Civil Code — Part 10 | CIV — United States — California law | Esheria

Civil Code

Part 10 of 20 · provisions 1,801–2,000

This section names the act the Civil Code of the State of California and says it is divided into four parts.

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Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title. Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity. A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary. Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property. A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

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Provisions of Civil Code

Showing 200 of 3,922

  1. 1954.18.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Transitional Housing Participant Misconduct [1954.10 - 1954.18] ( Chapter 2.5 added by Stats. 2016, Ch. 714, Sec. 5. ) ## ARTICLE 3. Recovery of Dwelling [1954.17 - 1954.18] ( Article 3 added by Stats. 2016, Ch. 714, Sec. 5. )

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    If a program operator takes possession of the property, it must give the subject participant a reasonable chance to remove property from the dwelling unit. After that, the operator may treat any remaining property as abandoned property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Transitional Housing Participant Misconduct [1954.10 - 1954.18] ( Chapter 2.5 added by Stats. 2016, Ch. 714, Sec. 5. ) ## ARTICLE 3. Recovery of Dwelling [1954.17 - 1954.18] ( Article 3 added by Stats. 2016, Ch. 714, Sec. 5. ) ## 1954.18. If the program operator takes possession of the property, pursuant to this article, the program operator shall give the subject participant a reasonable opportunity to remove the participant’s property from his or her dwelling unit on the program site, and, thereafter, the program operator may consider the remaining subject participant’s property to be abandoned property pursuant to Chapter 5 (commencing with Section 1980). (Added by Stats. 2016, Ch. 714, Sec. 5. (SB 944) Effective January 1, 2017.)
  2. 1954.25.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. )

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    This section says commercial rent control is a statewide concern and states that the chapter does not apply to local rental controls on residential real property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. ) ## 1954.25. The Legislature finds that the price charged for commercial real property is a matter of statewide concern. Price controls on commercial rents discourage expansion of commercial development and entrepreneurial enterprise. These controls also discourage competition in the open market by giving artificial price benefits to one enterprise to the disadvantage of another. Because the impact of these controls goes beyond the local boundaries within which the controls are imposed, the adverse economic consquences become statewide. In order to prevent this statewide economic drain from occurring, the Legislature hereby enacts a uniform system with respect to commercial rents, which shall apply to every local jurisdiction in the state. This legislative action is needed to prevent the imposition of artificial barriers on commercial rents, as well as to define those areas not included within the definition of commercial real property. In making these findings and in enacting this chapter, the Legislature expressly declares its intent that this chapter shall not apply or be interpreted to apply to local rental controls on residential real property. (Added by Stats. 1987, Ch. 824, Sec. 2.)
  3. 1954.26.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. )

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    This section defines key terms used in the chapter on commercial rental control.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. ) ## 1954.26. As used in this chapter, the following terms have the following meanings: (a) “Owner” includes any person, acting as principal or through an agent, having the right to offer commercial real property for rent, and includes any predecessor in interest to the owner. (b) “Price” includes any charge or fee, however denominated, for the hiring of commercial real property and includes any security or deposit subject to Section 1950.7. (c) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code. (d) “Commercial real property” includes any part, portion, or unit thereof, and any related facilities, space, or services, except the following: (1) Any dwelling or dwelling unit subject to the provisions of Section 1940. (2) Any accommodation in any residential hotel, as defined in Section 50519 of the Health and Safety Code, or comparable accommodations which are specifically regulated by a public entity in structures where 20 percent or more of the accommodations are occupied by persons as their primary residence. (3) Any hotel unit not otherwise specified in paragraph (1) or (2) that is located in a structure with 20 or more units or in which 20 percent or more of the accommodations were occupied as of August 5, 1987, by persons as their primary residence, if, in either circumstance, the unit was subject to rental controls on August 5, 1987, provided that any control exercised thereafter is in accordance with the system of controls in effect on August 5, 1987. (4) Any space or dwelling unit in any mobilehome park, as defined in Section 18214 of the Health and Safety Code. (e) “Rent” means to hire real property and includes a lease or sublease. (f) “Commercial rental control” includes any action of a public entity taken by statute, charter, ordinance, resolution, administrative regulation, or any other governmental enactment to establish, continue, implement, or enforce any control or system of controls, on the price at which, or the term for which, commercial real property may be offered for rent, or control or system of controls which would select, mandate, dictate, or otherwise designate a specific tenant or specific person or entity with whom the owner must negotiate on the formation, extension, or renewal of a tenancy; or any other enactment which has such a purpose. (g) “Tenant” includes a lessee, subtenant, and sublessee. (h) “Term” means the period of time for which real property is rented or offered for rent, and includes any provision for a termination or extension of such a period or renewal thereof, except that nothing in this chapter supersedes the specific provisions of this code or of the Code of Civil Procedure which of themselves establish, prescribe, limit, or define the term for which real property may be rented. (i) “Impasse notice” means a written notice which states either of the following: (1) That the owner has not received from the tenant an offer of any terms for an extension or renewal of the lease which are acceptable to the owner, or an acceptance by the tenant of any offer of terms by the owner, and that an impasse with respect to any agreement on a lease extension or renewal has been reached. (2) That the owner is not willing to extend or renew the lease. (j) “Negotiation notice” means a written notice by a tenant in privity of estate, and in privity of contract with the owner, stating either of the following: (1) That the tenant offers to extend or renew the lease on terms set forth in the notice. (2) That the tenant solicits an offer for the extension or renewal of the lease from the owner. (k) “Deliver” means to deliver by personal service or by placing a copy of the notice in the mail, postage prepaid, by certified mail, return receipt requested, addressed to the party at the address for the receipt of notices under the lease. (l) “Developer” means any person who enters into an agreement with a redevelopment agency for the purpose of developing specific commercial real property within a redevelopment project area with the intention of acquiring ownership of that property, even if that person does not own that property when the agreement is executed. (Added by Stats. 1987, Ch. 824, Sec. 2.)
  4. 1954.27.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. )

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    Public entities may not enact or enforce commercial rental control measures.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. ) ## 1954.27. (a) No public entity shall enact any measure constituting commercial rental control, nor shall any public entity enforce any commercial rental control, whether enacted prior to or on or after January 1, 1988. (b) However, nothing in this chapter shall be construed to do any of the following: (1) Relieve any party to a commercial lease or rental agreement of the duty to perform any obligation thereunder. (2) Preclude express establishment in a commercial lease or rental agreement of the price at which real property may be offered to a subtenant or sublessee. (3) Impair any obligation of any contract entered into prior to January 1, 1988. (4) Affect any provision of, or requirement for mitigation of damages under, Sections 1951 to 1952.6, inclusive. (5) Limit any adjustment of price required or permitted by law due to constructive eviction. (6) Enlarge or diminish in any way any power which a public entity may have with respect to regulation of rental rates or the ownership, conveyance, or use of any property specified in paragraph (1), (2), or (3) of subdivision (d) of Section 1954.26. (7) Relieve any party of any requirement or mandate to arbitrate, or deprive any party of any right to arbitrate or compel arbitration, which mandate or right exists pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, titled “Arbitration,” Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, titled “Judicial Arbitration,” Title 1 (commencing with Section 1823) of Part 3 of the Code of Civil Procedure, titled “Pilot Projects,” or any other provision of state law. (8) Affect in any way, or preclude the inclusion of, any provision in a lease creating any lawful option, right of first refusal, or any covenant to renew or extend the lease or sell the real property or any interest therein. (9) Relieve any person of any duty or deprive any person of any right or cause of action which may exist pursuant to Section 51, 53, or 782. (Added by Stats. 1987, Ch. 824, Sec. 2.)
  5. 1954.28.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. )

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    This section says the chapter does not limit public entities for listed matters, and requires the county recorder to index certain memorandums in the grantor-grantee index.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. ) ## 1954.28. Nothing in this chapter limits or affects public entities with respect to any of the following: (a) The Eminent Domain Law, Title 7 (commencing with Section 1230.10) of Part 3 of the Code of Civil Procedure. (b) Abatement of nuisances. However, except as to conditions expressly defined as nuisances by statute, authority to abate or bring actions to abate nuisances shall not be used to circumvent the limitations of this chapter with respect to conditions not manifesting the quantum and character of unreasonableness and injuriousness to constitute a nuisance under law. (c) The Airport Approaches Zoning Law, Article 6.5 (commencing with Section 50485) of Chapter 2 of Part 1 of Division 1 of Title 5 of the Government Code. (d) Any contract or agreement by which an owner agrees with a public entity to offer any real property for rent at a stipulated or maximum price or under a specified formula for ascertaining a stipulated or maximum price, in consideration for a direct financial contribution; any written contract between a redevelopment agency and an owner or developer of commercial real property within a redevelopment project area; or any written development agreement entered into pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of Title 7 of the Government Code. Any contract or agreement specified in this subdivision is not enforceable against an owner who became an owner (1) without actual knowledge of the contract or agreement, and (2) more than 30 days prior to the recording with the county recorder of a written memorandum of the contract or agreement specifically describing its terms and identifying the real property and the owner. The county recorder shall index these memorandums in the grantor-grantee index. (e) Article 2 (commencing with Section 5020) of Chapter 1 of Division 5 of the Public Resources Code, relating to historical resources. (f) The Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code. (g) Any contract or agreement entered into by a public entity relating to the transfer, lease, or license of commercial real property owned or leased by that public entity, except any requirement enacted pursuant to Section 1954.31. (Added by Stats. 1987, Ch. 824, Sec. 2.)
  6. 1954.29.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. )

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    This section says the chapter does not expand or reduce a public entity’s powers or authority, and it does not apply when actions are taken to clearly or systematically circumvent the chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. ) ## 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 provisions of, and for the purposes of, Division 1 (commencing with Section 65000) of Title 7 of the Government Code, (2) with respect to charter cities, planning, or zoning powers granted under Section 5 of Article XI of the California Constitution, or (3) any power which it may possess to mitigate the impact caused by the construction, reconstruction, demolition, or alteration of the size of any commercial real property. However, this subdivision does not apply to any actions taken for the clear or systematic purpose of circumventing this chapter. (b) Grant, repeal, enlarge, or diminish any authority to require a business license, whether for regulation or revenue. (Added by Stats. 1987, Ch. 824, Sec. 2.)
  7. 1954.30.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. )

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    This section says the chapter does not give a public entity any new authority, and does not reduce a public entity’s power except where the chapter expressly says so.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. ) ## 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 power of a public entity except as expressly provided in this chapter. (Added by Stats. 1987, Ch. 824, Sec. 2.)
  8. 1954.31.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. )

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    A public entity may create notice rules for ending a commercial lease when the term expires, including tenant negotiation notices and owner impasse notices, with limits and exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.6. Commercial Rental Control [1954.25 - 1954.31] ( Chapter 2.6 added by Stats. 1987, Ch. 824, Sec. 2. ) ## 1954.31. A public entity may by enactment of a statute, charter or charter amendment, or ordinance, establish a requirement for notice relating to the termination of a lease of commercial real property due to the expiration of its term. (a) The enactment shall contain provisions dealing with any or all of the following: (1) The delivery of a negotiation notice by a tenant. (2) A requirement for an owner to deliver an impasse notice at any time after delivery of the negotiation notice, except that: (A) The requirement shall be inapplicable unless the tenant has been required to deliver a negotiation notice not less than 270 days before the expiration of the lease, and has done so. (B) The mandate for delivery of an impasse notice shall not occur earlier than 180 days before expiration of the lease. (C) No impasse notice shall be required if the parties have executed a renewal or extension of the lease. (D) Provision shall be made that the notice will include, in a form of type which will distinguish it from the body of the text of the balance of the notice, a disclosure reading, either: (i) The giving of this notice does not necessarily preclude further dialogue or negotiation on an extension or renewal of the lease if the parties choose to negotiate, but the delivery of this notice discharges all obligations of ____ (the owner) under provisions of ____ (the enactment) and Section 1954.31 of the Civil Code; or (ii) By giving this notice ____ (the owner) declares that he or she does not intend to negotiate further on any extension or renewal of the lease. (3) Establish that a bad faith failure to comply with the enactment is subject to a remedy for actual damages. (4) Any remedy under the enactment or Section 1954.31 shall be available only by an action brought by the owner or the tenant. (b) The enactment shall contain (or shall be deemed to contain), a provision that: (1) A tenant may not exercise any right pursuant to the enactment or this chapter, unless the tenant has performed the terms of the lease in such manner as would entitle the tenant to exercise any option he or she might possess under the lease. (2) No right or cause of action accruing to a tenant pursuant to the enactment or this chapter, may be assigned other than to a person who is a lawful assignee of the lease, is in lawful possession of the premises under the lease, and is in compliance with paragraph (1). (3) Nothing in the enactment or this chapter creates or imposes, nor shall be construed to create or impose, a duty to extend or renew, or to negotiate on an extension or renewal, of any lease; nor shall the delivery or receipt of any notice provided for by the enactment or by this chapter, constitute a waiver of any rights to continued performance under the covenants under the lease or to actions for possession. (4) The delivery of any notice pursuant to the enactment or this chapter shall create a rebuttable presumption affecting the burden of proof, that the notice has been properly given. (c) No enactment shall provide, or be deemed to provide: (1) For any extension of the term of any lease without the mutual, written consent of the owner and the tenant. (2) For any requirement on either party to offer to extend or renew or to negotiate an extension or renewal of the lease. (3) Bar any action brought to recover possession whether by ejectment, unlawful detainer, or other lawful means. (4) Any remedy under the enactment or this chapter, other than that which may be provided pursuant to paragraph (3) of subdivision (a). (d) The provisions of any enactment adopted pursuant to this section shall not apply to: (1) Any lease or rental agreement which is not in writing, which constitutes a tenancy at will, which is for a term of less than one year or for an unspecified term, which is a month-to-month tenancy or a tenancy at sufferance. (2) Any lease, the term of which expires within 270 days after the effective date of the enactment. (Added by Stats. 1987, Ch. 824, Sec. 2.)
  9. 1954.50.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. )

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    This chapter is named the Costa-Hawkins Rental Housing Act.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. ) ## 1954.50. This chapter shall be known and may be cited as the Costa-Hawkins Rental Housing Act. (Added by Stats. 1995, Ch. 331, Sec. 1. Effective January 1, 1996.)
  10. 1954.51.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. )

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    This section defines key terms used in the chapter on residential rent control.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. ) ## 1954.51. As used in this chapter, the following terms have the following meanings: (a) “Comparable units” means rental units that have approximately the same living space, have the same number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services. (b) “Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobilehome park, or the owner of a mobilehome or his or her agent. (c) “Prevailing market rent” means the rental rate that would be authorized pursuant to 42 U.S.C.A. 1437 (f), as calculated by the United States Department of Housing and Urban Development pursuant to Part 888 of Title 24 of the Code of Federal Regulations. (d) “Public entity” has the same meaning as set forth in Section 811.2 of the Government Code. (e) “Residential real property” includes any dwelling or unit that is intended for human habitation. (f) “Tenancy” includes the lawful occupation of property and includes a lease or sublease. (Added by Stats. 1995, Ch. 331, Sec. 1. Effective January 1, 1996.)
  11. 1954.52.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. )

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    Some owners of residential real property may set initial and later rental rates for covered dwellings or units, subject to listed conditions and exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. ) ## 1954.52. (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial and all subsequent rental rates for a dwelling or a unit about which any of the following is true: (1) It has a certificate of occupancy issued after February 1, 1995. (2) It has already been exempt from the residential rent control ordinance of a public entity on or before February 1, 1995, pursuant to a local exemption for newly constructed units. (3) (A) It is alienable separate from the title to any other dwelling unit or is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the Business and Professions Code. (B) This paragraph does not apply to either of the following: (i) A dwelling or unit where the preceding tenancy has been terminated by the owner by notice pursuant to Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827. (ii) A condominium dwelling or unit that has not been sold separately by the subdivider to a bona fide purchaser for value. The initial rent amount of the unit for purposes of this chapter shall be the lawful rent in effect on May 7, 2001, unless the rent amount is governed by a different provision of this chapter. However, if a condominium dwelling or unit meets the criteria of paragraph (1) or (2) of subdivision (a), or if all the dwellings or units except one have been sold separately by the subdivider to bona fide purchasers for value, and the subdivider has occupied that remaining unsold condominium dwelling or unit as his or her principal residence for at least one year after the subdivision occurred, then subparagraph (A) of paragraph (3) shall apply to that unsold condominium dwelling or unit. (C) Where a dwelling or unit in which the initial or subsequent rental rates are controlled by an ordinance or charter provision in effect on January 1, 1995, the following shall apply: (i) An owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all existing and new tenancies in effect on or after January 1, 1999, if the tenancy in effect on or after January 1, 1999, was created between January 1, 1996, and December 31, 1998. (ii) Commencing on January 1, 1999, an owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all new tenancies if the previous tenancy was in effect on December 31, 1995. (iii) The initial rental rate for a dwelling or unit as described in this paragraph in which the initial rental rate is controlled by an ordinance or charter provision in effect on January 1, 1995, may not, until January 1, 1999, exceed the amount calculated pursuant to subdivision (c) of Section 1954.53. An owner of residential real property as described in this paragraph may, until January 1, 1999, establish the initial rental rate for a dwelling or unit only where the tenant has voluntarily vacated, abandoned, or been evicted pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure. (b) Subdivision (a) does not apply where the owner has otherwise agreed by contract with a public entity in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (c) Nothing in this section shall be construed to affect the authority of a public entity that may otherwise exist to regulate or monitor the basis for eviction. (d) This section does not apply to any dwelling or unit that contains serious health, safety, fire, or building code violations, excluding those caused by disasters for which a citation has been issued by the appropriate governmental agency and which has remained unabated for six months or longer preceding the vacancy. (Amended by Stats. 2004, Ch. 568, Sec. 4. Effective January 1, 2005.)
  12. 1954.53.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. )

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    This section generally lets an owner set the initial rent for a dwelling or unit, but several rent-control and vacancy-based exceptions limit that authority.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. ) ## 1954.53. (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial rental rate for a dwelling or unit, except where any of the following applies: (1) The previous tenancy has been terminated by the owner by notice pursuant to Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees. For the purpose of this paragraph, the owner’s termination or nonrenewal of a contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant, shall be construed as a change in the terms of the tenancy pursuant to Section 827. (A) In a jurisdiction that controls by ordinance or charter provision the rental rate for a dwelling or unit, an owner who terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant may not set an initial rent for three years following the date of the termination or nonrenewal of the contract or agreement. For any new tenancy established during the three-year period, the rental rate for a new tenancy established in that vacated dwelling or unit shall be at the same rate as the rent under the terminated or nonrenewed contract or recorded agreement with a governmental agency that provided for a rent limitation to a qualified tenant, plus any increases authorized after the termination or cancellation of the contract or recorded agreement. (B) Subparagraph (A) does not apply to any new tenancy of 12 months or more duration established after January 1, 2000, pursuant to the owner’s contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant, unless the prior vacancy in that dwelling or unit was pursuant to a nonrenewed or canceled contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant as set forth in that subparagraph. (2) The owner has otherwise agreed by contract with a public entity in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) The initial rental rate for a dwelling or unit whose initial rental rate is controlled by an ordinance or charter provision in effect on January 1, 1995, may not until January 1, 1999, exceed the amount calculated pursuant to subdivision (c). (4) (A) Notwithstanding any other law, for a dwelling or unit subject to an ordinance or charter provision that controls the rental rate of the dwelling or unit, the jurisdiction that adopted the ordinance or charter provision may require the owner of the residential real property to permit a tenant who is not subject to eviction for nonpayment and who has a permanent physical disability as defined in subdivision (m) of Section 12926 of the Government Code and that is related to mobility to move to an available comparable or smaller unit located on an accessible floor of the property. An owner that is subject to a requirement established pursuant to this paragraph that is required to grant a tenant’s request for a reasonable accommodation relating to the tenant’s physical disability, after complying with any requirement to engage in an interactive process with the tenant, including Sections 12177 to 12180, inclusive, of Title 2 of the California Code of Regulations, shall allow the tenant to retain their lease at the same rental rate and terms of the existing lease if all of the following apply: (i) The move is determined to be necessary to accommodate the tenant’s physical disability related to mobility. (ii) There is no operational elevator that serves the floor of the tenant’s current dwelling or unit. (iii) The new dwelling or unit is in the same building or on the same parcel with at least four other units and shares the same owner. (iv) The new dwelling or unit does not require renovation to comply with applicable requirements of the Health and Safety Code. (v) The applicable rent control board or authority determines that the owner will continue to receive a fair rate of return or offers an administrative procedure ensuring a fair rate of return for the new unit. (vi) The tenant, who is not subject to eviction for nonpayment and who has a permanent physical disability as defined in subdivision (m) of Section 12926 of the Government Code and that is related to mobility, provides the owner a written request to move into an available comparable or smaller unit located on an accessible floor of the property prior to that unit becoming available. (B) Any security deposit paid by the tenant in connection with their rental of the dwelling or unit being vacated shall be handled in accordance with Section 1950.5 upon the tenant’s move pursuant to this paragraph. (C) This paragraph shall not apply unless all of the tenants on the lease agree to move to the available comparable or smaller unit located on an accessible floor of the property pursuant to the request of the tenant with the physical disability. (D) For purposes of this paragraph, “comparable or smaller unit” means a dwelling or unit that has the same or less than the number of bedrooms and bathrooms, square footage, and parking spaces as the unit being vacated. (E) This paragraph shall not apply if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, intend to occupy the available comparable or smaller unit located on an accessible floor of the property. (F) The requirements of this paragraph shall be in addition to those of any other fair housing law, including, but not limited to, the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), the Unruh Civil Rights Act (Section 51), the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and any implementing regulations thereunder. (G) This paragraph shall not be construed to prevent owners of residential real property from granting reasonable accommodations to change housing units and retain the existing lease at the same rental rate and terms in order to accommodate any disability, as defined in subdivision (m) of Section 12926 of the Government Code. (b) Subdivision (a) applies to, and includes, renewal of the initial hiring by the same tenant, lessee, authorized subtenant, or authorized sublessee for the entire period of their occupancy at the rental rate established for the initial hiring. (c) The rental rate of a dwelling or unit whose initial rental rate is controlled by ordinance or charter provision in effect on January 1, 1995, shall, until January 1, 1999, be established in accordance with this subdivision. Where the previous tenant has voluntarily vacated, abandoned, or been evicted pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure, an owner of residential real property may, no more than twice, establish the initial rental rate for a dwelling or unit in an amount that is no greater than 15 percent more than the rental rate in effect for the immediately preceding tenancy or in an amount that is 70 percent of the prevailing market rent for comparable units, whichever amount is greater. The initial rental rate established pursuant to this subdivision may not substitute for or replace increases in rental rates otherwise authorized pursuant to law. (d) (1) Nothing in this section or any other provision of law shall be construed to preclude express establishment in a lease or rental agreement of the rental rates to be applicable in the event the rental unit subject thereto is sublet. Nothing in this section shall be construed to impair the obligations of contracts entered into prior to January 1, 1996. (2) If the original occupant or occupants who took possession of the dwelling or unit pursuant to the rental agreement with the owner no longer permanently reside there, an owner may increase the rent by any amount allowed by this section to a lawful sublessee or assignee who did not reside at the dwelling or unit prior to January 1, 1996. (3) This subdivision does not apply to partial changes in occupancy of a dwelling or unit where one or more of the occupants of the premises, pursuant to the agreement with the owner provided for above, remains an occupant in lawful possession of the dwelling or unit, or where a lawful sublessee or assignee who resided at the dwelling or unit prior to January 1, 1996, remains in possession of the dwelling or unit. Nothing contained in this section shall be construed to enlarge or diminish an owner’s right to withhold consent to a sublease or assignment. (4) Acceptance of rent by the owner does not operate as a waiver or otherwise prevent enforcement of a covenant prohibiting sublease or assignment or as a waiver of an owner’s rights to establish the initial rental rate, unless the owner has received written notice from the tenant that is party to the agreement and thereafter accepted rent. (e) Nothing in this section shall be construed to affect any authority of a public entity that may otherwise exist to regulate or monitor the grounds for eviction. (f) This section does not apply to any dwelling or unit if all the following conditions are met: (1) The dwelling or unit has been cited in an inspection report by the appropriate governmental agency as containing serious health, safety, fire, or building code violations, as defined by Section 17920.3 of the Health and Safety Code, excluding any violation caused by a disaster. (2) The citation was issued at least 60 days prior to the date of the vacancy. (3) The cited violation had not been abated when the prior tenant vacated and had remained unabated for 60 days or for a longer period of time. However, the 60-day time period may be extended by the appropriate governmental agency that issued the citation. (Amended by Stats. 2023, Ch. 767, Sec. 1. (AB 1620) Effective January 1, 2024.)
  13. 1954.535.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. )

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    If an owner ends or does not renew a qualifying rent-limited agreement with a government agency, the affected tenant must get at least 90 days’ written notice, and for 90 days after notice the tenant cannot be charged more than the tenant’s portion of the rent under that agreement.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. ) ## 1954.535. Where an owner terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for rent limitations to a qualified tenant, the tenant or tenants who were the beneficiaries of the contract or recorded agreement shall be given at least 90 days’ written notice of the effective date of the termination and shall not be obligated to pay more than the tenant’s portion of the rent, as calculated under the contract or recorded agreement to be terminated, for 90 days following receipt of the notice of termination of nonrenewal of the contract. (Added by Stats. 1999, Ch. 590, Sec. 3. Effective January 1, 2000.)
  14. 1954.600.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. )

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    The Legislature states that bed bug control is difficult and says landlords, tenants, and pest control operators must cooperate; it also says the Structural Pest Control Board should add bed bug management training for certain licenses.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. ) ## 1954.600. The Legislature finds and declares: (a) Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled. (b) Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control. (c) Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem. (d) Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation. (e) Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home. (f) The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license. (Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)
  15. 1954.601.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. )

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    This section defines “pest control operator” for this chapter as an individual with certain Structural Pest Control Board licenses.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. ) ## 1954.601. For purposes of this chapter, the term “pest control operator” means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board. (Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)
  16. 1954.602.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. )

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    A landlord may not show, rent, or lease a vacant dwelling unit to a prospective tenant if the landlord knows the unit has a current bed bug infestation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. ) ## 1954.602. (a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation. (b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section. (Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)
  17. 1954.603.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. )

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    Landlords must give tenants a written bed-bug notice before a new tenancy starts, and must give the notice to other tenants by January 1, 2018.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. ) ## 1954.603. On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following: (a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form: Information about Bed Bugs Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden. Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months without feeding. Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all. Common signs and symptoms of a possible bed bug infestation: • Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls. • Molted bed bug skins, white, sticky eggs, or empty eggshells. • Very heavily infested areas may have a characteristically sweet odor. • Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them. For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association. (b) The procedure to report suspected infestations to the landlord. (Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)
  18. 1954.604.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. )

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    Tenants must cooperate with bed bug inspections and provide requested information needed for detection and treatment.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. ) ## 1954.604. Entry to inspect a tenant’s dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator. (Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)
  19. 1954.605.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. )

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    The landlord must notify tenants about the pest control operator’s findings in writing, within two business days after receiving those findings.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 2.8. Bed Bug Infestations [1954.600 - 1954.605] ( Chapter 2.8 added by Stats. 2016, Ch. 599, Sec. 3. ) ## 1954.605. The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operator’s findings. The notification shall be in writing and made within two business days of receipt of the pest control operator’s findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings. (Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)
  20. 1955.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. )

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    For personal property leases over 20 days, the lessor must deliver the property, protect the lessee’s quiet enjoyment, make the property fit for its intended purpose, and repair qualifying deterioration unless the parties agree otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. ) ## 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 deliver it to the lessee, secure his or her quiet enjoyment thereof against all lawful claimants, put it into a condition fit for the purpose for which he or she leases it, and repair all deteriorations thereof not occasioned by the fault of the lessee and not the natural result of its use. (Amended by Stats. 1982, Ch. 561, Sec. 1.)
  21. 1956.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. )

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    Unless the lessor and lessee agree otherwise, the lessee pays expenses that are naturally foreseeable during use, and the lessor pays all other expenses.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. ) ## 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 foreseen to attend it during its use by him or her, and all other expenses must be borne by the lessor. (Amended by Stats. 1982, Ch. 561, Sec. 2.)
  22. 1957.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. )

    Verify source ↗

    If the lessor defaults on obligations under Section 1955, the lessee may, after notice if it can conveniently be given, spend a reasonable amount to fix the default and recover that amount from the lessor.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. ) ## 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 notice can conveniently be given, may expend any reasonable amount necessary to make good the lessor’s default, and may recover such amount from him or her. (Amended by Stats. 1982, Ch. 561, Sec. 3.)
  23. 1958.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. )

    Verify source ↗

    When a personal-property lease ends, the lessee must return the property to the lessor.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. ) ## 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 at the time of leasing; or, if no particular place was so contemplated by them, at the place at which it was at that time. (Amended by Stats. 1982, Ch. 561, Sec. 4.)
  24. 1959.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A ship-hiring contract is called a charter party. The owner may either keep supplying the ship’s master, crew, and equipment while letting the ship’s capacity or burden, or hand over the whole ship to the charterer, who then supplies them.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 3. Hiring of Personal Property [1955 - 1959] ( Chapter 3 enacted 1872. ) ## 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 employment of the owner’s master, crew, and equipments, or may surrender the entire ship to the charterer, who then provides them himself. The master or a part owner may be a charterer. (Enacted 1872.)
  25. 1961.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4. Identification of Property Owners [1961 - 1962.7] ( Chapter 4 added by Stats. 1972, Ch. 941. )

    Verify source ↗

    This chapter applies to dwelling structures with one or more units offered to the public for rent or lease for residential purposes.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4. Identification of Property Owners [1961 - 1962.7] ( Chapter 4 added by Stats. 1972, Ch. 941. ) ## 1961. This chapter shall apply to every dwelling structure containing one or more units offered to the public for rent or for lease for residential purposes. (Amended by Stats. 1987, Ch. 769, Sec. 1.)
  26. 1962.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4. Identification of Property Owners [1961 - 1962.7] ( Chapter 4 added by Stats. 1972, Ch. 941. )

    Verify source ↗

    Certain rental owners or their agents must disclose contact and rent-payment information in the lease, give the tenant a copy or statement, and keep that information current.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4. Identification of Property Owners [1961 - 1962.7] ( Chapter 4 added by Stats. 1972, Ch. 941. ) ## 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 the following: (1) Disclose therein the name, telephone number, and usual street address at which personal service may be effected of each person who is: (A) Authorized to manage the premises. (B) An owner of the premises or a person who is authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for all notices and demands. (2) Disclose therein the name, telephone number, and address of the person or entity to whom rent payments shall be made. (A) If rent payments may be made personally, the usual days and hours that the person will be available to receive the payments shall also be disclosed. (B) At the owner’s option, the rental agreement or lease shall instead disclose the number of either: (i) The account in a financial institution into which rent payments may be made, and the name and street address of the institution; provided that the institution is located within five miles of the rental property. (ii) The information necessary to establish an electronic funds transfer procedure for paying the rent. (3) Disclose therein the form or forms in which rent payments are to be made. (4) Provide a copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. Once each calendar year thereafter, upon request by the tenant, the owner or owner’s agent shall provide an additional copy to the tenant within 15 days. If the owner or owner’s agent does not possess the rental agreement or lease or a copy of it, the owner or owner’s agent shall instead furnish the tenant with a written statement stating that fact and containing the information required by paragraphs (1), (2), and (3). (b) In the case of an oral rental agreement, the owner, or a person acting on behalf of the owner for the receipt of rent or otherwise, shall furnish the tenant, within 15 days of the agreement, with a written statement containing the information required by paragraphs (1), (2), and (3) of subdivision (a). Once each calendar year thereafter, upon request by the tenant, the owner or owner’s agent shall provide an additional copy of the statement to the tenant within 15 days. (c) The information required by this section shall be kept current and this section shall extend to and be enforceable against any successor owner or manager, who shall comply with this section within 15 days of succeeding the previous owner or manager. A successor owner or manager shall not serve a notice pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure or otherwise evict a tenant for nonpayment of rent that accrued during the period of noncompliance by a successor owner or manager with this subdivision. Nothing in this subdivision shall relieve the tenant of any liability for unpaid rent. (d) A party who enters into a rental agreement on behalf of the owner who fails to comply with this section is deemed an agent of each person who is an owner: (1) For the purpose of service of process and receiving and receipting for notices and demands. (2) For the purpose of performing the obligations of the owner under law and under the rental agreement. (3) For the purpose of receiving rental payments, which may be made in cash, by check, by money order, or in any form previously accepted by the owner or owner’s agent, unless the form of payment has been specified in the oral or written agreement, or the tenant has been notified by the owner in writing that a particular form of payment is unacceptable. (e) Nothing in this section limits or excludes the liability of any undisclosed owner. (f) If the address provided by the owner does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed receivable by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner. (Amended by Stats. 2012, Ch. 695, Sec. 1. (AB 1953) Effective January 1, 2013.)
  27. 1962.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4. Identification of Property Owners [1961 - 1962.7] ( Chapter 4 added by Stats. 1972, Ch. 941. )

    Verify source ↗

    This section allows the required tenant disclosure under Section 1962 to be made by posting printed or typed notices in specified places, instead of using the usual method in Section 1962.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4. Identification of Property Owners [1961 - 1962.7] ( Chapter 4 added by Stats. 1972, Ch. 941. ) ## 1962.5. (a) Notwithstanding subdivisions (a) and (b) of Section 1962, the information required by paragraph (1) of subdivision (a) of Section 1962 to be disclosed to a tenant may, instead of being disclosed in the manner described in subdivisions (a) and (b) of Section 1962, be disclosed by the following method: (1) In each dwelling structure containing an elevator a printed or typewritten notice containing the information required by paragraph (1) of subdivision (a) of Section 1962 shall be placed in every elevator and in one other conspicuous place. (2) In each structure not containing an elevator, a printed or typewritten notice containing the information required by paragraph (1) of subdivision (a) of Section 1962 shall be placed in at least two conspicuous places. (3) In the case of a single unit dwelling structure, the information to be disclosed under this section may be disclosed by complying with either paragraph (1) or (2). (b) Except as provided in subdivision (a), all the provisions of Section 1962 shall be applicable. (Amended by Stats. 2001, Ch. 729, Sec. 4. Effective January 1, 2002.)
  28. 1962.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4. Identification of Property Owners [1961 - 1962.7] ( Chapter 4 added by Stats. 1972, Ch. 941. )

    Verify source ↗

    If the listed property-side persons fail to comply with Chapter 4, a tenant may serve process by registered or certified mail to the rent-payment address.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4. Identification of Property Owners [1961 - 1962.7] ( Chapter 4 added by Stats. 1972, Ch. 941. ) ## 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 process by a tenant with respect to a dispute arising out of the tenancy may be made by registered or certified mail sent to the address at which rent is paid, in which case the provisions of Section 1013 of the Code of Civil Procedure shall apply. (Amended by Stats. 2001, Ch. 729, Sec. 5. Effective January 1, 2002.)
  29. 1965.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4.5. Disposition of Personal Property Upon Request of Tenant [1965- 1965.] ( Chapter 4.5 added by Stats. 1988, Ch. 797, Sec. 2. )

    Verify source ↗

    A residential landlord must return a tenant’s left-behind personal property if the tenant makes a timely written request, pays reasonable removal and storage costs when demanded, and removes the property within the stated time.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 4.5. Disposition of Personal Property Upon Request of Tenant [1965- 1965.] ( Chapter 4.5 added by Stats. 1988, Ch. 797, Sec. 2. ) ## 1965. (a) A residential landlord shall not refuse to surrender, to a residential tenant or to a residential tenant’s duly authorized representative, any personal property not owned by the landlord which has been left on the premises after the tenant has vacated the residential premises and the return of which has been requested by the tenant or by the authorized representative of the tenant if all of the following occur: (1) The tenant requests, in writing, within 18 days of vacating the premises, the surrender of the personal property and the request includes a description of the personal property held by the landlord and specifies the mailing address of the tenant. (2) The landlord or the landlord’s agent has control or possession of the tenant’s personal property at the time the request is received. (3) The tenant, prior to the surrender of the personal property by the landlord and upon written demand by the landlord, tenders payment of all reasonable costs associated with the landlord’s removal and storage of the personal property. The landlord’s demand for payment of reasonable costs associated with the removal and storage of personal property shall be in writing and shall either be mailed to the tenant at the address provided by the tenant pursuant to paragraph (1) or shall be personally presented to the tenant or to the tenant’s authorized representative, within five days after the actual receipt of the tenant’s request for surrender of the personal property, unless the property is returned first. The demand shall itemize all charges, specifying the nature and amount of each item of cost. (4) The tenant agrees to claim and remove the personal property at a reasonable time mutually agreed upon by the landlord and tenant but not later than 72 hours after the tender provided for under paragraph (3). (b) For the purposes of this chapter, “reasonable costs associated with the landlord’s removal and storage of the personal property” shall include, but not be limited to, each of the following: (1) Reasonable costs actually incurred, or the reasonable value of labor actually provided, or both, in removing the personal property from its original location to the place of storage, including disassembly and transportation. (2) Reasonable storage costs actually incurred, which shall not exceed the fair rental value of the space reasonably required for the storage of the personal property. (c) This chapter shall not apply when disposition of the personal property has been initiated or completed pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) or the occupancy is one defined by subdivision (b) of Section 1940. (d) A landlord who complies with this chapter shall not be liable to any person with respect to that person’s personal property that is given to another person. In the event of conflicting demands, the first timely request for surrender of personal property received by the landlord shall prevail. (e) Any landlord who retains personal property in violation of this chapter shall be liable to the tenant in a civil action for all the following: (1) Actual damages not to exceed the value of the personal property, if the personal property is not surrendered by the later of either of the following: (A) within a reasonable time after the tenant’s request for surrender of the personal property, or (B) if the landlord has demanded payment of reasonable costs associated with removal and storage and the tenant has complied with the requirements set forth in paragraphs (3) and (4) of subdivision (a), whichever is later. Three days is presumed to be a reasonable time in the absence of evidence to the contrary. (2) An amount not to exceed two hundred fifty dollars ($250) for each bad faith violation of this section. In determining the amount of the award, the court shall consider proof of matters as justice may require. (3) The court may award reasonable attorney’s fees and cost to the prevailing party. (f) The remedy provided by this chapter is not exclusive and shall not preclude either the landlord or the tenant from pursuing any other remedy provided by law. (Added by Stats. 1988, Ch. 797, Sec. 2.)
  30. 1980.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    This section defines key terms used in the chapter, including landlord, owner, premises, reasonable belief, records, and tenant.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 1980. As used in this chapter: (a) “Landlord” means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest. (b) “Owner” means any person other than the landlord who has any right, title, or interest in personal property. (c) “Premises” includes any common areas associated therewith. (d) “Reasonable belief” means the actual knowledge or belief a prudent person would have without making an investigation (including any investigation of public records) except that, where the landlord has specific information indicating that such an investigation would more probably than not reveal pertinent information and the cost of such an investigation would be reasonable in relation to the probable value of the personal property involved, “reasonable belief” includes the actual knowledge or belief a prudent person would have if such an investigation were made. (e) “Records” means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. “Records” does not include publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number. (f) “Tenant” includes any paying guest, lessee, or sublessee of any premises for hire. (Amended by Stats. 2009, Ch. 134, Sec. 4. (AB 1094) Effective January 1, 2010.)
  31. 1980.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    This chapter does not apply to commercial real property, except as provided in Section 1993.01, and self-storage units are excluded from the definition of commercial real property for this section.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 1980.5. (a) Except as provided in Section 1993.01, the provisions of this chapter shall not apply to commercial real property, as defined in subdivision (d) of Section 1954.26. For purposes of this section, commercial real property shall not include self-storage units. (b) This chapter shall apply to self-storage units only to the extent that it does not conflict with Chapter 10 (commencing with Section 21700) of Division 8 of the Business and Professions Code. (Amended by Stats. 2024, Ch. 91, Sec. 7. (AB 1916) Effective January 1, 2025.)
  32. 1981.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    This section says the chapter is an optional procedure for handling a tenant’s personal property left behind after the tenancy ends and the tenant has vacated, but it does not apply in several listed situations.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 1981. (a) This chapter provides an optional procedure for the disposition of personal property that remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant. (b) This chapter does not apply whenever Section 1862.5, 2080.8, 2080.9, or 2081 to 2081.6, inclusive, applies. This chapter does not apply to property that exists for the purpose of providing utility services and is owned by a public utility, whether or not that property is actually in operation to provide those utility services. (c) This chapter does not apply to any manufactured home as defined in Section 18007 of the Health and Safety Code, any mobilehome as defined in Section 18008 of the Health and Safety Code, or to any commercial coach as defined in Section 18001.8 of the Health and Safety Code, including attachments thereto or contents thereof, whether or not the manufactured home, mobilehome, or commercial coach is subject to registration under the Health and Safety Code. (d) This chapter does not apply to the disposition of an animal to which subdivision (d) of Section 1815 or Chapter 7 (commencing with Section 17001) of Part 1 of Division 9 of the Food and Agricultural Code applies, and those animals shall be disposed of in accordance with those provisions. (e) If the requirements of this chapter are not satisfied, nothing in this chapter affects the rights and liabilities of the landlord, former tenant, or any other person. (Amended by Stats. 2008, Ch. 265, Sec. 3. Effective January 1, 2009.)
  33. 1982.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    A landlord must dispose of lost personal property under the cited article, and is not liable to the owner if the landlord complies. If the police or sheriff’s department refuses the property, the landlord may dispose of it under this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 1982. (a) Personal property which the landlord reasonably believes to have been lost shall be disposed of pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6. The landlord is not liable to the owner of the property if he complies with this subdivision. (b) If the appropriate police or sheriff’s department refuses to accept property pursuant to subdivision (a), the landlord may dispose of the property pursuant to this chapter. (Added by Stats. 1974, Ch. 331.)
  34. 1983.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    When a tenancy ends and the tenant has moved out, the landlord must give written notice about any personal property left behind.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 1983. (a) Where personal property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give written notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property. If the property consists of records, the tenant shall be presumed to be the owner of the records for the purposes of this chapter. (b) The notice shall describe the property in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by Section 1989 does not protect the landlord from any liability arising from the disposition of property not described in the notice except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. The notice shall advise the person to be notified that reasonable costs of storage may be charged before the property is returned, where the property may be claimed, and the date before which the claim must be made. The date specified in the notice shall be a date not less than 15 days after the notice is personally delivered or, if mailed, not less than 18 days after the notice is deposited in the mail. (c) The notice shall be personally delivered to the person to be notified or sent by first-class mail, postage prepaid, to the person to be notified at his or her last known address and, if there is reason to believe that the notice sent to that address will not be received by that person, also to any other address known to the landlord where the person may reasonably be expected to receive the notice. If the notice is sent by mail to the former tenant, one copy shall be sent to the premises vacated by the tenant. If the former tenant provided the landlord with the tenant’s email address, the landlord may also send the notice by email. (Amended by Stats. 2012, Ch. 560, Sec. 4. (AB 2521) Effective January 1, 2013.)
  35. 1984.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    A notice to a former tenant is sufficient if it follows the required form and includes the required statements about claiming the property, storage costs, possible sale or disposal, and related deadlines.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 1984. (a) A notice given to the former tenant which is in substantially the following form satisfies the requirements of Section 1983: Notice of Right to Reclaim Abandoned Property To: _____ (Name of former tenant) _____ _____ (Address of former tenant) _____ When you vacated the premises at _____ (Address of premises, including room or apartment number, if any) _____ , the following personal property remained: _____ (Insert description of the personal property) _____ You may claim this property at _____ (Address where property may be claimed) _____ . If you claim this property by ____ (insert date not less than 2 days after the former tenant vacated the premises), you may minimize the costs of storage. If you fail to claim this property by ____ (insert date not less than 2 days after the former tenant vacated the premises), unless you pay the landlord’s reasonable cost of storage for all the above-described property, and take possession of the property which you claim, not later than _______ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Civil Code Section 1988. (Insert here the statement required by subdivision (b) of this section) Dated: _______ (Signature of landlord) _____ (Type or print name of landlord) _____ (Telephone number) _____ (Address) _____ (b) The notice set forth in subdivision (a) shall also contain one of the following statements: (1) “If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the cost of storage, advertising, and sale is deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within one year after the county receives the money.” (2) “Because this property is believed to be worth less than $700, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.” (Amended by Stats. 2012, Ch. 560, Sec. 5. (AB 2521) Effective January 1, 2013.)
  36. 1985.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    The landlord may use a specified notice form to tell a person believed to own leftover personal property how to reclaim it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 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 owner of personal property satisfies the requirements of Section 1983: Notice of Right to Reclaim Abandoned Property To: _____ (Name) _____ _____ (Address) _____ When (name of former tenant) vacated the premises at _____ (address of premises, including room or apartment number, if any) _____ , the following personal property remained: _____ (insert description of the personal property) _____ If you own any of this property, you may claim it at (address where property may be claimed). If you claim this property by ____ (insert date not less than 2 days after the former tenant vacated the premises), you may minimize the costs of storage. If you fail to claim this property by ____ (insert date not less than 2 days after the former tenant vacated the premises), unless you pay the landlord’s reasonable cost of storage and take possession of the property to which you are entitled not later than ___________________ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Civil Code Section 1988. Dated: _______ _____ (Signature of landlord) _____ _____ (Type or print name of landlord) _____ _____ (Telephone number) _____ _____ (Address) _____ (Amended by Stats. 2012, Ch. 560, Sec. 6. (AB 2521) Effective January 1, 2013.)
  37. 1986.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    A landlord must store the listed personal property in a safe place and exercise reasonable care while doing so, unless the property is left on the vacated premises or later released or disposed of under other sections.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 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 until the landlord either releases the property pursuant to Section 1987 or disposes of the property pursuant to Section 1988. The landlord shall exercise reasonable care in storing the property, but he is not liable to the tenant or any other owner for any loss not caused by his deliberate or negligent act. (Added by Stats. 1974, Ch. 331.)
  38. 1987.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    A landlord must release listed personal property to the former tenant, or sometimes to a person reasonably believed to be the owner, when the required storage costs are paid and the property is picked up on time.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 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 reasonably believed by the landlord to be its owner if that tenant or other person pays the reasonable cost of storage and takes possession of the property not later than the date specified in the notice for taking possession. (b) Where personal property is not released pursuant to subdivision (a) and the notice stated that the personal property would be sold at a public sale, the landlord shall release the personal property to the former tenant if he or she claims it prior to the time it is sold and pays the reasonable cost of storage, advertising, and sale incurred prior to the time the property is withdrawn from sale. (c) Notwithstanding subdivision (a), the landlord shall release the personal property described in the notice to the former tenant and shall not require the former tenant to pay the cost of storage if the property remained in the dwelling and the former tenant or other person reasonably believed by the landlord to be its owner reclaims the property within two days of vacating the dwelling. (Amended by Stats. 2012, Ch. 560, Sec. 7. (AB 2521) Effective January 1, 2013.)
  39. 1988.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    If tenant property is not released, the landlord must sell it at public auction unless the landlord reasonably believes the property is worth less than $700, in which case the landlord may keep or otherwise dispose of it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 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 bidding. However, if the landlord reasonably believes that the total resale value of the property not released is less than seven hundred dollars ($700), the landlord may retain the property for his or her own use or dispose of it in any manner. Nothing in this section shall be construed to preclude the landlord or tenant from bidding on the property at the public sale. (b) Notice of the time and place of the public sale shall be given by publication pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in the county where the sale is to be held. The last publication shall be not less than five days before the sale is to be held. The notice of the sale shall not be published before the last of the dates specified for taking possession of the property in any notice given pursuant to Section 1983. The notice of the sale shall describe the property to be sold in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by Section 1989 does not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. (c) After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale which is not claimed by the former tenant or an owner other than such tenant shall be paid into the treasury of the county in which the sale took place not later than 30 days after the date of sale. The former tenant or other owner may claim the balance within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays the balance or any part thereof to a claimant, neither the county nor any officer or employee thereof is liable to any other claimant as to the amount paid. (Amended by Stats. 2012, Ch. 560, Sec. 8. (AB 2521) Effective January 1, 2013.)
  40. 1989.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    A landlord is not liable for property remaining on the premises when the landlord releases or disposes of it under the section’s conditions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 1989. (a) Notwithstanding subdivision (c) of Section 1981, where the landlord releases to the former tenant property which remains on the premises after a tenancy is terminated, the landlord is not liable with respect to that property to any person. (b) Where the landlord releases property pursuant to Section 1987 to a person (other than the former tenant) reasonably believed by the landlord to be the owner of the property, the landlord is not liable with respect to that property to: (1) Any person to whom notice was given pursuant to Section 1983; or (2) Any person to whom notice was not given pursuant to Section 1983 unless such person proves that, prior to releasing the property, the landlord believed or reasonably should have believed that such person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of such person. (c) Where property is disposed of pursuant to Section 1988, the landlord is not liable with respect to that property to: (1) Any person to whom notice was given pursuant to Section 1983; or (2) Any person to whom notice was not given pursuant to Section 1983 unless such person proves that, prior to disposing of the property pursuant to Section 1988, the landlord believed or reasonably should have believed that such person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of such person. (Added by Stats. 1974, Ch. 331.)
  41. 1990.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    This section sets how storage costs for a tenant’s remaining property are assessed and limits what the landlord may charge.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 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 claims property pursuant to Section 1987, he or she may be required to pay the reasonable costs of storage for all the personal property remaining on the premises at the termination of the tenancy which are unpaid at the time the claim is made. (2) Where an owner other than the former tenant claims property pursuant to Section 1987, he or she may be required to pay the reasonable costs of storage for only the property in which he or she claims an interest. (b) In determining the costs to be assessed under subdivision (a), the landlord shall not charge more than one person for the same costs. (c) If the landlord stores the personal property on the premises, the cost of storage shall be the fair rental value of the space reasonably required for that storage for the term of the storage. Costs shall not be assessed if the former tenant reclaims property stored on the premises within two days of having vacated the premises. (Amended by Stats. 2012, Ch. 560, Sec. 9. (AB 2521) Effective January 1, 2013.)
  42. 1991.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. )

    Verify source ↗

    If a notice of belief of abandonment is given, the notice to the former tenant may be given at the same time, and the two notices may also be combined into one notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy [1980 - 1991] ( Chapter 5 added by Stats. 1974, Ch. 331. ) ## 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 1983 may, but need not, be given at the same time as the notice of belief of abandonment even though the tenancy is not terminated until the end of the period specified in the notice of belief of abandonment. If the notices are so given, the notices may, but need not, be combined in one notice that contains all the information required by the sections under which the notices are given. (Added by Stats. 1974, Ch. 331.)
  43. 1993.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    This chapter applies only to commercial real property and defines key terms used in it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 1993. This chapter shall only apply to commercial real property. As used in this chapter: (a) “Commercial real property” has the meaning specified in subdivision (d) of Section 1954.26. For purposes of this chapter, commercial real property shall not include self-storage units. (b) “Landlord” means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest. (c) “Owner” means any person other than the landlord who has any right, title, or interest in property. (d) “Premises” includes any common areas associated therewith. (e) “Reasonable belief” means the actual knowledge or belief a prudent person would have without making an investigation, including any investigation of public records, except that, if the landlord has specific information indicating that an investigation would more probably than not reveal pertinent information and the cost of an investigation would be reasonable in relation to the probable value of the property involved, “reasonable belief” includes the actual knowledge or belief a prudent person would have if an investigation were made. (f) “Records” means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. “Records” does not include publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number. (g) “Tenant” includes any lessee or sublessee of any commercial real property and its premises for hire. (Amended by Stats. 2009, Ch. 134, Sec. 6. (AB 1094) Effective January 1, 2010.)
  44. 1993.01.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    For property covered by this chapter, the requirements of Sections 1982, 1987, and 1990 apply despite Section 1980.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 1993.01. Notwithstanding Section 1980.5, the requirements of Sections 1982, 1987, and 1990 shall apply to property that is subject to this chapter. (Added by Stats. 2008, Ch. 161, Sec. 2. Effective January 1, 2009.)
  45. 1993.02.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    This chapter gives an optional procedure for handling property left on commercial rental premises after the tenant has moved out, but it does not apply in several listed situations.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 1993.02. (a) This chapter provides an optional procedure for the disposition of property that remains on the premises after a tenancy of commercial real property has terminated and the premises have been vacated by the tenant. (b) This chapter does not apply if Section 1862.5, 2080.8, or 2080.9, or Article 2 (commencing with Section 2081) of Chapter 4 of Title 6, apply. This chapter does not apply to property that exists for the purpose of providing utility services and is owned by a public utility, whether or not that property is actually in operation to provide those utility services. (c) This chapter does not apply to a manufactured home, as defined in Section 18007 of the Health and Safety Code, a mobilehome, as defined in Section 18008 of the Health and Safety Code, or a commercial coach, as defined in Section 18001.8 of the Health and Safety Code, including any attachments or contents, whether or not the manufactured home, mobilehome, or commercial coach is subject to registration under the Health and Safety Code. (d) This chapter does not apply to the disposition of animals subject to Chapter 7 (commencing with Section 17001) of Part 1 of Division 9 of the Food and Agricultural Code. (e) This chapter does not apply to residential property or self-storage units. (f) If the requirements of this chapter are not satisfied, nothing in this chapter affects the rights and liabilities of the landlord, former tenant, or any other person. (Amended by Stats. 2009, Ch. 140, Sec. 30. (AB 1164) Effective January 1, 2010.)
  46. 1993.03.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    After a commercial tenancy ends and the tenant has vacated, the landlord must send written notice about any property left behind and include a claim deadline.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 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 written notice to the tenant and to any other person the landlord reasonably believes to be the owner of the property. If the property consists of records, the tenant shall be presumed to be the owner of the records for the purposes of this chapter. (b) The notice shall describe the property in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by Section 1993.08 does not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, safe, vault, or other container that is locked, fastened, or tied in a manner that deters immediate access to its contents may be described as such without describing its contents. The notice shall advise the person to be notified that reasonable costs of storage may be charged before the property is returned, where the property may be claimed, and the date before which the claim must be made. The date specified in the notice shall be a date not less than 15 days after the notice is personally delivered or, if mailed, not less than 18 days after the notice is deposited in the mail. (c) The notice shall be personally delivered to the person to be notified or sent by first-class mail, postage prepaid, to the person to be notified at his or her last known address and, if there is reason to believe that the notice sent to that address will not be received by that person, also to any other address known to the landlord where the person may reasonably be expected to receive the notice. If the notice is sent by mail to the former tenant, one copy shall be sent to the premises vacated by the tenant. (Amended by Stats. 2009, Ch. 134, Sec. 7. (AB 1094) Effective January 1, 2010.)
  47. 1993.04.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    A landlord’s notice to a former tenant can satisfy the law if it uses the required form and tells the tenant how to reclaim abandoned property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 1993.04. (a) A notice given to the former tenant that is in substantially the following form satisfies the requirements of Section 1993.03: Notice of Right to Reclaim Abandoned Property To: (Name of former tenant) (Address of former tenant) When you vacated the premises at , (Address of premises, including room, if any) the following personal property remained: (Insert description of the personal property) You may claim this property at . (Address where property may be claimed) Unless you pay the reasonable cost of storage for all of the above-described property, and take possession of the property which you claim, not later than _______ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Section 1993.07 of the Civil Code. (Insert here the statement required by subdivision (b) of this section) Dated: (Signature of landlord) (Type or print name of landlord) (Telephone number of landlord) (Address of landlord) (b) The notice set forth in subdivision (a) shall also contain one of the following statements: (1) “If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the cost of storage, advertising, and sale is deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within one year after the county receives the money.” (2) “Because you were a commercial tenant and this property is believed to be worth less than either two thousand five hundred dollars ($2,500) or an amount equal to one month’s rent for the premises you occupied, whichever is greater, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.” (Amended by Stats. 2018, Ch. 74, Sec. 2. (AB 2173) Effective January 1, 2019.)
  48. 1993.05.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    A landlord may satisfy Section 1993.03 by giving a substantially similar notice to a person the landlord reasonably believes owns the personal property, if that person is not the former tenant.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 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 personal property satisfies the requirements of Section 1993.03: Notice of Right to Reclaim Abandoned Property To: (Name of owner) (Address of owner) When(Name of former tenant)vacated the premises at , (Address of premises, including room, if any) the following personal property remained: (Insert description of the personal property) You may claim this property at . (Address where property may be claimed) Unless you pay the reasonable cost of storage for all of the above-described property, and take possession of the property that you claim, not later than _______ (insert date not less than 15 days after notice is personally delivered or, if mailed, not less than 18 days after notice is deposited in the mail) this property may be disposed of pursuant to Section 1993.07 of the Civil Code. (Insert here the statement required by subdivision (b) of this section) Dated: (Signature of landlord) (Type or print name of landlord) (Telephone number of landlord) (Address of landlord) (Amended by Stats. 2009, Ch. 140, Sec. 33. (AB 1164) Effective January 1, 2010.)
  49. 1993.06.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    A landlord storing a tenant’s property must use reasonable care and is not liable for loss unless caused by deliberate or negligent conduct.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 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 until the landlord either releases the property pursuant to Section 1987 or disposes of the property pursuant to Section 1993.07. The landlord shall exercise reasonable care in storing the property, but he or she is not liable to the tenant or any other owner for any loss not caused by his or her deliberate or negligent act. (Added by Stats. 2008, Ch. 161, Sec. 2. Effective January 1, 2009.)
  50. 1993.07.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    If property left after a commercial tenancy is not released, it generally must be sold at public sale, with notice and timing rules. If the resale value is below the threshold amount, the landlord may keep it or dispose of it differently.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 1993.07. (a) (1) The property described in the notice that is not released pursuant to Section 1987 shall be sold at public sale by competitive bidding except that, if the landlord reasonably believes that the total resale value of the property is less than the threshold amount, the landlord may retain the property for his or her own use or dispose of it in any manner. (2) For the purposes of this section, “threshold amount” means either two thousand five hundred dollars ($2,500) or an amount equal to one month’s rent for the premises occupied by the tenant, whichever is greater. (b) (1) Notice of the time and place of the public sale shall be given by publication pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in the county where the sale is to be held. (2) The last publication shall be not less than five days before the sale is to be held. (3) The notice of the sale shall not be published before the last of the dates specified for taking possession of the property in any notice given pursuant to Section 1993.03. (4) The notice of the sale shall describe the property to be sold in a manner reasonably adequate to permit the owner of the property to identify it. (5) The notice may describe all or a portion of the property, but the limitation of liability provided by Section 1993.08 does not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, safe, vault, or other container that is locked, fastened, or tied in a manner that deters immediate access to its contents may be described as such without describing its contents. (c) (1) After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale that is not claimed by the former tenant or an owner other than the tenant shall be paid into the treasury of the county in which the sale took place not later than 30 days after the date of sale. (2) The former tenant or other owner may claim the balance within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. (3) If the county pays the balance or any part thereof to a claimant, neither the county nor any officer or employee thereof shall be liable to any other claimant as to the amount paid. (d) Nothing in this section precludes a landlord or tenant from bidding on the property at the public sale. (Amended by Stats. 2018, Ch. 74, Sec. 3. (AB 2173) Effective January 1, 2019.)
  51. 1993.08.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    A landlord is not liable for certain property remaining on commercial premises after a tenancy ends, when the property is released or disposed of under the listed conditions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 1993.08. (a) Notwithstanding subdivision (c) of Section 1993.02, if the landlord releases to the former tenant property that remains on the premises after a tenancy is terminated, the landlord shall not be liable with respect to that property to any person. (b) If the landlord releases property pursuant to Section 1987 to a person, other than the former tenant, who is reasonably believed by the landlord to be the owner of the property, the landlord shall not be liable with respect to that property to any of the following persons: (1) A person to whom notice was given pursuant to Section 1993.03. (2) A person to whom notice was not given pursuant to Section 1993.03, unless the person proves that, prior to releasing the property, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of the person. (c) If property is disposed of pursuant to Section 1993.07, the landlord shall not be liable with respect to that property to any of the following persons: (1) A person to whom notice was given pursuant to Section 1993.03. (2) A person to whom notice was not given pursuant to Section 1993.03, unless the person proves that, prior to disposing of the property pursuant to Section 1993.07, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of the person. (Amended by Stats. 2009, Ch. 140, Sec. 35. (AB 1164) Effective January 1, 2010.)
  52. 1993.09.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. )

    Verify source ↗

    If a notice of belief of abandonment is given, the notice to the former tenant may be sent at the same time, and both notices may be combined into one notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy [1993 - 1993.09] ( Chapter 5.5 added by Stats. 2008, Ch. 161, Sec. 2. ) ## 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 1993.03 may be given at the same time as the notice of belief of abandonment, even though the tenancy is not terminated until the end of the period specified in the notice of belief of abandonment. The notices may be combined in one notice that contains all the information required by the sections under which the notices are given. (Amended by Stats. 2009, Ch. 140, Sec. 36. (AB 1164) Effective January 1, 2010.)
  53. 1995.010.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 1. General Provisions [1995.010 - 1995.030] ( Article 1 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    This chapter applies to transfers of a tenant’s interest in a nonresidential real-property lease.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 1. General Provisions [1995.010 - 1995.030] ( Article 1 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 1995.010. This chapter applies to transfer of a tenant’s interest in a lease of real property for other than residential purposes. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  54. 1995.020.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 1. General Provisions [1995.010 - 1995.030] ( Article 1 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter on assignment and sublease.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 1. General Provisions [1995.010 - 1995.030] ( Article 1 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 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 property for other than residential purposes, and includes modifications and other agreements affecting a lease. (c) “Restriction on transfer” means a provision in a lease that restricts the right of transfer of the tenant’s interest in the lease. (d) “Tenant” includes a subtenant or assignee. (e) “Transfer” of a tenant’s interest in a lease means an assignment, sublease, or other voluntary or involuntary transfer or encumbrance of all or part of a tenant’s interest in the lease. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  55. 1995.030.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 1. General Provisions [1995.010 - 1995.030] ( Article 1 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    This chapter applies to leases executed before, on, or after January 1, 1990, except as provided in Section 1995.270.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 1. General Provisions [1995.010 - 1995.030] ( Article 1 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 1995.030. Except as provided in Section 1995.270, this chapter applies to a lease executed before, on, or after January 1, 1990. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  56. 1995.210.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    A lease may allow transfer restrictions, but if it does not, the tenant may transfer their lease interest without restriction.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 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 lease includes a restriction on transfer, a tenant’s rights under the lease include unrestricted transfer of the tenant’s interest in the lease. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  57. 1995.220.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    If a transfer restriction in a lease is ambiguous, it must be read in favor of allowing transfer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 1995.220. An ambiguity in a restriction on transfer of a tenant’s interest in a lease shall be construed in favor of transferability. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  58. 1995.230.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    A restriction on transferring a tenant’s interest in a lease may completely prohibit the transfer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 1995.230. A restriction on transfer of a tenant’s interest in a lease may absolutely prohibit transfer. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  59. 1995.240.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    A transfer restriction for a tenant’s lease interest may require an express condition, including giving the landlord some or all extra consideration paid by a transferee.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 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, but not limited to, a provision that the landlord is entitled to some or all of any consideration the tenant receives from a transferee in excess of the rent under the lease. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  60. 1995.250.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    A lease transfer restriction may require the landlord’s consent, and that consent cannot be unreasonably withheld.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 1995.250. A restriction on transfer of a tenant’s interest in a lease may require the landlord’s consent for transfer subject to any express standard or condition for giving or withholding consent, including, but not limited to, either of the following: (a) The landlord’s consent may not be unreasonably withheld. (b) The landlord’s consent may be withheld subject to express standards or conditions. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  61. 1995.260.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    If a lease transfer restriction requires the landlord’s consent but sets no standard, consent cannot be unreasonably withheld.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 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 withholding consent, the restriction on transfer shall be construed to include an implied standard that the landlord’s consent may not be unreasonably withheld. Whether the landlord’s consent has been unreasonably withheld in a particular case is a question of fact on which the tenant has the burden of proof. The tenant may satisfy the burden of proof by showing that, in response to the tenant’s written request for a statement of reasons for withholding consent, the landlord has failed, within a reasonable time, to state in writing a reasonable objection to the transfer. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  62. 1995.270.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. )

    Verify source ↗

    This section says Section 1995.260 applies to transfer restrictions executed on or after September 23, 1983, and addresses earlier restrictions that require landlord consent without any stated standard.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 2. Restrictions on Transfer [1995.210 - 1995.270] ( Article 2 added by Stats. 1989, Ch. 982, Sec. 2. ) ## 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 state to enable and facilitate freedom of contract by the parties to commercial real property leases. (2) The parties to commercial real property leases must be able to negotiate and conduct their affairs in reasonable reliance on the rights and protections given them under the laws of the state. (3) Until the case of Kendall v. Ernest Pestana, Inc., 40 Cal. 3d 488 (1985), and its predecessor, Cohen v. Ratinoff, 147 Cal. App. 3d 321 (1983), the parties to commercial real property leases could reasonably rely on the law of the state to provide that if a lease restriction requires the landlord’s consent for transfer of the tenant’s interest in the lease but provides no standard for giving or withholding consent, the landlord’s consent may be unreasonably withheld. (4) The Kendall and Cohen decisions reversed the law on which parties to commercial real property leases executed before September 23, 1983, the date of the Cohen decision, could reasonably rely, thereby frustrating the expectations of the parties, with the result of impairing commerce and economic development. (b) Section 1995.260 applies to a restriction on transfer executed on or after September 23, 1983. If a restriction on transfer executed before September 23, 1983, requires the landlord’s consent for the tenant’s transfer but provides no standard for giving or withholding consent, the landlord’s consent may be unreasonably withheld. For purposes of this subdivision, if the terms of a restriction on transfer are fixed by an option or other agreement, the restriction on transfer is deemed to be executed on the date of execution of the option or other agreement. (Added by Stats. 1989, Ch. 982, Sec. 2.)
  63. 1995.300.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. )

    Verify source ↗

    A legal remedy for violating tenant or landlord rights about transferring a tenant’s lease interest is subject to the lease’s express terms and any applicable defenses.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. ) ## 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, including a remedy provided in this article, is (a) subject to an express provision in the lease that affects the remedy and (b) subject to any applicable defense, whether legal or equitable, including, but not limited to, waiver and estoppel. (Added by Stats. 1991, Ch. 67, Sec. 2.)
  64. 1995.310.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. )

    Verify source ↗

    If a lease requires the landlord’s consent for transfer and that consent cannot be unreasonably withheld, the tenant may use contract remedies if the landlord unreasonably refuses consent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. ) ## 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 that the landlord’s consent may not be unreasonably withheld, and the landlord unreasonably withholds consent to a transfer in violation of the tenant’s rights under the lease, in addition to any other remedies provided by law for breach of a lease, the tenant has all the remedies provided for breach of contract, including, but not limited to, either or both of the following: (a) The right to contract damages caused by the landlord’s breach. (b) The right to terminate the lease. (Added by Stats. 1991, Ch. 67, Sec. 2.)
  65. 1995.320.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. )

    Verify source ↗

    If a tenant violates a lease transfer restriction, the landlord may use breach-of-contract remedies, including damages and termination of the lease.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. ) ## 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 to any other remedies provided by law for breach of a lease, the landlord has all the remedies provided for breach of contract, including, but not limited to, either or both of the following: (a) The right to contract damages caused by the tenant’s breach. (b) The right to terminate the lease. (Added by Stats. 1991, Ch. 67, Sec. 2.)
  66. 1995.330.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. )

    Verify source ↗

    If an assignee violates a transfer restriction, the assignee is liable for contract damages. The landlord may terminate a transfer, recover possession, and use the specified civil procedure.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. ) ## 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 liable with the tenant for contract damages under Section 1995.320. For this purpose, the provisions of Section 1951.2 applicable to a lessee apply to an assignee. (b) The landlord’s right to terminate a lease under Section 1995.320 includes the right to terminate a transfer without terminating the lease. If the landlord terminates a transfer without terminating the lease, the assignee or subtenant in possession is guilty of unlawful detainer and the landlord may obtain possession from the assignee or subtenant without terminating the right to possession of the tenant. For this purpose, the landlord may use the procedure provided in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, with the changes necessary to make the procedure applicable to this subdivision. (Added by Stats. 1991, Ch. 67, Sec. 2.)
  67. 1995.340.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. )

    Verify source ↗

    A transfer restriction in a tenant’s lease can apply to later transfers by the tenant, an assignee, or a subtenant, even if the landlord consented to or waived terms for an earlier transfer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 6. Assignment and Sublease [1995.010 - 1995.340] ( Chapter 6 added by Stats. 1989, Ch. 982, Sec. 2. ) ## ARTICLE 3. Breach and Remedies [1995.300 - 1995.340] ( Article 3 added by Stats. 1991, Ch. 67, Sec. 2. ) ## 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 assignee, or a subtenant notwithstanding the landlord’s consent to a prior transfer or the landlord’s waiver of a standard or condition for a prior transfer. (b) Subdivision (a) does not apply if either of the following conditions is satisfied: (1) The lease provides expressly that the restriction on transfer is limited to the original tenant. (2) The landlord states expressly in writing that the consent or waiver applies to a subsequent transfer. (Added by Stats. 1991, Ch. 67, Sec. 2.)
  68. 1997.010.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    This chapter applies to tenants’ use restrictions in nonresidential leases of real property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 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. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  69. 1997.020.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the chapter on use restrictions for nonresidential leases.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 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 property for other than residential purposes, and includes modifications and other agreements affecting a lease. (c) “Restriction on use” means a provision in a lease that restricts the use of leased property by a tenant, whether by limiting use to a specified purpose, mandating use for a specified purpose, prohibiting use for a specified purpose, limiting or prohibiting a change in use, or otherwise. (d) “Tenant” includes a subtenant or assignee. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  70. 1997.030.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    This chapter does not authorize use restrictions that are otherwise prohibited by law.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 1997.030. Nothing in this chapter authorizes a restriction on use that is otherwise prohibited by law. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  71. 1997.040.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    This section says rental-loss calculations must consider reasonable use of the leased property, and if an enforceable use restriction exists, the restricted use must be considered unless the tenant proves enforcement would be unreasonable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 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 been reasonably avoided is computed by taking into account any reasonable use of the leased property. However, if the lease contains a restriction on use that is enforceable under this chapter, the computation shall take into account the restricted use of the property except to the extent the tenant proves that under all the circumstances enforcement of the restriction would be unreasonable. The circumstances include, but are not limited to, those involving both the leased property and any building or complex in which it is located. (b) The remedy described in Section 1951.4 (continuation of lease after breach and abandonment) is available notwithstanding the presence in the lease of a restriction on use of the leased property. The restriction on use applies under Section 1951.4 if it is enforceable under this chapter except to the extent the tenant proves that under all the circumstances enforcement of the restriction would be unreasonable. The circumstances include, but are not limited to, those involving both the leased property and any building or complex in which it is located. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  72. 1997.050.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    This chapter applies to leases executed before, on, or after January 1, 1992, unless Section 1997.270 provides otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 1. General Provisions [1997.010 - 1997.050] ( Article 1 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 1997.050. Except as provided in Section 1997.270, this chapter applies to a lease executed before, on, or after January 1, 1992. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  73. 1997.210.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    A lease may, within this chapter’s limits, include a restriction on how the tenant may use the leased property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 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 includes a restriction on use, a tenant’s rights under a lease include any reasonable use of leased property. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  74. 1997.220.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    If a tenant-use restriction is ambiguous, it must be interpreted to allow unrestricted use of the leased property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 1997.220. An ambiguity in a restriction on use of leased property by a tenant shall be construed in favor of unrestricted use. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  75. 1997.230.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    A use restriction on leased property may completely bar a tenant from changing the property’s use.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 1997.230. A restriction on use of leased property by a tenant may absolutely prohibit a change in use. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  76. 1997.240.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    A lease-use restriction may say that any change in use must meet an express standard or condition.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 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. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  77. 1997.250.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    A lease use restriction may require the landlord’s consent for a change in use, and any consent rule can include express standards or conditions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 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 condition for giving or withholding consent, including, but not limited to, either of the following: (a) The landlord’s consent may not be unreasonably withheld. (b) The landlord’s consent may be withheld subject to express standards or conditions. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  78. 1997.260.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    If a lease restriction needs the landlord’s consent for a change in use and gives no rule for consent, the landlord may not unreasonably withhold consent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 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 withholding consent, the restriction shall be construed to include an implied standard that the landlord’s consent may not be unreasonably withheld. Whether the landlord’s consent has been unreasonably withheld in a particular case is a question of fact on which the tenant has the burden of proof. The tenant may satisfy the burden of proof by showing that, in response to the tenant’s written request for a statement of reasons for withholding consent, the landlord has failed, within a reasonable time, to state in writing a reasonable objection to the change in use. (Added by Stats. 1991, Ch. 67, Sec. 3. Applicable as prescribed by Section 1997.270.)
  79. 1997.270.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. )

    Verify source ↗

    This section says when a use restriction is treated as executed, and gives the landlord sole and absolute discretion to approve or refuse a tenant’s change in use if an older restriction requires consent but sets no standard.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) ## CHAPTER 7. Use Restrictions [1997.010 - 1997.270] ( Chapter 7 added by Stats. 1991, Ch. 67, Sec. 3. ) ## ARTICLE 2. Use Restrictions [1997.210 - 1997.270] ( Article 2 added by Stats. 1991, Ch. 67, Sec. 3. ) ## 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, requires the landlord’s consent for a change in use of leased premises by a tenant, but provides no standard for giving or withholding consent, the landlord has sole and absolute discretion to give or withhold consent. (b) For purposes of this section, if the terms of a restriction on change in use are fixed by an option or other agreement, the restriction on change in use is deemed to be executed on the date of execution of the option or other agreement. (Added by Stats. 1991, Ch. 67, Sec. 3.)
  80. 2019.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Agents [2019 - 2022] ( Article 2 enacted 1872. )

    Verify source ↗

    An agent must not go beyond the limits of the authority the agent actually has.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Agents [2019 - 2022] ( Article 2 enacted 1872. ) ## 2019. An agent must not exceed the limits of his actual authority, as defined by the Title on Agency. (Enacted 1872.)
  81. 2020.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Agents [2019 - 2022] ( Article 2 enacted 1872. )

    Verify source ↗

    An agent must use ordinary diligence to keep the principal informed about acts done in the course of the agency.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Agents [2019 - 2022] ( Article 2 enacted 1872. ) ## 2020. An agent must use ordinary diligence to keep his principal informed of his acts in the course of the agency. (Enacted 1872.)
  82. 2021.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Agents [2019 - 2022] ( Article 2 enacted 1872. )

    Verify source ↗

    An agent hired to collect a negotiable instrument must do so promptly and take necessary steps to hold the parties liable if it is dishonored; if the instrument is a bill of exchange, the agent must also present it for acceptance with reasonable diligence.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Agents [2019 - 2022] ( Article 2 enacted 1872. ) ## 2021. An agent employed to collect a negotiable instrument must collect it promptly, and take all measures necessary to charge the parties thereto, in case of its dishonor; and, if it is a bill of exchange, must present it for acceptance with reasonable diligence. (Enacted 1872.)
  83. 2022.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Agents [2019 - 2022] ( Article 2 enacted 1872. )

    Verify source ↗

    A mere agent of an agent is not responsible as such to that agent’s principal.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Agents [2019 - 2022] ( Article 2 enacted 1872. ) ## 2022. A mere agent of an agent is not responsible as such to the principal of the latter. (Enacted 1872.)
  84. 2026.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. )

    Verify source ↗

    A factor is a kind of agent employed to sell property, with possession or control of the property or authority to receive payment from the buyer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. ) ## 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 the possession or control of the property, or authorized to receive payment therefor from the purchaser. (Enacted 1872.)
  85. 2027.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. )

    Verify source ↗

    A factor must follow the principal’s instructions, even if the factor has advanced money on the consigned property. If the principal forbids a market-price sale, the factor may still sell to recover reimbursement, but must first give reasonable notice of the intended sale and its time and place.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. ) ## 2027. A factor must obey the instructions of his principal to the same extent as any other employé, notwithstanding any advances he may have made to his principal upon the property consigned to him, except that if the principal forbids him to sell at the market price, he may, nevertheless, sell for his reimbursement, after giving to his principal reasonable notice of his intention to do so, and of the time and place of sale, and proceeding in all respects as a pledgee. (Enacted 1872.)
  86. 2028.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. )

    Verify source ↗

    A factor may sell consigned property on usual credit terms, but may not extend the credit after agreeing the credit term with the purchaser.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. ) ## 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 extend it. (Enacted 1872.)
  87. 2029.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. )

    Verify source ↗

    A factor who charges a guaranty commission on a sale must pay the price when it falls due, as if it were his own debt.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. ) ## 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 were a debt of his own, and not as a mere guarantor for the purchaser; but he does not thereby assume any additional responsibility for the safety of his remittance of the proceeds. (Enacted 1872.)
  88. 2030.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. )

    Verify source ↗

    A factor who takes property for sale under a guarantee arrangement cannot avoid responsibility unless the principal consents.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 2. Particular Employments [2019 - 2030] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Factors [2026 - 2030] ( Article 3 enacted 1872. ) ## 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 himself from responsibiliy therefor without the consent of his principal. (Enacted 1872.)
  89. 2078.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Voluntary Interference with Property [2078- 2078.] ( Article 1 heading added by Stats. 1985, Ch. 223, Sec. 1. )

    Verify source ↗

    A person who takes property into possession without the owner’s consent to render a service on it must finish the service, use ordinary care, and account to the owner for the remainder after allowed expense deductions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Voluntary Interference with Property [2078- 2078.] ( Article 1 heading added by Stats. 1985, Ch. 223, Sec. 1. ) ## 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 service about it, must complete such service, and use ordinary care, diligence, and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses incurred by him about such service from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue. (Enacted 1872.)
  90. 2079.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    Real estate brokers or salespersons who meet the listed conditions must inspect certain residential property and disclose material facts to the prospective buyer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 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 Code, to a prospective buyer of residential real property improved with one to four dwelling units or a manufactured home as defined in Section 18007 of the Health and Safety Code, to conduct a reasonably competent and diligent visual inspection of the property offered for sale and to disclose to that prospective buyer all facts materially affecting the value or desirability of the property that an investigation would reveal, if that broker has a written contract with the seller to find or obtain a buyer or is a broker who acts in cooperation with that broker to find and obtain a buyer. (b) It is the duty of a real estate broker or salesperson, licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code, to comply with this section and any regulations imposing standards of professional conduct adopted pursuant to Section 10080 of the Business and Professions Code with reference to Sections 10176 and 10177 of the Business and Professions Code. (Amended by Stats. 2019, Ch. 310, Sec. 8. (AB 892) Effective January 1, 2020.)
  91. 2079.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    This article applies to certain residential real property lease and sale arrangements in the same way it applies to sale transactions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.1. The provisions of this article relating sale transactions of residential real property comprising one to four dwelling units apply with equal force to leases of that property that include an option to purchase, ground leases of land on which one to four dwelling units have been constructed, or real property sales contracts, as defined in Section 2985, for that property. (Added by Stats. 1985, Ch. 223, Sec. 2.)
  92. 2079.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    If the specified booklet or materials are delivered to a buyer, the seller or broker does not have to provide extra information about home energy ratings or water conservation programs.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.10. (a) If the informational booklet published pursuant to Section 25402.9 of the Public Resources Code, concerning the statewide home energy rating program adopted pursuant to Section 25942 of the Public Resources Code, is delivered to a buyer in connection with the sale of real property, including, but not limited to, property specified in Section 1102, manufactured homes as defined in Section 18007 of the Health and Safety Code, and property subject to Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, the seller or broker is not required to provide information additional to that contained in the booklet concerning home energy ratings, and the information in the booklet shall be deemed to be adequate to inform the buyer about the existence of a statewide home energy rating program. (b) Notwithstanding subdivision (a), nothing in this section alters any existing duty of the seller or broker under any other law including, but not limited to, the duties of a seller or broker under this article, Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code, or Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, to disclose information concerning the existence of a home energy rating program affecting the real property. (c) If the informational booklet or materials described in Section 375.5 of the Water Code concerning water conservation and water conservation programs are delivered to a buyer in connection with the sale of real property, including property described in subdivision (a), the seller or broker is not required to provide information concerning water conservation and water conservation programs that is additional to that contained in the booklet or materials, and the information in the booklet or materials shall be deemed to be adequate to inform the buyer about water conservation and water conservation programs. (Amended by Stats. 2018, Ch. 907, Sec. 35. (AB 1289) Effective January 1, 2019.)
  93. 2079.10.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    Contracts for the sale of single-family residential real property entered into on or after July 1, 2013, must include a specified notice in at least 8-point type.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.10.5. (a) Every contract for the sale of single-family residential real property entered into on or after July 1, 2013, shall contain, in not less than 8-point type, a notice as specified below: NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. (b) Upon delivery of the notice to the buyer of the real property, the seller or broker is not required to provide information in addition to that contained in the notice regarding gas and hazardous liquid transmission pipelines in subdivision (a). The information in the notice shall be deemed to be adequate to inform the buyer about the existence of a statewide database of the locations of gas and hazardous liquid transmission pipelines and information from the database regarding those locations. (c) Nothing in this section shall alter any existing duty under any other statute or decisional law imposed upon the seller or broker, including, but not limited to, the duties of a seller or broker under this article, or the duties of a seller or broker under Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2. (Amended by Stats. 2018, Ch. 907, Sec. 36. (AB 1289) Effective January 1, 2019.)
  94. 2079.10a

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

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    Some residential leases, rental agreements, and sale contracts must include a specified notice about registered sex offenders.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.10a. (a) Every lease or rental agreement for single-family residential real property entered into on or after July 1, 1999, any leasehold interest in real property consisting of multiunit residential property with more than four dwelling units entered into after that date, and every contract for the sale of residential real property comprised of one to four dwelling units entered into on or after that date, shall contain, in not less than 8-point type, a notice as specified in paragraph (1), (2), or (3). (1) A contract entered into by the parties on or after July 1, 1999, and before September 1, 2005, shall contain the following notice: Notice: The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more, and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a “900” telephone service. Callers shall have specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900” telephone service. (2) A contract entered into by the parties on or after September 1, 2005, and before April 1, 2006, shall contain either the notice specified in paragraph (1) or the notice specified in paragraph (3). (3) A contract entered into by the parties on or after April 1, 2006, shall contain the following notice: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which the offender resides. (b) Subject to subdivision (c), upon delivery of the notice to the lessee or buyer of the real property, the lessor, seller, or broker is not required to provide information in addition to that contained in the notice regarding the proximity of registered sex offenders. The information in the notice shall be deemed to be adequate to inform the lessee or buyer about the existence of a statewide database of the locations of registered sex offenders and information from the database regarding those locations. The information in the notice shall not give rise to any cause of action against the disclosing party by a registered sex offender. (c) Notwithstanding subdivisions (a) and (b), nothing in this section shall alter any existing duty of the lessor, seller, or broker under any other statute or decisional law including, but not limited to, the duties of a lessor, seller, or broker under this article, or the duties of a seller or broker under Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2. (Amended by Stats. 2018, Ch. 907, Sec. 37. (AB 1289) Effective January 1, 2019.)
  95. 2079.11.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

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    Some consumer information publications are made public domain and freely available; the Seismic Safety Commission’s Homeowner’s Guide to Earthquake Safety must be available to the public at cost, and a vendor that wants to publish it must submit it to the commission before publication for content approval.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.11. (a) Except as provided in subdivision (b), to the extent permitted by law, the consumer information publications referred to in this article, including, but not limited to, the information booklets described in Section 10084.1 of the Business and Professions Code and Section 25402.9 of the Public Resources Code, shall be in the public domain and freely available. (b) Notwithstanding subdivision (a), the Seismic Safety Commission’s Homeowner’s Guide to Earthquake Safety, published pursuant to Section 10149 of the Business and Professions Code, shall be made available to the public at cost and for reproduction at no cost to any vendor who wishes to publish the guide, provided the vendor agrees to submit the guide to the commission prior to publication for content approval. (Amended (as added by Stats. 1994, Ch. 66) by Stats. 1998, Ch. 65, Sec. 4. Effective June 9, 1998. Applicable from June 1, 1998, by Sec. 18 of Ch. 65. Note: Ch. 65 (pursuant to Sec. 20) supersedes and precludes operation of Stats. 1997, 1st Ex. Sess., Ch. 7.)
  96. 2079.12.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

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    This section states legislative findings and intent about clarifying the duty of care for real estate licensees and the related common law rules.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.12. (a) The Legislature hereby finds and declares all of the following: (1) That the imprecision of terms in the opinion rendered in Easton v. Strassburger, 152 Cal. App. 3d 90, and the absence of a comprehensive declaration of duties, standards, and exceptions, has caused insurers to modify professional liability coverage of real estate licensees and has caused confusion among real estate licensees as to the manner of performing the duty ascribed to them by the court. (2) That it is necessary to resolve and make precise these issues in an expeditious manner. (3) That it is desirable to facilitate the issuance of professional liability insurance as a resource for aggrieved members of the public. (4) That Sections 2079 to 2079.6, inclusive, of this article should be construed as a definition of the duty of care found to exist by the holding of Easton v. Strassburger, 152 Cal. App. 3d 90, and the manner of its discharge, and is declarative of the common law regarding this duty. However, nothing in this section is intended to affect the court’s ability to interpret Sections 2079 to 2079.6, inclusive. (b) It is the intent of the Legislature to codify and make precise the holding of Easton v. Strassburger, 152 Cal. App. 3d 90. It is not the intent of the Legislature to modify or restrict existing duties owed by real estate licensees. (Amended by Stats. 1996, Ch. 476, Sec. 1. Effective January 1, 1997.)
  97. 2079.13.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

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    This section defines key real-estate terms used in this article and related sections.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.13. As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent’s salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes a vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) “Listing agreement” means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) “Seller’s agent” means a person who has obtained a listing of real property to act as an agent for compensation. (g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller’s agent. (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a written contract executed by a buyer acting through a buyer’s agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (l) “Single-family residential property” or “single-family residential real property” means any of the following: (1) Real property improved with one to four dwelling units, including a leasehold exceeding one year’s duration. (2) A unit in a residential stock cooperative, condominium, or planned unit development. (3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6 of the Business and Professions Code. (m) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year’s duration. (n) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which they are the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property. (o) “Buyer’s agent” means an agent who represents a buyer in a real property transaction. (p) “buyer-broker representation agreement” means a written contract between a buyer of real property and a buyer’s agent by which the buyer’s agent has been authorized by the buyer to provide services set forth in subdivision (a) of Section 10131 of the Business and Professions Code for or on behalf of the buyer for which a real estate license is required pursuant to the terms of the contract. (Amended by Stats. 2024, Ch. 516, Sec. 3. (AB 2992) Effective January 1, 2025.)
  98. 2079.14.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

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    In a real property transaction, the seller’s agent and buyer’s agent must give the required disclosure form at specified times, and the agent providing it must get a signed acknowledgment unless Section 2079.15 applies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.14. (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows: (1) The seller’s agent, if any, shall provide the disclosure form to the seller before entering into the listing agreement. (2) The buyer’s agent shall provide the disclosure form to the buyer as soon as practicable before execution of a buyer-broker representation agreement and execution of the buyer’s offer to purchase. If the offer to purchase is not prepared by the buyer’s agent, the buyer’s agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer. (b) The agent providing the disclosure form specified in Section 2079.16 shall obtain a signed acknowledgment of receipt from the buyer or seller except as provided in Section 2079.15. (Amended by Stats. 2024, Ch. 516, Sec. 4. (AB 2992) Effective January 1, 2025.)
  99. 2079.15.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

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    If the seller or buyer refuses to sign the required acknowledgment of receipt, the agent must write, sign, and date a declaration of the facts of that refusal.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 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 shall set forth, sign, and date a written declaration of the facts of the refusal. (Amended by Stats. 2018, Ch. 907, Sec. 40. (AB 1289) Effective January 1, 2019.)
  100. 2079.16.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

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    Real estate agents must give this disclosure form when they have more than a casual relationship with a buyer or seller, and the form must include the listed agency-relationship text.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.16. The disclosure form required by Section 2079.14 shall have Sections 2079.13 to 2079.24, inclusive, excluding this section, printed on the back, and on the front of the disclosure form the following shall appear: ## DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (As required by the Civil Code) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. ## SELLER’S AGENT A Seller’s agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller’s agent or a subagent of that agent has the following affirmative obligations: To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent’s duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. ## BUYER’S AGENT A Buyer’s agent can, with a Buyer’s consent, agree to act as agent for the Buyer only. This includes a Buyer’s agent under a buyer-broker representation agreement with the Buyer. In these situations, the agent is not the Seller’s agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent’s duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. ## AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty, and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer’s or Seller’s financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller’s willingness to accept a price less than the listing price or the Buyer’s willingness to pay a price greater than the price offered. ## SELLER AND BUYER RESPONSIBILITIES Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent’s role. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse hereof. Read it carefully. Agent(date) Buyer/Seller(date) (Signature) Salesperson or Broker Associate, if any(date) Buyer/Seller(date) (Signature) (Signature) (Amended by Stats. 2024, Ch. 516, Sec. 5. (AB 2992) Effective January 1, 2025.)
  101. 2079.17.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    Buyer’s and seller’s agents must promptly disclose whether they are acting for one side or as dual agents, and the relationship must be confirmed in the contract or a separate writing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.17. (a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer’s agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer’s agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller’s agent shall disclose to the seller whether the seller’s agent is acting in the real property transaction as the seller’s agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller’s agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form: (Name of Seller’s Agent, Brokerage firm and license number) _____ is the broker of (check one): [ ]the seller; or [ ]both the buyer and seller. (dual agent) (Name of Seller’s Agent and license number) _____ is (check one): [ ]is the Seller’s Agent. (salesperson or broker associate) [ ]is both the Buyer’s and Seller’s Agent. (dual agent) _____ (Name of Buyer’s Agent, Brokerage firm and license number) _____ is the broker of (check one): [ ]the buyer; or [ ]both the buyer and seller. (dual agent) (Name of Buyer’s Agent and license number) _____ is (check one): [ ]the Buyer’s Agent. (salesperson or broker associate) [ ]both the Buyer’s and Seller’s Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent’s duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker. (Amended by Stats. 2018, Ch. 907, Sec. 42. (AB 1289) Effective January 1, 2019.)
  102. 2079.19.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    A seller, buyer, listing agent, and selling agent may share compensation or commissions from a real estate transaction, and that payment arrangement does not by itself determine the agency relationship.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 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 agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. (Added by Stats. 1995, Ch. 428, Sec. 8. Effective January 1, 1996.)
  103. 2079.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    A broker under this article must use the level of care a reasonably prudent real estate licensee would use.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 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 measured by the degree of knowledge through education, experience, and examination, required to obtain a license under Division 4 (commencing with Section 10000) of the Business and Professions Code. (Added by Stats. 1985, Ch. 223, Sec. 2.)
  104. 2079.20.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    An agent may choose a specific agency relationship as a condition of employment if the referenced section requirements are met and the relationship is not specifically prohibited by this article.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.20. Nothing in this article prevents an agent from selecting, as a condition of the agent’s employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. (Added by Stats. 1995, Ch. 428, Sec. 9. Effective January 1, 1996.)
  105. 2079.21.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    A dual agent must not disclose a seller’s confidential information to the buyer, or a buyer’s confidential information to the seller, unless the relevant principal gives express permission.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.21. (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) “Confidential information” means facts relating to the client’s financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. (Amended by Stats. 2018, Ch. 907, Sec. 44. (AB 1289) Effective January 1, 2019.)
  106. 2079.22.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    A seller’s agent may also act as a buyer’s agent. A party’s choice not to have an agent does not by itself make that agent a dual agent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.22. Nothing in this article precludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. (Amended by Stats. 2018, Ch. 907, Sec. 45. (AB 1289) Effective January 1, 2019.)
  107. 2079.23.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    A lender or lender-retained auction company cannot make the homeowner or listing agent agree to defend or indemnify it as a condition of transaction approval.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.23. (a) 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 which is the object of the agency with the written consent of the parties to the agency relationship. (b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of receiving the lender’s approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is against public policy, void, and unenforceable. (Amended by Stats. 2014, Ch. 893, Sec. 2. (AB 2039) Effective January 1, 2015.)
  108. 2079.24.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    This section says it does not reduce disclosure duties or liability for agents, associate licensees, subagents, or employees.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.24. Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. (Added by Stats. 1995, Ch. 428, Sec. 13. Effective January 1, 1996.)
  109. 2079.25.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    Subdivision (d) of Section 1102.1 applies to this article.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.25. The provisions of subdivision (d) of Section 1102.1 shall apply to this article. (Added by Stats. 2018, Ch. 907, Sec. 46. (AB 1289) Effective January 1, 2019.)
  110. 2079.26.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Unsolicited Offers to Purchase Real Property Affected by January 2025 Fires in the Counties of Los Angeles and Ventura [2079.26- 2079.26.] ( Article 3 added by Stats. 2025, Ch. 535, Sec. 1. )

    Verify source ↗

    This section prohibits unsolicited offers to buy certain residential real property in specified ZIP Codes and requires a buyer and seller to sign, and the buyer to record, a written attestation before title transfer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Unsolicited Offers to Purchase Real Property Affected by January 2025 Fires in the Counties of Los Angeles and Ventura [2079.26- 2079.26.] ( Article 3 added by Stats. 2025, Ch. 535, Sec. 1. ) ## 2079.26. (a) A person shall not make an unsolicited offer to purchase residential real property in the 90049, 90263, 90265, 90272, 90290, 90402, 91001, 91024, 91103, 91104, 91106, 91107, 91301, 91302, or 91320 ZIP Codes. (b) (1) Prior to the transfer of title in the purchase of residential real property described in subdivision (a), the buyer and seller shall execute a written attestation affirming that the purchase agreement was not entered into as a result of an unsolicited offer in violation of subdivision (a). (2) The signed attestation described in paragraph (1) shall create a presumption that the accepted offer was solicited by the seller of the property, unless there is clear and convincing evidence to the contrary. (3) The buyer shall record the signed attestation described in paragraph (1) as an attachment to the deed or other conveyance of title when recording the transfer of title. (4) Failure to record the signed attestation described in paragraph (1) as an attachment to the deed or other conveyance of title shall not affect any constructive notice imparted by proper recordation of the deed or other conveyance and shall not affect the rights of any subsequent bona fide purchaser or encumbrancer. (c) A person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who makes a written offer on their own behalf, or on behalf of another person while conducting licensed activity, in violation of this section shall be deemed to have violated that person’s licensing law. (d) The Attorney General, a county counsel, city attorney, or a district attorney may bring a civil action to enforce this section. (e) (1) A seller shall have the right to cancel a purchase agreement entered into in violation of this section, exercisable until four months after the date of execution of the contract. (2) A person who violates subdivision (a) may be assessed a civil penalty not to exceed twenty-five thousand dollars ($25,000) per violation. The civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. (3) A person who violates subdivision (a) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed six months. (4) The remedies and penalties provided by this subdivision are nonexclusive and are in addition to any other remedies or penalties available under other laws. (f) For purposes of this section: (1) “Person” includes a corporation, firm, partnership, or association existing under or authorized by the laws of this state or any other state, or any foreign country. (2) “Unsolicited offer to purchase” means any offer to purchase a property made by any person by text message, email, telephone call, mail, or other means of communication, unless either of the following conditions are met: (A) At or before the time that the offer is made, there is public indication that the owner is willing to sell the property, including, but not limited to: (i) The property is listed for sale by the owner or their agent on a multiple listing service or in any publicly available marketing platform. (ii) The owner placed a “for sale” sign on the property or advertised the property for sale in a print publication or a flyer posted in a public place. (B) The offer was made prior to the enactment of this section. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (h) This article shall become operative 30 days after the effective date of the act that added this section. (i) This article shall be repealed on January 1, 2027. (Added by Stats. 2025, Ch. 535, Sec. 1. (AB 851) Effective October 10, 2025. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Article 3, commencing with Section 2079.26.)
  111. 2079.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    This provision limits the inspection under this article to areas that are reasonably and normally accessible, and excludes certain off-site and records-related checks.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.3. The inspection to be performed pursuant to this article does not include or involve an inspection of areas that are reasonably and normally inaccessible to this type of an inspection, nor an affirmative inspection of areas off the site of the subject property or public records or permits concerning the title or use of the property, and, if the property comprises a unit in a planned development as defined in Section 11003 of the Business and Professions Code, a condominium as defined in Section 783, or a stock cooperative as defined in Section 11003.2 of the Business and Professions Code, does not include an inspection of more than the unit offered for sale, if the seller or the broker complies with the provisions of Sections 4525 to 4580, inclusive. (Amended by Stats. 2012, Ch. 181, Sec. 38. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  112. 2079.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    A legal action for breach of duty under this article must be brought within two years of possession, as defined by recordation, close of escrow, or occupancy, whichever happens first.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 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, which means the date of recordation, the date of close of escrow, or the date of occupancy, whichever occurs first. (Added by Stats. 1985, Ch. 223, Sec. 2.)
  113. 2079.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    A buyer or prospective buyer still has to use reasonable care to protect themselves.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.5. Nothing in this article relieves a buyer or prospective buyer of the duty to exercise reasonable care to protect himself or herself, including those facts which are known to or within the diligent attention and observation of the buyer or prospective buyer. (Added by Stats. 1985, Ch. 223, Sec. 2.)
  114. 2079.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    This section says the article does not apply to certain real property sales involving a required public report or sales allowed without a public report, unless the property was previously occupied.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.6. This article does not apply to sales which are required to be preceded by the furnishing, to a prospective buyer, of a copy of a public report pursuant to Section 11018.1 or Section 11234 of the Business and Professions Code and sales that can be made without a public report pursuant to Section 11010.4 of the Business and Professions Code, unless the property has been previously occupied. (Amended by Stats. 2018, Ch. 907, Sec. 31. (AB 1289) Effective January 1, 2019.)
  115. 2079.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    If the specified consumer information booklet is given to the buyer, the seller or broker does not have to provide extra information about common environmental hazards covered by the booklet.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 2079.7. (a) If a consumer information booklet described in Section 10084.1 of the Business and Professions Code is delivered to a buyer in connection with the sale of real property, including property specified in Section 1102 of the Civil Code, or manufactured housing, as defined in Section 18007 of the Health and Safety Code, a seller or broker is not required to provide additional information concerning, and the information shall be deemed to be adequate to inform the buyer regarding, common environmental hazards, as described in the booklet, that can affect real property. (b) Notwithstanding subdivision (a), nothing in this section either increases or decreases the duties, if any, of sellers or brokers, including, but not limited to, the duties of a seller or broker under this article, Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2, or Section 78700 of the Health and Safety Code, or alters the duty of a seller or broker to disclose the existence of known environmental hazards on or affecting the real property. (Amended by Stats. 2022, Ch. 258, Sec. 5. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  116. 2079.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    If a Homeowner’s Guide to Earthquake Safety is delivered with a real property sale, the seller or broker does not have to provide extra hazard information beyond the guide.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 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 buyer in connection with the sale of real property, including property specified in Section 1102 or under Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, a seller or broker is not required to provide additional information concerning, and the information shall be deemed to be adequate to inform the buyer regarding, geologic and seismic hazards, in general, as described in the guide, that may affect real property and mitigating measures that the buyer or seller might consider. (b) Notwithstanding subdivision (a), nothing in this section increases or decreases the duties, if any, of sellers or brokers, including, but not limited to, the duties of a seller or broker under this article, Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2, or under Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, or alters the duty of a seller or broker to disclose the existence of known hazards on or affecting the real property. (Amended by Stats. 2018, Ch. 907, Sec. 33. (AB 1289) Effective January 1, 2019.)
  117. 2079.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. )

    Verify source ↗

    If the earthquake safety guide is delivered to the buyer, the seller or broker does not have to give extra information about general geologic or seismic hazards covered by the guide.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 3. Service Without Employment [2078 - 2079.26] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Duty to Prospective Purchaser of Real Property [2079 - 2079.25] ( Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1. ) ## 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 buyer in connection with the sale of real property, including property specified in Section 1102 or under Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code, a seller or broker is not required to provide additional information concerning, and the information shall be deemed to be adequate to inform the buyer regarding, geologic and seismic hazards, in general, as described in the guide, that may affect real property and mitigating measures that the buyer or seller might consider. (b) Notwithstanding subdivision (a), nothing in this section increases or decreases the duties, if any, of sellers, their real estate brokers or agents under this article or under Chapter 7.5 (commencing with Section 2621) or Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, or alters the duty of a seller, agent, or broker to disclose the existence of known hazards on or affecting the real property. (Amended by Stats. 2018, Ch. 907, Sec. 34. (AB 1289) Effective January 1, 2019.)
  118. 2080.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    A person who finds lost property does not have to take it, unless contract or law requires it; if they do take it, they must notify the owner if known, return it without compensation (except a reasonable care charge), and treat any live domestic animal humanely.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 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 the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. Any person or any public or private entity that finds and takes possession of any money, goods, things in action, or other personal property, or saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a live domestic animal shall provide for humane treatment of the animal. (Amended by Stats. 1998, Ch. 752, Sec. 9. Effective January 1, 1999.)
  119. 2080.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    A finder of unknown or unclaimed property worth $100 or more must promptly turn it over to the local police or sheriff and file an affidavit; the department must notify the owner if identifiable and may charge a reasonable storage-and-care fee.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 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 hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state: (1) From what and how it was saved. (2) Whether the owner of the property is known to the affiant. (3) That the affiant has not secreted, withheld, or disposed of any part of the property. (b) The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property. (Amended by Stats. 1992, Ch. 138, Sec. 1. Effective January 1, 1993.)
  120. 2080.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    A public agency that takes personal property for temporary safekeeping must store, document, and handle it, give the person a receipt and retrieval instructions, try to identify the owner if needed, and follow a 60-day claim period.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 2080.10. (a) When a public agency obtains possession of personal property from a person for temporary safekeeping, the public agency shall do all of the following: (1) Take responsibility for the storage, documentation, and disposition of the property. (2) Provide the person from whom the property was taken with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given to the person from whom the property was taken at the time the public agency obtains the property or immediately mailed, by first-class mail, to the person from whom the property was taken. (3) If the public agency has knowledge that the person from whom the property was taken is not the owner, the agency shall make reasonable efforts to identify the owner. If the owner is identified, the public agency shall mail, by first-class mail, a receipt and instructions for the retrieval of the property. (b) The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within 60 days after the public agency obtains possession or the property will be disposed of in accordance with the disposal provisions of this article. Within 60 days, the person may do one of the following: (1) Retrieve the property. (2) Authorize in writing another person to retrieve the property. (3) Notify the public agency in writing that he or she is unable to retrieve the property, because he or she is in custody, and request the public agency to hold the property. If a person notifies the public agency that he or she is unable to retrieve the property within 60 days, or have an authorized person retrieve the property, the public agency shall hold the property for not longer than 10 additional months. (c) The public agency shall not be liable for damages caused by any official action performed with due care regarding the disposition of personal property pursuant to this section and the disposal provisions of this article. (d) As used in this section, “public agency” means any state agency, any city, county, city and county, special district, or other political subdivision. (Added by Stats. 1998, Ch. 540, Sec. 1. Effective January 1, 1999.)
  121. 2080.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    If the owner comes forward within 90 days, proves ownership, and pays all reasonable charges, the police or sheriff’s department must return the property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 2080.2. If the owner appears within 90 days, after receipt of the property by the police department or sheriff’s department, proves his ownership of the property, and pays all reasonable charges, the police department or sheriff’s department shall restore the property to him. (Repealed and added by Stats. 1967, Ch. 1512.)
  122. 2080.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    Police or sheriff’s departments must publish notice for certain unclaimed property, and title can vest in the finder if no owner appears within the stated time and publication-cost conditions are met.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 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 property within 90 days, the police department or sheriff’s department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff’s department caused the notice to be published. (b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. (Amended by Stats. 1992, Ch. 138, Sec. 2. Effective January 1, 1993.)
  123. 2080.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    A city, city and county, or county may set rules for unclaimed property in police or sheriff possession, including holding it for at least three months and then selling it at public auction or transferring it to a local agency.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 2080.4. Notwithstanding the provisions of Section 2080.3 or Section 2080.6, the legislative body of any city, city and county, or county may provide by ordinance for the care, restitution, sale or destruction of unclaimed property in the possession of the police department of such city or city and county or of the sheriff of such county. Any city, city and county, or county adopting such an ordinance shall provide therein (1) that such unclaimed property shall be held by the police department or sheriff for a period of at least three months, and (2) that thereafter such property will be sold at public auction to the highest bidder, with notice of such sale being given by the chief of police or sheriff at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county, or that thereafter such property will be transferred to the local government purchasing and stores agency or other similar agency for sale to the public at public auction. If such property is transferred to a county purchasing agent it may be sold in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If property is transferred to the local government purchasing and stores agency or other similar agency pursuant to this section, such property shall not be redeemable by the owner or other person entitled to possession. If the local government purchasing and stores agency or other similar agency determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold. (Amended by Stats. 1983, Ch. 878, Sec. 1.)
  124. 2080.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    Police or sheriff’s departments may sell certain lost or unclaimed property at public auction if the owner cannot be found or refuses to pay charges, and the property is at risk or the charges are high enough.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 2080.5. The police department or sheriff’s department may sell such property by public auction, in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the lawful charges provided by Sections 2080 and 2080.1, in the following cases: (1) When the thing is in danger of perishing, or of losing the greater part of its value; or, (2) When the lawful charges provided by Sections 2080 and 2080.1 amount to two-thirds of its value. (Repealed and added by Stats. 1967, Ch. 1512.)
  125. 2080.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    A public agency may choose to follow this article for found or saved property, or adopt its own reasonable rules for unclaimed property, but those rules must require a three-month holding period, public auction sale, and advance newspaper notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 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 property subject to its jurisdiction, or may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession. Any public agency adopting such regulations shall provide therein (1) that such unclaimed property shall be held by such agency for a period of at least three months, (2) that thereafter such property will be sold at public auction to the highest bidder, and (3) that notice of such sale shall be given by the chief administrative officer of such agency at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county in which such property was found. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the public agency. In a county having a purchasing agent, the purchasing agent may conduct such sale, in which case the provisions of subdivisions (2) and (3) of this section shall not be applicable. Such sale shall be made by the county purchasing agent in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If the public agency determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold. (b) “Public agency” as used in this section means any state agency, including the Department of General Services and the Department of Parks and Recreation, any city, county, city and county, special district, or other political subdivision. (Amended by Stats. 1988, Ch. 1282, Sec. 1.)
  126. 2080.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    This article does not apply to things that their owner intentionally abandoned.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 2080.7. The provisions of this article have no application to things which have been intentionally abandoned by their owner. (Repealed and added by Stats. 1967, Ch. 1512.)
  127. 2080.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )

    Verify source ↗

    The Regents and the California State University trustees may set rules for unclaimed, lost, or abandoned property, but any adopted rule must keep $300+ property for at least three months, sell it at public auction, and give five days’ newspaper notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. ) ## 2080.8. (a) The Regents of the University of California and the Trustees of the California State University, as applicable, may provide by resolution or regulation for the care, restitution, sale, or destruction of unclaimed, lost, or abandoned property in the possession of the Regents of the University of California, the University of California Police Department, or any state university. (b) Any resolution or regulation adopted pursuant to this section shall provide therein (1) that unclaimed, lost, or abandoned property valued at or above three hundred dollars ($300) shall be held by the Regents of the University of California, the University of California Police Department, or the particular state university for a period of at least three months, (2) that thereafter the property will be sold at public auction to the highest bidder, and (3) that notice of that sale shall be given by the Regents of the University of California, the University of California Police Department, or the Trustees of the California State University at least five days before the time therefor by publication once in a newspaper of general circulation published in the county in which the property is held. (c) The Regents of the University of California or the Trustees of the California State University may dispose of any of that property upon which no bid is made at any sale. (Amended by Stats. 2010, Ch. 199, Sec. 1. (AB 1890) Effective January 1, 2011.)
  128. 2081.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. )

    Verify source ↗

    Certain carriers and storage businesses may hold or store undelivered property until freight and just and reasonable charges are paid.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. ) ## 2081. When any goods, merchandise, or other property has been received by any railroad or express company, other common carrier, commission merchant, innkeeper, or warehouseman, for transportation or safekeeping, and is not delivered to the owner, consignee, or other authorized person, the carrier, commission merchant, innkeeper, or warehouseman may hold or store the property with some responsible person until the freight and all just and reasonable charges are paid. (Added by Stats. 1951, Ch. 656.)
  129. 2081.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. )

    Verify source ↗

    A carrier, commission merchant, innkeeper, or warehouseman may sell unclaimed property at public auction if no one claims it and pays the freight and charges within 60 days after receipt.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. ) ## 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, innkeeper, or warehouseman may sell the property, or so much of it as will pay freight and charges, to the highest bidder at public auction, after first causing such notice of sale to be given as is customary in sales of goods by auction at the place where the goods are held or stored. (Added by Stats. 1951, Ch. 656.)
  130. 2081.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. )

    Verify source ↗

    If sale proceeds exceed freight, storage, sale expenses, and other reasonable charges, the remaining surplus must be paid to the property owner if the owner demands it within 60 days after the sale.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. ) ## 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 owner of the property, upon his demand at any time within 60 days after the sale. (Added by Stats. 1951, Ch. 656.)
  131. 2081.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. )

    Verify source ↗

    If the owner or the owner’s agent does not demand the surplus within 60 days after the sale, the surplus must be paid into the county treasury and remains subject to the owner’s order.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. ) ## 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 of the owner. (Added by Stats. 1951, Ch. 656.)
  132. 2081.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. )

    Verify source ↗

    After property is stored, the carrier’s responsibility ends, and the person storing it is not liable for loss or damage unless it was caused by negligence or lack of proper care.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. ) ## 2081.4. After the storage of the property the responsibility of the carrier, commission merchant, innkeeper, or warehouseman ceases. The person with whom the property is stored is not liable for loss or damage on its account unless the loss or damage results from his negligence or want of proper care. (Added by Stats. 1951, Ch. 656.)
  133. 2081.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. )

    Verify source ↗

    A commission merchant or warehouseman may advertise and sell consigned property if advances on it are not paid within 60 days.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. ) ## 2081.5. When any commission merchant or warehouseman receives produce, merchandise, or other property on consignment and makes advances upon it, either to the owner or for freight and charges, if the advances are not paid to him within 60 days from the date made, he may cause the produce, merchandise, or property on which the advances were made, to be advertised and sold pursuant to this article. (Added by Stats. 1951, Ch. 656.)
  134. 2081.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. )

    Verify source ↗

    Proceedings under this article must be governed only by this article’s provisions and are not controlled or affected by the cited other article.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 2. Unclaimed Property [2081 - 2081.6] ( Article 2 added by Stats. 1951, Ch. 656. ) ## 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, Part 4, Division 3 of this code. (Added by Stats. 1951, Ch. 656.)
  135. 2082.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 3. Fees of Officers [2082- 2082.] ( Article 3 added by Stats. 1951, Ch. 656. )

    Verify source ↗

    Officers’ fees under this chapter are set at the same amount allowed by law for similar services, and the taker up or finder must pay them.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 6. SERVICE [2019 - 2082] ( Title 6 enacted 1872. ) ## CHAPTER 4. Lost and Unclaimed Property [2080 - 2082] ( Chapter 4 added by Stats. 1951, Ch. 656. ) ## ARTICLE 3. Fees of Officers [2082- 2082.] ( Article 3 added by Stats. 1951, Ch. 656. ) ## 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 from the owner. (Added by Stats. 1951, Ch. 656.)
  136. 2085.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A contract of carriage is a contract to transport property, persons, or messages from one place to another.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. ) ## 2085. The contract of carriage is a contract for the conveyance of property, persons, or messages, from one place to another. (Enacted 1872.)
  137. 2086.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section says carriage is either inland or marine.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. ) ## 2086. Carriage is either: 1. Inland; or, 2. Marine. (Enacted 1872.)
  138. 2087.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Carriers on the ocean or on arms of the sea are marine carriers; everyone else is an inland carrier.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. ) ## 2087. Carriers upon the ocean and upon arms of the sea are marine carriers. All others are inland carriers. (Enacted 1872.)
  139. 2088.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section says the rights and duties of carriers by sea are defined by Acts of Congress.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. ) ## 2088. Rights and duties peculiar to carriers by sea are defined by Acts of Congress. (Enacted 1872.)
  140. 2089.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Carriers without reward are generally governed by the same rules as employGs without reward, unless this Title provides otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. ) ## 2089. Carriers without reward are subject to the same rules as employGs without reward, except so far as is otherwise provided by this Title. (Enacted 1872.)
  141. 2090.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A carrier without reward who has started performance must finish the undertaking, unless the carrier restores the person or thing carried to as favorable a position as before carriage began.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 1. Carriage in General [2085 - 2090] ( Chapter 1 enacted 1872. ) ## 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 restores the person or thing carried to as favorable a position as before he commenced the carriage. (Enacted 1872.)
  142. 2096.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Gratuitous Carriage of Persons [2096- 2096.] ( Article 1 enacted 1872. )

    Verify source ↗

    A carrier of persons without reward must use ordinary care and diligence to carry passengers safely.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Gratuitous Carriage of Persons [2096- 2096.] ( Article 1 enacted 1872. ) ## 2096. A carrier of persons without reward must use ordinary care and diligence for their safe carriage. (Enacted 1872.)
  143. 2100.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. )

    Verify source ↗

    A carrier of persons for reward must use utmost care, provide what is necessary, and exercise reasonable skill for safe carriage.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. ) ## 2100. A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill. (Enacted 1872.)
  144. 2101.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. )

    Verify source ↗

    A carrier of persons for reward must provide vehicles that are safe and fit for their intended use.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. ) ## 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 this respect by any degree of care. (Enacted 1872.)
  145. 2102.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. )

    Verify source ↗

    A carrier of persons for reward must not overcrowd or overload the vehicle.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. ) ## 2102. A carrier of persons for reward must not overcrowd or overload his vehicle. (Enacted 1872.)
  146. 2103.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. )

    Verify source ↗

    A carrier of persons for reward must give passengers usual and reasonable accommodations, treat them civilly, and give them a reasonable degree of attention.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. ) ## 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 give them a reasonable degree of attention. (Enacted 1872.)
  147. 2104.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. )

    Verify source ↗

    A carrier of persons for reward must travel at a reasonable speed and avoid unreasonable delay or deviation from the proper route.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 2. Carriage of Persons [2096 - 2104] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Carriage for Reward [2100 - 2104] ( Article 2 enacted 1872. ) ## 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. (Enacted 1872.)
  148. 2110.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. General Definitions [2110- 2110.] ( Article 1 enacted 1872. )

    Verify source ↗

    This section defines freight, freightage, consignor, and consignee for carriage of property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. General Definitions [2110- 2110.] ( Article 1 enacted 1872. ) ## 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 carrier is called the consignor; and the person to whom it is to be delivered is called the consignee. (Enacted 1872.)
  149. 2114.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Obligations of the Carrier [2114 - [2121.]] ( Article 2 enacted 1872. )

    Verify source ↗

    Carriers of property must use ordinary care if they are carrying for reward, and at least slight care if they are not.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Obligations of the Carrier [2114 - [2121.]] ( Article 2 enacted 1872. ) ## 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 use at least slight care and diligence. (Enacted 1872.)
  150. 2115.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Obligations of the Carrier [2114 - [2121.]] ( Article 2 enacted 1872. )

    Verify source ↗

    A carrier must follow the directions of the consignor or consignee, subject to Section 7303 of the Uniform Commercial Code.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Obligations of the Carrier [2114 - [2121.]] ( Article 2 enacted 1872. ) ## 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 that an employee is bound to comply with those of his employer. (Amended by Stats. 1963, Ch. 819.)
  151. 2118.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Obligations of the Carrier [2114 - [2121.]] ( Article 2 enacted 1872. )

    Verify source ↗

    A carrier of property must deliver the property to the consignee at the address shown, using the usual manner for that place, subject to Section 7303 of the Uniform Commercial Code.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Obligations of the Carrier [2114 - [2121.]] ( Article 2 enacted 1872. ) ## 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 addressed, in the manner usual at that place. (Amended by Stats. 1963, Ch. 819.)
  152. 2119.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Obligations of the Carrier [2114 - [2121.]] ( Article 2 enacted 1872. )

    Verify source ↗

    A carrier must deliver freight according to the listed delivery rules unless local usage says otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Obligations of the Carrier [2114 - [2121.]] ( Article 2 enacted 1872. ) ## 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 by the carrier, it may be delivered at the station nearest to the place to which it is addressed; 2. If carried by sea from a foreign country, it may be delivered at the wharf where the ship moors, within a reasonable distance from the place of address; or, if there is no wharf, on board a lighter alongside the ship; or, 3. Subject to Section 7303 of the Uniform Commercial Code, in other cases, it must be delivered to the consignee or his agent, personally, if either can, with reasonable diligence, be found. (Amended by Stats. 1963, Ch. 819.)
  153. 2136.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. )

    Verify source ↗

    A carrier may require freightage to be paid when receiving the freight, but cannot demand it later unless ready to deliver the freight to the consignee.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. ) ## 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 deliver the freight to the consignee. (Enacted 1872.)
  154. 2137.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. )

    Verify source ↗

    The consignor is presumed to owe the freightage, but the carrier cannot later collect it from the consignor if the contract makes the consignee pay and the carrier lets the consignee take the freight.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. ) ## 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 shall pay it, and the carrier allows the consignee to take the freight, he cannot afterwards recover the freightage from the consignor. (Enacted 1872.)
  155. 2138.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. )

    Verify source ↗

    The consignee of freight is liable for freightage if they accept the freight knowing the consignor intended them to pay it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. ) ## 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. (Enacted 1872.)
  156. 2139.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. )

    Verify source ↗

    Freightage cannot be charged on the natural increase of freight.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. ) ## 2139. No freightage can be charged upon the natural increase of freight. (Enacted 1872.)
  157. 2140.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. )

    Verify source ↗

    If freight is apportioned by contract, the carrier is entitled to payment in line with that apportionment for the amount delivered.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. ) ## 2140. If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according to the apportionment, for so much as he delivers. (Enacted 1872.)
  158. 2141.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. )

    Verify source ↗

    If a consignee accepts part of a freight shipment without specifically objecting that the rest was not delivered, freight charges must be apportioned and paid for the part accepted.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. ) ## 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 and paid as to that part, though not apportioned in the original contract. (Enacted 1872.)
  159. 2142.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. )

    Verify source ↗

    If freight is accepted before the agreed delivery place, the carrier may get only a proportion of the freightage; if the carrier is ready and offers to finish the trip, the carrier gets the full freightage.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. ) ## 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 freightage, according to distance. If the carrier, being ready and willing, offers to complete the transit, he is entitled to the full freightage. If he does not thus offer completion, and the consignee receives the freight only from necessity, the carrier is not entitled to any freightage. (Enacted 1872.)
  160. 2143.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. )

    Verify source ↗

    If freight is carried further or faster than agreed, the carrier cannot charge extra and must deliver it when the consignee demands it at arrival.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. ) ## 2143. If freight is carried further, or more expeditiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, and cannot refuse to deliver it, on the demand of the consignee, at the place and time of its arrival. (Enacted 1872.)
  161. 2144.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. )

    Verify source ↗

    A carrier has a lien for freightage, related transportation services, care and preservation of the property, money advanced to clear a prior lien, and certain costs tied to false cargo-weight certifications, subject to Section 3051.6 for that last item.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 3. Carriage of Property [2110 - 2144] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Freightage [2136 - 2144] ( Article 4 enacted 1872. ) ## 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, (b) care and preservation of the property, (c) money advanced at request of shipper or consignee to discharge a prior lien, and (d), subject to the limitations specified in Section 3051.6, any fines, penalties, costs, expenses, and interest arising from the provision of false or erroneous certifications of gross cargo weight as required by Section 508 of Title 49 of the United States Code. The carrier’s rights to this lien are regulated by the title on liens. (Amended by Stats. 1993, Ch. 757, Sec. 1. Effective January 1, 1994.)
  162. 2161.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 4. Carriage of Messages [2161 - [2162.]] ( Chapter 4 enacted 1872. )

    Verify source ↗

    Message carriers for reward must deliver messages to the addressed place or intended person, with special distance rules for telegraph/telephone carriers and limited messenger compensation outside one mile.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 4. Carriage of Messages [2161 - [2162.]] ( Chapter 4 enacted 1872. ) ## 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 for whom they are intended. Such carrier, by telegraph or telephone, must deliver them at such place and to such person, providedthe place of address, or the person for whom they are intended, is within a distance of two miles from the main office of the carrier in the city or town to which the messages are transmitted, and the carrier is not required, in making the delivery, to pay on his route toll or ferriage; but for any distance beyond one mile from such office, compensation may be charged for a messenger employed by the carrier. (Amended by Stats. 1905, Ch. 469.)
  163. 2169.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. )

    Verify source ↗

    A common carrier must, if able, accept and carry items it normally undertakes to transport, when offered at a reasonable time and place.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. ) ## 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 is accustomed to carry. (Enacted 1872.)
  164. 2170.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. )

    Verify source ↗

    Common carriers may not favor one person over another and passenger rail or vessel carriers must publish a schedule and start on time, subject to listed exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. ) ## 2170. A common carrier must not give preference in time, price, or otherwise, to one person over another. Every common carrier of passengers by railroad, or by vessel plying upon waters lying wholly within this State, shall establish a schedule time for the starting of trains or vessel from their respective stations or wharves, of which public notice shall be given, and shall, weather permitting, except in case of accident or detention caused by connecting lines, start their said trains or vessel at or within ten minutes after the scheduled time so established and notice given, under a penalty of two hundred and fifty dollars for each neglect so to do, to be recovered by action before any Court of competent jurisdiction, upon complaint filed by the District Attorney of the county in the name of the people, and paid into the Common School Fund of the said county. (Amended by Code Amendments 1880, Ch. 37.)
  165. 2171.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. )

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    A common carrier must always give priority in time, and may give priority in price, to the United States and this State.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. ) ## 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. (Enacted 1872.)
  166. 2173.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. )

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    A common carrier is entitled to reasonable compensation, may require advance payment, and may refuse to carry if payment is refused.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. ) ## 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 may refuse to carry. (Enacted 1872.)
  167. 2175.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. )

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    A common carrier cannot use an advance agreement to avoid liability for gross negligence, fraud, or willful wrong by itself or its servants.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. ) ## 2175. A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants. (Enacted 1872.)
  168. 2178.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. )

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    A common carrier by steam or electric railroad that handles certain passenger luggage and packages has liability caps for loss or injury, unless it agrees in writing to higher liability.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 1. Common Carriers in General [[2168.] - 2178] ( Article 1 enacted 1872. ) ## 2178. A common carrier of property by steam or electric railroad which accepts for transportation, storage, handling or safe-keeping, as a part of or in connection with passenger transportation, property carried in trunks, valises, suit cases, traveling bags, boxes, bundles or packages, shall not be liable, in the event of loss of or injury to the same, for more than one hundred dollars for each trunk and contents, nor more than fifty dollars for each valise and contents, or suit case and contents, or traveling bag and contents, nor more than ten dollars for each box, bundle or package and contents, unless the carrier shall have consented in writing to assume a greater liability. The term “common carrier” as used in this section shall include sleeping car companies. (Added by Stats. 1931, Ch. 614.)
  169. 2180.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

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    Common carriers of persons must carry a reasonable amount of each passenger’s baggage without charge, with limits for excess weight and special stage line rules.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 2180. A common carrier of persons, unless his vehicle is fitted for the reception of persons exclusively, must receive and carry a reasonable amount of baggage for each passenger without charge, except for an excess of weight over one hundred pounds to a passenger; if such carrier is a proprietor of a stage line, he need not receive and carry for each passenger by such stage line, without charge, more than sixty pounds of baggage. (Amended by Stats. 1905, Ch. 455.)
  170. 2181.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

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    This section defines what counts as luggage and says bicycles carried as luggage do not need a crate cover or other protection, but a passenger may not carry more than one bicycle as luggage.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 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 class to which he belongs, either with reference to the important necessities or to the ultimate purposes of his journey. Luggage within the meaning of this section shall include the samples, case, wares, appliances and catalogs of commercial travelers or their employers, used by them for the purpose of transacting their business and carried with them solely for that purpose, when securely packed and locked in substantial trunks or sample cases of convenient shape and weight for handling. No crate cover or other protection shall be required for any bicycle carried as luggage, but no passenger shall be entitled to carry as luggage more than one bicycle. (Amended by Stats. 1911, Ch. 363.)
  171. 2182.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

    Verify source ↗

    A carrier’s liability for luggage taken with a passenger is the same as a common carrier of property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 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. (Enacted 1872.)
  172. 2184.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

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    A common carrier of persons must have enough vehicles to carry the passengers it can reasonably expect at one time.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 2184. A common carrier of persons must provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time. This section shall not apply, however, to any passenger stage corporation or street railroad corporation, as defined in Sections 226 and 232, respectively, of the Public Utilities Code, which is subject to the jurisdiction of the Public Utilities Commission. (Amended by Stats. 1957, Ch. 511.)
  173. 2185.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

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    A common carrier of persons must give every passenger a seat and must not carry more passengers than the vehicle’s rated capacity allows.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 2185. A common carrier of persons must provide every passenger with a seat. He must not overload his vehicle by receiving and carrying more passengers than its rated capacity allows. This section shall not apply, however, to any city, county, city and county that operates a transportation system, or to any passenger stage corporation or street railroad corporation, as defined in Sections 226 and 232, respectively, of the Public Utilities Code, which is subject to the jursidiction of the Public Utilities Commission. (Amended by Stats. 1963, Ch. 1409.)
  174. 2186.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

    Verify source ↗

    A common carrier of persons may set business rules and may require passengers to follow them, but only if the rules are lawful, public, uniformly applied, and reasonable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 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, public, uniform in their application, and reasonable. (Enacted 1872.)
  175. 2187.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

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    A common carrier may ask passengers for the fare at the start of the trip or later.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 2187. A common carrier may demand the fare of passengers, either at starting or at any subsequent time. (Enacted 1872.)
  176. 2188.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

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    A carrier may eject a passenger who refuses to pay fare or obey lawful carrier regulations, but the ejection must be as nonviolent as possible and done at a usual stopping place or near a dwelling house.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 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 this must be done with as little violence as possible, and at any usual stopping place or near some dwelling house. (Enacted 1872.)
  177. 2190.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

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    After ejecting a passenger, a carrier may not demand payment of any part of the passenger’s fare.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 2190. After having ejected a passenger, a carrier has no right to require the payment of any part of his fare. (Enacted 1872.)
  178. 2191.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. )

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    A common carrier may assert a lien on a passenger’s luggage to secure payment of fare owed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 2. Common Carriers of Persons [2180 - 2191] ( Article 2 enacted 1872. ) ## 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 the Title on Liens. (Enacted 1872.)
  179. 2207.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 4. Common Carriers of Messages [2207 - 2209] ( Article 4 enacted 1872. )

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    A telegraph message carrier must send messages immediately when practicable; if not, it must follow the statute’s priority order.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 4. Common Carriers of Messages [2207 - 2209] ( Article 4 enacted 1872. ) ## 2207. A carrier of messages by telegraph must, if it is practicable, transmit every such message immediately upon its receipt. But if this is not practicable, and several messages accumulate upon his hands, he must transmit them in the following order: 1. Messages from public agents of the United States or of this State, on public business; 2. Messages intended in good faith for immediate publication in newspapers, and not for any secret use; 3. Messages giving information relating to the sickness or death of any person; 4. Other messages in the order in which they were received. (Enacted 1872.)
  180. 2208.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 4. Common Carriers of Messages [2207 - 2209] ( Article 4 enacted 1872. )

    Verify source ↗

    A common carrier of messages other than by telegraph must deliver messages in the order received, except government messages on public business, which must be given priority. It may also set times for sending multiple previously received messages at once.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 4. Common Carriers of Messages [2207 - 2209] ( Article 4 enacted 1872. ) ## 2208. A common carrier of messages, otherwise than by telegraph, must transmit messages in the order in which he receives them, except messages from agents of the United States or of this State, on public business, to which he must always give priority. But he may fix upon certain times for the simultaneous transmission of messages previously received. (Enacted 1872.)
  181. 2209.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 4. Common Carriers of Messages [2207 - 2209] ( Article 4 enacted 1872. )

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    If a message is wrongly refused or delayed under this chapter, the affected person may recover actual damages plus $50 from the carrier.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 4. Common Carriers of Messages [2207 - 2209] ( Article 4 enacted 1872. ) ## 2209. Every person whose message is refused or postponed, contrary to the provisions of this Chapter, is entitled to recover from the carrier his actual damages, and fifty dollars in addition thereto. (Enacted 1872.)
  182. 2210.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 5. Space Flight Liability and Immunity [2210 - 2212] ( Article 5 added by Stats. 2012, Ch. 416, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the article on space flight liability and immunity.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 5. Space Flight Liability and Immunity [2210 - 2212] ( Article 5 added by Stats. 2012, Ch. 416, Sec. 2. ) ## 2210. For purposes of this article: (a) “Participant” means a space flight participant as defined in Section 50902 of Title 51 of the United States Code. (b) “Participant injury” means a bodily injury, including death, emotional injury, or property damage, sustained by the participant. (c) “Space flight activities” means launch services or reentry services as defined in Section 50902 of Title 51 of the United States Code. (d) “Space flight entity” means any public or private entity that holds, either directly or through a corporate subsidiary or parent, a license, permit, or other authorization issued by the United States Federal Aviation Administration pursuant to the federal Commercial Space Launch Amendments Act of 2004 (51 U.S.C. Sec. 50905 et seq.), including, but not limited to, a safety approval and a payload determination. (Added by Stats. 2012, Ch. 416, Sec. 2. (AB 2243) Effective January 1, 2013.)
  183. 2211.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 5. Space Flight Liability and Immunity [2210 - 2212] ( Article 5 added by Stats. 2012, Ch. 416, Sec. 2. )

    Verify source ↗

    A space flight entity must have each participant sign a warning statement with the required notice before providing space flight activities.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 5. Space Flight Liability and Immunity [2210 - 2212] ( Article 5 added by Stats. 2012, Ch. 416, Sec. 2. ) ## 2211. (a) A space flight entity providing space flight activities to a participant shall have each participant sign a warning statement that shall contain, at a minimum, and in addition to any language required by federal law, the following notice: “WARNING AND ACKNOWLEDGMENT: I understand and acknowledge that, under California law, there is limited civil liability for bodily injury, including death, emotional injury, or property damage, sustained by a participant as a result of the inherent risks associated with space flight activities provided by a space flight entity. I have given my informed consent to participate in space flight activities after receiving a description of the inherent risks associated with space flight activities, as required by federal law pursuant to Section 50905 of Title 51 of the United States Code and Section 460.45 of Title 14 of the Code of Federal Regulations. The consent that I have given acknowledges that the inherent risks associated with space flight activities include, but are not limited to, risk of bodily injury, including death, emotional injury, and property damage. I understand and acknowledge that I am participating in space flight activities at my own risk. I have been given the opportunity to consult with an attorney before signing this statement.” (b) Failure to comply with the requirements provided in this section shall prevent a space flight entity from invoking the privileges of immunity provided by Section 2212. (c) Nothing in this section shall be construed to be contrary to the public policy of this state. (Amended by Stats. 2014, Ch. 48, Sec. 1. (SB 415) Effective January 1, 2015.)
  184. 2212.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 5. Space Flight Liability and Immunity [2210 - 2212] ( Article 5 added by Stats. 2012, Ch. 416, Sec. 2. )

    Verify source ↗

    A space flight entity is generally not liable for participant injuries from space flight activities if the participant was informed of the risks and gave informed consent, but the liability limit does not apply in listed serious-conduct exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 5. Common Carriers [[2168.] - 2212] ( Chapter 5 enacted 1872. ) ## ARTICLE 5. Space Flight Liability and Immunity [2210 - 2212] ( Article 5 added by Stats. 2012, Ch. 416, Sec. 2. ) ## 2212. (a) Except as provided in subdivision (c), a space flight entity shall not be liable for participant injury arising out of space flight activities if both of the following apply: (1) The participant has been informed of the risks associated with space flight activities as required by federal law and Section 2211. (2) The participant has given his or her informed consent that he or she is voluntarily participating in space flight activities after having been informed of the risks associated with those activities, as required by federal law and Section 2211. (b) If informed consent is given pursuant to subdivision (a), a participant, his or her representative, including the heirs, administrators, executors, assignees, next of kin, and estate of the participant, or any person who attempts to bring a claim on behalf of the participant for a participant injury, shall not be authorized to maintain an action against, or recover from, a space flight entity for a participant injury that resulted from the risks associated with space flight activities, except as provided in subdivision (c). (c) Nothing in this section shall prevent or limit the liability of a space flight entity that does any of the following: (1) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes a participant injury. (2) Intentionally causes a participant injury. (3) Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in space flight activities and the dangerous condition proximately causes injury, damage, or death to the participant. (d) Any limitation on legal liability afforded by this section to a space flight entity is in addition to any other limitations of legal liability otherwise provided by law. (e) Nothing in this section shall be construed to limit the liability of a manufacturer of a part or component used in space flight activities if a defective part or component proximately causes an injury to the participant. (Added by Stats. 2012, Ch. 416, Sec. 2. (AB 2243) Effective January 1, 2013.)
  185. 2213.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 1. Title [2213- 2213.] ( Article 1 added by Stats. 2024, Ch. 742, Sec. 1. )

    Verify source ↗

    This chapter is named the Carrier of Passengers Act of 2024 and may be cited by that name.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 1. Title [2213- 2213.] ( Article 1 added by Stats. 2024, Ch. 742, Sec. 1. ) ## 2213. This chapter shall be known, and may be cited, as the Carrier of Passengers Act of 2024. (Added by Stats. 2024, Ch. 742, Sec. 1. (AB 2780) Effective January 1, 2025.)
  186. 2214.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 2. Definitions [2214- 2214.] ( Article 2 added by Stats. 2024, Ch. 742, Sec. 1. )

    Verify source ↗

    This section defines terms used in the chapter on carriage of passengers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 2. Definitions [2214- 2214.] ( Article 2 added by Stats. 2024, Ch. 742, Sec. 1. ) ## 2214. For purposes of this chapter, the following definitions apply: (a) “Carrier of passengers” means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers. (b) “Charter-party carrier of passengers” has the same meaning as used in Section 5360 of the Public Utilities Code. (c) “Disembarkation” means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California. (d) “Embarkation” means the physical commencement of a transportation service provided by a carrier of passengers. (e) “Motor vehicle” has the same meaning as used in Section 5359 of the Public Utilities Code. (Amended by Stats. 2025, Ch. 67, Sec. 32. (AB 1170) Effective January 1, 2026.)
  187. 2215.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 3. General Provisions [2215- 2215.] ( Article 3 added by Stats. 2024, Ch. 742, Sec. 1. )

    Verify source ↗

    This section applies to certain passenger carriers and requires advance electronic notice, passenger/location disclosure, and limits sharing information with immigration authorities unless there is a court-ordered subpoena or judicial warrant.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 3. General Provisions [2215- 2215.] ( Article 3 added by Stats. 2024, Ch. 742, Sec. 1. ) ## 2215. (a) (1) This chapter applies to any carrier of passengers operating a motor vehicle who knows or reasonably should know that the motor vehicle will be transporting, from embarkation, 10 or more passengers who are likely to seek emergency shelter and other immediate services upon disembarkation. (2) For purposes of this subdivision, “likely to seek emergency shelter and other immediate services upon disembarkation” may include, but is not limited to, any of the following: (A) Temporary housing or shelter. (B) Food. (C) Clothing. (D) Medical screenings. (b) For purposes of this chapter, there is a presumption that passengers who have arrived in the United States within 30 days of embarkation are likely to seek emergency shelter and other immediate services upon disembarkation. (c) At least 24 hours before embarkation, a carrier of passengers shall provide electronic notice to a designated point of contact at the governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation. This electronic notice shall include all of the following information: (1) The anticipated date and time of arrival of passengers at the geographic location of disembarkation and the address of the geographic location. (2) The waybill or trip report, consistent with Section 5381.5 of the Public Utilities Code. (3) The number of passengers on the motor vehicle who the carrier of passengers knows or reasonably should know arrived in the United States within 30 days of embarkation, and, if the carrier of passengers has relevant information, the number of these passengers that are likely to seek emergency shelter and other immediate services upon disembarkation. (4) A description of the motor vehicle, including the color, the license plate number, and any logo or other information printed on the exterior of the motor vehicle to assist local officials in identifying the motor vehicle. (d) (1) The governing body of the city, county, or city and county with jurisdiction at the geographic location of disembarkation may designate a specific location of disembarkation within the governing body’s jurisdiction. (2) A governing body described in paragraph (1) that elects to designate a specific location of disembarkation pursuant to paragraph (1) shall post notice of that location on the governing body’s internet website. The carrier of passengers shall check the internet website before embarkation. If the location of disembarkation is not posted on the internet website, the carrier of passengers may disembark at the geographic location they specify pursuant to paragraph (1) of subdivision (c). (e) If a governing body described in paragraph (1) of subdivision (d) elects to designate a specific location of disembarkation pursuant to paragraph (1) of subdivision (d), and has provided electronic notice of that location pursuant to paragraph (2) of subdivision (d) or posted notice of that location on the governing body’s internet website pursuant to paragraph (2) of subdivision (d), disembarkation shall only occur at that location. (f) (1) The location of disembarkation, including the city and county, shall be made known to, and agreed to by, each passenger before embarkation. (2) If the passenger is a minor, then the location of disembarkation shall be made known to, and agreed to by, the minor passenger’s parent or guardian before embarkation. The notice and agreement shall be done in the passenger’s primary language. (g) A governing body shall not share, disclose, or otherwise make accessible to any immigration authority, as defined in Section 7284.4 of the Government Code, any information shared or received pursuant to any provision of this chapter without a court-ordered subpoena or judicial warrant. (Added by Stats. 2024, Ch. 742, Sec. 1. (AB 2780) Effective January 1, 2025.)
  188. 2216.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 4. Civil Action and Penalties [2216- 2216.] ( Article 4 added by Stats. 2024, Ch. 742, Sec. 1. )

    Verify source ↗

    This section lets certain parties sue a carrier of passengers for preventive relief and allows a civil penalty of up to $10,000 for each qualifying transport act that violates the chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 4. Civil Action and Penalties [2216- 2216.] ( Article 4 added by Stats. 2024, Ch. 742, Sec. 1. ) ## 2216. (a) Any of the following parties may bring a civil action seeking preventive relief, including for a permanent or temporary injunction, restraining order, or other order against the carrier of passengers, for one or more violations of this chapter: (1) The Attorney General, a district attorney, or a city attorney. (2) A passenger who was transported in violation of this chapter. (3) A homeless service provider or shelter, a health care service provider, or a nonprofit social service provider that suffered a direct violation of this chapter. (b) A carrier of passengers that violates this chapter, or whose employee violates this chapter, may be assessed a civil penalty of up to ten thousand dollars ($10,000) for each act of transporting a person that resulted in one or more violations of this chapter. (c) Article 6 (commencing with Section 5411) of Chapter 8 of the Public Utilities Code does not apply for purposes of this chapter. (d) The Attorney General, a district attorney, or a city attorney may bring the action described in subdivision (b). (e) A prevailing plaintiff shall be entitled to attorney’s fees and costs in any action brought pursuant to subdivision (a) or (b). (Added by Stats. 2024, Ch. 742, Sec. 1. (AB 2780) Effective January 1, 2025.)
  189. 2217.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 5. Applicability [2217- 2217.] ( Article 5 added by Stats. 2024, Ch. 742, Sec. 1. )

    Verify source ↗

    This chapter leaves local passenger-transport rules in place unless they conflict with the chapter, and it must be implemented only in a way that is consistent with federal law.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 5. Applicability [2217- 2217.] ( Article 5 added by Stats. 2024, Ch. 742, Sec. 1. ) ## 2217. (a) This chapter does not preempt, limit, prohibit, or otherwise affect the adoption, implementation, or enforcement of any local ordinance, code, regulation, or order related to carrier of passenger transportation services, except only to the extent that the local ordinance, code, regulation, or order is inconsistent with this chapter. Any local ordinance, code, regulation, or order is not inconsistent with this chapter if it affords greater protection to passengers than the requirements set forth in this chapter. Any local ordinance, code, regulation, or order that duplicates or supplements this chapter shall be construed as providing additional remedies to those set forth in this chapter, and shall not be construed to preempt, limit, prohibit, or otherwise affect this chapter. (b) This chapter shall only be implemented to the extent that implementation is consistent with federal law. (Added by Stats. 2024, Ch. 742, Sec. 1. (AB 2780) Effective January 1, 2025.)
  190. 2218.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 6. Severability [2218- 2218.] ( Article 6 added by Stats. 2024, Ch. 742, Sec. 1. )

    Verify source ↗

    This chapter is severable: if one part or application is invalid, the rest can still operate if it can stand on its own.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 7. CARRIAGE [2085 - 2218] ( Title 7 enacted 1872. ) ## CHAPTER 6. Carrier of Passengers Act of 2024 [2213 - 2218] ( Heading of Chapter 6 amended by Stats. 2025, Ch. 67, Sec. 31. ) ## ARTICLE 6. Severability [2218- 2218.] ( Article 6 added by Stats. 2024, Ch. 742, Sec. 1. ) ## 2218. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2024, Ch. 742, Sec. 1. (AB 2780) Effective January 1, 2025.)
  191. 2223.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 8. INVOLUNTARY TRUSTS [2223 - 2225] ( Title 8 repealed (commencing with Section 2215) and added by Stats. 1986, Ch. 820, Sec. 8. )

    Verify source ↗

    A person who wrongfully holds onto a thing is treated as an involuntary trustee of it for the owner's benefit.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 8. INVOLUNTARY TRUSTS [2223 - 2225] ( Title 8 repealed (commencing with Section 2215) and added by Stats. 1986, Ch. 820, Sec. 8. ) ## 2223. One who wrongfully detains a thing is an involuntary trustee thereof, for the benefit of the owner. (Repealed and added by Stats. 1986, Ch. 820, Sec. 8. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
  192. 2224.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 8. INVOLUNTARY TRUSTS [2223 - 2225] ( Title 8 repealed (commencing with Section 2215) and added by Stats. 1986, Ch. 820, Sec. 8. )

    Verify source ↗

    A person who acquires property through fraud, mistake, undue influence, breach of trust, or another wrongful act becomes an involuntary trustee of it unless they have a better right to it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 8. INVOLUNTARY TRUSTS [2223 - 2225] ( Title 8 repealed (commencing with Section 2215) and added by Stats. 1986, Ch. 820, Sec. 8. ) ## 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 other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it. (Repealed and added by Stats. 1986, Ch. 820, Sec. 8. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
  193. 2224.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 8. INVOLUNTARY TRUSTS [2223 - 2225] ( Title 8 repealed (commencing with Section 2215) and added by Stats. 1986, Ch. 820, Sec. 8. )

    Verify source ↗

    The Attorney General may bring an action under Section 2223 or 2224 within 10 years after the cause of action accrues.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 8. INVOLUNTARY TRUSTS [2223 - 2225] ( Title 8 repealed (commencing with Section 2215) and added by Stats. 1986, Ch. 820, Sec. 8. ) ## 2224.5. An action brought by the Attorney General pursuant to Section 2223 or 2224 may be brought at any time within 10 years after the cause of action accrued. (Added by Stats. 2015, Ch. 299, Sec. 2. (AB 556) Effective January 1, 2016.)
  194. 2225.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 8. INVOLUNTARY TRUSTS [2223 - 2225] ( Title 8 repealed (commencing with Section 2215) and added by Stats. 1986, Ch. 820, Sec. 8. )

    Verify source ↗

    This section puts proceeds and profits from certain felony-related stories or materials into an involuntary trust for beneficiaries.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 8. INVOLUNTARY TRUSTS [2223 - 2225] ( Title 8 repealed (commencing with Section 2215) and added by Stats. 1986, Ch. 820, Sec. 8. ) ## 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 committed in California, either by a court or jury trial or by entry of a plea in court. (2) “Felony” means a felony defined by any California or United States statute. (3) (A) “Representative of the felon” means any person or entity receiving proceeds or profits by designation of that felon, on behalf of that felon, or in the stead of that felon, whether by the felon’s designation or by operation of law. (B) “Profiteer of the felony” means any person who sells or transfers for profit any memorabilia or other property or thing of the felon, the value of which is enhanced by the notoriety gained from the commission of the felony for which the felon was convicted. This subparagraph shall not apply to any media entity reporting on the felon’s story or on the sale of the materials, memorabilia, or other property or thing of the felon. Nor shall it apply to the sale of the materials, as the term is defined in paragraph (6), where the seller is exercising his or her first amendment rights. This subparagraph also shall not apply to the sale or transfer by a profiteer of any other expressive work protected by the First Amendment unless the sale or transfer is primarily for a commercial or speculative purpose. (4) (A) “Beneficiary” means a person who, under applicable law, other than the provisions of this section, has or had a right to recover damages from the convicted felon for physical, mental, or emotional injury, or pecuniary loss proximately caused by the convicted felon as a result of the crime for which the felon was convicted. (B) If a beneficiary described in subparagraph (A) has died, “beneficiary” also includes a person or estate entitled to recover damages pursuant to Chapter 4 (commencing with Section 377.10) of Title 3 of Part 2 of the Code of Civil Procedure. (C) If a person has died and the death was proximately caused by the convicted felon as a result of the crime for which the felon was convicted, “beneficiary” also includes a person described in Section 377.60 of the Code of Civil Procedure and any beneficiary of a will of the decedent who had a right under that will to receive more than 25 percent of the value of the estate of the decedent. (5) “Beneficiary’s interest” means that portion of the proceeds or profits necessary to pay the following: (A) In the case of a beneficiary described in subparagraph (A) or (B) of paragraph (4), those damages that, under applicable law, other than the provisions of this section, the beneficiary has or had a right to recover from the convicted felon for injuries proximately caused by the convicted felon as a result of the crime for which the felon was convicted. (B) In the case of a beneficiary described in subparagraph (C) of paragraph (4), those damages that, under all the circumstances of the case, may be just. (C) A beneficiary’s interest shall be reduced by the following amount: (i) Money paid to the beneficiary from the Restitution Fund because of the crime for which the felon was convicted. (ii) Money paid to the beneficiary by the convicted felon because of a requirement of restitution imposed by a court in connection with the crime for which the felon was convicted. (iii) Money paid to the beneficiary because of a judgment against the convicted felon based upon the crime for which the felon was convicted. (D) In the case of an unsatisfied existing judgment or order of restitution against the convicted felon and in favor of a beneficiary, any money paid to the beneficiary pursuant to this section shall be applied to reduce the amount of the unsatisfied judgment or order. (6) “Materials” means books, magazine or newspaper articles, movies, films, videotapes, sound recordings, interviews or appearances on television and radio stations, and live presentations of any kind. (7) “Story” means a depiction, portrayal, or reenactment of a felony and shall not be taken to mean a passing mention of the felony, as in a footnote or bibliography. (8) “Sale” includes lease, license, or any other transfer or alienation taking place in California or elsewhere. (9) “Proceeds” means all fees, royalties, real property, or other consideration of any and every kind or nature received by or owing to a felon or his or her representatives for the preparation for the purpose of sale of materials, for the sale of the rights to materials, or the sale or distribution by the convicted felon of materials whether earned, accrued, or paid before or after the conviction. It includes any interest, earnings, or accretions upon proceeds, and any property received in exchange for proceeds. (10) “Profits” means all income from anything sold or transferred by the felon, a representative of the felon, or a profiteer of the felony, including any right, the value of which thing or right is enhanced by the notoriety gained from the commission of a felony for which a convicted felon was convicted. This income may have been accrued, earned, or paid before or after the conviction. However, voluntary donations or contributions to a defendant to assist in the defense of criminal charges shall not be deemed to be “profits,” provided the donation or contribution to that defense is not given in exchange for some material of value. (b) (1) All proceeds from the preparation for the purpose of sale, the sale of the rights to, or the sale of materials that include or are based on the story of a felony for which a convicted felon was convicted, shall be subject to an involuntary trust for the benefit of the beneficiaries set forth in this section. That trust shall continue until five years after the time of payment of the proceeds to the felon or five years after the date of conviction, whichever is later. If an action is filed by a beneficiary to recover his or her interest in a trust within those time limitations, the trust character of the property shall continue until the conclusion of the action. At the end of the five-year trust period, any proceeds that remain in trust that have not been claimed by a beneficiary shall be transferred to the Controller, to be allocated to the Restitution Fund for the payment of claims pursuant to Section 13969 of the Government Code. (2) All profits shall be subject to an involuntary trust for the benefit of the beneficiaries set forth in this section. That trust shall continue until five years after the time of payment of the profits to the felon or five years after the date of conviction, whichever is later. If an action is filed by a beneficiary to recover his or her interest in a trust within those time limitations, the trust character of the property shall continue until the conclusion of the action. At the end of the five-year trust period, any profits that remain in trust that have not been claimed by a beneficiary shall be transferred to the Controller, to be allocated to the Restitution Fund for the payment of claims pursuant to Section 13969 of the Government Code. (3) Notwithstanding paragraph (2), in the case of a sale or transfer by a profiteer of the felony, the court in an action under subdivision (c) shall, upon an adequate showing by the profiteer of the felony, exclude from the involuntary trust that portion of the profits that represents the inherent value of the memorabilia, property, or thing sold or transferred and exclusive of the amount of the enhancement to the value due to the notoriety of the convicted felon. (c) (1) Any beneficiary may bring an action against a convicted felon, representative of the felon, or a profiteer of a felony to recover his or her interest in the trust established by this section. (2) That action may be brought in the superior court of the county in which the beneficiary resides, or of the county in which the convicted felon resides, or of the county in which proceeds or profits are located. (3) If the court determines that a beneficiary is entitled to proceeds or profits pursuant to this section, the court shall order the payment from proceeds or profits that have been received, and, if that is insufficient, from proceeds or profits that may be received in the future. (d) If there are two or more beneficiaries and if the available proceeds or profits are insufficient to pay all beneficiaries, the proceeds or profits shall be equitably apportioned among the beneficiaries taking into account the impact of the crime upon them. Prior to any distribution of any proceeds to a beneficiary, the court shall determine whether the convicted felon has failed to pay any portion of a restitution fine or penalty fine imposed by a court, or any restitution imposed as a condition of probation. The court shall also determine whether the felon is obligated to reimburse a governmental entity for the costs of his or her defense and whether a portion of the proceeds is needed to cover his or her reasonable attorney’s fees incurred in the criminal proceeding related to the felony, or any appeal or other related proceeding, or in the defense of the action brought under this section. The court shall order payment of these obligations prior to any payment to a beneficiary, except that 60 percent of the proceeds or profits shall be reserved for payment to the beneficiaries. (e) (1) The Attorney General may bring an action to require proceeds or profits received by a convicted felon to be held in an express trust in a bank authorized to act as a trustee. (2) An action may be brought under this subdivision within one year after the receipt of proceeds or profits by a convicted felon or one year after the date of conviction, whichever is later. That action may be brought in the superior court of any county in which the Attorney General has an office. (3) If the Attorney General proves that the proceeds or profits are proceeds or profits from the sale of a story or thing of value that are subject to an involuntary trust pursuant to this section, and that it is more probable than not that there are beneficiaries within the meaning of this section, the court shall order that all proceeds or profits be deposited in a bank and held by the bank as trustee of the trust until an order of disposition is made by a court pursuant to subdivision (d), or until the expiration of the period specified in subdivision (b). (4) If the Attorney General prevails in an action under this subdivision, the court shall order the payment from the proceeds or profits to the Attorney General of reasonable costs and attorney’s fees. (f) (1) In any action brought pursuant to this section, upon motion of a party the court shall grant a preliminary injunction to prevent any waste of proceeds or profits if it appears that the proceeds or profits are subject to the provisions of this section, and that they may be subject to waste. (2) Upon motion of the Attorney General or any potential beneficiary, the court shall grant a preliminary injunction against a person against whom an indictment or information for a felony has been filed in superior court to prevent any waste of proceeds or profits if there is probable cause to believe that the proceeds or profits would be subject to an involuntary trust pursuant to this section upon conviction of this person, and that they may be subject to waste. (g) Any violation of an order of a court made pursuant to this section shall be punishable as contempt. (h) The remedies provided by this section are in addition to other remedies provided by law. No period of limitations, except those provided by this section, shall limit the right of recovery under this section. (Amended by Stats. 2000, Ch. 261, Sec. 2. Effective January 1, 2001.)
  195. 2295.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. )

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    An agent is a person who represents another person, called the principal, in dealings with third persons.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. ) ## 2295. An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency. (Enacted 1872.)
  196. 2296.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. )

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    A person who can contract may appoint an agent, and any person may serve as an agent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. ) ## 2296. Any person having capacity to contract may appoint an agent, and any person may be an agent. (Enacted 1872.)
  197. 2297.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. )

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    A person acting for a particular act or transaction is a special agent; everyone else is a general agent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. ) ## 2297. An agent for a particular act or transaction is called a special agent. All others are general agents. (Enacted 1872.)
  198. 2298.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. )

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    This provision defines agency as either actual or ostensible.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. ) ## 2298. An agency is either actual or ostensible. (Enacted 1872.)
  199. 2299.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. )

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    An agency is actual when the agent is really employed by the principal.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. ) ## 2299. An agency is actual when the agent is really employed by the principal. (Enacted 1872.)
  200. 2300.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. )

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    An agency is ostensible when a principal, intentionally or through lack of ordinary care, causes a third person to think someone is the principal’s agent even though that person is not actually employed as an agent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 9. AGENCY [2295 - 2400] ( Title 9 enacted 1872. ) ## CHAPTER 1. Agency in General [2295 - 2357] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Definition of Agency [2295 - 2300] ( Article 1 enacted 1872. ) ## 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 is not really employed by him. (Enacted 1872.)

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