
California Civil Code Section 1986
The personal property described in the notice shall either be
left on the vacated premises or be stored by the landlord in a place
of safekeeping...
|
California Civil Code Section 1987
(a) The personal property described in the notice shall be
released by the landlord to the former tenant or, at the landlord's
option, to any person...
|
California Civil Code Section 1988
(a) If the personal property described in the notice is not
released pursuant to Section 1987, it shall be sold at public sale by
competitive...
|
California Civil Code Section 1989
(a) Notwithstanding subdivision (c) of Section 1981, where
the landlord releases to the former tenant property which remains on
the premises after a...
|
California Civil Code Section 1990
(a) Costs of storage which may be required to be paid under
this chapter shall be assessed in the following manner:
(1) Where a former tenant...
|
California Civil Code Section 1991
Where a notice of belief of abandonment is given to a lessee
pursuant to Section 1951.3, the notice to the former tenant given
pursuant to Section...
|
California Civil Code Section 1993
This chapter shall only apply to commercial real property.
As used in this chapter:
(a) "Commercial real property" has the meaning specified in...
|
California Civil Code Section 1993.01
Notwithstanding Section 1980.5, the requirements of
Sections 1982, 1987, and 1990 shall apply to property that is subject
to this chapter.
|
California Civil Code Section 1993.02
(a) This chapter provides an optional procedure for the
disposition of property that remains on the premises after a tenancy
of commercial real...
|
California Civil Code Section 1993.03
(a) If property remains on the premises after a tenancy
has terminated and the premises have been vacated by the tenant, the
landlord shall give...
|
California Civil Code Section 1993.04
(a) A notice given to the former tenant that is in
substantially the following form satisfies the requirements of
Section 1993.03:
Notice of...
|
California Civil Code Section 1993.05
A notice in substantially the following form given to a
person (other than the former tenant) the landlord reasonably
believes to be the owner of...
|
California Civil Code Section 1993.06
The personal property described in the notice shall either
be left on the vacated premises or be stored by the landlord in a
place of safekeeping...
|
California Civil Code Section 1993.07
(a) (1) If the property described in the notice is not
released pursuant to Section 1987, it shall be sold at public sale by
competitive bidding....
|
California Civil Code Section 1993.08
(a) Notwithstanding subdivision (c) of Section 1993.02, if
the landlord releases to the former tenant property that remains on
the premises after a...
|
California Civil Code Section 1993.09
If a notice of belief of abandonment is given to a lessee
pursuant to Section 1951.3, the notice to the former tenant given
pursuant to Section...
|
California Civil Code Section 1995.010
This chapter applies to transfer of a tenant's interest
in a lease of real property for other than residential purposes.
|
California Civil Code Section 1995.020
As used in this chapter:
(a) "Landlord" includes a tenant who is a sublandlord under a
sublease.
(b) "Lease" means a lease or sublease of real...
|
California Civil Code Section 1995.030
Except as provided in Section 1995.270, this chapter
applies to a lease executed before, on, or after January 1, 1990.
|
California Civil Code Section 1995.210
(a) Subject to the limitations in this chapter, a lease
may include a restriction on transfer of the tenant's interest in the
lease.
(b) Unless a...
|
California Civil Code Section 1995.220
An ambiguity in a restriction on transfer of a tenant's
interest in a lease shall be construed in favor of transferability.
|
California Civil Code Section 1995.230
A restriction on transfer of a tenant's interest in a
lease may absolutely prohibit transfer.
|
California Civil Code Section 1995.240
A restriction on transfer of a tenant's interest in a
lease may provide that the transfer is subject to any express
standard or condition, including,
|
California Civil Code Section 1995.250
A restriction on transfer of a tenant's interest in a
lease may require the landlord's consent for transfer subject to any
express standard or...
|
California Civil Code Section 1995.260
If a restriction on transfer of the tenant's interest in
a lease requires the landlord's consent for transfer but provides no
standard for giving or...
|
California Civil Code Section 1995.270
(a) The Legislature finds and declares:
(1) It is the public policy of the state and fundamental to the
commerce and economic development of the...
|
California Civil Code Section 1995.300
A remedy provided by law for violation of the rights of
the tenant or of the landlord concerning transfer of a tenant's
interest in a lease,...
|
California Civil Code Section 1995.310
If a restriction on transfer of a tenant's interest in a
lease requires the landlord's consent for transfer subject to an
express or implied standard
|
California Civil Code Section 1995.320
If a tenant transfers the tenant's interest in a lease in
violation of a restriction on transfer of the tenant's interest in
the lease, in addition...
|
California Civil Code Section 1995.330
(a) An assignee who receives or makes a transfer in
violation of a restriction on transfer of a tenant's interest in a
lease is jointly and severally
|
California Civil Code Section 1995.340
(a) Subject to subdivision (b), a restriction on transfer
of a tenant's interest in a lease applies to a subsequent transfer
by a tenant, an...
|
California Civil Code Section 1997.010
This chapter applies to a restriction on use of leased
property by a tenant under a lease of real property for other than
residential purposes.
|
California Civil Code Section 1997.020
As used in this chapter:
(a) "Landlord" includes a tenant who is a sublandlord under a
sublease.
(b) "Lease" means a lease or sublease of real...
|
California Civil Code Section 1997.030
Nothing in this chapter authorizes a restriction on use
that is otherwise prohibited by law.
|
California Civil Code Section 1997.040
(a) For the purpose of subdivision (a) of Section 1951.2
(damages on termination for breach), the amount of rental loss that
could be or could have...
|
California Civil Code Section 1997.050
Except as provided in Section 1997.270, this chapter
applies to a lease executed before, on, or after January 1, 1992.
|
California Civil Code Section 1997.210
(a) Subject to the limitations in this chapter, a lease
may include a restriction on use of leased property by a tenant.
(b) Unless the lease...
|
California Civil Code Section 1997.220
An ambiguity in a restriction on use of leased property
by a tenant shall be construed in favor of unrestricted use.
|
California Civil Code Section 1997.230
A restriction on use of leased property by a tenant may
absolutely prohibit a change in use.
|
California Civil Code Section 1997.240
A restriction on use of leased property by a tenant may
provide that a change in use is subject to any express standard or
condition.
|
California Civil Code Section 1997.250
A restriction on use of leased property by a tenant may
require the landlord's consent for a change in use subject to any
express standard or...
|
California Civil Code Section 1997.260
If a restriction on use of leased property by a tenant
requires the landlord's consent for a change in use but provides no
standard for giving or...
|
California Civil Code Section 1997.270
(a) Section 1997.260 applies to a restriction on use
executed on or after January 1, 1992. If a restriction on use
executed before January 1, 1992,...
|
California Civil Code Section 2019
An agent must not exceed the limits of his actual authority,
as defined by the Title on Agency.
|
California Civil Code Section 2020
An agent must use ordinary diligence to keep his principal
informed of his acts in the course of the agency.
|
California Civil Code Section 2021
An agent employed to collect a negotiable instrument must
collect it promptly, and take all measures necessary to charge the
parties thereto, in case
|
California Civil Code Section 2022
A mere agent of an agent is not responsible as such to the
principal of the latter.
|
California Civil Code Section 2026
A factor is an agent who, in the pursuit of an independent
calling, is employed by another to sell property for him, and is
vested by the latter with
|
California Civil Code Section 2027
A factor must obey the instructions of his principal to the
same extent as any other employe, notwithstanding any advances he may
have made to his...
|
California Civil Code Section 2028
A factor may sell property consigned to him on such credit as
is usual; but, having once agreed with the purchaser upon the term
of credit, may not...
|
California Civil Code Section 2029
A factor who charges his principal with a guaranty commission
upon a sale, thereby assumes absolutely to pay the price when it
falls due, as if it...
|
California Civil Code Section 2030
A factor who receives property for sale, under a general
agreement or usage to guarantee the sales or the remittance of the
proceeds, cannot relieve...
|
California Civil Code Section 2078
One who officiously, and without the consent of the real or
apparent owner of a thing, takes it into his possession for the
purpose of rendering a...
|
California Civil Code Section 2079
(a) It is the duty of a real estate broker or salesperson,
licensed under Division 4 (commencing with Section 10000) of the
Business and Professions...
|
California Civil Code Section 2079.1
The provisions of this article relating sale transactions
of residential real property comprising one to four dwelling units
apply with equal force...
|
California Civil Code Section 2079.2
The standard of care owed by a broker under this article is
the degree of care that a reasonably prudent real estate licensee
would exercise and is...
|
California Civil Code Section 2079.3
The inspection to be performed pursuant to this article
does not include or involve an inspection of areas that are
reasonably and normally...
|
California Civil Code Section 2079.4
In no event shall the time for commencement of legal
action for breach of duty imposed by this article exceed two years
from the date of possession,
|
California Civil Code Section 2079.5
Nothing in this article relieves a buyer or prospective
buyer of the duty to exercise reasonable care to protect himself or
herself, including those...
|
California Civil Code Section 2079.6
This article does not apply to transfers which are required
to be preceded by the furnishing, to a prospective transferee, of a
copy of a public...
|
California Civil Code Section 2079.7
(a) If a consumer information booklet described in Section
10084.1 of the Business and Professions Code is delivered to a
transferee in connection...
|
California Civil Code Section 2079.8
(a) If a Homeowner's Guide to Earthquake Safety described
in Section 10149 of the Business and Professions Code is delivered to
a transferee in...
|
California Civil Code Section 2079.9
(a) If a Commercial Property Owner's Guide to Earthquake
Safety described in Section 10147 of the Business and Professions
Code is delivered to a...
|
California Civil Code Section 2079.10
(a) If the informational booklet published pursuant to
Section 25402.9 of the Public Resources Code, concerning the
statewide home energy rating...
|
California Civil Code Section 2079.10a
(a) Every lease or rental agreement for residential real
property entered into on or after July 1, 1999, and every contract
for the sale of...
|
California Civil Code Section 2079.11
(a) Except as provided in subdivision (b), to the extent
permitted by law, the consumer information publications referred to
in this article,...
|
California Civil Code Section 2079.12
(a) The Legislature hereby finds and declares all of the
following:
(1) That the imprecision of terms in the opinion rendered in
Easton v. ...
|
California Civil Code Section 2079.13
As used in Sections 2079.14 to 2079.24, inclusive, the
following terms have the following meanings:
(a) "Agent" means a person acting under...
|
California Civil Code Section 2079.14
Listing agents and selling agents shall provide the seller
and buyer in a real property transaction with a copy of the
disclosure form specified in...
|
California Civil Code Section 2079.15
In any circumstance in which the seller or buyer refuses
to sign an acknowledgment of receipt pursuant to Section 2079.14, the
agent, or an associate
|
California Civil Code Section 2079.16
The disclosure form required by Section 2079.14 shall have
Sections 2079.13 to 2079.24, inclusive, excluding this section,
printed on the back, and...
|
California Civil Code Section 2079.17
(a) As soon as practicable, the selling agent shall
disclose to the buyer and seller whether the selling agent is acting
in the real property...
|
California Civil Code Section 2079.18
No selling agent in a real property transaction may act as
an agent for the buyer only, when the selling agent is also acting
as the listing agent in
|
California Civil Code Section 2079.19
The payment of compensation or the obligation to pay
compensation to an agent by the seller or buyer is not necessarily
determinative of a particular
|
California Civil Code Section 2079.20
Nothing in this article prevents an agent from selecting,
as a condition of the agent's employment, a specific form of agency
relationship not...
|
California Civil Code Section 2079.21
A dual agent shall not disclose to the buyer that the
seller is willing to sell the property at a price less than the
listing price, without the...
|
California Civil Code Section 2079.22
Nothing in this article precludes a listing agent from
also being a selling agent, and the combination of these functions in
one agent does not, of...
|
California Civil Code Section 2079.23
A contract between the principal and agent may be modified
or altered to change the agency relationship at any time before the
performance of the act
|
California Civil Code Section 2079.24
Nothing in this article shall be construed to either
diminish the duty of disclosure owed buyers and sellers by agents and
their associate licensees,
|
California Civil Code Section 2080
Any person who finds a thing lost is not bound to take charge
of it, unless the person is otherwise required to do so by contract
or law, but when...
|
California Civil Code Section 2080.1
(a) If the owner is unknown or has not claimed the
property, the person saving or finding the property shall, if the
property is of the value of one...
|
California Civil Code Section 2080.2
If the owner appears within 90 days, after receipt of the
property by the police department or sheriff's department, proves his
ownership of the...
|
California Civil Code Section 2080.3
(a) If the reported value of the property is two hundred
fifty dollars ($250) or more and no owner appears and proves his or
her ownership of the...
|
California Civil Code Section 2080.4
Notwithstanding the provisions of Section 2080.3 or Section
2080.6, the legislative body of any city, city and county, or county
may provide by...
|
California Civil Code Section 2080.5
The police department or sheriff's department may sell such
property by public auction, in the manner and upon the notice of
sale of personal...
|
California Civil Code Section 2080.6
(a) Any public agency may elect to be governed by the
provisions of this article with respect to disposition of personal
property found or saved on...
|
California Civil Code Section 2080.7
The provisions of this article have no application to
things which have been intentionally abandoned by their owner.
|
California Civil Code Section 2080.8
The Regents of the University of California may provide by
resolution or regulation for the care, restitution, sale or
destruction of unclaimed...
|
California Civil Code Section 2080.9
The Trustees of the California State University may provide
by resolution or regulation for the care, restitution, sale, or
destruction of unclaimed,
|
California Civil Code Section 2080.10
(a) When a public agency obtains possession of personal
property from a person for temporary safekeeping, the public agency
shall do all of the...
|
California Civil Code Section 2081
When any goods, merchandise, or other property has been
received by any railroad or express company, other common carrier,
commission merchant,...
|
California Civil Code Section 2081.1
If within 60 days after its receipt no person calls for the
property and pays the freight and charges upon it, the carrier,
commission merchant,...
|
California Civil Code Section 2081.2
If any surplus remains after paying the freight, storage,
expenses of sale, and other reasonable charges, the sum remaining
shall be paid over to the
|
California Civil Code Section 2081.3
If the owner or his agent fails to demand the surplus
within 60 days after the sale, it shall be paid into the county
treasury, subject to the order...
|
California Civil Code Section 2081.4
After the storage of the property the responsibility of the
carrier, commission merchant, innkeeper, or warehouseman ceases.
The person with whom the
|
California Civil Code Section 2081.5
When any commission merchant or warehouseman receives
produce, merchandise, or other property on consignment and makes
advances upon it, either to...
|
California Civil Code Section 2081.6
All proceedings pursuant to this article are governed
entirely by its provisions and are not controlled or affected by
Article 2, Chapter 3, Title 7,
|
California Civil Code Section 2082
The fees of officers under this chapter are the same allowed
by law for similar services, and shall be paid by the taker up or
finder and recovered...
|
California Civil Code Section 2085
The contract of carriage is a contract for the conveyance of
property, persons, or messages, from one place to another.
|
California Civil Code Section 2086
Carriage is either:
1. Inland; or,
2. Marine.
|
California Civil Code Section 2087
Carriers upon the ocean and upon arms of the sea are marine
carriers. All others are inland carriers.
|
California Civil Code Section 2088
Rights and duties peculiar to carriers by sea are defined by
Acts of Congress.
|
California Civil Code Section 2089
Carriers without reward are subject to the same rules as
employG s without reward, except so far as is otherwise provided by
this Title.
|
California Civil Code Section 2090
A carrier without reward, who has begun to perform his
undertaking, must complete it in like manner as if he had received a
reward, unless he...
|
California Civil Code Section 2096
A carrier of persons without reward must use ordinary care
and diligence for their safe carriage.
|
California Civil Code Section 2100
A carrier of persons for reward must use the utmost care and
diligence for their safe carriage, must provide everything necessary
for that purpose,...
|
California Civil Code Section 2101
A carrier of persons for reward is bound to provide vehicles
safe and fit for the purposes to which they are put, and is not
excused for default in...
|
California Civil Code Section 2102
A carrier of persons for reward must not overcrowd or
overload his vehicle.
|
California Civil Code Section 2103
A carrier of persons for reward must give to passengers all
such accommodations as are usual and reasonable, and must treat them
with civility, and...
|
California Civil Code Section 2104
A carrier of persons for reward must travel at a reasonable
rate of speed, and without any unreasonable delay, or deviation from
his proper route.
|
California Civil Code Section 2110
Property carried is called freight; the reward, if any, to be
paid for its carriage is called freightage; the person who delivers
the freight to the...
|
California Civil Code Section 2114
A carrier of property for reward must use at least ordinary
care and diligence in the performance of all his duties. A carrier
without reward must...
|
California Civil Code Section 2115
Subject to Section 7303 of the Uniform Commercial Code, a
carrier must comply with the directions of the consignor or consignee
to the same extent...
|
California Civil Code Section 2118
Subject to Section 7303 of the Uniform Commercial Code, a
carrier of property must deliver it to the consignee, at the place to
which it is...
|
California Civil Code Section 2119
If there is no usage to the contrary at the place of
delivery, freight must be delivered as follows:
1. If carried upon a railway owned or managed
|
California Civil Code Section 2136
A carrier may require his freightage to be paid upon his
receiving the freight; but if he does not demand it then, he cannot
until he is ready to...
|
California Civil Code Section 2137
The consignor of freight is presumed to be liable for the
freightage, but if the contract between him and the carrier provides
that the consignee...
|
California Civil Code Section 2138
The consignee of freight is liable for the freightage, if he
accepts the freight with notice of the intention of the consignor
that he should pay it.
|
California Civil Code Section 2139
No freightage can be charged upon the natural increase of
freight.
|
California Civil Code Section 2140
If freightage is apportioned by a bill of lading or other
contract made between a consignor and carrier, the carrier is
entitled to payment,...
|
California Civil Code Section 2141
If a part of the freight is accepted by a consignee, without
a specific objection that the rest is not delivered, the freightage
must be apportioned...
|
California Civil Code Section 2142
If a consignee voluntarily receives freight at a place short
of the one appointed for delivery, the carrier is entitled to a just
proportion of the...
|
California Civil Code Section 2143
If freight is carried further, or more expeditiously, than
was agreed upon by the parties, the carrier is not entitled to
additional compensation,...
|
California Civil Code Section 2144
A carrier has a lien for (a) freightage and for services
rendered at request of shipper or consignee in and about the
transportation of the property,
|
California Civil Code Section 2161
A carrier of messages for reward, other than by telegraph or
telephone, must deliver them at the place to which they are
addressed, or to the person...
|
California Civil Code Section
|
California Civil Code Section 2169
A common carrier must, if able to do so, accept and carry
whatever is offered to him, at a reasonable time and place, of a kind
that he undertakes or
|
California Civil Code Section 2170
A common carrier must not give preference in time, price, or
otherwise, to one person over another. Every common carrier of
passengers by railroad,...
|
California Civil Code Section 2171
A common carrier must always give a preference in time, and
may give a preference in price, to the United States and to this
State.
(2172.) Section
|
California Civil Code Section 2173
A common carrier is entitled to a reasonable compensation and
no more, which he may require to be paid in advance. If payment
thereof is refused, he
|
California Civil Code Section 2175
A common carrier cannot be exonerated, by any agreement made
in anticipation thereof, from liability for the gross negligence,
fraud, or willful...
|
California Civil Code Section 2178
A common carrier of property by steam or electric railroad
which accepts for transportation, storage, handling or safe-keeping,
as a part of or in...
|
California Civil Code Section 2180
A common carrier of persons, unless his vehicle is fitted for
the reception of persons exclusively, must receive and carry a
reasonable amount of...
|
California Civil Code Section 2181
Luggage may consist of whatever the passenger takes with him
for his personal use and convenience, according to the habits or
wants of the particular
|
California Civil Code Section 2182
The liability of a carrier for luggage received by him with a
passenger is the same as that of a common carrier of property.
(2183.) Section...
|
California Civil Code Section 2184
A common carrier of persons must provide a sufficient number
of vehicles to accommodate all the passengers who can be reasonably
expected to require...
|
California Civil Code Section 2185
A common carrier of persons must provide every passenger with
a seat. He must not overload his vehicle by receiving and carrying
more passengers...
|
California Civil Code Section 2186
A common carrier of persons may make rules for the conduct of
his business, and may require passengers to conform to them, if they
are lawful,...
|
California Civil Code Section 2187
A common carrier may demand the fare of passengers, either at
starting or at any subsequent time.
|
California Civil Code Section 2188
A passenger who refuses to pay his fare or to conform to any
lawful regulation of the carrier, may be ejected from the vehicle by
the carrier. But...
|
California Civil Code Section 2190
After having ejected a passenger, a carrier has no right to
require the payment of any part of his fare.
|
California Civil Code Section 2191
A common carrier has a lien upon the luggage of a passenger
for the payment of such fare as he is entitled to from him. This
lien is regulated by...
|
California Civil Code Section 2194
Unless the consignor accompanies the freight and retains
exclusive control thereof, an inland common carrier of property is
liable, from the time...
|
California Civil Code Section 2195
A common carrier is liable, even in the cases excepted by the
last section, if his want of ordinary care exposes the property to
the cause of the...
|
California Civil Code Section 2197
(a) Liability for storage or equipment rental charges
assessed against a motor carrier by a railroad or steamship company
shall be as follows if the...
|
California Civil Code Section 2197.5
(a) In addition to the liability established by Section
2197, the consignee is liable to the motor carrier for the charges if
the freight is shipped...
|
California Civil Code Section 2203
In respect to any service rendered by a common carrier about
freight, other than its carriage and delivery, his rights and
obligations are defined by
|
California Civil Code Section 2205
The liability of any stageline, transfer company, or other
common carriers operating over the public highways for the loss of or
for damage to any...
|
California Civil Code Section 2207
A carrier of messages by telegraph must, if it is
practicable, transmit every such message immediately upon its
receipt. But if this is not...
|
California Civil Code Section 2208
A common carrier of messages, otherwise than by telegraph,
must transmit messages in the order in which he receives them, except
messages from agents
|
California Civil Code Section 2209
Every person whose message is refused or postponed, contrary
to the provisions of this Chapter, is entitled to recover from the
carrier his actual...
|
California Civil Code Section 2223
One who wrongfully detains a thing is an involuntary trustee
thereof, for the benefit of the owner.
|
California Civil Code Section 2224
One who gains a thing by fraud, accident, mistake, undue
influence, the violation of a trust, or other wrongful act, is,
unless he or she has some...
|
California Civil Code Section 2225
(a) As used in this section:
(1) "Convicted felon" means any person convicted of a felony, or
found not guilty by reason of insanity of a felony...
|
California Civil Code Section 2295
An agent is one who represents another, called the principal,
in dealings with third persons. Such representation is called
agency.
|
California Civil Code Section 2296
Any person having capacity to contract may appoint an agent,
and any person may be an agent.
|
California Civil Code Section 2297
An agent for a particular act or transaction is called a
special agent. All others are general agents.
|
California Civil Code Section 2298
An agency is either actual or ostensible.
|
California Civil Code Section 2299
An agency is actual when the agent is really employed by the
principal.
|
California Civil Code Section 2300
An agency is ostensible when the principal intentionally, or
by want of ordinary care, causes a third person to believe another to
be his agent who...
|
California Civil Code Section 2304
An agent may be authorized to do any acts which his principal
might do, except those to which the latter is bound to give his
personal attention.
|
California Civil Code Section 2305
Every act which, according to this Code, may be done by or to
any person, may be done by or to the agent of such person for that
purpose, unless a...
|
California Civil Code Section 2306
An agent can never have authority, either actual or
ostensible, to do an act which is, and is known or suspected by the
person with whom he deals, to
|
California Civil Code Section 2307
An agency may be created, and an authority may be conferred,
by a precedent authorization or a subsequent ratification.
|
California Civil Code Section 2308
A consideration is not necessary to make an authority,
whether precedent or subsequent, binding upon the principal.
|
California Civil Code Section 2309
An oral authorization is sufficient for any purpose, except
that an authority to enter into a contract required by law to be in
writing can only be...
|
California Civil Code Section 2310
A ratification can be made only in the manner that would have
been necessary to confer an original authority for the act ratified,
or where an oral...
|
California Civil Code Section 2311
Ratification of part of an indivisible transaction is a
ratification of the whole.
|
California Civil Code Section 2312
A ratification is not valid unless, at the time of ratifying
the act done, the principal has power to confer authority for such an
act.
|
California Civil Code Section 2313
No unauthorized act can be made valid, retroactively, to the
prejudice of third persons, without their consent.
|
California Civil Code Section 2314
A ratification may be rescinded when made without such
consent as is required in a contract, or with an imperfect knowledge
of the material facts of...
|
California Civil Code Section 2315
An agent has such authority as the principal, actually or
ostensibly, confers upon him.
|
California Civil Code Section 2316
Actual authority is such as a principal intentionally confers
upon the agent, or intentionally, or by want of ordinary care,
allows the agent to...
|
California Civil Code Section 2317
Ostensible authority is such as a principal, intentionally or
by want of ordinary care, causes or allows a third person to believe
the agent to...
|
California Civil Code Section 2318
Every agent has actually such authority as is defined by this
Title, unless specially deprived thereof by his principal, and has
even then such...
|
California Civil Code Section 2319
An agent has authority:
1. To do everything necessary or proper and usual, in the ordinary
course of business, for effecting the purpose of his...
|
California Civil Code Section 2320
An agent has power to disobey instructions in dealing with
the subject of the agency, in cases where it is clearly for the
interest of his principal...
|
California Civil Code Section 2321
When an authority is given partly in general and partly in
specific terms, the general authority gives no higher powers than
those specifically...
|
California Civil Code Section 2322
An authority expressed in general terms, however broad, does
not authorize an agent to do any of the following:
(a) Act in the agent's own name,...
|
California Civil Code Section 2323
An authority to sell personal property includes authority to
warrant the title of the principal, and the quality and quantity of
the property.
|
California Civil Code Section 2324
An authority to sell and convey real property includes
authority to give the usual convenants of warranty.
|
California Civil Code Section 2325
A general agent to sell, who is intrusted by the principal
with the possession of the thing sold, has authority to receive the
price.
|
California Civil Code Section 2326
A special agent to sell has authority to receive the price on
delivery of the thing sold, but not afterwards.
|
California Civil Code Section 2330
An agent represents his principal for all purposes within the
scope of his actual or ostensible authority, and all the rights and
liabilities which...
|
California Civil Code Section 2331
A principal is bound by an incomplete execution of an
authority, when it is consistent with the whole purpose and scope
thereof, but not otherwise.
|
California Civil Code Section 2332
As against a principal, both principal and agent are deemed
to have notice of whatever either has notice of, and ought, in good
faith and the...
|
California Civil Code Section 2333
When an agent exceeds his authority, his principal is bound
by his authorized acts so far only as they can be plainly separated
from those which are...
|
California Civil Code Section 2334
A principal is bound by acts of his agent, under a merely
ostensible authority, to those persons only who have in good faith,
and without want of...
|
California Civil Code Section 2335
If exclusive credit is given to an agent by the person
dealing with him, his principal is exonerated by payment or other
satisfaction made by him to...
|
California Civil Code Section 2336
One who deals with an agent without knowing or having reason
to believe that the agent acts as such in the transaction, may set
off against any claim
|
California Civil Code Section 2337
An instrument within the scope of his authority by which an
agent intends to bind his principal, does bind him if such intent is
plainly inferable...
|
California Civil Code Section 2338
Unless required by or under the authority of law to employ
that particular agent, a principal is responsible to third persons
for the negligence of...
|
California Civil Code Section 2339
A principal is responsible for no other wrongs committed by
his agent than those mentioned in the last section, unless he has
authorized or ratified...
|
California Civil Code Section 2314
A ratification may be rescinded when made without such
consent as is required in a contract, or with an imperfect knowledge
of the material facts of...
|
California Civil Code Section 2315
An agent has such authority as the principal, actually or
ostensibly, confers upon him.
|
California Civil Code Section 2316
Actual authority is such as a principal intentionally confers
upon the agent, or intentionally, or by want of ordinary care,
allows the agent to...
|
California Civil Code Section 2317
Ostensible authority is such as a principal, intentionally or
by want of ordinary care, causes or allows a third person to believe
the agent to...
|
California Civil Code Section 2318
Every agent has actually such authority as is defined by this
Title, unless specially deprived thereof by his principal, and has
even then such...
|
California Civil Code Section 2319
An agent has authority:
1. To do everything necessary or proper and usual, in the ordinary
course of business, for effecting the purpose of his...
|
California Civil Code Section 2320
An agent has power to disobey instructions in dealing with
the subject of the agency, in cases where it is clearly for the
interest of his principal...
|
California Civil Code Section 2321
When an authority is given partly in general and partly in
specific terms, the general authority gives no higher powers than
those specifically...
|
California Civil Code Section 2322
An authority expressed in general terms, however broad, does
not authorize an agent to do any of the following:
(a) Act in the agent's own name,...
|
California Civil Code Section 2323
An authority to sell personal property includes authority to
warrant the title of the principal, and the quality and quantity of
the property.
|
California Civil Code Section 2324
An authority to sell and convey real property includes
authority to give the usual convenants of warranty.
|
California Civil Code Section 2325
A general agent to sell, who is intrusted by the principal
with the possession of the thing sold, has authority to receive the
price.
|
California Civil Code Section 2326
A special agent to sell has authority to receive the price on
delivery of the thing sold, but not afterwards.
|
California Civil Code Section 2342
One who assumes to act as an agent thereby warrants, to all
who deal with him in that capacity, that he has the authority which
he assumes.
|
California Civil Code Section 2343
One who assumes to act as an agent is responsible to third
persons as a principal for his acts in the course of his agency, in
any of the following...
|
California Civil Code Section 2344
If an agent receives anything for the benefit of his
principal, to the possession of which another person is entitled, he
must, on demand, surrender...
|
California Civil Code Section 2345
The provisions of this Article are subject to the provisions
of Part I, Division First, of this Code.
|
California Civil Code Section 2349
An agent, unless specially forbidden by his principal to do
so, can delegate his powers to another person in any of the following
cases, and in no...
|
California Civil Code Section 2350
If an agent employs a sub-agent without authority, the former
is a principal and the latter his agent, and the principal of the
former has no...
|
California Civil Code Section 2351
A sub-agent, lawfully appointed, represents the principal in
like manner with the original agent; and the original agent is not
responsible to third...
|
California Civil Code Section 2355
An agency is terminated, as to every person having notice
thereof, by any of the following:
(a) The expiration of its term.
(b) The extinction...
|
California Civil Code Section 2356
(a) Unless the power of an agent is coupled with an interest
in the subject of the agency, it is terminated by any of the
following:
(1) Its...
|
California Civil Code Section 2357
For the purposes of subdivision (b) of Section 2356, in the
case of a principal who is an absentee as defined in Section 1403 of
the Probate Code, a...
|
California Civil Code Section 2362
An auctioneer, in the absence of special authorization or
usage to the contrary, has authority from the seller, only as
follows:
1. To sell by...
|
California Civil Code Section 2363
An auctioneer has authority from a bidder at the auction, as
well as from the seller, to bind both by a memorandum of the
contract, as prescribed in...
|
California Civil Code Section 2367
A factor is an agent, as defined by Section 2026.
|
California Civil Code Section 2368
In addition to the authority of agents in general, a factor
has actual authority from his principal, unless specially restricted:
1. To insure...
|
California Civil Code Section 2369
A factor has ostensible authority to deal with the property
of his principal as his own, in transactions with persons not having
notice of the actual
|
California Civil Code Section 2400
Powers of attorney are governed by the Power of Attorney Law
(Division 4.5 (commencing with Section 4000) of the Probate Code) to
the extent provided
|
California Civil Code Section 2500
As used in this title:
(a) "Royalty recipient" means a party to a contract for the
furnishing of services in the production of sound recordings,...
|
California Civil Code Section 2501
Notwithstanding any provision of a contract described in
Section 2500:
(a) A royalty recipient may audit the books and records of the
royalty...
|
California Civil Code Section 2527
(a) On or after January 1, 1984, no prescription drug claims
processor, as defined in subdivision (b), shall enter into or perform
any provision of...
|
California Civil Code Section 2528
A violation of Section 2527 may result only in imposition of
a civil remedy, which includes, but is not limited to, imposition of
statutory damages...
|
California Civil Code Section 2772
Indemnity is a contract by which one engages to save another
from a legal consequence of the conduct of one of the parties, or of
some other person.
|
California Civil Code Section 2774
An agreement to indemnify a person against an act already
done, is valid, even though the act was known to be wrongful, unless
it was a felony.
|
California Civil Code Section 2775
An agreement to indemnify against the acts of a certain
person, applies not only to his acts and their consequences, but also
to those of his agents.
|
California Civil Code Section 2776
An agreement to indemnify several persons applies to each,
unless a contrary intention appears.
|
California Civil Code Section 2777
One who indemnifies another against an act to be done by the
latter, is liable jointly with the person indemnified, and
separately, to every person...
|
California Civil Code Section 2778
In the interpretation of a contract of indemnity, the
following rules are to be applied, unless a contrary intention
appears:
1. Upon an indemnity
|
California Civil Code Section 2779
Where one, at the request of another, engages to answer in
damages, whether liquidated or unliquidated, for any violation of
duty on the part of the...
|
California Civil Code Section 2782
(a) Except as provided in Sections 2782.1, 2782.2, 2782.5,
and 2782.6, provisions, clauses, covenants, or agreements contained
in, collateral to, or...
|
California Civil Code Section 2782.1
Nothing contained in Section 2782 shall prevent a
contractor responsible for the performance of a construction
contract, as defined in Section 2783,...
|
California Civil Code Section 2782.2
(a) Nothing contained in subdivision (a) of Section 2782
prevents an agreement to indemnify a professional engineer against
liability for the...
|
California Civil Code Section 2782.5
Nothing contained in Section 2782 shall prevent a party to
a construction contract and the owner or other party for whose
account the construction...
|
California Civil Code Section 2782.6
(a) Nothing in subdivision (a) of Section 2782 prevents an
agreement to indemnify a professional engineer or geologist or the
agents, servants,...
|
California Civil Code Section 2782.8
(a) For all contracts, and amendments thereto, entered into
on or after January 1, 2007, with a public agency for design
professional services, all...
|
California Civil Code Section 2782.9
(a) All contracts, provisions, clauses, amendments, or
agreements contained therein entered into after January 1, 2009, for
a residential...
|
California Civil Code Section 2782.95
For any wrap-up insurance policy or other consolidated
insurance program that insures a private residential (as that term is
used in Title 7...
|
California Civil Code Section 2782.96
If an owner, builder, or general contractor obtains a
wrap-up insurance policy or other consolidated insurance program for
a public work as defined...
|
California Civil Code Section 2783
As used in Sections 2782 and 2782.5, "construction contract"
is defined as any agreement or understanding, written or oral,
respecting the...
|
California Civil Code Section 2784
As used in Sections 2782 and 2782.5, a "design defect" is
defined as a condition arising out of its design which renders a
structure, item of...
|
California Civil Code Section 2784.5
Any provision, promise, agreement, clause, or covenant
contained in, collateral to, or affecting any hauling, trucking, or
cartage contract or...
|
California Civil Code Section 2787
The distinction between sureties and guarantors is hereby
abolished. The terms and their derivatives, wherever used in this
code or in any other...
|
California Civil Code Section 2788
A person may become surety even without the knowledge or
consent of the principal.
|
California Civil Code Section 2792
Where a suretyship obligation is entered into at the same
time with the original obligation, or with the acceptance of the
latter by the creditor,...
|
California Civil Code Section 2793
Except as prescribed by the next section, a suretyship
obligation must be in writing, and signed by the surety; but the
writing need not express a...
|
California Civil Code Section 2794
A promise to answer for the obligation of another, in any of
the following cases, is deemed an original obligation of the
promisor, and need not be...
|
California Civil Code Section 2795
Unless notice of acceptance is expressly required, an offer
to become a surety may be accepted by acting upon it, or by
acceptance upon other...
|
California Civil Code Section 2799
In an assumption of liability as surety in connection with a
contract, the terms of which are not then settled, it is implied that
its terms shall be
|
California Civil Code Section 2800
A guaranty to the effect that an obligation is good, or is
collectible, imports that the debtor is solvent, and that the demand
is collectible by the
|
California Civil Code Section 2801
A guaranty, such as is mentioned in the last section, is not
discharged by an omission to take proceedings upon the principal
debt, or upon any...
|
California Civil Code Section 2802
In the cases mentioned in Section 2800, the removal of the
principal from the State, leaving no property therein from which the
obligation might be...
|
California Civil Code Section 2806
A suretyship obligation is to be deemed unconditional unless
its terms import some condition precedent to the liability of the
surety.
|
California Civil Code Section 2807
A surety who has assumed liability for payment or performance
is liable to the creditor immediately upon the default of the
principal, and without...
|
California Civil Code Section 2808
Where one assumes liability as surety upon a conditional
obligation, his liability is commensurate with that of the principal,
and he is not entitled
|
California Civil Code Section 2809
The obligation of a surety must be neither larger in amount
nor in other respects more burdensome than that of the principal; and
if in its terms it...
|
California Civil Code Section 2810
A surety is liable, notwithstanding any mere personal
disability of the principal, though the disability be such as to make
the contract void against
|
California Civil Code Section 2811
Any party required to give a bond undertaking or other
obligation may agree with his surety for the deposit of any money and
assets for which the...
|
California Civil Code Section 2814
A guaranty relating to a future liability of the principal,
under successive transactions, which either continue his liability or
from time to time...
|
California Civil Code Section 2815
A continuing guaranty may be revoked at any time by the
guarantor, in respect to future transactions, unless there is a
continuing consideration as...
|
California Civil Code Section 2819
A surety is exonerated, except so far as he or she may be
indemnified by the principal, if by any act of the creditor, without
the consent of the...
|
California Civil Code Section 2820
That a promise by a creditor is for any cause void, or
voidable by him at his option, shall not prevent it from altering the
obligation or suspending
|
California Civil Code Section 2821
The rescission of an agreement altering the original
obligation of a debtor, or impairing the remedy of a creditor, does
not restore the liability of
|
California Civil Code Section 2822
(a) The acceptance, by a creditor, of anything in partial
satisfaction of an obligation, reduces the obligation of a surety
thereof, in the same...
|
California Civil Code Section 2823
Mere delay on the part of a creditor to proceed against the
principal, or to enforce any other remedy, does not exonerate a
surety.
|
California Civil Code Section 2824
A surety, who has been indemnified by the principal, is
liable to the creditor to the extent of the indemnity,
notwithstanding that the creditor,...
|
California Civil Code Section 2825
A surety is not exonerated by the discharge of his principal
by operation of law, without the intervention or omission of the
creditor.
|
California Civil Code Section 2832
One who appears to be a principal, whether by the terms of a
written instrument or otherwise, may show that he is in fact a
surety, except as against
|
California Civil Code Section 2837
In interpreting the terms of a contract of suretyship, the
same rules are to be observed as in the case of other contracts.
Except as provided in...
|
California Civil Code Section 2838
Notwithstanding the recovery of judgment by a creditor
against a surety, the latter still occupies the relation of surety.
(2839.) Section...
|
California Civil Code Section 2845
A surety may require the creditor, subject to Section 996.440
of the Code of Civil Procedure, to proceed against the principal, or
to pursue any...
|
California Civil Code Section 2846
A surety may compel his principal to perform the obligation
when due.
|
California Civil Code Section 2847
If a surety satisfies the principal obligation, or any part
thereof, whether with or without legal proceedings, the principal is
bound to reimburse...
|
California Civil Code Section 2848
A surety, upon satisfying the obligation of the principal, is
entitled to enforce every remedy which the creditor then has against
the principal to...
|
California Civil Code Section 2849
A surety is entitled to the benefit of every security for the
performance of the principal obligation held by the creditor, or by
a co-surety at the...
|
California Civil Code Section 2850
Whenever property of a surety is hypothecated with property
of the principal, the surety is entitled to have the property of the
principal first...
|
California Civil Code Section 2854
A creditor is entitled to the benefit of everything which a
surety has received from the debtor by way of security for the
performance of the...
|
California Civil Code Section 2855
An arbitration award rendered against a principal alone shall
not be, be deemed to be, or be utilized as, an award against his
surety.
The intent...
|
California Civil Code Section 2856
(a) Any guarantor or other surety, including a guarantor of a
note or other obligation secured by real property or an estate for
years, may waive any
|
California Civil Code Section 2860
(a) If the provisions of a policy of insurance impose a duty
to defend upon an insurer and a conflict of interest arises which
creates a duty on the...
|
California Civil Code Section 2872
A lien is a charge imposed in some mode other than by a
transfer in trust upon specific property by which it is made security
for the performance of...
|
California Civil Code Section 2873
Liens are either general or special.
|
California Civil Code Section 2874
A general lien is one which the holder thereof is entitled to
enforce as a security for the performance of all the obligations, or
all of a...
|
California Civil Code Section 2875
A special lien is one which the holder thereof can enforce
only as security for the performance of a particular act or
obligation, and of such...
|
California Civil Code Section 2876
Where the holder of a special lien is compelled to satisfy a
prior lien for his own protection, he may enforce payment of the
amount so paid by him,...
|
California Civil Code Section 2877
Contracts of mortgage, pledge, bottomry, or respondentia, are
subject to all the provisions of this Chapter.
|
California Civil Code Section 2881
A lien is created:
1. By contract of the parties; or,
2. By operation of law.
|
California Civil Code Section 2882
No lien arises by mere operation of law until the time at
which the act to be secured thereby ought to be performed.
|
California Civil Code Section 2883
(a) An agreement may be made to create a lien upon property
not yet acquired by the party agreeing to give the lien, or not yet
in existence. In...
|
California Civil Code Section 2884
A lien may be created by contract, to take immediate effect,
as security for the performance of obligations not then in existence.
|
California Civil Code Section 2885
Any state agency, upon recording a state tax lien against
real property, shall mail written notice of the recordation to the
tax debtor, unless...
|
California Civil Code Section 2888
Notwithstanding an agreement to the contrary, a lien, or a
contract for a lien, transfers no title to the property subject to
the lien.
|
California Civil Code Section 2889
All contracts for the forfeiture of property subject to a
lien, in satisfaction of the obligation secured thereby, and all
contracts in restraint of...
|
California Civil Code Section 2890
The creation of a lien does not of itself imply that any
person is bound to perform the act for which the lien is a security.
|
California Civil Code Section 2891
The existence of a lien upon property does not of itself
entitle the person in whose favor it exists to a lien upon the same
property for the...
|
California Civil Code Section 2892
One who holds property by virtue of a lien thereon, is not
entitled to compensation from the owner thereof for any trouble or
expense which he incurs
|
California Civil Code Section 2897
Other things being equal, different liens upon the same
property have priority according to the time of their creation,
except in cases of bottomry...
|
California Civil Code Section 2898
(a) A mortgage or deed of trust given for the price of real
property, at the time of its conveyance, has priority over all other
liens created...
|
California Civil Code Section 2899
Where one has a lien upon several things, and other persons
have subordinate liens upon, or interests in, some but not all of the
same things, the...
|
California Civil Code Section 2903
Every person, having an interest in property subject to a
lien, has a right to redeem it from the lien, at any time after the
claim is due, and...
|
California Civil Code Section 2904
One who has a lien inferior to another, upon the same
property, has a right:
1. To redeem the property in the same manner as its owner might,
from
|
California Civil Code Section 2905
Redemption from a lien is made by performing, or offering to
perform, the act for the performance of which it is a security, and
paying, or offering...
|
California Civil Code Section 2906
An option granted to a secured party by a debtor to acquire
an interest in real property collateral takes priority as of its
recording and is...
|
California Civil Code Section 2909
A lien is to be deemed accessory to the act for the
performance of which it is a security, whether any person is bound
for such performance or not,...
|
California Civil Code Section 2910
The sale of any property on which there is a lien, in
satisfaction of the claim secured thereby, or in case of personal
property, its wrongful...
|
California Civil Code Section 2911
A lien is extinguished by the lapse of time within which,
under the provisions of the Code of Civil Procedure, either:
1. An action can be brought
|
California Civil Code Section 2912
The partial performance of an act secured by a lien does not
extinguish the lien upon any part of the property subject thereto,
even if it is...
|
California Civil Code Section 2913
The voluntary restoration of property to its owner by the
holder of a lien thereon dependent upon possession extinguishes the
lien as to such...
|
California Civil Code Section 2914
None of the provisions of this chapter apply to any
transaction or security interest governed by the Uniform Commercial
Code.
|
California Civil Code Section 2920
(a) A mortgage is a contract by which specific property,
including an estate for years in real property, is hypothecated for
the performance of an...
|
California Civil Code Section 2921
A mortgage may be created upon property held adversely to the
mortgagor.
|
California Civil Code Section 2922
A mortgage can be created, renewed, or extended, only by
writing, executed with the formalities required in the case of a
grant of real property.
|
California Civil Code Section 2923
The lien of a mortgage is special, unless otherwise expressly
agreed, and is independent of possession.
|
California Civil Code Section 2923.5
(a) (1) A mortgagee, trustee, beneficiary, or authorized
agent may not file a notice of default pursuant to Section 2924 until
30 days after contact...
|
California Civil Code Section 2923.6
(a) The Legislature finds and declares that any duty
servicers may have to maximize net present value under their pooling
and servicing agreements is
|
California Civil Code Section 2924
(a) Every transfer of an interest in property, other than in
trust, made only as a security for the performance of another act, is
to be deemed a...
|
California Civil Code Section 2924.3
(a) Except as provided in subdivisions (b) and (c), a
person who has undertaken as an agent of a mortgagee, beneficiary, or
owner of a promissory...
|
California Civil Code Section 2924.5
No clause in any deed of trust or mortgage on property
containing four or fewer residential units or on which four or fewer
residential units are to...
|
California Civil Code Section 2924.6
(a) An obligee may not accelerate the maturity date of the
principal and accrued interest on any loan secured by a mortgage or
deed of trust on...
|
California Civil Code Section 2924.7
(a) The provisions of any deed of trust or mortgage on real
property which authorize any beneficiary, trustee, mortgagee, or his
or her agent or...
|
California Civil Code Section 2924.8
(a) Upon posting a notice of sale pursuant to Section
2924f, a trustee or authorized agent shall also post the following
notice, in the manner...
|
California Civil Code Section 2924a
If, by the terms of any trust or deed of trust a power of
sale is conferred upon the trustee, the attorney for the trustee, or
any duly authorized...
|
California Civil Code Section 2924b
(a) Any person desiring a copy of any notice of default and
of any notice of sale under any deed of trust or mortgage with power
of sale upon real...
|
California Civil Code Section 2924c
(a) (1) Whenever all or a portion of the principal sum of
any obligation secured by deed of trust or mortgage on real property
or an estate for years
|
California Civil Code Section 2924d
(a) Commencing with the date that the notice of sale is
deposited in the mail, as provided in Section 2924b, and until the
property is sold pursuant...
|
California Civil Code Section 2924e
(a) The beneficiary or mortgagee of any deed of trust or
mortgage on real property either containing one to four residential
units or given to secure
|
California Civil Code Section 2924f
(a) As used in this section and Sections 2924g and 2924h,
"property" means real property or a leasehold estate therein, and
"calendar week" means...
|
California Civil Code Section 2924g
(a) All sales of property under the power of sale contained
in any deed of trust or mortgage shall be held in the county where
the property or some...
|
California Civil Code Section 2924h
(a) Each and every bid made by a bidder at a trustee's sale
under a power of sale contained in a deed of trust or mortgage shall
be deemed to be an...
|
California Civil Code Section 2924i
(a) This section applies to loans secured by a deed of trust
or mortgage on real property containing one to four residential
units at least one of...
|
California Civil Code Section 2924j
(a) Unless an interpleader action has been filed, within 30
days of the execution of the trustee's deed resulting from a sale in
which there are...
|
California Civil Code Section 2924k
(a) The trustee, or the clerk of the court upon order to the
clerk pursuant to subdivision (d) of Section 2924j, shall distribute
the proceeds, or a...
|
California Civil Code Section 2924l
(a) In the event that a trustee under a deed of trust is
named in an action or proceeding in which that deed of trust is the
subject, and in the...
|
California Civil Code Section 2925
The fact that a transfer was made subject to defeasance on a
condition, may, for the purpose of showing such transfer to be a
mortgage, be proved...
|
California Civil Code Section 2926
A mortgage is a lien upon everything that would pass by a
grant of the property.
|
California Civil Code Section 2927
A mortgage does not entitle the mortgagee to the possession
of the property, unless authorized by the express terms of the
mortgage; but after the...
|
California Civil Code Section 2928
A mortgage does not bind the mortgagor personally to perform
the act for the performance of which it is a security, unless there
is an express...
|
California Civil Code Section 2929
No person whose interest is subject to the lien of a mortgage
may do any act which will substantially impair the mortgagee's
security.
|
California Civil Code Section 2929.3
(a) (1) A legal owner shall maintain vacant residential
property purchased by that owner at a foreclosure sale, or acquired
by that owner through...
|
California Civil Code Section 2929.5
(a) A secured lender may enter and inspect the real
property security for the purpose of determining the existence,
location, nature, and magnitude...
|
California Civil Code Section 2931
A mortgagee may foreclose the right of redemption of the
mortgagor in the manner prescribed by the CODE OF CIVIL PROCEDURE.
|
California Civil Code Section 2931a
In any action brought to determine conflicting claims to
real property, or for partition of real property or an estate for
years therein, or to...
|
California Civil Code Section 2931b
In all actions in which the State of California is named a
party pursuant to the provisions of Section 2931a and in which real
property or an estate...
|
California Civil Code Section 2931c
The Attorney General may bring an action in the courts of
this or any other state or of the United States to enforce any lien
to secure the payment...
|
California Civil Code Section 2932
A power of sale may be conferred by a mortgage upon the
mortgagee or any other person, to be exercised after a breach of the
obligation for which the
|
California Civil Code Section 2932.5
Where a power to sell real property is given to a
mortgagee, or other encumbrancer, in an instrument intended to secure
the payment of money, the...
|
California Civil Code Section 2932.6
(a) Notwithstanding any other provision of law, a financial
institution may undertake to repair any property acquired through
foreclosure under a...
|
California Civil Code Section 2933
A power of attorney to execute a mortgage must be in writing,
subscribed, acknowledged, or proved, certified, and recorded in like
manner as powers...
|
California Civil Code Section 2934
Any assignment of a mortgage and any assignment of the
beneficial interest under a deed of trust may be recorded, and from
the time the same is filed
|
California Civil Code Section 2934a
(a) (1) The trustee under a trust deed upon real property or
an estate for years therein given to secure an obligation to pay
money and conferring no
|
California Civil Code Section 2934a
(a) (1) The trustee under a trust deed upon real property or
an estate for years therein given to secure an obligation to pay
money and conferring no
|
California Civil Code Section 2934b
Sections 15643 and 18102 of the Probate Code apply to
trustees under deeds of trust given to secure obligations.
|
California Civil Code Section 2935
When a mortgage or deed of trust is executed as security for
money due or to become due, on a promissory note, bond, or other
instrument, designated...
|
California Civil Code Section 2936
The assignment of a debt secured by mortgage carries with it
the security.
|
California Civil Code Section 2937
(a) The Legislature hereby finds and declares that borrowers
or subsequent obligors have the right to know when a person holding a
promissory note,...
|
California Civil Code Section 2937.7
In any action affecting the interest of any trustor or
beneficiary under a deed of trust or mortgage, service of process to
the trustee does not...
|
California Civil Code Section 2938
(a) A written assignment of an interest in leases, rents,
issues, or profits of real property made in connection with an
obligation secured by real...
|
California Civil Code Section 2939
A recorded mortgage must be discharged by a certificate
signed by the mortgagee, his personal representatives or assigns,
acknowledged or proved and...
|
California Civil Code Section 2939.5
Foreign executors, administrators and guardians may satisfy
mortgages upon the records of any county in this state, upon
producing and recording in...
|
California Civil Code Section 2940
A certificate of the discharge of a mortgage, and the proof
or acknowledgment thereof, must be recorded in the office of the
county recorder in which
|
California Civil Code Section 2941
(a) Within 30 days after any mortgage has been satisfied, the
mortgagee or the assignee of the mortgagee shall execute a
certificate of the discharge
|
California Civil Code Section 2941.1
Notwithstanding any other provision of law, if no payoff
demand statement is issued pursuant to Section 2943, nothing in
Section 2941 shall be...
|
California Civil Code Section 2941.5
Every person who willfully violates Section 2941 is guilty
of a misdemeanor punishable by fine of not less than fifty dollars
($50) nor more than...
|
California Civil Code Section 2941.7
Whenever the obligation secured by a mortgage or deed of
trust has been fully satisfied and the present mortgagee or
beneficiary of record cannot be...
|
California Civil Code Section 2941.9
(a) The purpose of this section is to establish a process
through which all of the beneficiaries under a trust deed may agree
to be governed by...
|
California Civil Code Section 2942
Contracts of bottomry or respondentia, although in the nature
of mortgages, are not affected by any of the provisions of this
Chapter.
|
California Civil Code Section 2943
(a) As used in this section:
(1) "Beneficiary" means a mortgagee or beneficiary of a mortgage
or deed of trust, or his or her assignees.
(2)...
|
California Civil Code Section 2944
None of the provisions of this chapter applies to any
transaction or security interest governed by the Commercial Code,
except to the extent made...
|
California Civil Code Section 2944.5
No lender, mortgagee, or any third party having an interest
in real or personal property shall refuse to accept a policy issued
by an admitted...
|
California Civil Code Section 2945
(a) The Legislature finds and declares that homeowners whose
residences are in foreclosure are subject to fraud, deception,
harassment, and unfair...
|
California Civil Code Section 2945.1
The following definitions apply to this chapter:
(a) "Foreclosure consultant" means any person who makes any
solicitation, representation, or...
|
California Civil Code Section 2945.2
(a) In addition to any other right under law to rescind a
contract, an owner has the right to cancel such a contract until
midnight of the fifth...
|
California Civil Code Section 2945.2
(a) In addition to any other right under law to rescind a
contract, an owner has the right to cancel such a contract until
midnight of the fifth...
|
California Civil Code Section 2945.3
(a) Every contract shall be in writing and shall fully
disclose the exact nature of the foreclosure consultant's services
and the total amount and...
|
California Civil Code Section 2945.3
(a) Every contract shall be in writing and shall fully
disclose the exact nature of the foreclosure consultant's services
and the total amount and...
|
California Civil Code Section 2945.4
It shall be a violation for a foreclosure consultant to:
(a) Claim, demand, charge, collect, or receive any compensation
until after the...
|
California Civil Code Section 2945.4
It shall be a violation for a foreclosure consultant to:
(a) Claim, demand, charge, collect, or receive any compensation
until after the...
|
California Civil Code Section 2945.45
(a) Except as provided in subdivision (b) of Section
2945.1, a person shall not take any action specified in subdivision
(a) of Section 2945.1 unless
|
California Civil Code Section 2945.5
Any waiver by an owner of the provisions of this article
shall be deemed void and unenforceable as contrary to public policy.
Any attempt by a...
|
California Civil Code Section 2945.6
(a) An owner may bring an action against a foreclosure
consultant for any violation of this chapter. Judgment shall be
entered for actual damages,...
|
California Civil Code Section 2945.7
Any person who commits any violation described in Section
2945.4 shall be punished by a fine of not more than ten thousand
dollars ($10,000), by...
|
California Civil Code Section 2945.8
If any provision of this article or the application thereof
to any person or circumstance is held to be unconstitutional, the
remainder of the...
|
California Civil Code Section 2945.9
(a) A foreclosure consultant is liable for all damages
resulting from any statement made or act committed by the foreclosure
consultant's...
|
California Civil Code Section 2945.10
(a) Any provision in a contract which attempts or purports
to limit the liability of the foreclosure consultant under Section
2945.9 shall be void...
|
California Civil Code Section 2945.11
(a) Any representative, as defined in subdivision (b) of
Section 2945.9, deemed to be the agent or employee or both the agent
and the employee of the
|
California Civil Code Section 2947
Any interest in real property which is capable of being
transferred may be mortgaged.
|
California Civil Code Section 2948
A mortgage of real property may be made in substantially the
following form:
This mortgage, made the ____ day of ________,
in the...
|
California Civil Code Section 2948.5
(a) A borrower shall not be required to pay interest on a
principal obligation under a promissory note secured by a mortgage or
deed of trust on real
|
California Civil Code Section 2949
(a) No mortgage or deed of trust on real property containing
only a single-family, owner-occupied dwelling may be declared in
default, nor may the...
|
California Civil Code Section 2950
When a grant of real property purports to be an absolute
conveyance, but is intended to be defeasable on the performance of
certain conditions, such...
|
California Civil Code Section 2952
Mortgages and deeds of trust of real property may be
acknowledged or proved, certified and recorded, in like manner and
with like effect, as grants...
|
California Civil Code Section 2953
Any express agreement made or entered into by a borrower at
the time of or in connection with the making of or renewing of any
loan secured by a deed
|
California Civil Code Section 2953.1
As used in this section:
(a) "Real property security instrument" shall include any mortgage
or trust deed or land contract in or on real...
|
California Civil Code Section 2953.2
Every real property security instrument which contains or
has attached a subordination clause shall contain:
(a) At the top of the real property...
|
California Civil Code Section 2953.3
Every subordination agreement shall contain:
(a) At the top of the subordination agreement there shall appear
in at least 10-point bold type, or,...
|
California Civil Code Section 2953.4
(a) Any subordination clause and any subordination
agreement which is executed after the effective date of this act and
which does not substantially...
|
California Civil Code Section 2953.5
(a) Sections 2953.1 through 2953.4 shall not apply to any
subordination clause or subordination agreement which expressly
states that the...
|
California Civil Code Section 2954
(a) No impound, trust or other type of account for payment of
taxes on the property, insurance premiums or other purposes relating
to the property...
|
California Civil Code Section 2954.1
No lender or person who purchases obligations secured by
real property, or any agent of such lender or person, who maintains
an impound, trust, or...
|
California Civil Code Section 2954.2
(a) Every mortgagee of record of real property containing
only a one- to four-family residence, when the mortgage is given to
secure payment of the...
|
California Civil Code Section 2954.4
(a) A charge that may be imposed for late payment of an
installment due on a loan secured by a mortgage or a deed of trust on
real property...
|
California Civil Code Section 2954.5
(a) Before the first default, delinquency, or late payment
charge may be assessed by any lender on a delinquent payment of a
loan, other than a loan...
|
California Civil Code Section 2954.6
(a) If private mortgage insurance or mortgage guaranty
insurance, as defined in subdivision (a) of Section 12640.02 of the
Insurance Code, is...
|
California Civil Code Section 2954.65
Within 30 days after notice of cancellation from the
insured, a private mortgage insurer or mortgage guaranty insurer
shall, if the policy is...
|
California Civil Code Section 2954.7
Except when a statute, regulation, rule, or written
guideline promulgated by an institutional third party applicable to
notes or evidence of...
|
California Civil Code Section 2954.8
(a) Every financial institution that makes loans upon the
security of real property containing only a one- to four-family
residence and located in...
|
California Civil Code Section 2954.9
(a) (1) Except as otherwise provided by statute, where the
original principal obligation is a loan for residential property of
four units or less,...
|
California Civil Code Section 2954.10
An obligee which accelerates the maturity date of the
principal and accrued interest, pursuant to contract, on any loan
secured by a mortgage or...
|
California Civil Code Section 2954.11
(a) As used in this section:
(1) "Open-end credit plan" has the meaning set forth in Regulation
Z of the Federal Reserve System (12 C.F.R....
|
California Civil Code Section 2954.12
(a) Notwithstanding Section 2954.7, and except when a
statute, regulation, rule, or written guideline promulgated by an
institutional third party...
|
California Civil Code Section 2955
(a) Money held by a mortgagee or a beneficiary of a deed of
trust on real property in this state, or held by a vendor on a
contract of sale of real...
|
California Civil Code Section 2955.1
(a) Any lender originating a loan secured by the borrower's
separate interest in a condominium project, as defined in
subdivision (f) of Section...
|
California Civil Code Section 2955.5
(a) No lender shall require a borrower, as a condition of
receiving or maintaining a loan secured by real property, to provide
hazard insurance...
|
California Civil Code Section 2956
In a transaction for the purchase of a dwelling for not more
than four families in which there is an arranger of credit, which
purchase includes an...
|
California Civil Code Section 2957
The following definitions shall apply for the purposes of
this article:
(a) "Arranger of credit" means:
(1) A person, other than a party to the
|
California Civil Code Section 2958
A disclosure is not required under this article, to a
purchaser when that purchaser is entitled to receive, a disclosure
pursuant to the Federal...
|
California Civil Code Section 2959
The disclosures required by this article shall be made as
soon as practicable, but before execution of any note or security
documents. If any...
|
California Civil Code Section 2960
If information disclosed in accordance with this article is
subsequently rendered inaccurate as a result of any act, occurrence,
or agreement between
|
California Civil Code Section 2961
Every disclosure required by this article and every act which
is to be performed in making that disclosure shall be made in good
faith. For the...
|
California Civil Code Section 2962
Any disclosure made pursuant to this article may be amended
in writing by the person making the disclosure, provided that any
amendment shall be...
|
California Civil Code Section 2963
The disclosures required to both purchaser and vendor by this
article are:
(a) An identification of the note or other credit documents or
security
|
California Civil Code Section 2964
The specification of items for disclosure in this article
does not limit or abridge any obligation for disclosure created by
any other provision of...
|
California Civil Code Section 2965
The validity of any credit document or of any security
document subject to the provisions of this article shall not be
invalidated solely because of...
|
California Civil Code Section 2966
(a) In a transaction regulated by this article, which
includes a balloon payment note when the term for repayment is for a
period in excess of one...
|
California Civil Code Section 2967
Any action arising under this article may be brought within
two years from the date on which the liability arises, except that
where any material...
|
California Civil Code Section 2970
For purposes of this chapter "home equity loan" means any
open end consumer credit plan in which a consensual security interest
is created or...
|
California Civil Code Section 2971
(a) At the time that a customer makes an initial application
to a creditor for a home equity loan in person, or within three
business days if the...
|
California Civil Code Section 2981
As used in this chapter, unless the context otherwise
requires:
(a) "Conditional sale contract" means:
(1) A contract for the sale of a motor...
|
California Civil Code Section 2981.5
A contract for the bailment or leasing of a motor vehicle,
with or without accessories, which establishes the maximum for which
a bailee or lessee...
|
California Civil Code Section 2981.7
All contracts entered into between a buyer and a seller on
or after January 1, 1983, shall provide for the calculation of the
finance charge...
|
California Civil Code Section 2981.8
No contract shall provide for a finance charge which is
determined in part by the precomputed basis and in part by the
simple-interest basis except...
|
California Civil Code Section 2981.9
Every conditional sale contract subject to this chapter
shall be in writing and, if printed, shall be printed in type no
smaller than 6-point, and...
|
California Civil Code Section 2982
A conditional sale contract subject to this chapter shall
contain the disclosures required by Regulation Z, whether or not
Regulation Z applies to...
|
California Civil Code Section 2982.1
It shall be unlawful for any seller to induce or attempt to
induce any person to enter into a contract subject to this chapter
by offering a rebate,...
|
California Civil Code Section 2982.2
(a) Prior to the execution of a conditional sale contract,
the seller shall provide to a buyer, and obtain the buyer's signature
on, a written...
|
California Civil Code Section 2982.3
(a) The holder of a conditional sale contract may, upon
agreement with the buyer, extend the scheduled due date or defer the
scheduled payment of all
|
California Civil Code Section 2982.5
(a) This chapter may not be deemed to affect a loan, or the
security therefor, between a purchaser of a motor vehicle and a
supervised financial...
|
California Civil Code Section 2982.7
(a) Any payment made by a buyer to a seller pending
execution of a conditional sale contract shall be refunded to the
buyer in the event the...
|
California Civil Code Section 2982.8
(a) If a buyer is obligated under the terms of the
conditional sale contract to maintain insurance on the vehicle and
subsequent to the execution of...
|
California Civil Code Section 2982.9
In the event a buyer obligates himself to purchase, or
receive possession of, a motor vehicle pursuant to a contract or
purchase order, and the...
|
California Civil Code Section 2982.10
(a) In consideration of the assignment of a conditional
sale contract, the seller shall not receive or accept from the
assignee any payment or credit
|
California Civil Code Section 2983
If the seller, except as the result of an accidental or bona
fide error in computation, violates any provision of Section 2981.9
or of subdivision...
|
California Civil Code Section 2983.1
If the seller or holder of a conditional sale contract,
except as the result of an accidental or bona fide error of
computation, violates any...
|
California Civil Code Section 2983.2
(a) Except where the motor vehicle has been seized as
described in paragraph (6) of subdivision (b) of Section 2983.3, any
provision in any...
|
California Civil Code Section 2983.3
(a) In the absence of default in the performance of any of
the buyer's obligations under the contract, the seller or holder may
not accelerate the...
|
California Civil Code Section 2983.35
(a) If a creditor has requested a cosigner as a condition
of granting credit to any person for the purpose of acquisition of a
motor vehicle, the...
|
California Civil Code Section 2983.4
Reasonable attorney's fees and costs shall be awarded to
the prevailing party in any action on a contract or purchase order
subject to the provisions
|
California Civil Code Section 2983.5
(a) An assignee of the seller's right is subject to all
equities and defenses of the buyer against the seller,
notwithstanding an agreement to the...
|
California Civil Code Section 2983.6
Any person who shall willfully violate any provision of
this chapter shall be guilty of a misdemeanor.
|
California Civil Code Section 2983.7
No conditional sale contract shall contain any provision by
which:
(a) The buyer agrees not to assert against the seller a claim or
defense...
|
California Civil Code Section 2983.8
Notwithstanding Section 2983.2 or any other provision of
law, no deficiency judgment shall lie in any event in any of the
following instances:
(a)
|
California Civil Code Section 2984
Any failure to comply with any provision of this chapter
(commencing with Section 2981) may be corrected by the holder,
provided, however, that a...
|
California Civil Code Section 2984.1
Every conditional sale contract shall contain a statement
in contrasting red print in at least 8-point bold type which shall
satisfy the requirements
|
California Civil Code Section 2984.2
(a) No conditional sale contract, and no agreement between
a seller and a buyer made in connection with a conditional sale
contract, may provide for
|
California Civil Code Section 2984.3
Any acknowledgment by the buyer of delivery of a copy of a
conditional sale contract or purchase order and any vehicle purchase
proposal and any...
|
California Civil Code Section 2984.4
(a) An action on a contract or purchase order under this
chapter shall be tried in the superior court in the county where the
contract or purchase...
|
California Civil Code Section 2984.5
(a) A seller shall maintain the following documents for at
least seven years or the length of the conditional sales contract,
whichever is longer:
|
California Civil Code Section 2984.6
A holder of a conditional sales contract, purchase order,
or security interest, or the agent of a holder, who has received a
notice pursuant to...
|
California Civil Code Section 2985
(a) A real property sales contract is an agreement in which
one party agrees to convey title to real property to another party
upon the satisfaction...
|
California Civil Code Section 2985.1
A real property sales contract may not be transferred by
the fee owner of the real property unless accompanied by a transfer
of the real property...
|
California Civil Code Section 2985.2
Any person, or the assignee of such person, who sells a
parcel of land under a sales contract which is not recorded and who
thereafter causes an...
|
California Civil Code Section 2985.3
Every seller of improved or unimproved real property under
a real property sales contract, or his assignee, who knowingly
receives an installment...
|
California Civil Code Section 2985.4
Every seller of improved or unimproved real property under
a real property sales contract who receives pro rata payments for
insurance and taxes...
|
California Civil Code Section 2985.5
Every real property sales contract entered into after
January 1, 1966, shall contain a statement of:
(a) The number of years required to complete...
|
California Civil Code Section 2985.51
(a) Every real property sales contract entered into on and
after January 1, 1978, where the real property that is the subject
of such contract...
|
California Civil Code Section 2985.6
(a) A buyer shall be entitled to prepay all or any part of
the balance due on any real property sales contract with respect to
the sale of land which
|
California Civil Code Section 2985.7
(a) "Motor vehicle" means any vehicle required to be
registered under the Vehicle Code. Motor vehicle does not include
any trailer which is sold in...
|
California Civil Code Section 2985.71
(a) Any solicitation to enter into a lease contract that
includes any of the following items shall contain the disclosures
described in subdivision...
|
California Civil Code Section 2985.8
(a) Every lease contract shall be in writing and the print
portion of the contract shall be printed in at least 8-point type and
shall contain in a...
|
California Civil Code Section 2985.9
The following documents and agreements are not required to
be contained in a lease contract:
(a) An "express warranty," as that term is defined in
|
California Civil Code Section 2986.3
No lease contract shall contain any provision by which:
(a) A power of attorney is given to confess judgment in this
state, or an assignment of...
|
California Civil Code Section 2986.4
Any acknowledgment by the lessee of delivery of a copy of a
lease contract or purchase order and any vehicle lease proposal and
any credit statement...
|
California Civil Code Section 2986.5
(a) No person shall lease a used motor vehicle for operation
on California highways if such vehicle does not meet all of the
equipment requirements...
|
California Civil Code Section 2986.6
No agreement in connection with a lease contract which
provides for the inclusion of title to or a lien upon any personal or
real property, other...
|
California Civil Code Section 2986.10
(a) An assignee of the lessor's rights is subject to all
equities and defenses of the lessee against the lessor,
notwithstanding an agreement to the...
|
California Civil Code Section 2986.12
It shall be unlawful for any lessor to induce or attempt
to induce any person to enter into a contract subject to this chapter
by offering a rebate,...
|
California Civil Code Section 2986.13
(a) Any payment made by a lessee to a lessor pending the
execution of a lease contract shall be refunded to the lessee in the
event the lease...
|
California Civil Code Section 2987
(a) A lessee has the right to terminate a lease contract at
any time prior to the scheduled expiration date specified in the
lease contract. Except...
|
California Civil Code Section 2988
(a) The Legislature finds that it is necessary to provide
some protection for consumers who enter into lease contracts in which
the lessee will bear...
|
California Civil Code Section 2988.5
(a) Except as otherwise provided by this section, any
lessor who fails to comply with any requirement imposed under Section
2985.8 or 2988 for which...
|
California Civil Code Section 2988.7
If the lessor fails to comply with Section 2985.8, as an
alternative to an action under Section 2988.5, the lessee may rescind
the contract if the...
|
California Civil Code Section 2988.9
Reasonable attorney's fees and costs shall be awarded to
the prevailing party in any action on a lease contract subject to the
provisions of this...
|
California Civil Code Section 2989
No civil action shall be filed against a lessor under the
authority of this chapter if a federal civil action has previously
been filed based on...
|
California Civil Code Section 2989.2
Where the lessee is to bear the risk of the motor vehicle's
depreciation upon the scheduled expiration of the lease contract,
the following applies:
|
California Civil Code Section 2989.4
(a) A lessor shall not:
(1) Fail to register the leased vehicle pursuant to the lease
contract.
(2) Advertise any specific vehicle in the...
|
California Civil Code Section 2989.5
(a) Except as provided in subdivision (c), a lessor shall
make available to investigators of the Department of Motor Vehicles,
upon presentation of...
|
California Civil Code Section 2989.6
The Director of Motor Vehicles may adopt and enforce rules
and regulations as may be necessary to carry out or implement the
provisions of this...
|
California Civil Code Section 2989.8
Any person who shall knowingly and willfully violate any
provision of this chapter shall be guilty of a misdemeanor.
|
California Civil Code Section 2990
This chapter shall not apply to any transaction which is
regulated by Chapter 2b (commencing with Section 2981) of this title.
|
California Civil Code Section 2991
Any prospective assignee that provides a lessor under a lease
contract with any preprinted form for use as a lease contract shall,
upon the request...
|
California Civil Code Section 2992
A prospective assignee that provides a lessor under a lease
contract with a preprinted form for use as a lease contract shall
design the form in such
|
California Civil Code Section 2993
A holder of a lease contract, or the agent of a holder, who
has received a notice pursuant to Section 7507.6 of the Business and
Professions Code,...
|
California Civil Code Section 2995
No real estate developer shall require as a condition
precedent to the transfer of real property containing a single family
residential dwelling that
|
California Civil Code Section 3040
(a) No lien asserted by a licensee of the Department of
Managed Care or the Department of Insurance, and no lien of a medical
group or an independent
|
California Civil Code Section 3045.1
Every person, partnership, association, corporation, public
entity, or other institution or body maintaining a hospital licensed
under the laws of...
|
California Civil Code Section 3045.2
The lien shall apply whether the damages are recovered, or
are to be recovered, by judgment, settlement, or compromise.
|
California Civil Code Section 3045.3
A lien shall not be effective, however, unless a written
notice containing the name and address of the injured person, the
date of the accident, the...
|
California Civil Code Section 3045.4
Any person, firm, or corporation, including, but not
limited to, an insurance carrier, making any payment to the injured
person, or to his or her...
|
California Civil Code Section 3045.5
The person, partnership, association, corporation or other
institution or body maintaining the hospital may, at any time within
one year after the...
|
California Civil Code Section 3045.6
The provisions of this chapter shall not apply to any claim
or cause of action against a common carrier subject to the
jurisdiction of the Public...
|
California Civil Code Section 3046
One who sells real property has a vendor's lien thereon,
independent of possession, for so much of the price as remains unpaid
and unsecured...
|
California Civil Code Section 3047
Where a buyer of real property gives to the seller a written
contract for payment of all or part of the price, an absolute
transfer of such contract...
|
California Civil Code Section 3048
The liens defined in Sections 3046 and 3050 are valid against
every one claiming under the debtor, except a purchaser or
incumbrancer in good faith...
|
California Civil Code Section 3050
One who pays to the owner any part of the price of real
property, under an agreement for the sale thereof, has a special lien
upon the property,...
|
California Civil Code Section 3051
Every person who, while lawfully in possession of an article
of personal property, renders any service to the owner thereof, by
labor or skill,...
|
California Civil Code Section 3051a
That portion of any lien, as provided for in the next
preceding section, in excess of three hundred dollars ($300) for any
work, services, or care,...
|
California Civil Code Section 3051.5
(a) A carrier has a lien on freight in its possession for
the total amount owed the carrier by the shipper for freightage,
charges for services and...
|
California Civil Code Section 3051.6
(a) Except as provided in subdivision (b), a carrier has a
lien on freight in its possession for the total amount owed to the
carrier by the owner or
|
California Civil Code Section 3052
If the person entitled to the lien provided in Section 3051
is not paid the amount due, and for which such lien is given, within
10 days after the...
|
California Civil Code Section 3052a
Every person, firm, or corporation, engaged in performing
work upon any watch, clock or jewelry, for a price, shall have a lien
upon the watch,...
|
California Civil Code Section 3052b
(a) The procedure in this section shall be an alternative to
the lien-sale procedure provided in Section 3052, but applies only
to liens under...
|
California Civil Code Section 3052.5
(a) Sections 3052 and 3052b shall not apply to any service
dealer registered with the Bureau of Repair Services pursuant to
Chapter 20 (commencing...
|
California Civil Code Section 3053
A factor has a general lien, dependent on possession, for all
that is due to him as such, upon all articles of commercial value
that are intrusted to
|
California Civil Code Section 3054
(a) A banker, or a savings and loan association, has a
general lien, dependent on possession, upon all property in his or
her hands belonging to a...
|
California Civil Code Section 3059
The liens of mechanics, for materials and services upon real
property, are regulated by Chapter 2 (commencing with Section 3109)
of Title 15 of this...
|
California Civil Code Section 3060
Any person who performs labor in any mining claim or claims,
or in or upon any real property worked as a mine, either in the
development thereof or...
|
California Civil Code Section 3061
Every person performing work or labor in, with, about, or
upon any barley crusher, threshing machine or engine, horsepower,
wagon, or other appliance
|
California Civil Code Section 3061.5
(a) Except as provided in subdivision (d), any person who
as an employee shall, by his or her own labor, do or perform any work
harvesting or...
|
California Civil Code Section 3061.6
(a) The lien created by Section 3061.5 shall continue in
force for a period of 45 days from the time the person claiming such
lien shall have ceased...
|
California Civil Code Section 3062
Every owner or person having in charge any stallion, jack, or
bull, used for propagating purposes, has a lien for the agreed price
of its service...
|
California Civil Code Section 3063
Every claimant of a lien provided for in the preceding
section must, within 90 days after the service on account of which
the lien is claimed, record
|
California Civil Code Section 3064
An action to enforce any lien created under Section 3062 may
be brought in any county wherein any of the property subject thereto
may be found, and...
|
California Civil Code Section 3064.1
Every person who wilfully advertises any cattle, horse,
sheep, swine, or other domestic animal for purposes of copulation or
profit as having a...
|
California Civil Code Section 3065
Any person who shall, by his own labor, or by using his
livestock, machinery or appliances, or both, do or perform any work
or render any service in...
|
California Civil Code Section 3065a
The lien created by the last preceding section shall
continue in force for a period of 30 days from the time the person
claiming such lien shall have
|
California Civil Code Section 3065b
As used in the next preceding section the words "the time
the person claiming such lien shall have ceased to do or perform the
work or render the...
|
California Civil Code Section 3065c
Whenever any faller, bucker, or millhand has a lien pursuant
to Section 3065 and has not been paid for his labor by the
contractor employing him, and
|
California Civil Code Section 3066
(a) Any garment, clothing, wearing apparel or houshold goods
remaining in the possession of a person, firm, partnership or
corporation, on which...
|
California Civil Code Section 3067
Words used in this chapter which are defined in Division 1 of
the Vehicle Code shall have the same meaning as in the Vehicle Code.
|
California Civil Code Section 3067.1
All forms required pursuant to the provisions of this
chapter shall be prescribed by the Department of Motor Vehicles. The
language used in the...
|
California Civil Code Section 3067.2
This chapter shall not apply to any manufactured home, as
defined in Section 18007 of the Health and Safety Code, to any
mobilehome, as defined in...
|
California Civil Code Section 3068
(a) Every person has a lien dependent upon possession for the
compensation to which the person is legally entitled for making
repairs or performing...
|
California Civil Code Section 3068.1
(a) Every person has a lien dependent upon possession for
the compensation to which the person is legally entitled for towing,
storage, or labor...
|
California Civil Code Section 3068.2
(a) A tow truck operator who has a lien on a vehicle
pursuant to Section 3068.1 has a deficiency claim against the
registered owner of the vehicle if
|
California Civil Code Section 3069
Any lien provided for in this chapter for labor or materials,
or for storage or safekeeping of a vehicle when abandoned on private
property may be...
|
California Civil Code Section 3070
(a) Whenever the possessory lien upon any vehicle is lost
through trick, fraud, or device, the repossession of the vehicle by
the lienholder revives...
|
California Civil Code Section 3071
(a) A lienholder shall apply to the department for the
issuance of an authorization to conduct a lien sale pursuant to this
section for any vehicle...
|
California Civil Code Section 3071.5
(a) A registered or legal owner of a vehicle in the
possession of a person holding a lien under this chapter may release
any interest in the vehicle...
|
California Civil Code Section 3072
(a) For vehicles with a value determined to be four thousand
dollars ($4,000) or less, the lienholder shall apply to the
department for the names and
|
California Civil Code Section 3073
The proceeds of a vehicle lien sale under this article shall
be disposed of as follows:
(a) The amount necessary to discharge the lien and the...
|
California Civil Code Section 3074
The lienholder may charge a fee for lien sale preparations
not to exceed seventy dollars ($70) in the case of a vehicle having a
value determined to...
|
California Civil Code Section 3080
As used in this chapter, the following definitions shall
apply:
(a) "Livestock" means any cattle, sheep, swine, goat, or horse,
mule, or other...
|
California Civil Code Section 3080.01
A livestock servicer shall have a general lien upon the
livestock in its possession to secure the performance of all
obligations of the owner of the...
|
California Civil Code Section 3080.02
In addition to any other rights and remedies provided by
law, a lienholder may:
(a) Retain possession of the livestock and charge the owner for...
|
California Civil Code Section 3080.03
Upon the filing of the complaint, or at any time
thereafter prior to judgment, the lienholder may apply to the court
in which the action was...
|
California Civil Code Section 3080.04
The notice of application and hearing shall inform the
defendant of all of the following:
(a) The date, time and place of the hearing on the...
|
California Civil Code Section 3080.05
(a) If a defendant desires to oppose the issuance of an
order authorizing sale the defendant shall file and serve upon the
lienholder a notice of...
|
California Civil Code Section 3080.06
(a) At the hearing, the court shall consider the showing
made by the parties and shall issue an order authorizing the sale of
the livestock if it...
|
California Civil Code Section 3080.07
(a) After hearing, the court may issue an order denying
the lienholder's application if it finds that:
(1) A sale is not necessary prior to...
|
California Civil Code Section 3080.08
(a) The court's findings at the hearing shall be made upon
the basis of the pleadings and other papers in the record. Upon
cause shown, the court...
|
California Civil Code Section 3080.09
(a) At any time after the lienholder has filed a complaint
and claimed a lien under this chapter, or at any time after the
owner of the livestock has
|
California Civil Code Section 3080.10
After hearing, the court may enter an order directing the
lienholder to release all or a portion of the livestock to the owner,
or to the owner's...
|
California Civil Code Section 3080.11
The undertaking to be substituted for livestock shall be
by the owner to pay to the lienholder an amount equal to the sum of
(1) the fair market...
|
California Civil Code Section 3080.15
(a) Except as otherwise provided by statute, or upon
noticed hearing as provided in this chapter, no order authorizing
sale or order for substitution
|
California Civil Code Section 3080.16
(a) Except as otherwise specified by the order authorizing
sale or as agreed to by the parties after the lien has arisen, a
sale of livestock under...
|
California Civil Code Section 3080.17
Except as otherwise agreed or specified by order of court,
notice of sale shall be given as follows:
(a) A notice in writing of the date, time and
|
California Civil Code Section 3080.18
(a) Any sale of which notice is delivered or mailed and
published as provided in this chapter and which is held as provided
in this chapter is a...
|
California Civil Code Section 3080.19
(a) A sale of livestock held pursuant to this chapter
shall:
(1) Transfer to a purchaser for value all of the owner's rights in
the livestock;...
|
California Civil Code Section 3080.20
(a) The owner of livestock or any other person claiming an
interest in livestock may release its interest in the livestock at
any time after the lien
|
California Civil Code Section 3080.21
At any time after a lien has arisen, the lienholder may
propose to retain any portion or all of the livestock in satisfaction
of any portion or all...
|
California Civil Code Section 3080.22
Any lien provided for in this chapter may be assigned by
written instrument accompanied by delivery of possession of the
livestock, subject to the...
|
California Civil Code Section 3081
Any corporation engaged in the business of renting to the
public safe deposit boxes may dispose of the unclaimed contents of
the safe deposit boxes...
|
California Civil Code Section 3081.1
For purposes of this chapter, "design professional" means
any certificated architect, registered professional engineer, or
licensed land surveyor who
|
California Civil Code Section 3081.2
A design professional shall, from the date of recordation
pursuant to Section 3081.3, have a lien upon the real property for
which the work of...
|
California Civil Code Section 3081.3
In order for the design professional to be entitled to a
lien pursuant to Section 3081.2, all of the following shall occur:
(a) The landowner...
|
California Civil Code Section 3081.4
(a) Upon recordation of the notice of lien pursuant to
subdivision (c) of Section 3081.3, a lien is created in favor of the
named design...
|
California Civil Code Section 3081.5
Any design professionals' lien perfected pursuant to this
chapter shall be enforced pursuant to the provisions contained in
Article 7 (commencing...
|
California Civil Code Section 3081.6
This chapter does not affect the ability of a design
professional to obtain a mechanic's lien pursuant to Title 15
(commencing with Section 3082) of...
|
California Civil Code Section 3081.7
A design professional shall record a notice of lien
pursuant to subdivision (c) of Section 3081.3 no later than 90 days
after the design professional
|
California Civil Code Section 3081.8
The lien of a design professional perfected pursuant to
this chapter shall not affect the ability of the design professional
to pursue other...
|
California Civil Code Section 3081.9
(a) No lien created by this chapter shall affect or take
priority over the interest of record of a purchaser, lessee, or
encumbrancer, if the...
|
California Civil Code Section 3081.10
The design professionals' lien provided in this chapter
shall not apply to a work of improvement relating to a single-family
owner occupied residence
|
California Civil Code Section 3082
Unless the context otherwise requires, the provisions in this
chapter govern the construction of this title.
|
California Civil Code Section 3083
"Bonded stop notice" means a stop notice, given to any
construction lender, accompanied by a bond with good and sufficient
sureties in a penal sum...
|
California Civil Code Section 3084
(a) "Claim of lien" means a written statement, signed and
verified by the claimant or by the claimant's agent, containing all
of the following:
...
|
California Civil Code Section 3085
"Claimant" means any person entitled under this title to
record a claim of lien, to give a stop notice in connection with any
work of improvement, or
|
California Civil Code Section 3086
"Completion" means, in the case of any work of improvement
other than a public work, actual completion of the work of
improvement. Any of the...
|
California Civil Code Section 3087
"Construction lender" means any mortgagee or beneficiary
under a deed of trust lending funds with which the cost of the work
of improvement is,...
|
California Civil Code Section 3088
"Contract" means an agreement between an owner and any
original contractor providing for the work of improvement or any part
thereof.
|
California Civil Code Section 3089
(a) "Laborer" means any person who, acting as an employee,
performs labor upon or bestows skill or other necessary services on
any work of...
|
California Civil Code Section 3090
"Materialman" means any person who furnishes materials or
supplies to be used or consumed in any work of improvement.
|
California Civil Code Section 3092
"Notice of cessation" means a written notice, signed and
verified by the owner or his agent, containing all of the following:
(a) The date on or...
|
California Civil Code Section 3093
"Notice of completion" means a written notice, signed and
verified by the owner or his agent, containing all of the following:
(a) The date of...
|
California Civil Code Section 3094
"Notice of nonresponsibility" means a written notice, signed
and verified by a person owning or claiming an interest in the site
who has not caused...
|
California Civil Code Section 3095
"Original contractor" means any contractor who has a direct
contractual relationship with the owner.
|
California Civil Code Section 3096
"Payment bond" means a bond with good and sufficient sureties
that is conditioned for the payment in full of the claims of all
claimants and that...
|
California Civil Code Section 3097
"Preliminary 20-day notice (private work)" means a written
notice from a claimant that is given prior to the recording of a
mechanic's lien, prior to
|
California Civil Code Section 3097.1
Proof that the preliminary 20-day notice required by
Section 3097 was served in accordance with subdivision (f) of Section
3097 shall be made as...
|
California Civil Code Section 3098
"Preliminary 20-day notice (public work)" means a written
notice from a claimant that was given prior to the assertion of a
claim against a payment...
|
California Civil Code Section 3099
"Public entity" means the state, Regents of the University of
California, a county, city, district, public authority, public
agency, and any other...
|
California Civil Code Section 3100
"Public work" means any work of improvement contracted for by
a public entity.
|
California Civil Code Section 3101
"Site" means the real property upon which the work of
improvement is being constructed or performed.
|
California Civil Code Section 3102
"Site improvement" means the demolishing or removing of
improvements, trees, or other vegetation located thereon, or drilling
test holes or the...
|
California Civil Code Section 3103
"Stop notice" means a written notice, signed and verified by
the claimant or his or her agent, stating in general terms all of the
following:
(a)...
|
California Civil Code Section 3104
"Subcontractor" means any contractor who has no direct
contractual relationship with the owner.
|
California Civil Code Section 3105
"Subdivision" means a work of improvement consisting of two
or more separate residential units or two or more buildings, mining
claims, or other...
|
California Civil Code Section 3106
"Work of improvement" includes but is not restricted to the
construction, alteration, addition to, or repair, in whole or in
part, of any building,...
|
California Civil Code Section 3109
This chapter does not apply to any public work.
|
California Civil Code Section 3110
Mechanics, materialmen, contractors, subcontractors, lessors
of equipment, artisans, architects, registered engineers, licensed
land surveyors,...
|
California Civil Code Section 3110.5
(a) (1) This section shall apply only to an owner who
contracts for a work of improvement for construction, alteration,
addition to, or repair upon,...
|
California Civil Code Section 3111
For the purposes of this chapter, an express trust fund to
which a portion of a laborer's total compensation is to be paid
pursuant to an applicable...
|
California Civil Code Section 3112
Any claimant who, at the instance or request of the owner (or
any other person acting by his authority or under him, as contractor
or otherwise) of...
|
California Civil Code Section 3114
A claimant shall be entitled to enforce a lien only if he has
given the preliminary 20-day notice (private work) in accordance
with the provisions of
|
California Civil Code Section 3115
Each original contractor, in order to enforce a lien, must
record his claim of lien after he completes his contract and before
the expiration of (a)...
|
California Civil Code Section 3116
Each claimant other than an original contractor, in order to
enforce a lien, must record his claim of lien after he has ceased
furnishing labor,...
|
California Civil Code Section 3117
Where the work of improvement is not made pursuant to one
original contract for the work of improvement but is made in whole or
in part pursuant to...
|
California Civil Code Section 3118
Any person who shall willfully include in his claim of lien
labor, services, equipment, or materials not furnished for the
property described in such
|
California Civil Code Section 3123
(a) The liens provided for in this chapter shall be direct
liens, and shall be for the reasonable value of the labor, services,
equipment, or...
|
California Civil Code Section 3124
In any case where the claimant was employed by a contractor
or subcontractor, his claim of lien shall not extend to any labor,
services, equipment,...
|
California Civil Code Section 3128
The liens provided for in this chapter shall attach to the
work of improvement and the land on which it is situated together
with a convenient space...
|
California Civil Code Section 3129
Every work of improvement constructed upon any land and all
work or labor performed or materials furnished in connection
therewith with the knowledge
|
California Civil Code Section 3130
In every case in which one claim is filed against two or more
buildings or other works of improvement owned or reputed to be owned
by the same person
|
California Civil Code Section 3131
If a work of improvement consists in the construction of two
or more separate residential units, each such unit shall be
considered a separate "work...
|
California Civil Code Section 3134
The liens provided for in this chapter (other than with
respect to site improvements) are, subject to the exception in
Section 3138, preferred to any
|
California Civil Code Section 3135
If any site improvement is provided for in a separate
contract from any contract with respect to the erection of
residential units or other...
|
California Civil Code Section 3136
A mortgage or deed of trust which would be prior to the liens
provided for in this chapter to the extent of obligatory advances
made thereunder in...
|
California Civil Code Section 3137
The liens provided for in Section 3112 with respect to site
improvements are, subject to the exception in Section 3139, preferred
to (a) any...
|
California Civil Code Section 3138
If the holder of any mortgage or deed of trust which is
subordinate pursuant to Section 3134 to any lien, shall procure a
payment bond as defined in...
|
California Civil Code Section 3139
If the owner of the land or holder of any mortgage or deed of
trust, which is subordinate pursuant to Section 3137 to any lien,
shall procure a...
|
California Civil Code Section 3140
Any original contractor or subcontractor shall be entitled to
recover, upon a claim of lien recorded by him, only such amount as
may be due him...
|
California Civil Code Section 3143
If the owner of property, or the owner of any interest
therein, sought to be charged with a claim of lien, or any original
contractor or...
|
California Civil Code Section 3144
(a) No lien provided for in this chapter binds any property
for a longer period of time than 90 days after the recording of the
claim of lien, unless
|
California Civil Code Section 3144.5
Any person who obtains a lien release bond which is
recorded pursuant to Section 3143 shall give notice of the recording
to the lienholder by mailing
|
California Civil Code Section 3145
As against any purchaser or encumbrancer for value and in
good faith whose rights are acquired subsequent to the expiration of
the 90-day period...
|
California Civil Code Section 3146
After the filing of the complaint in the proper court, the
plaintiff may record in the office of the county recorder of the
county, or of the several
|
California Civil Code Section 3147
If the action to foreclose the lien is not brought to trial
within two years after the commencement thereof, the court may in its
discretion dismiss...
|
California Civil Code Section 3148
In all cases the dismissal of an action to foreclose the lien
(unless it is expressly stated that the same is without prejudice)
or a judgment...
|
California Civil Code Section 3149
Any number of persons claiming liens on the same property may
join in the same action to foreclose their liens and when separate
actions are...
|
California Civil Code Section 3150
In addition to any other costs allowed by law, the court in
an action to foreclose a lien must also allow as costs the money paid
for verifying and...
|
California Civil Code Section 3151
Whenever on the sale of the property subject to any liens
provided for in this chapter, under a judgment of foreclosure of such
lien, there is a...
|
California Civil Code Section 3152
Nothing contained in this title affects the right of a
claimant to maintain a personal action to recover a debt against the
person liable therefor...
|
California Civil Code Section 3153
In all cases where a claim of lien is recorded for labor,
services, equipment, or materials furnished to any contractor, he
shall defend any action...
|
California Civil Code Section 3154
(a) At any time after the expiration of the time period
specified by Section 3144 with regard to the period during which
property is bound by a lien...
|
California Civil Code Section 3156
The provisions of this chapter do not apply to any public
work.
|
California Civil Code Section 3158
Any of the persons named in Sections 3110, 3111, and 3112,
other than the original contractor, may give to the owner a stop
notice. Any person who...
|
California Civil Code Section 3159
(a) Any of the persons named in Sections 3110, 3111, and 3112
may, prior to the expiration of the period within which his or her
claim of lien must...
|
California Civil Code Section 3160
Service of a stop notice or a bonded stop notice shall be
effective only if the claimant:
(a) Gave the preliminary 20-day notice (private work)...
|
California Civil Code Section 3161
It shall be the duty of the owner upon receipt of a stop
notice pursuant to Section 3158 to withhold from the original
contractor or from any person...
|
California Civil Code Section 3162
(a) Upon receipt of a stop notice pursuant to Section 3159,
the construction lender may, and upon receipt of a bonded stop notice
the construction...
|
California Civil Code Section 3163
If the construction lender objects to the sufficiency of the
sureties on the bond accompanying the bonded stop notice, he must
give notice in writing
|
California Civil Code Section 3166
No assignment by the owner or contractor of construction loan
funds, whether made before or after a stop notice or bonded stop
notice is given to a...
|
California Civil Code Section 3167
(a) If the money withheld or required to be withheld pursuant
to any bonded stop notice shall be insufficient to pay in full the
valid claims of all...
|
California Civil Code Section 3168
Any person who willfully gives a false stop notice or bonded
stop notice or who willfully includes in his notice labor, services,
equipment, or...
|
California Civil Code Section 3171
If the owner, construction lender or any original contractor
or subcontractor disputes the correctness or validity of any stop
notice or bonded stop...
|
California Civil Code Section 3172
An action against the owner or construction lender to enforce
payment of the claim stated in the stop notice or bonded stop notice
may be commenced...
|
California Civil Code Section 3173
In case such action is commenced as provided in Section 3172
but is not brought to trial within two years after the commencement
thereof, the court...
|
California Civil Code Section 3174
Upon the dismissal of an action to enforce a stop notice or
bonded stop notice, unless expressly stated to be without prejudice,
or upon a judgment...
|
California Civil Code Section 3175
Any number of persons who have given stop notices or bonded
stop notices may join in the same action and when separate actions
are commenced the...
|
California Civil Code Section 3176
In any action against an owner or construction lender to
enforce payment of a claim stated in a bonded stop notice, the
prevailing party shall be...
|
California Civil Code Section 3176.5
If the plaintiff is the prevailing party in any action
against an owner or construction lender to enforce payment of a claim
stated in a bonded stop...
|
California Civil Code Section 3179
The provisions of this chapter apply only to a public work.
|
California Civil Code Section 3181
Except for an original contractor, any person mentioned in
Section 3110, 3111, or 3112, or in Section 4107.7 of the Public
Contract Code, or...
|
California Civil Code Section 3183
A claimant shall be entitled to enforce a stop notice only if
he has complied with each of the following conditions:
(a) He shall have given the...
|
California Civil Code Section 3184
To be effective, any stop notice pursuant to this chapter
must be served before the expiration of:
(a) Thirty days after the recording of a notice
|
California Civil Code Section 3185
No later than 10 days after the filing of a notice of
completion or after the cessation of labor has been deemed a
completion of the public work or...
|
California Civil Code Section 3186
It shall be the duty of the public entity, upon receipt of a
stop notice pursuant to this chapter, to withhold from the original
contractor, or from...
|
California Civil Code Section 3187
This chapter does not prohibit (a) the payment of any money
or bonds to the original contractor or his assignee unless a stop
notice is on file...
|
California Civil Code Section 3190
If the money withheld pursuant to stop notices shall be
insufficient to pay in full all of the valid claims stated in such
notices, the same shall be
|
California Civil Code Section 3191
Nothing in this article shall impair the right of any stop
notice claimant to recover from the contractor or his sureties any
deficit that may remain
|
California Civil Code Section 3192
Any person who willfully gives a false stop notice to the
public entity or who willfully includes in his notice labor,
services, equipment, or...
|
California Civil Code Section 3193
No assignment by the original contractor of any of the money
due or to become due to the original contractor under the contract,
or for "extras" in...
|
California Civil Code Section 3196
If the original contractor or subcontractor disputes the
correctness or validity or enforceability of any stop notice, the
public entity may, in its...
|
California Civil Code Section 3197
If the original contractor asserts (1) that the claim upon
which the stop notice is based is not included within the types or
classifications of...
|
California Civil Code Section 3198
The original contractor shall serve upon the public entity an
affidavit and a copy thereof alleging the legal grounds upon which
he bases his claim...
|
California Civil Code Section 3199
The public entity shall serve upon the claimant, either
personally or by registered or certified mail, addressed to the last
known address of the...
|
California Civil Code Section 3200
If the claimant desires to contest the original contractor's
affidavit and demand for release, he shall, within the time allowed,
serve upon the...
|
California Civil Code Section 3201
If such counteraffidavit, together with proof of service, is
so filed, either the original contractor or the claimant may file an
action in the...
|
California Civil Code Section 3202
At such hearing, the original contractor shall have the
burden of proof. The affidavit and counteraffidavit shall be filed
with the court by the...
|
California Civil Code Section 3203
No findings shall be required in a summary proceeding under
this article. When the hearing is before the court sitting without a
jury and no...
|
California Civil Code Section 3204
Nothing contained in this article shall be construed to
deprive any party of the right to a trial by jury in any case where
such right is given by...
|
California Civil Code Section 3205
No determination in the summary proceedings under this
article shall be res judicata with respect to any right of action by
the claimant against...
|
California Civil Code Section 3210
An action against the original contractor and the public
entity to enforce payment of the claim stated in the stop notice may
be commenced at any...
|
California Civil Code Section 3211
Notice of the commencement of any such action shall be given
to the public entity within five days after commencement of the
action described in...
|
California Civil Code Section 3212
In case such action is commenced as provided in Section 3210
but is not brought to trial within two years after the commencement
thereof, the court...
|
California Civil Code Section 3213
In all cases upon the dismissal of an action commenced as
provided in Section 3210, unless expressly stated to be without
prejudice, or upon a...
|
California Civil Code Section 3214
Any number of persons who have given stop notices may join
the same action and when separate actions are commenced the court
first acquiring...
|
California Civil Code Section 3225
The surety or sureties on any bond given pursuant to any of
the provisions of this title shall not be exonerated or released from
the obligation of...
|
California Civil Code Section 3226
Any bond given pursuant to the provisions of this title will
be construed most strongly against the surety and in favor of all
persons for whose...
|
California Civil Code Section 3227
(a) The written notice to be given to the surety and the bond
principal may be given by personal delivery, or by depositing the
notice in the mail,...
|
California Civil Code Section 3213
In all cases upon the dismissal of an action commenced as
provided in Section 3210, unless expressly stated to be without
prejudice, or upon a...
|
California Civil Code Section 3214
Any number of persons who have given stop notices may join
the same action and when separate actions are commenced the court
first acquiring...
|
California Civil Code Section 3235
In case the original contract for a private work of
improvement is filed in the office of the county recorder of the
county where the property is...
|
California Civil Code Section 3236
It is the intent and purpose of Section 3235 to limit the
owner's liability, in all cases, to the measure of the contract price
where he shall have...
|
California Civil Code Section 3237
When a lending institution requires that a payment bond be
furnished as a condition of lending money to finance a private work
of improvement, and...
|
California Civil Code Section 3239
No provision in any payment bond given pursuant to any of the
provisions of this chapter attempting by contract to shorten the
period prescribed in...
|
California Civil Code Section 3240
Notwithstanding Section 3239, if a surety on any payment bond
given pursuant to this chapter records the payment bond in the
office of the county...
|
California Civil Code Section 3242
(a) With regard to a contract entered into on or after
January 1, 1995, in order to enforce a claim upon any payment bond
given in connection with a...
|
California Civil Code Section 3247
(a) Every original contractor to whom is awarded a contract
by a public entity, except as provided in subdivision (d) of Section
7103 of the Public...
|
California Civil Code Section 3248
In order to be approved, the payment bond shall satisfy all
of the following requirements:
(a) The bond shall be in a sum not less than one...
|
California Civil Code Section 3249
Suit against the surety or sureties on the payment bond may
be brought by any claimant, or his assigns, at any time after the
claimant has furnished...
|
California Civil Code Section 3250
The filing of a stop notice is not a condition precedent to
the maintenance of an action against the surety or sureties on the
payment bond. An...
|
California Civil Code Section 3251
Unless a payment bond is filed and approved as provided in
this chapter, no claim in favor of the original contractor arising
under the contract...
|
California Civil Code Section 3252
(a) With regard to a contract entered into on or after
January 1, 1995, in order to enforce a claim upon any payment bond
given in connection with a...
|
California Civil Code Section 3258
The county recorder shall number, index, and preserve all
contracts, plans, and other papers presented to him for filing
pursuant to this title, and...
|
California Civil Code Section 3259
Except as otherwise provided in this title, the provisions of
Part 2 (commencing with Section 307) of the Code of Civil Procedure
are applicable to,...
|
California Civil Code Section 3259.5
(a) The owner of a private work of improvement shall notify
the original contractor, and any claimant other than the original
contractor who has...
|
California Civil Code Section 3260
(a) This section is applicable with respect to all contracts
entered into on or after July 1, 1991, relating to the construction
of any private work...
|
California Civil Code Section 3260.1
(a) This section is applicable with respect to all
contracts entered into on or after January 1, 1992, relating to the
construction of any private...
|
California Civil Code Section 3260.2
(a) If an original contractor is not paid all moneys which
are owed pursuant to a written contract for a private work of
improvement within 35 days...
|
California Civil Code Section 3261
No mistake or errors in the statement of the demand, or of
the amount of credits and offsets allowed, or of the balance asserted
to be due the...
|
California Civil Code Section 3262
(a) Neither the owner nor original contractor by any term of
a contract, or otherwise, shall waive, affect, or impair the claims
and liens of other...
|
California Civil Code Section 3262.5
(a) Any person or corporation which has contracted to do
business with a public utility, hereafter referred to in this section
as a contractor, shall
|
California Civil Code Section 3263
No act done by an owner in good faith and in compliance with
any of the provisions of this title shall be held to be a prevention
of the performance...
|
California Civil Code Section 3264
The rights of all persons furnishing labor, services,
equipment, or materials for any work of improvement, with respect to
any fund for payment of...
|
California Civil Code Section 3265
The claim filing procedures set forth in Part 3 (commencing
with Section 900) of Division 3.6 of Title 1 of the Government Code
do not apply to...
|
California Civil Code Section 3266
(a) This title does not supersede the Oil and Gas Lien Act,
Chapter 2.5 (commencing with Section 1203.50), Title 4, Part 3, of
the Code of Civil...
|
California Civil Code Section 3267
Nothing contained in this title shall be construed to give to
any person any right of action on any original contractor's private
or public work...
|
California Civil Code Section 3268
Except where it is otherwise declared, the provisions of the
foregoing titles of this part, in respect to the rights and
obligations of parties to...
|
California Civil Code Section 3269
For purposes of this title, the following definitions apply:
(a) "Year 2000 Problem" means any expected or actual computing,
physical,...
|
California Civil Code Section 3270
(a) Notwithstanding any other law, any person that discloses
information regarding the Year 2000 Problem or any potential
solutions to the problem,...
|
California Civil Code Section 3271
(a) Section 3270 shall not apply if the claimant in an action
described in that section establishes that the Year 2000 Problem
information disclosure
|
California Civil Code Section 3272
It is the intent of the Legislature to clearly define the
legal standards that relate to the Year 2000 Problem and the extent
to which state statute...
|
California Civil Code Section 3272.1
For purposes of this title, the following definitions shall
apply:
(a) "Year 2000 Problem" has the same meaning as that set forth in
subdivision...
|
California Civil Code Section 3272.2
Except as provided by this title, no provision of state
statute shall be construed to limit damages or liability, afford
greater protection to...
|
California Civil Code Section 3272.3
(a) Except as provided by this section, no state agency
shall impose any civil fine on a small business for a violation of an
administrative rule or...
|
California Civil Code Section 3272.4
Nothing in this title shall create a new cause of action,
and except as otherwise explicitly provided in this title, nothing in
this title shall...
|
California Civil Code Section 3272.7
Nothing in this title shall supersede any provision of
Title 17 (commencing with Section 3269) of the Civil Code and Title 1
(commencing with Section
|
California Civil Code Section 3272.9
This title shall become inoperative on July 1, 2001.
|
California Civil Code Section 3274
As a general rule, compensation is the relief or remedy
provided by the law of this State for the violation of private
rights, and the means of...
|
California Civil Code Section 3275
Whenever, by the terms of an obligation, a party thereto
incurs a forfeiture, or a loss in the nature of a forfeiture, by
reason of his failure to...
|
California Civil Code Section 3281
Every person who suffers detriment from the unlawful act or
omission of another, may recover from the person in fault a
compensation therefor in...
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California Civil Code Section 3282
Detriment is a loss or harm suffered in person or property.
|
California Civil Code Section 3283
Damages may be awarded, in a judicial proceeding, for
detriment resulting after the commencement thereof, or certain to
result in the future.
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California Civil Code Section 3287
(a) Every person who is entitled to recover damages certain,
or capable of being made certain by calculation, and the right to
recover which is...
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California Civil Code Section 3288
In an action for the breach of an obligation not arising from
contract, and in every case of oppression, fraud, or malice,
interest may be given, in...
|
California Civil Code Section 3289
(a) Any legal rate of interest stipulated by a contract
remains chargeable after a breach thereof, as before, until the
contract is superseded by a...
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California Civil Code Section 3289.5
For purposes of Section 3289, the rate of the contracted
finance charge shall be the legal rate of interest stipulated by a
retail installment...
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California Civil Code Section 3290
Accepting payment of the whole principal, as such, waives all
claim to interest.
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California Civil Code Section 3291
In any action brought to recover damages for personal injury
sustained by any person resulting from or occasioned by the tort of
any other person,...
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California Civil Code Section 3294
(a) In an action for the breach of an obligation not arising
from contract, where it is proven by clear and convincing evidence
that the defendant...
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California Civil Code Section 3295
(a) The court may, for good cause, grant any defendant a
protective order requiring the plaintiff to produce evidence of a
prima facie case of...
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California Civil Code Section 3296
(a) Whenever a judgment for punitive damages is entered
against an insurer or health care service plan licensed pursuant to
Chapter 2.2 (commencing...
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California Civil Code Section
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California Civil Code Section 3301
No damages can be recovered for a breach of contract which
are not clearly ascertainable in both their nature and origin.
|
California Civil Code Section 3302
The detriment caused by the breach of an obligation to pay
money only, is deemed to be the amount due by the terms of the
obligation, with interest...
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California Civil Code Section 3304
The detriment caused by the breach of a covenant of "seizin,"
of "right to convey," of "warranty," or of "quiet enjoyment," in a
grant of an estate...
|
California Civil Code Section 3305
The detriment caused by the breach of a covenant against
incumbrances in a grant of an estate in real property is deemed to be
the amount which has...
|
California Civil Code Section 3306
The detriment caused by the breach of an agreement to convey
an estate in real property, is deemed to be the price paid, and the
expenses properly...
|
California Civil Code Section 3306a
The minimum detriment caused by the breach of an agreement
to execute and deliver a quitclaim deed to real property is deemed to
be the expenses...
|
California Civil Code Section 3307
The detriment caused by the breach of an agreement to
purchase an estate in real property is deemed to be the excess, if
any, of the amount which...
|
California Civil Code Section 3308
The parties to any lease of real or personal property may
agree therein that if the lease shall be terminated by the lessor by
reason of any breach...
|
California Civil Code Section 3315
The detriment caused by the breach of a carrier's obligation
to accept freight, messages, or passengers, is deemed to be the
difference between the...
|
California Civil Code Section 3316
The detriment caused by the breach of a carrier's obligation
to deliver freight, where he has not converted it to his own use, is
deemed to be the...
|
California Civil Code Section 3317
The detriment caused by a carrier's delay in the delivery of
freight, is deemed to be the depreciation in the intrinsic value of
the freight during...
|
California Civil Code Section 3318
The detriment caused by the breach of a warranty of an agent'
s authority, is deemed to be the amount which could have been
recovered and collected...
|
California Civil Code Section 3319
(a) In each written contract for private works of improvement
entered into on or after January 1, 1996, the contracting party and
the design...
|
California Civil Code Section 3320
(a) In each contract for public works of improvement, entered
into on or after January 1, 1996, the public agency shall pay to the
prime design...
|
California Civil Code Section 3321
(a) In each contract for public works of improvement, a prime
design professional shall pay to each subconsultant design
professional the amount due...
|
California Civil Code Section 3322
(a) (1) A broker of construction trucking services shall pay
all transportation charges submitted by a motor carrier of property
in dump truck...
|
California Civil Code Section 3333
For the breach of an obligation not arising from contract,
the measure of damages, except where otherwise expressly provided by
this Code, is the...
|
California Civil Code Section 3333.1
(a) In the event the defendant so elects, in an action for
personal injury against a health care provider based upon
professional negligence, he may...
|
California Civil Code Section 3333.2
(a) In any action for injury against a health care provider
based on professional negligence, the injured plaintiff shall be
entitled to recover...
|
California Civil Code Section 3333.3
In any action for damages based on negligence, a person may
not recover any damages if the plaintiff's injuries were in any way
proximately caused by
|
California Civil Code Section 3333.4
(a) Except as provided in subdivision (c), in any action to
recover damages arising out of the operation or use of a motor
vehicle, a person shall...
|
California Civil Code Section 3333.5
(a) Each pipeline corporation that qualifies as a public
utility within Section 216 of the Public Utilities Code that
transports any crude oil or...
|
California Civil Code Section 3333.7
(a) Notwithstanding any other provision of law, any person
who suffers injury that is proximately caused by the driver of a
commercial motor vehicle...
|
California Civil Code Section 3334
(a) The detriment caused by the wrongful occupation of real
property, in cases not embraced in Section 3335 of this code, the
Eminent Domain Law...
|
California Civil Code Section 3335
For willfully holding over real property, by a person who
entered upon the same, as guardian or trustee for an infant, or by
right of an estate...
|
California Civil Code Section 3336
The detriment caused by the wrongful conversion of personal
property is presumed to be:
First--The value of the property at the time of the...
|
California Civil Code Section 3337
The presumption declared by the last section cannot be
repelled, in favor of one whose possession was wrongful from the
beginning, by his subsequent...
|
California Civil Code Section 3338
One having a mere lien on personal property, cannot recover
greater damages for its conversion, from one having a right thereto
superior to his,...
|
California Civil Code Section 3339
The Legislature finds and declares the following:
(a) All protections, rights, and remedies available under state
law, except any reinstatement...
|
California Civil Code Section 3340
For wrongful injuries to animals being subjects of property,
committed willfully or by gross negligence, in disregard of humanity,
exemplary damages...
|
California Civil Code Section 3341
The owner, possessor, or harborer of any dog or other animal,
that shall, on the premises of any person other than the owner,
possessor, or harborer...
|
California Civil Code Section 3342
(a) The owner of any dog is liable for the damages suffered
by any person who is bitten by the dog while in a public place or
lawfully in a private...
|
California Civil Code Section 3342.5
(a) The owner of any dog that has bitten a human being
shall have the duty to take such reasonable steps as are necessary to
remove any danger...
|
California Civil Code Section 3343
(a) One defrauded in the purchase, sale or exchange of
property is entitled to recover the difference between the actual
value of that with which the
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California Civil Code Section 3343.5
(a) Any one or more of the following who suffers any damage
proximately resulting from one or more acts of unlawful motor
vehicle subleasing, as...
|
California Civil Code Section 3343.7
An action may be brought against any nonprofit organization
operated on a cooperative basis by and for independent retailers
which wholesales goods...
|
California Civil Code Section 3344
(a) Any person who knowingly uses another's name, voice,
signature, photograph, or likeness, in any manner, on or in products,
merchandise, or goods,
|
California Civil Code Section 3344.1
(a) (1) Any person who uses a deceased personality's name,
voice, signature, photograph, or likeness, in any manner, on or in
products, merchandise,...
|
California Civil Code Section 3344.5
(a) Any person whose signature is used in violation of, and
any candidate for elective office whose election or defeat is
expressly advocated in any...
|
California Civil Code Section 3344.6
(a) Any candidate for elective office whose election or
defeat is expressly advocated in any campaign advertisement which
violates subdivision (a) of
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California Civil Code Section 3345
(a) This section shall apply only in actions brought by, on
behalf of, or for the benefit of senior citizens or disabled persons,
as those terms are...
|
California Civil Code Section 3346
(a) For wrongful injuries to timber, trees, or underwood upon
the land of another, or removal thereof, the measure of damages is
three times such sum
|
California Civil Code Section 3353
In estimating damages, the value of property to a seller
thereof is deemed to be the price which he could have obtained
therefor in the market...
|
California Civil Code Section 3354
In estimating damages, except as provided by Section 3355 and
3356, the value of property, to a buyer or owner thereof, deprived
of its possession,...
|
California Civil Code Section 3355
Where certain property has a peculiar value to a person
recovering damages for deprivation thereof, or injury thereto, that
may be deemed to be its...
|
California Civil Code Section 3357
The damages prescribed by this Chapter are exclusive of
exemplary damages and interest, except where those are expressly
mentioned.
|
California Civil Code Section 3358
Except as expressly provided by statute, no person can
recover a greater amount in damages for the breach of an obligation,
than he could have gained
|
California Civil Code Section 3359
Damages must, in all cases, be reasonable, and where an
obligation of any kind appears to create a right to unconscionable
and grossly oppressive...
|
California Civil Code Section 3360
When a breach of duty has caused no appreciable detriment to
the party affected, he may yet recover nominal damages.
|
California Civil Code Section 3366
Specific or preventive relief may be given as provided by the
laws of this state.
|
California Civil Code Section 3367
Specific relief is given:
1. By taking possession of a thing, and delivering it to a
claimant;
2. By compelling a party himself to do that...
|
California Civil Code Section 3368
Preventive relief is given by prohibiting a party from doing
that which ought not to be done.
|
California Civil Code Section 3369
Neither specific nor preventive relief can be granted to
enforce a penalty or forfeiture in any case, nor to enforce a penal
law, except in a case of
|
California Civil Code Section 3372
(a) Any person engaged in the business of advising others for
compensation as to the advisability of purchasing, holding or
selling property for...
|
California Civil Code Section 3375
A person entitled to specific real property, by reason either
of a perfected title, or of a claim to title which ought to be
perfected, may recover...
|
California Civil Code Section 3379
A person entitled to the immediate possession of specific
personal property may recover the same in the manner provided by the
CODE OF CIVIL...
|
California Civil Code Section
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California Civil Code Section 3386
Notwithstanding that the agreed counterperformance is not or
would not have been specifically enforceable, specific performance
may be compelled if:
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California Civil Code Section 3387
It is to be presumed that the breach of an agreement to
transfer real property cannot be adequately relieved by pecuniary
compensation. In the case...
|
California Civil Code Section 3388
A party who has signed a written contract may be compelled
specifically to perform it, though the other party has not signed it,
if the latter has...
|
California Civil Code Section 3389
A contract otherwise proper to be specifically enforced, may
be thus enforced, though a penalty is imposed, or the damages are
liquidated for its...
|
California Civil Code Section 3390
The following obligations cannot be specifically enforced:
1. An obligation to render personal service;
2. An obligation to employ another in...
|
California Civil Code Section 3391
Specific performance cannot be enforced against a party to a
contract in any of the following cases:
1. If he has not received an adequate...
|
California Civil Code Section 3392
Specific performance cannot be enforced in favor of a party
who has not fully and fairly performed all the conditions precedent
on his part to the...
|
California Civil Code Section 3394
An agreement for the sale of property cannot be specifically
enforced in favor of a seller who cannot give to the buyer a title
free from reasonable...
|
California Civil Code Section 3395
Whenever an obligation in respect to real property would be
specifically enforced against a particular person, it may be in like
manner enforced...
|
California Civil Code Section 3399
When, through fraud or a mutual mistake of the parties, or a
mistake of one party, which the other at the time knew or suspected,
a written contract...
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California Civil Code Section 3400
For the purpose of revising a contract, it must be presumed
that all the parties thereto intended to make an equitable and
conscientious agreement.
|
California Civil Code Section 3401
In revising a written instrument, the Court may inquire what
the instrument was intended to mean, and what were intended to be its
legal...
|
California Civil Code Section 3402
A contract may be first revised and then specifically
enforced.
|
California Civil Code Section 3412
A written instrument, in respect to which there is a
reasonable apprehension that if left outstanding it may cause serious
injury to a person against
|
California Civil Code Section 3413
An instrument, the invalidity of which is apparent upon its
face, or upon the face of another instrument which is necessary to
the use of the former...
|
California Civil Code Section 3414
Where an instrument is evidence of different rights or
obligations, it may be canceled in part, and allowed to stand for the
residue.
|
California Civil Code Section 3415
(a) An action may be maintained by any person interested in
any private document or instrument in writing, which has been lost or
destroyed, to prove
|
California Civil Code Section 3420
Preventive relief is granted by injunction, provisional or
final.
|
California Civil Code Section 3421
Provisional injunctions are regulated by the CODE OF CIVIL
PROCEDURE.
|
California Civil Code Section 3422
Except where otherwise provided by this Title, a final
injunction may be granted to prevent the breach of an obligation
existing in favor of the...
|
California Civil Code Section 3423
An injunction may not be granted:
(a) To stay a judicial proceeding pending at the commencement of
the action in which the injunction is demanded,
|
California Civil Code Section 3424
(a) Upon notice and motion, the court may modify or dissolve
a final injunction upon a showing that there has been a material
change in the facts...
|
California Civil Code Section 3425.1
This title may be cited as the Uniform Single Publication
Act.
|
California Civil Code Section 3425.2
This act shall be so interpreted as to effectuate its
purpose to make uniform the law of those states or jurisdictions
which enact it.
|
California Civil Code Section 3425.3
No person shall have more than one cause of action for
damages for libel or slander or invasion of privacy or any other tort
founded upon any single...
|
California Civil Code Section 3425.4
A judgment in any jurisdiction for or against the plaintiff
upon the substantive merits of any action for damages founded upon a
single publication...
|
California Civil Code Section 3425.5
This title shall not be retroactive as to causes of action
existing on its effective date.
|
California Civil Code Section 3426
This title may be cited as the Uniform Trade Secrets Act.
|
California Civil Code Section 3426.1
As used in this title, unless the context requires
otherwise:
(a) "Improper means" includes theft, bribery, misrepresentation,
breach or...
|
California Civil Code Section 3426.2
(a) Actual or threatened misappropriation may be enjoined.
Upon application to the court, an injunction shall be terminated
when the trade secret has
|
California Civil Code Section 3426.3
(a) A complainant may recover damages for the actual loss
caused by misappropriation. A complainant also may recover for the
unjust enrichment...
|
California Civil Code Section 3426.4
If a claim of misappropriation is made in bad faith, a
motion to terminate an injunction is made or resisted in bad faith,
or willful and malicious...
|
California Civil Code Section 3426.5
In an action under this title, a court shall preserve the
secrecy of an alleged trade secret by reasonable means, which may
include granting...
|
California Civil Code Section 3426.6
An action for misappropriation must be brought within three
years after the misappropriation is discovered or by the exercise of
reasonable diligence
|
California Civil Code Section 3426.7
(a) Except as otherwise expressly provided, this title does
not supersede any statute relating to misappropriation of a trade
secret, or any statute...
|
California Civil Code Section 3426.8
This title shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the subject
of this title among...
|
California Civil Code Section 3426.9
If any provision of this title or its application to any
person or circumstances is held invalid, the invalidity does not
affect other provisions or...
|
California Civil Code Section 3426.10
This title does not apply to misappropriation occurring
prior to January 1, 1985. If a continuing misappropriation otherwise
covered by this title...
|
California Civil Code Section 3426.11
Notwithstanding subdivision (b) of Section 47, in any
legislative or judicial proceeding, or in any other official
proceeding authorized by law, or...
|
California Civil Code Section 3427
As used in this title:
(a) "Aggrieved" means and refers to any of the following persons
or entities:
(1) A person physically present at a...
|
California Civil Code Section 3427.1
It is unlawful, and constitutes the tort of commercial
blockade for a person, alone or in concert with others, to
intentionally prevent an individual
|
California Civil Code Section 3427.2
A person or health care facility aggrieved by the actions
prohibited by this title may seek civil damages from those who
committed the prohibited...
|
California Civil Code Section 3427.3
The court having jurisdiction over a civil proceeding under
this title shall take all steps reasonably necessary to safeguard
the individual privacy...
|
California Civil Code Section 3427.4
This title shall not be construed to impair any
constitutionally protected activity or any activities protected by
the labor laws of this state or...
|
California Civil Code Section 3428
(a) For services rendered on or after January 1, 2001, a
health care service plan or managed care entity, as described in
subdivision (f) of Section...
|
California Civil Code Section 3429
A debtor, within the meaning of this Title, is one who, by
reason of an existing obligation, is or may become liable to pay
money to another, whether
|
California Civil Code Section 3430
A creditor, within the meaning of this Title, is one in whose
favor an obligation exists, by reason of which he is, or may become,
entitled to the...
|
California Civil Code Section 3431
In the absence of fraud, every contract of a debtor is valid
against all his creditors, existing or subsequent, who have not
acquired a lien on the...
|
California Civil Code Section 3432
A debtor may pay one creditor in preference to another, or
may give to one creditor security for the payment of his demand in
preference to another.
|
California Civil Code Section 3433
Where a creditor is entitled to resort to each of several
funds for the satisfaction of his claim, and another person has an
interest in, or is...
|
California Civil Code Section 3434
A lender who makes a loan of money, the proceeds of which are
used or may be used by the borrower to finance the design,
manufacture, construction,...
|
California Civil Code Section 3439
This chapter may be cited as the Uniform Fraudulent Transfer
Act.
|
California Civil Code Section 3439.01
As used in this chapter the following definitions are
applicable:
(a) "Asset" means property of a debtor, but the term does not
include, the...
|
California Civil Code Section 3439.02
(a) A debtor is insolvent if, at fair valuations, the sum
of the debtor's debts is greater than all of the debtor's assets.
(b) A debtor which is...
|
California Civil Code Section 3439.03
Value is given for a transfer or an obligation if, in
exchange for the transfer or obligation, property is transferred or
an antecedent debt is...
|
California Civil Code Section 3439.04
(a) A transfer made or obligation incurred by a debtor is
fraudulent as to a creditor, whether the creditor's claim arose
before or after the...
|
California Civil Code Section 3439.05
A transfer made or obligation incurred by a debtor is
fraudulent as to a creditor whose claim arose before the transfer was
made or the obligation...
|
California Civil Code Section 3439.06
For the purposes of this chapter:
(a) A transfer is made:
(1) With respect to an asset that is real property other than a
fixture, but...
|
California Civil Code Section 3439.07
(a) In an action for relief against a transfer or
obligation under this chapter, a creditor, subject to the limitations
in Section 3439.08, may...
|
California Civil Code Section 3439.08
(a) A transfer or an obligation is not voidable under
paragraph (1) of subdivision (a) of Section 3439.04, against a person
who took in good faith...
|
California Civil Code Section 3439.09
A cause of action with respect to a fraudulent transfer or
obligation under this chapter is extinguished unless action is
brought pursuant to...
|
California Civil Code Section 3439.10
Unless displaced by the provisions of this chapter, the
principles of law and equity, including the law merchant and the law
relating to principal...
|
California Civil Code Section 3439.11
This chapter shall be applied and construed to effectuate
its general purpose to make uniform the law with respect to the
subject of this chapter...
|
California Civil Code Section 3439.12
This chapter, and the other changes in the law made by
Chapter 383 of the Statutes of 1986, apply only to transfers made or
obligations incurred on...
|
California Civil Code Section 3440
(a) Except as otherwise provided in this chapter, every
transfer of personal property made by a person having at the time the
possession of the...
|
California Civil Code Section 3440.1
This chapter does not apply to any of the following:
(a) Things in action.
(b) Ships or cargoes if either are at sea or in a foreign port.
...
|
California Civil Code Section 3440.2
Subject to Section 3440.3, a transfer of personal property
shall not be void under Section 3440 as against a creditor of the
transferor or as against
|
California Civil Code Section 3440.3
A transfer of personal property, as to which the conditions
set forth in subdivision (h) of Section 3440.1, Section 3440.2, or
subdivision (b) of...
|
California Civil Code Section 3440.4
This chapter does not affect the rights of a buyer for
value in good faith who purchases the transferred personal property
from the transferee or...
|
California Civil Code Section 3440.5
(a) This chapter does not affect the rights of a secured
party who, for value and in good faith, acquires a security interest
in the transferred...
|
California Civil Code Section 3440.6
No action shall be brought or levy made under this chapter
more than one year after the earliest of the following dates:
(a) The date the person...
|
California Civil Code Section 3440.9
Subdivision (2) of Section 2402 and subdivision (a) of
Section 10308 of the Commercial Code are not restricted by the
provisions of this chapter.
|
California Civil Code Section 3439.08
(a) A transfer or an obligation is not voidable under
paragraph (1) of subdivision (a) of Section 3439.04, against a person
who took in good faith...
|
California Civil Code Section 3439.09
A cause of action with respect to a fraudulent transfer or
obligation under this chapter is extinguished unless action is
brought pursuant to...
|
California Civil Code Section 3439.10
Unless displaced by the provisions of this chapter, the
principles of law and equity, including the law merchant and the law
relating to principal...
|
California Civil Code Section 3439.11
This chapter shall be applied and construed to effectuate
its general purpose to make uniform the law with respect to the
subject of this chapter...
|
California Civil Code Section 3439.12
This chapter, and the other changes in the law made by
Chapter 383 of the Statutes of 1986, apply only to transfers made or
obligations incurred on...
|
California Civil Code Section 3445
As used in this chapter:
(a) "Transfer" means "transfer" as defined in Section 3439.01.
(b) "Creditor" means "creditor" as defined in Section...
|
California Civil Code Section 3446
(a) In an action by a creditor for relief against a transfer
or obligation under Chapter 1 (commencing with Section 3439) of Title
2 of Part 2 of...
|
California Civil Code Section 3447
The undertaking shall be conditioned that, if it is
determined in the action that the transfer or obligation was
fraudulent as to the creditor, the...
|
California Civil Code Section 3448
The undertaking shall be in the lesser of the following
amounts:
(a) Double the value of the property or obligation.
(b) Double the amount of...
|
California Civil Code Section 3449
The undertaking becomes effective 10 days after service of
the undertaking on the creditor.
|
California Civil Code Section 3479
Anything which is injurious to health, including, but not
limited to, the illegal sale of controlled substances, or is indecent
or offensive to the...
|
California Civil Code Section 3481
Every nuisance not included in the definition of the last
section is private.
|
California Civil Code Section 3482
Nothing which is done or maintained under the express
authority of a statute can be deemed a nuisance.
|
California Civil Code Section 3482.1
(a) As used in this section:
(1) "Person" means an individual, proprietorship, partnership,
corporation, club, or other legal entity.
(2)...
|
California Civil Code Section 3482.5
(a) (1) No agricultural activity, operation, or facility,
or appurtenances thereof, conducted or maintained for commercial
purposes, and in a manner...
|
California Civil Code Section 3482.6
(a) No agricultural processing activity, operation,
facility, or appurtenances thereof, conducted or maintained for
commercial purposes, and in a...
|
California Civil Code Section 3483
Every successive owner of property who neglects to abate a
continuing nuisance upon, or in the use of, such property, created by
a former owner, is...
|
California Civil Code Section 3484
The abatement of a nuisance does not prejudice the right of
any person to recover damages for its past existence.
|
California Civil Code Section 3485
(a) To abate the nuisance caused by illegal conduct involving
an unlawful weapons or ammunition purpose on real property, the city
prosecutor or city
|
California Civil Code Section 3490
No lapse of time can legalize a public nuisance, amounting to
an actual obstruction of public right.
|
California Civil Code Section 3491
The remedies against a public nuisance are:
1. Indictment or information;
2. A civil action; or,
3. Abatement.
|
California Civil Code Section 3492
The remedy by indictment or information is regulated by the
Penal Code.
|
California Civil Code Section 3493
A private person may maintain an action for a public
nuisance, if it is specially injurious to himself, but not otherwise.
|
California Civil Code Section 3494
A public nuisance may be abated by any public body or officer
authorized thereto by law.
|
California Civil Code Section 3495
Any person may abate a public nuisance which is specially
injurious to him by removing, or, if necessary, destroying the thing
which constitutes the...
|
California Civil Code Section 3496
In any of the following described cases, the court may award
costs, including the costs of investigation and discovery, and
reasonable attorneys'...
|
California Civil Code Section 3501
The remedies against a private nuisance are:
1. A civil action; or,
2. Abatement.
|
California Civil Code Section 3502
A person injured by a private nuisance may abate it by
removing, or, if necessary, destroying the thing which constitutes
the nuisance, without...
|
California Civil Code Section 3503
Where a private nuisance results from a mere omission of the
wrongdoer, and cannot be abated without entering upon his land,
reasonable notice must...
|
California Civil Code Section 3504
As used in this title:
(a) "Animal" means any amphibian, bird, mammal or reptile. It
does not include any fish or insect.
(b) "Motion picture"
|
California Civil Code Section 3505
(a) The exhibition of any motion picture, if any intentional
killing of, or cruelty to, a human being or an animal is shown in the
motion picture and
|
California Civil Code Section 3506
Whenever there is reasonable cause to believe that a nuisance
as defined in this title is kept, maintained or is in existence in
any county, the...
|
California Civil Code Section 3507
Whenever an action is initiated under this title to abate an
alleged nuisance, an adversary trial on the merits shall be held
pursuant to Section...
|
California Civil Code Section 3507.1
In actions brought under this title, the motion picture
shall be admissible into evidence. The burden of proof that the
exhibition of the particular...
|
California Civil Code Section 3507.2
Actions brought under this title shall be brought as
promptly as possible. Such actions shall have precedence over all
actions, excepting criminal...
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California Civil Code Section 3507.3
Any violation or disobedience of an injunction or order
expressly provided for by this title is punishable as a contempt of
court by a fine of not...
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California Civil Code Section 3507.4
The distributor who furnished a motion picture to a person
who is made a defendant in an action under this title, and the
producer of a motion...
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California Civil Code Section 3508
(a) This title shall not apply to any of the following:
(1) The exhibition of any motion picture, such as a newsreel or
documentary, involving...
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California Civil Code Section 3508.1
Any producer who willfully misstates or causes to be
misstated any fact contained in a statement under paragraph (6) or
(7) of Section 3508 is guilty
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California Civil Code Section 3508.2
If any provision of this title or the application thereof
to any person or circumstances is held invalid, such invalidity shall
not affect other...
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California Civil Code Section 3509
The maxims of jurisprudence hereinafter set forth are
intended not to qualify any of the foregoing provisions of this Code,
but to aid in their just...
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California Civil Code Section 3510
When the reason of a rule ceases, so should the rule itself.
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California Civil Code Section 3511
Where the reason is the same, the rule should be the same.
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California Civil Code Section 3512
One must not change his purpose to the injury of another.
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California Civil Code Section 3513
Any one may waive the advantage of a law intended solely for
his benefit. But a law established for a public reason cannot be
contravened by a...
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California Civil Code Section 3514
One must so use his own rights as not to infringe upon the
rights of another.
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California Civil Code Section 3515
He who consents to an act is not wronged by it.
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California Civil Code Section 3516
Acquiescence in error takes away the right of objecting to
it.
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California Civil Code Section 3517
No one can take advantage of his own wrong.
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California Civil Code Section 3518
He who has fraudulently dispossessed himself of a thing may
be treated as if he still had possession.
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California Civil Code Section 3519
He who can and does not forbid that which is done on his
behalf, is deemed to have bidden it.
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California Civil Code Section 3520
No one should suffer by the act of another.
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California Civil Code Section 3521
He who takes the benefit must bear the burden.
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California Civil Code Section 3522
One who grants a thing is presumed to grant also whatever is
essential to its use.
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California Civil Code Section 3523
For every wrong there is a remedy.
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California Civil Code Section 3524
Between those who are equally in the right, or equally in the
wrong, the law does not interpose.
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California Civil Code Section 3525
Between rights otherwise equal, the earliest is preferred.
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California Civil Code Section 3526
No man is responsible for that which no man can control.
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California Civil Code Section 3527
The law helps the vigilant, before those who sleep on their
rights.
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California Civil Code Section 3528
The law respects form less than substance.
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California Civil Code Section 3529
That which ought to have been done is to be regarded as done,
in favor of him to whom, and against him from whom, performance is
due.
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California Civil Code Section 3530
That which does not appear to exist is to be regarded as if
it did not exist.
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California Civil Code Section 3531
The law never requires impossibilities.
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California Civil Code Section 3532
The law neither does nor requires idle acts.
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California Civil Code Section 3533
The law disregards trifles.
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California Civil Code Section 3534
Particular expressions qualify those which are general.
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California Civil Code Section 3535
Contemporaneous exposition is in general the best.
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California Civil Code Section 3536
The greater contains the less.
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California Civil Code Section 3537
Superfluity does not vitiate.
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California Civil Code Section 3538
That is certain which can be made certain.
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California Civil Code Section 3539
Time does not confirm a void act.
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California Civil Code Section 3540
The incident follows the principal, and not the principal the
incident.
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California Civil Code Section 3541
An interpretation which gives effect is preferred to one
which makes void.
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California Civil Code Section 3542
Interpretation must be reasonable.
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California Civil Code Section 3543
Where one of two innocent persons must suffer by the act of a
third, he, by whose negligence it happened, must be the sufferer.
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California Civil Code Section 3545
Private transactions are fair and regular.
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California Civil Code Section 3546
Things happen according to the ordinary course of nature and
the ordinary habits of life.
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California Civil Code Section 3547
A thing continues to exist as long as is usual with things of
that nature.
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California Civil Code Section 3548
The law has been obeyed.
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California Civil Code Section 7100
(a) Every retail grocery store or grocery department within a
general retail merchandise store which uses a point-of-sale system
shall cause to have...
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California Civil Code Section 7101
(a) The intentional violation of Section 7100 is punishable
by a civil penalty of not less than twenty-five dollars ($25) nor
more than five hundred...
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California Civil Code Section 7102
Any person, firm, corporation, or association who violates
Sections 7100 and 7101 shall be liable to any person injured for any
losses and expenses...
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California Civil Code Section 7103
Improper pricing on the shelf or on the item due to
unintentional error shall not constitute a violation of this
division.
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California Civil Code Section 7104
The remedies set forth in Sections 7101 and 7102 are the
exclusive remedies available to any person, state or local agency or
law enforcement...
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California Civil Code Section 7105
This part shall be known and may be cited as the
Rosenthal-Roberti Item Pricing Act.
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California Civil Code Section 7106
It is the intention of the Legislature that this part shall
occupy the field with regard to item pricing and shall preempt all
local ordinances,...
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