Civil Code — Part 13 | CIV — United States — California law | Esheria

Civil Code

Part 13 of 20 · provisions 2,401–2,600

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. 3073.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.5. Liens on Vehicles [3067 - 3074] ( Chapter 6.5 added by Stats. 1959, Ch. 3. )

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    After a vehicle lien sale, sale proceeds must first pay the lien and processing costs, then any balance goes to the DMV, and eligible claimants may seek payment from that balance.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.5. Liens on Vehicles [3067 - 3074] ( Chapter 6.5 added by Stats. 1959, Ch. 3. ) ## 3073. The proceeds of a vehicle lien sale under this article shall be disposed of as follows: (a) The amount necessary to discharge the lien and the cost of processing the vehicle shall be paid to the lienholder. The cost of processing shall not exceed seventy dollars ($70) for each vehicle valued at four thousand dollars ($4,000) or less, or one hundred dollars ($100) for each vehicle valued over four thousand dollars ($4,000). (b) The balance, if any, shall be forwarded to the Department of Motor Vehicles within 15 days of any sale conducted pursuant to Section 3071 or within five days of any sale conducted pursuant to Section 3072 and deposited in the Motor Vehicle Account in the State Transportation Fund, unless federal law requires these funds to be disposed in a different manner. (c) Any person claiming an interest in the vehicle may file a claim with the Department of Motor Vehicles for any portion of the funds from the lien sale that were forwarded to the department pursuant to subdivision (b). Upon a determination of the Department of Motor Vehicles that the claimant is entitled to an amount from the balance deposited with the department, the department shall pay that amount determined by the department, which amount shall not exceed the amount forwarded to the department pursuant to subdivision (b) in connection with the sale of the vehicle in which the claimant claims an interest. The department shall not honor any claim unless the claim has been filed within three years of the date the funds were deposited in the Motor Vehicle Account. (Amended by Stats. 1998, Ch. 203, Sec. 4. Effective January 1, 1999.)
  2. 3074.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.5. Liens on Vehicles [3067 - 3074] ( Chapter 6.5 added by Stats. 1959, Ch. 3. )

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    A lienholder may charge a lien sale preparation fee, subject to dollar caps and timing limits.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.5. Liens on Vehicles [3067 - 3074] ( Chapter 6.5 added by Stats. 1959, Ch. 3. ) ## 3074. The lienholder may charge a fee for lien sale preparations not to exceed seventy dollars ($70) in the case of a vehicle having a value determined to be four thousand dollars ($4,000) or less and not to exceed one hundred dollars ($100) in the case of a vehicle having a value determined to be greater than four thousand dollars ($4,000), from any person who redeems the vehicle prior to disposal or is paid through a lien sale pursuant to this chapter. These charges may commence and become part of the possessory lien when the lienholder requests the names and addresses of all persons having an interest in the vehicle from the Department of Motor Vehicles. Not more than 50 percent of the allowable fee may be charged until the lien sale notifications are mailed to all interested parties and the lienholder or registration service agent has possession of the required lien processing documents. This charge shall not be made in the case of any vehicle redeemed prior to 72 hours from the initial storage. (Amended by Stats. 1998, Ch. 203, Sec. 5. Effective January 1, 1999.)
  3. 3080.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    This section defines “livestock,” “livestock servicer,” and “livestock services” for 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080. As used in this chapter, the following definitions shall apply: (a) “Livestock” means any cattle, sheep, swine, goat, or horse, mule, or other equine. (b) “Livestock servicer” means any individual, corporation, partnership, joint venture, cooperative, association or any other organization or entity which provides livestock services. (c) “Livestock services” means any and all grazing, feeding, boarding, general care, which includes animal health services, obtained or provided by the livestock servicer, or his employee, transportation or other services rendered by a person to livestock for the owner of livestock, or for any person acting by or under the owner’s authority. (Added by Stats. 1979, Ch. 600.)
  4. 3080.01.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    A livestock servicer has a general lien on livestock in its possession to secure the owner’s obligations.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.01. A livestock servicer shall have a general lien upon the livestock in its possession to secure the performance of all obligations of the owner of the livestock to the livestock servicer for both of the following: (a) The provision of livestock services to the livestock in possession of the livestock servicer. (b) The provision of livestock services to other livestock for which livestock services were provided in connection with or as part of the same livestock service transaction, if such livestock services were provided within the immediately preceding 12 months prior to the date upon which the lien arose. The lien shall have priority over all other liens upon and security interests in the livestock, shall arise as the charges for livestock services become due, and shall be dependent upon possession. The lien shall secure the owner’s contractual obligations to the lienholder for the provision of livestock services, the lienholder’s reasonable charges for the provision of livestock services after the lien has arisen as set forth in Section 3080.02, and the lienholder’s costs of lien enforcement, including attorney’s fees. (Added by Stats. 1979, Ch. 600.)
  5. 3080.02.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    A lienholder may keep livestock, charge the owner for reasonable livestock-service costs, sell the livestock in specified cases, and sue on the claim.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.02. In addition to any other rights and remedies provided by law, a lienholder may: (a) Retain possession of the livestock and charge the owner for the reasonable value of providing livestock services to the livestock until the owner’s obligations secured by the lien have been satisfied. (b) Proceed to sell all or any portion of the livestock pursuant to Section 3080.16 if: (1) A judicial order authorizing sale has been entered pursuant to Section 3080.06; (2) A judgment authorizing sale has been entered in favor of the lienholder on the claim which gives rise to the lien; or (3) The owner of the livestock has released, after the lien has arisen, its interest in the livestock in the form prescribed by Section 3080.20. (c) A lienholder may commence a legal action on its claim against the owner of the livestock or any other person indebted to the lienholder for services to the livestock and reduce the claim to judgment. When the lienholder has reduced the claim to judgment, any lien or levy or other form of enforcement which may be made upon the livestock by virtue of any execution based upon the judgment shall relate back to the attachment of and have the same priority as the livestock service lien. The lienholder may purchase at a judicial sale held pursuant to the execution on the judgment and thereafter hold the livestock free of any liens upon or security interests in the livestock. (Added by Stats. 1979, Ch. 600.)
  6. 3080.03.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    A lienholder may ask the court to authorize the sale of livestock before judgment, but the application must include specified statements and the defendant must usually get notice at least 10 days before the hearing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.03. Upon the filing of the complaint, or at any time thereafter prior to judgment, the lienholder may apply to the court in which the action was commenced for an order authorizing sale of livestock. (a) The application shall include all of the following: (1) A statement showing that the sale is sought pursuant to this chapter to enforce a livestock service lien; (2) A statement of the amount the lienholder seeks to recover from the defendant and the date that amount became due; (3) A statement setting forth the reasons why a sale should be held prior to judgment; (4) A description of the livestock to be sold and an estimate of the fair market value thereof; and (5) A statement of the manner in which the lienholder intends to sell the livestock. The statement shall include, but not be limited to, whether the sale will be public or private, the amount of proceeds expected from the sale, and, why the sale, if authorized, would conform to the standard of commercial reasonableness set forth in Section 3080.16. (b) The application shall be supported by an affidavit or affidavits showing that on the facts presented therein the lienholder would be entitled to a judgment on the claim upon which the action is brought. (c) A hearing shall be held in the court in which the lienholder has brought the action before an order authorizing sale is issued under this chapter. Except as provided in Section 3080.15, or as ordered by the court upon good cause shown, the defendant shall be served with a copy of all of the following at least 10 days prior to the date set for hearing: (1) A summons and complaint; (2) A notice of application and hearing; and (3) An application and all affidavits filed in support thereof. (Added by Stats. 1979, Ch. 600.)
  7. 3080.04.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    The notice must tell the defendant about the hearing and related rights and deadlines; the defendant may oppose the order by filing and serving opposition papers in time, and the lienholder may sell the livestock only if a sale order is issued.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.04. The notice of application and hearing shall inform the defendant of all of the following: (a) The date, time and place of the hearing on the application; (b) That the order will issue if the court finds, after hearing, that the lienholder has established the probable validity of the claim and has satisfied the other requirements set forth in this chapter; (c) The hearing is not held for the purpose of determining the actual validity of the claim which determination will be made in other proceedings in the action and will not be affected by the findings made at the hearing on the application for the order; (d) If the order authorizing sale is issued, the lienholder may proceed to sell the livestock in the manner set forth in the order, and the sale proceeds will be deposited with the court pending judgment on the lienholder’s claim; (e) If the defendant desires to oppose the issuance of the order, the defendant must file with the court and serve on the lienholder a notice of opposition and supporting affidavit as required by Section 3080.05 no later than three days prior to the date set for hearing; (f) At the hearing, the court may deny the lienholder’s application if the defendant files an undertaking as set forth in Section 3080.11; and (g) The notice shall contain the following statement: “You may seek the advice of an attorney as to any matters concerning the lienholder’s complaint and application. If an attorney is to assist you, he or she should be consulted promptly. You or your attorney or both of you may be present at the hearing.” (Added by Stats. 1979, Ch. 600.)
  8. 3080.05.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    A defendant who wants to oppose an order authorizing sale must file and serve a notice of opposition on the lienholder at least three days before the hearing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.05. (a) If a defendant desires to oppose the issuance of an order authorizing sale the defendant shall file and serve upon the lienholder a notice of opposition no later than three days prior to the date set for hearing. The notice shall: (1) State the grounds upon which the defendant opposes the order; (2) Be accompanied by an affidavit or affidavits supporting any factual issues raised; (3) State whether the defendant is prepared to file an undertaking as provided in Section 3080.11; and (4) If the defendant is prepared to file an undertaking, include an estimate of the amount of such undertaking as set forth in Section 3080.09 and the defendant’s basis for the estimate. (b) Except when the lienholder has made an ex parte application for an order as set forth in Section 3080.15, or for good cause shown, a defendant shall not be permitted to oppose the issuance of an order if it has failed to file a notice of opposition within the time prescribed. (Added by Stats. 1979, Ch. 600.)
  9. 3080.06.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    The court must authorize sale of livestock if it makes specified findings, and the sale order must identify the livestock, state how the sale will be handled, and usually direct the lienholder to deposit proceeds with the court.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.06. (a) At the hearing, the court shall consider the showing made by the parties and shall issue an order authorizing the sale of the livestock if it finds all of the following: (1) The claim upon which the lienholder’s action is based is a claim giving rise to a lien upon which an order authorizing sale may be issued under this chapter; (2) The lienholder has established the probable validity of the claim upon which the action is based; (3) The lienholder has established the probable validity of the lien sought to be enforced by sale; (4) The sale is necessary to prevent a possible decline in the value or condition of the livestock or that the sale should be held in the interest of equity; (5) The sale is not sought for a purpose other than the recovery on the claim upon which the lien is based; and (6) The sale, if conducted in the manner set forth in the application, would be conducted in a commercially reasonable manner. (b) The order authorizing sale shall: (1) Identify the livestock for which sale is authorized; (2) Specify the manner of sale including the date, time, place, necessary publication or other notice; and (3) Except as may be ordered pursuant to subdivision (c), direct the lienholder to deposit the proceeds of sale with the clerk of the court pending final judgment in the action. (c) The court may in its discretion do either of the following: (1) Authorize the lienholder to deduct and retain funds from the sale proceeds in an amount sufficient to compensate the lienholder for services provided to the livestock from the date that the lien arose until the date of sale. (2) Determine the amount of sale proceeds reasonably necessary to satisfy the indebtedness secured by the livestock service lien and order any portion or all of the remaining sale proceeds distributed and applied as set forth in paragraph (3) of subdivision (c) of Section 3080.16. The balance of sale proceeds, if any, remaining after any deductions authorized in this section shall be deposited with the clerk of the court pursuant to this section. (Added by Stats. 1979, Ch. 600.)
  10. 3080.07.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    After a hearing, the court may deny the lienholder’s application if a sale is not needed before judgment and the defendant has filed an undertaking. If the defendant has filed that undertaking, the lienholder must assemble the livestock and make it available to the defendant or the defendant’s agent at the specified date, 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.07. (a) After hearing, the court may issue an order denying the lienholder’s application if it finds that: (1) A sale is not necessary prior to judgment; and (2) The defendant has filed an undertaking pursuant to Section 3080.11. (b) If the defendant has filed an undertaking pursuant to Section 3080.11, the order shall direct the lienholder to assemble and make the livestock available to defendant, or to defendant’s agent, at a specified date, time and place. (Added by Stats. 1979, Ch. 600.)
  11. 3080.08.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    This section limits what the court may use and do at the hearing, and it preserves the defendant’s trial rights despite not opposing sale or not rebutting evidence at the hearing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.08. (a) The court’s findings at the hearing shall be made upon the basis of the pleadings and other papers in the record. Upon cause shown, the court may receive and consider additional oral or documentary evidence or points and authorities at the hearing, or it may continue the hearing to allow the production of such additional evidence or points and authorities. (b) The court’s findings at the hearing shall have no effect on the determination of any issues in the action other than issues relevant to the proceedings authorized by this chapter, nor shall they affect the rights of the defendant in any other action arising out of the same claim. The court’s determinations at the hearing shall neither be admissible as evidence nor referred to at the trial of any such action. (c) Neither the failure of the defendant to oppose the issuance of an order authorizing sale, nor the defendant’s failure to rebut any evidence produced by the lienholder at the hearing held for the issuance of such order, shall constitute a waiver of any defense to the lienholder’s claim in the action or in any other action or have any effect on the right of the defendant to produce or exclude evidence at the trial of such action. (Added by Stats. 1979, Ch. 600.)
  12. 3080.09.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    The owner of livestock may ask the court for substitution of an undertaking after certain lien or possession actions begin, and the application must be sworn, usually by noticed motion, with required supporting details.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.09. (a) At any time after the lienholder has filed a complaint and claimed a lien under this chapter, or at any time after the owner of the livestock has commenced an action to recover possession of the livestock, the owner of the livestock may apply to the court in which the action was brought for an order for substitution of an undertaking which meets the requirements of Section 3080.11 for the livestock held by the lienholder. (b) The application for such order shall be executed under oath and, unless included within a notice of opposition to sale as set forth in Section 3080.05, or except for good cause shown, shall be made upon noticed motion. Unless the parties otherwise agree, a hearing shall be held on the motion not less than five nor more than 10 days after service of notice of motion. The application shall contain all of the following: (1) A description of the livestock to be recovered; (2) An estimate and the basis for the estimate of the fair market value of the livestock; (3) A statement identifying and describing the sureties for the undertaking. (Added by Stats. 1979, Ch. 600.)
  13. 3080.10.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    After a hearing, the court may order livestock released to the owner or the owner’s agent, if the owner files an undertaking.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.10. After hearing, the court may enter an order directing the lienholder to release all or a portion of the livestock to the owner, or to the owner’s agent. The order shall be conditioned upon the filing by the owner of an undertaking as set forth in Section 3080.11, and shall include all of the following: (1) The amount of the undertaking required. (2) The basis for the court’s finding as to the fair market value of the livestock. (3) A statement that the lienholder has the right to object to the undertaking pursuant to Section 995.910 of the Code of Civil Procedure. (4) A description of the livestock to be substituted. (5) A statement of the date, time, place and manner in which the lienholder is to turn over the livestock to the owner. (Amended by Stats. 1982, Ch. 517, Sec. 77.)
  14. 3080.11.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    An owner substituting an undertaking for livestock must pay the lienholder an amount equal to the livestock’s fair market value plus the lienholder’s assembly and turnover costs.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.11. The undertaking to be substituted for livestock shall be by the owner to pay to the lienholder an amount equal to the sum of (1) the fair market value of the livestock sought to be recovered, and (2) the costs to be incurred by the lienholder in order to assemble and turn over the livestock. (Amended by Stats. 1982, Ch. 517, Sec. 78.)
  15. 3080.15.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    The court may issue certain livestock sale or substitution orders only after reviewing the application and supporting papers and only if the statutory injury findings 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.15. (a) Except as otherwise provided by statute, or upon noticed hearing as provided in this chapter, no order authorizing sale or order for substitution of undertaking for livestock may issue unless it appears from facts shown by affidavit that great or irreparable injury would result to the party seeking the order if the issuance of the order were delayed until the matter could be heard upon noticed hearing. (b) In addition to a specific statement of the facts showing great or irreparable injury, any application made under this section for either an order authorizing sale or an order substituting undertaking for livestock shall include the substantive requirements of an application made under Section 3080.03 or Section 3080.09, respectively. (c) The court shall examine the ex parte application, supporting affidavits and other papers on record and may issue the order sought if it finds all of the following: (1) The party seeking the order is entitled to the order under the substantive provisions of this chapter; (2) The party seeking the order will suffer great and irreparable injury if the order is not issued; and (3) If the ex parte application is made for an order authorizing sale, the court determines that the condition of the livestock will greatly deteriorate or the value of the livestock will greatly depreciate before an order authorizing sale could be obtained pursuant to noticed hearing. (d) An order issued under this section shall contain such provisions as the court determines to be in the interests of justice and equity to the parties, taking into account the effects on all parties under the circumstances of the particular case. If an order authorizing sale issues under this section, the court may authorize the lienholder to take any action necessary to preserve the value of the livestock so long as the court has determined that such action would be commercially reasonable under the circumstances. (e) Upon ex parte application of any party affected by an order issued under this section or, if the court so orders, after a noticed hearing, the court may modify or vacate the order if it determines that such action would be proper under the circumstances. (Added by Stats. 1979, Ch. 600.)
  16. 3080.16.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    This section allows livestock covered by a lien to be sold in commercially reasonable ways, and requires sale proceeds to be deposited and then distributed in a set order unless a court order, judgment, or agreement 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.16. (a) Except as otherwise specified by the order authorizing sale or as agreed to by the parties after the lien has arisen, a sale of livestock under this chapter may be held in bulk or in parcels, at wholesale or retail, and at any time and place and on any terms, provided the lienholder acts in good faith and in a commercially reasonable manner. The livestock may be sold in its existing condition or following any commercially reasonable preparation or processing. The fact that a better price could have been obtained by a sale at a different time or in a different manner from that selected by the lienholder is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the lienholder either sells the livestock in the usual manner in any recognized market therefor or sells at the price current in such market at the time of the sale or, if it has otherwise sold in conformity with reasonable commercial sales practices for the type of livestock sold, it has sold in a commercially reasonable manner. (b) Except as otherwise specified by order of the court, or as agreed to by all interested parties after the lien has arisen, the proceeds of sale shall be deposited with the clerk of the court in an interest-bearing account to abide the judgment in the action. (c) Except as otherwise specified in the judgment in the action, the proceeds of sale shall be applied in the following order: (1) For reasonable expenses incurred by the lienholder in enforcing the lien, including, but not limited to, the charges for livestock services from the date the lien arose to the date of sale; the costs of transporting and preparing the livestock for sale and of conducting the sale; and, the reasonable attorneys’ fees and legal costs and expenses incurred by the lienholder; (2) For satisfaction of the contractual indebtedness secured by the lien; and (3) For satisfaction of indebtedness secured by any subordinate lien or security interest in the livestock if written notification or demand therefor is received by the court or the lienholder before the proceeds have been distributed. If requested by the lienholder, the holder of a subordinate lien or security interest must seasonably furnish reasonable proof to the court of its subordinate interest before the lienholder need comply with the demand. (d) The lienholder must account to the owner of the livestock for any surplus and, unless otherwise provided in the judgment in the action, the owner shall be liable for any deficiency. (Added by Stats. 1979, Ch. 600.)
  17. 3080.17.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    Sale notice for livestock lien sales must be given in writing at least five days before sale, with extra newspaper publication for public sales or posting if no qualifying newspaper exists.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.17. Except as otherwise agreed or specified by order of court, notice of sale shall be given as follows: (a) A notice in writing of the date, time and place of sale shall be delivered personally or be deposited in the United States mail, postage prepaid, addressed to the owner of the livestock, at his last known address, and to any other person claiming a lien upon or security interest in the livestock, who had on file with the California Secretary of State on the date the lien arose a financing statement covering the livestock for which livestock services secured by the lien were provided at least five days before the date fixed for any public sale or before the day on or after which any private sale or other disposition is to be made. (b) Notice of the time and place of a public sale shall also be given at least five days before the date of sale by publication once in a newspaper of general circulation published in the county in which the sale is to be held. If there is no such newspaper, notice shall be given by posting, for five days prior to sale, a notice of sale where the sale is to be conducted. (Added by Stats. 1979, Ch. 600.)
  18. 3080.18.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    A sale covered by this chapter is a public sale, and the lienholder may buy livestock at that public 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.18. (a) Any sale of which notice is delivered or mailed and published as provided in this chapter and which is held as provided in this chapter is a public sale. (b) Any public sale may be postponed from time to time by public announcement at the time and place last scheduled for sale. (c) The lienholder may purchase the livestock at a public sale. (Added by Stats. 1979, Ch. 600.)
  19. 3080.19.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    A livestock sale under this chapter transfers the seller’s rights to a value-paying purchaser and clears the sale lien and any subordinate liens or security interests.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.19. (a) A sale of livestock held pursuant to this chapter shall: (1) Transfer to a purchaser for value all of the owner’s rights in the livestock; and (2) Discharge the lien under which the sale is made and any lien or security interest subordinate thereto. (b) The purchaser shall take free of all such subordinate rights and interests even though the lienholder fails to comply with the requirements of this chapter or of any judicial proceeding if: (1) In the case of a public sale, the purchaser has no knowledge of any defects in the sale and does not buy in collusion with the lienholder, other bidders or the person conducting the sale; or (2) In any other case, the purchaser acts in good faith. (Added by Stats. 1979, Ch. 600.)
  20. 3080.20.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    The owner of livestock, or another person claiming an interest in it, may release that interest after the lien has arisen.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.20. (a) The owner of livestock or any other person claiming an interest in livestock may release its interest in the livestock at any time after the lien has arisen. The release shall be in writing and dated when signed. A copy of the release shall be given to the person releasing the interest at the time the release is signed. (b) The release shall contain all of the following information in simple, nontechnical language: (1) A description of the livestock covered by the release and the releasing party’s interest in the livestock; (2) A statement of the amount of the lien to which the livestock is subject; (3) A statement that the releasing party has a legal right to a hearing in court prior to any sale of the livestock to satisfy the lien; (4) A statement by the releasing party that it is giving the lienholder permission to sell the livestock; (5) A statement of the extent to which the releasing party gives up any interest it may have in the livestock or in the sale proceeds of the livestock; and, (6) To the extent that the release is not given in full satisfaction of the lienholder’s claim or claims against the releasing party, a statement by the releasing party that it is aware that the lienholder may still have a claim against it after the release has been executed. (Added by Stats. 1979, Ch. 600.)
  21. 3080.21.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    A lienholder may propose to keep livestock instead of selling it, but if written objection is received within 21 days after notice is sent, the lienholder must sell the livestock and account for the proceeds.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.21. At any time after a lien has arisen, the lienholder may propose to retain any portion or all of the livestock in satisfaction of any portion or all of the claim against the owner or other person indebted to the lienholder for livestock services. The proposal shall be made in writing to the owner and written notice thereof shall be given to any person entitled to receive notice under subdivision (a) of Section 3080.17. If, within 21 days after the notice was sent, the lienholder receives objection in writing from a person entitled to receive notification, the lienholder must proceed to sell the livestock and account for the proceeds pursuant to this chapter. In the absence of such written objection, the lienholder may retain the livestock, or so much thereof as proposed, in satisfaction of all or a portion of the claim against the owner and other person indebted to the lienholder for livestock services, upon the owner’s and such other person’s execution of a release conforming to Section 3080.20. (Added by Stats. 1979, Ch. 600.)
  22. 3080.22.

    ## 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. )

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    A livestock service lien may be assigned in writing with delivery of the livestock subject to the lien, and the assignee may exercise a lienholder’s rights.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 6.7. Livestock Service Lien [3080 - 3080.22] ( Chapter 6.7 added by Stats. 1979, Ch. 600. ) ## 3080.22. Any lien provided for in this chapter may be assigned by written instrument accompanied by delivery of possession of the livestock, subject to the lien, and the assignee may exercise the rights of a lienholder as provided in this chapter. Any lienholder assigning a lien as authorized herein shall at the time of assigning the lien give written notice of the assignment either by personal delivery or by registered or certified mail, to the legal owner and any other person entitled to receive notice under subdivision (a) of Section 3080.17, including the name and address of the person to whom the lien has been assigned. (Added by Stats. 1979, Ch. 600.)
  23. 3081.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 7. Stoppage in Transit [3081- 3081.] ( Chapter 7 enacted 1872. )

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    A corporation that rents safe deposit boxes to the public may dispose of unclaimed contents under the procedure in the Financial 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 14. LIEN [2872 - 3081] ( Title 14 enacted 1872. ) ## CHAPTER 7. Stoppage in Transit [3081- 3081.] ( Chapter 7 enacted 1872. ) ## 3081. Any corporation engaged in the business of renting to the public safe deposit boxes may dispose of the unclaimed contents of the safe deposit boxes in the manner set forth in Sections 1660 to 1679, inclusive, of the Financial Code. (Amended by Stats. 1968, Ch. 48.)
  24. 3100.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. )

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    This section defines key Internet neutrality terms used in the title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. ) ## 3100. For purposes of this title, the following definitions apply: (a) “Application-agnostic” means not differentiating on the basis of source, destination, Internet content, application, service, or device, or class of Internet content, application, service, or device. (b) “Broadband Internet access service” means a mass-market retail service by wire or radio provided to customers in California that provides the capability to transmit data to, and receive data from, all or substantially all Internet endpoints, including, but not limited to, any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. “Broadband Internet access service” also encompasses any service provided to customers in California that provides a functional equivalent of that service or that is used to evade the protections set forth in this title. (c) “Class of Internet content, application, service, or device” means Internet content, or a group of Internet applications, services, or devices, sharing a common characteristic, including, but not limited to, sharing the same source or destination, belonging to the same type of content, application, service, or device, using the same application- or transport-layer protocol, or having similar technical characteristics, including, but not limited to, the size, sequencing, or timing of packets, or sensitivity to delay. (d) “Content, applications, or services” means all Internet traffic transmitted to or from end users of a broadband Internet access service, including, but not limited to, traffic that may not fit clearly into any of these categories. (e) “Edge provider” means any individual or entity that provides any content, application, or service over the Internet, and any individual or entity that provides a device used for accessing any content, application, or service over the Internet. (f) “End user” means any individual or entity that uses a broadband Internet access service. (g) “Enterprise service offering” means an offering to larger organizations through customized or individually negotiated arrangements or special access services. (h) “Fixed broadband Internet access service” means a broadband Internet access service that serves end users primarily at fixed endpoints using stationary equipment. Fixed broadband Internet access service includes, but is not limited to, fixed wireless services including, but not limited to, fixed unlicensed wireless services, and fixed satellite services. (i) “Fixed Internet service provider” means a business that provides fixed broadband Internet access service to an individual, corporation, government, or other customer in California. (j) “Impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device” means impairing or degrading any of the following: (1) particular content, applications, or services; (2) particular classes of content, applications, or services; (3) lawful Internet traffic to particular nonharmful devices; or (4) lawful Internet traffic to particular classes of nonharmful devices. The term includes, without limitation, differentiating, positively or negatively, between any of the following: (1) particular content, applications, or services; (2) particular classes of content, applications, or services; (3) lawful Internet traffic to particular nonharmful devices; or (4) lawful Internet traffic to particular classes of nonharmful devices. (k) “Internet service provider” means a business that provides broadband Internet access service to an individual, corporation, government, or other customer in California. (l) “ISP traffic exchange” means the exchange of Internet traffic destined for, or originating from, an Internet service provider’s end users between the Internet service provider’s network and another individual or entity, including, but not limited to, an edge provider, content delivery network, or other network operator. (m) “ISP traffic exchange agreement” means an agreement between an Internet service provider and another individual or entity, including, but not limited to, an edge provider, content delivery network, or other network operator, to exchange Internet traffic destined for, or originating from, an Internet service provider’s end users between the Internet service provider’s network and the other individual or entity. (n) “Mass market” service means a service marketed and sold on a standardized basis to residential customers, small businesses, and other customers, including, but not limited to, schools, institutions of higher learning, and libraries. “Mass market” services also include broadband Internet access services purchased with support of the E-rate and Rural Health Care programs and similar programs at the federal and state level, regardless of whether they are customized or individually negotiated, as well as any broadband Internet access service offered using networks supported by the Connect America Fund or similar programs at the federal and state level. “Mass market” service does not include enterprise service offerings. (o) “Mobile broadband Internet access service” means a broadband Internet access service that serves end users primarily using mobile stations. Mobile broadband Internet access service includes, but is not limited to, broadband Internet access services that use smartphones or mobile-network-enabled tablets as the primary endpoints for connection to the Internet, as well as mobile satellite broadband services. (p) “Mobile Internet service provider” means a business that provides mobile broadband Internet access service to an individual, corporation, government, or other customer in California. (q) “Mobile station” means a radio communication station capable of being moved and which ordinarily does move. (r) “Paid prioritization” means the management of an Internet service provider’s network to directly or indirectly favor some traffic over other traffic, including, but not limited to, through the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either (1) in exchange for consideration, monetary or otherwise, from a third party, or (2) to benefit an affiliated entity. (s) “Reasonable network management” means a network management practice that is reasonable. A network management practice is a practice that has a primarily technical network management justification, but does not include other business practices. A network management practice is reasonable if it is primarily used for, and tailored to, achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service, and is as application-agnostic as possible. (t) “Zero-rating” means exempting some Internet traffic from a customer’s data usage allowance. (Added by Stats. 2018, Ch. 976, Sec. 2. (SB 822) Effective January 1, 2019.)
  25. 3101.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. )

    Verify source ↗

    Fixed and mobile Internet service providers must not block, throttle, prioritize for payment, or otherwise evade the listed internet neutrality rules when providing broadband access service.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. ) ## 3101. (a) It shall be unlawful for a fixed Internet service provider, insofar as the provider is engaged in providing fixed broadband Internet access service, to engage in any of the following activities: (1) Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management. (2) Impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management. (3) Requiring consideration, monetary or otherwise, from an edge provider, including, but not limited to, in exchange for any of the following: (A) Delivering Internet traffic to, and carrying Internet traffic from, the Internet service provider’s end users. (B) Avoiding having the edge provider’s content, application, service, or nonharmful device blocked from reaching the Internet service provider’s end users. (C) Avoiding having the edge provider’s content, application, service, or nonharmful device impaired or degraded. (4) Engaging in paid prioritization. (5) Engaging in zero-rating in exchange for consideration, monetary or otherwise, from a third party. (6) Zero-rating some Internet content, applications, services, or devices in a category of Internet content, applications, services, or devices, but not the entire category. (7) (A) Unreasonably interfering with, or unreasonably disadvantaging, either an end user’s ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of the end user’s choice, or an edge provider’s ability to make lawful content, applications, services, or devices available to end users. Reasonable network management shall not be a violation of this paragraph. (B) Zero-rating Internet traffic in application-agnostic ways shall not be a violation of subparagraph (A) provided that no consideration, monetary or otherwise, is provided by any third party in exchange for the Internet service provider’s decision whether to zero-rate traffic. (8) Failing to publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of those services and for content, application, service, and device providers to develop, market, and maintain Internet offerings. (9) Engaging in practices, including, but not limited to, agreements, with respect to, related to, or in connection with, ISP traffic exchange that have the purpose or effect of evading the prohibitions contained in this section and Section 3102. Nothing in this paragraph shall be construed to prohibit Internet service providers from entering into ISP traffic exchange agreements that do not evade the prohibitions contained in this section and Section 3102. (b) It shall be unlawful for a mobile Internet service provider, insofar as the provider is engaged in providing mobile broadband Internet access service, to engage in any of the activities described in paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) of subdivision (a). (Added by Stats. 2018, Ch. 976, Sec. 2. (SB 822) Effective January 1, 2019.)
  26. 3102.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. )

    Verify source ↗

    Fixed and mobile internet service providers must not offer non-broadband services over the same last-mile connection if those services evade section 3101’s limits or harm broadband performance.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. ) ## 3102. (a) It shall be unlawful for a fixed Internet service provider to offer or provide services other than broadband Internet access service that are delivered over the same last-mile connection as the broadband Internet access service, if those services satisfy either of the following conditions: (1) They have the purpose or effect of evading the prohibitions in Section 3101. (2) They negatively affect the performance of broadband Internet access service. (b) It shall be unlawful for a mobile Internet service provider to offer or provide services other than broadband Internet access service that are delivered over the same last-mile connection as the broadband Internet access service, if those services satisfy either of the conditions specified in paragraphs (1) and (2) of subdivision (a). (c) Nothing in this section shall be construed to prohibit a fixed or mobile Internet service provider from offering or providing services other than broadband Internet access service that are delivered over the same last-mile connection as the broadband Internet access service and do not violate this section. (Added by Stats. 2018, Ch. 976, Sec. 2. (SB 822) Effective January 1, 2019.)
  27. 3103.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. )

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    This section says the title does not override a fixed or mobile internet service provider’s existing obligations or authority to deal with emergency, law enforcement, public safety, or national security needs, and it does not bar reasonable efforts to address copyright infringement or other unlawful activity.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. ) ## 3103. (a) Nothing in this title supersedes any obligation or authorization a fixed or mobile Internet service provider may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or limits the provider’s ability to do so. (b) Nothing in this title prohibits reasonable efforts by a fixed or mobile Internet service provider to address copyright infringement or other unlawful activity. (Added by Stats. 2018, Ch. 976, Sec. 2. (SB 822) Effective January 1, 2019.)
  28. 3104.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. )

    Verify source ↗

    Any waiver of this title is void and unenforceable as against public policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15. Internet Neutrality [3100 - 3104] ( Title 15 added by Stats. 2018, Ch. 976, Sec. 2. ) ## 3104. Notwithstanding Section 3268 or any other law, any waiver of the provisions of this title is contrary to public policy and shall be unenforceable and void. (Added by Stats. 2018, Ch. 976, Sec. 2. (SB 822) Effective January 1, 2019.)
  29. 3110.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.2. Artificial Intelligence Training Data Transparency [3110 - 3111] ( Title 15.2 added by Stats. 2024, Ch. 817, Sec. 1. )

    Verify source ↗

    This section defines terms used in the title, including artificial intelligence, developer, generative artificial intelligence, substantial modification, synthetic data generation, and training.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.2. Artificial Intelligence Training Data Transparency [3110 - 3111] ( Title 15.2 added by Stats. 2024, Ch. 817, Sec. 1. ) ## 3110. For purposes of this title, the following definitions shall apply: (a) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) “Developer” means a person, partnership, state or local government agency, or corporation that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. For purposes of this subdivision, “members of the public” does not include an affiliate as defined in subparagraph (A) of paragraph (1) of subdivision (c) of Section 1799.1a, or a hospital’s medical staff member. (c) “Generative artificial intelligence” means artificial intelligence that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence’s training data. (d) “Substantially modifies” or “substantial modification” means a new version, new release, or other update to a generative artificial intelligence system or service that materially changes its functionality or performance, including the results of retraining or fine tuning. (e) “Synthetic data generation” means a process in which seed data are used to create artificial data that have some of the statistical characteristics of the seed data. (f) “Train a generative artificial intelligence system or service” includes testing, validating, or fine tuning by the developer of the artificial intelligence system or service. (Added by Stats. 2024, Ch. 817, Sec. 1. (AB 2013) Effective January 1, 2025.)
  30. 3111.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.2. Artificial Intelligence Training Data Transparency [3110 - 3111] ( Title 15.2 added by Stats. 2024, Ch. 817, Sec. 1. )

    Verify source ↗

    Developers must post on their website documentation about the data used to train a covered generative AI system or service, starting by January 1, 2026 and again before later covered public releases.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.2. Artificial Intelligence Training Data Transparency [3110 - 3111] ( Title 15.2 added by Stats. 2024, Ch. 817, Sec. 1. ) ## 3111. On or before January 1, 2026, and before each time thereafter that a generative artificial intelligence system or service, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made publicly available to Californians for use, regardless of whether the terms of that use include compensation, the developer of the system or service shall post on the developer’s internet website documentation regarding the data used by the developer to train the generative artificial intelligence system or service, including, but not limited to, all of the following: (a) A high-level summary of the datasets used in the development of the generative artificial intelligence system or service, including, but not limited to: (1) The sources or owners of the datasets. (2) A description of how the datasets further the intended purpose of the artificial intelligence system or service. (3) The number of data points included in the datasets, which may be in general ranges, and with estimated figures for dynamic datasets. (4) A description of the types of data points within the datasets. For purposes of this paragraph, the following definitions apply: (A) As applied to datasets that include labels, “types of data points” means the types of labels used. (B) As applied to datasets without labeling, “types of data points” refers to the general characteristics. (5) Whether the datasets include any data protected by copyright, trademark, or patent, or whether the datasets are entirely in the public domain. (6) Whether the datasets were purchased or licensed by the developer. (7) Whether the datasets include personal information, as defined in subdivision (v) of Section 1798.140. (8) Whether the datasets include aggregate consumer information, as defined in subdivision (b) of Section 1798.140. (9) Whether there was any cleaning, processing, or other modification to the datasets by the developer, including the intended purpose of those efforts in relation to the artificial intelligence system or service. (10) The time period during which the data in the datasets were collected, including a notice if the data collection is ongoing. (11) The dates the datasets were first used during the development of the artificial intelligence system or service. (12) Whether the generative artificial intelligence system or service used or continuously uses synthetic data generation in its development. A developer may include a description of the functional need or desired purpose of the synthetic data in relation to the intended purpose of the system or service. (b) A developer shall not be required to post documentation regarding the data used to train a generative artificial intelligence system or service for any of the following: (1) A generative artificial intelligence system or service whose sole purpose is to help ensure security and integrity. For purposes of this paragraph, “security and integrity” has the same meaning as defined in subdivision (ac) of Section 1798.140, except as applied to any developer or user and not limited to businesses, as defined in subdivision (d) of that section. (2) A generative artificial intelligence system or service whose sole purpose is the operation of aircraft in the national airspace. (3) A generative artificial intelligence system or service developed for national security, military, or defense purposes that is made available only to a federal entity. (Amended by Stats. 2025, Ch. 67, Sec. 35. (AB 1170) Effective January 1, 2026.)
  31. 3120.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.5. Digital Equity Bill of Rights [3120 - 3123] ( Title 15.5 added by Stats. 2023, Ch. 436, Sec. 1. )

    Verify source ↗

    This title is named the Digital Equity Bill of Rights 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 15.5. Digital Equity Bill of Rights [3120 - 3123] ( Title 15.5 added by Stats. 2023, Ch. 436, Sec. 1. ) ## 3120. This title shall be known, and may be cited, as the Digital Equity Bill of Rights. (Added by Stats. 2023, Ch. 436, Sec. 1. (AB 414) Effective January 1, 2024.)
  32. 3121.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.5. Digital Equity Bill of Rights [3120 - 3123] ( Title 15.5 added by Stats. 2023, Ch. 436, Sec. 1. )

    Verify source ↗

    The Legislature states that digital equity is necessary for participation in society, democracy, the economy, and access to jobs, learning, and essential services.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.5. Digital Equity Bill of Rights [3120 - 3123] ( Title 15.5 added by Stats. 2023, Ch. 436, Sec. 1. ) ## 3121. The Legislature finds and declares that digital equity, in which all individuals and communities have the information technology capacity needed for full participation in society, democracy, and the economy, is necessary for civic and cultural participation, employment, lifelong learning, and to access essential services. The Legislature further finds and declares that digital equity requires deployment and adoption of information technologies enabled by access to high-speed internet infrastructure, including wireline and wireless technologies. (Added by Stats. 2023, Ch. 436, Sec. 1. (AB 414) Effective January 1, 2024.)
  33. 3122.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.5. Digital Equity Bill of Rights [3120 - 3123] ( Title 15.5 added by Stats. 2023, Ch. 436, Sec. 1. )

    Verify source ↗

    Residents are stated to have access to several forms of broadband, and subscribers should benefit from equal access where technically feasible.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.5. Digital Equity Bill of Rights [3120 - 3123] ( Title 15.5 added by Stats. 2023, Ch. 436, Sec. 1. ) ## 3122. (a) It is the principle of the state, to ensure digital equity for all its residents, that residents shall have access to all of the following: (1) Broadband that is sufficient and reliable, with internet speeds that are sufficient to meet the growing demand and reliance on access to education, government, public safety, economic prosperity, and health care through high-speed internet access. Determining minimum speeds for high-speed internet infrastructure should be performance based to support online educational opportunities, telehealth, and remote working by a majority of households online simultaneously with an increasing need for symmetrical network speeds. (2) Broadband that is ubiquitous by ensuring that sufficient and reliable broadband access is available throughout the state, from the most rural areas, including tribal lands, to the most populated urban areas, including all low-income neighborhoods. Public broadband investments should be prioritized to connect entire communities and address digital redlining in historically unserved and underserved communities. (3) Broadband that is affordable by ensuring that internet service plans are affordable for all residents of the state, regardless of their geographic location or household income. (4) Broadband that provides educational opportunities and supports digital skills proficiency by providing residents of the state with access to opportunities to develop the skills needed to thrive in a digital world. (5) Broadband that ensures public safety and maintains the peace of mind of the residents of the state that comes with knowing they have reliable access to emergency response services and emergency alert systems in the event of emergencies or catastrophic disasters. (6) Broadband that improves quality of life by advancing economic status with access to educational opportunities, new job opportunities, and health care. (7) Broadband that supports economic prosperity by ensuring that all workers, employers, businesses, entrepreneurs, startups, and enterprises, regardless of size, and including agriculture, have high-speed internet access that optimizes the value of their contributions to the economy to ensure global competitiveness. (8) Broadband that attracts capital investment because ubiquitous high-speed internet infrastructure is essential to ensuring that the state continues to attract its fair share of global capital investment to support and enhance economic prosperity. (9) Broadband that supports innovation and research by ensuring that high-speed internet infrastructure connects all research institutions to sustain world-class research and innovation that drives economic productivity. (10) Broadband that empowers and enables participation in the democratic process so that all residents of the state are connected to the internet with sufficient speeds to participate in government, online educational opportunities, and telehealth for quality of life and public safety. (b) It is the policy of the state that, to the extent technically feasible, broadband internet subscribers benefit from equal access to broadband internet service within the service area of a broadband provider. (c) For purposes of this title, the following definitions apply: (1) “Equal access” means the equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality-of-service metrics in a given geographical area, for comparable terms and conditions. (2) “Broadband” means “Broadband Internet access service” as defined in subdivision (b) of Section 3100. (Added by Stats. 2023, Ch. 436, Sec. 1. (AB 414) Effective January 1, 2024.)
  34. 3123.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.5. Digital Equity Bill of Rights [3120 - 3123] ( Title 15.5 added by Stats. 2023, Ch. 436, Sec. 1. )

    Verify source ↗

    This section says the title does not create a private right of action against the state, and it does not require the state to enforce the title’s principles or policies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 15.5. Digital Equity Bill of Rights [3120 - 3123] ( Title 15.5 added by Stats. 2023, Ch. 436, Sec. 1. ) ## 3123. (a) This title does not create a private right of action against the state to enforce this title. (b) This title does not create an obligation of the state to enforce the principle or policy established by this title. (Added by Stats. 2023, Ch. 436, Sec. 1. (AB 414) Effective January 1, 2024.)
  35. 3268.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [3268- 3268.] ( Title 16 enacted 1872. )

    Verify source ↗

    Part of the prior titles on contract rights and obligations yields to the parties’ intention, and a party entitled to the benefit may waive it unless that waiver would violate public policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [3268- 3268.] ( Title 16 enacted 1872. ) ## 3268. Except where it is otherwise declared, the provisions of the foregoing titles of this part, in respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the interpretation of contracts; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy. (Amended by Stats. 1963, Ch. 819.)
  36. 3269.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 17. YEAR 2000 INFORMATION DISCLOSURES [3269 - 3271] ( Title 17 added by Stats. 1998, Ch. 860, Sec. 3. )

    Verify source ↗

    This section defines several terms used in Title 17, including “Year 2000 Problem,” “Information,” “Disclosure,” and “Person.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 17. YEAR 2000 INFORMATION DISCLOSURES [3269 - 3271] ( Title 17 added by Stats. 1998, Ch. 860, Sec. 3. ) ## 3269. For purposes of this title, the following definitions apply: (a) “Year 2000 Problem” means any expected or actual computing, physical, enterprise, or distribution system complications that may occur in any computer system, computer program, software application, embedded systems, embedded chip calculations, or other computing application as a result of the year change from 1999 to 2000. These complications are often associated with the common programming practice of using a two-digit field to represent a year, resulting in erroneous date calculations, an ambiguous interpretation of the term “00,” the failure to recognize the year 2000 as a leap year, the use of algorithms that use the year “99” or “00” as a flag for another function, or the use of applications, software, or hardware that are date sensitive. (b) “Information” means any assessment, projection, estimate, planning document, objective, timetable, test plan, test date, or test result related to the implementation or verification of Year 2000 Problem processing capabilities of a computer system, computer program, software application, embedded systems, embedded chip calculations, or other computing application and intended to solve a Year 2000 Problem. (c) “Disclosure” and “discloses” mean any dissemination or provision of information without any expectation or right to remuneration or fee therefor. (d) “Person” means any individual, corporation, partnership, business entity, joint venture, association, the State of California or any of its subdivisions, or any other organization, or any combination thereof. (Amended by Stats. 1999, Ch. 83, Sec. 23. Effective January 1, 2000.)
  37. 3270.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 17. YEAR 2000 INFORMATION DISCLOSURES [3269 - 3271] ( Title 17 added by Stats. 1998, Ch. 860, Sec. 3. )

    Verify source ↗

    People who disclose Year 2000 problem information or possible solutions are generally protected from tort damages for injuries tied to use of that information, unless Section 3271 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 17. YEAR 2000 INFORMATION DISCLOSURES [3269 - 3271] ( Title 17 added by Stats. 1998, Ch. 860, Sec. 3. ) ## 3270. (a) Notwithstanding any other law, any person that discloses information regarding the Year 2000 Problem or any potential solutions to the problem, including, but not limited to, those persons described in subdivision (b), shall not be liable for damages in any tort action brought against that person regarding the Year 2000 Problem for any injury caused by, arising out of, or relating to, the use of the information disclosed, except as provided in Section 3271. (b) This section shall apply to any person that, when making the disclosures described in subdivision (a), specifically disclaims the universal applicability of the potential solutions disclosed, and expresses a unique experience with any Year 2000 information. (c) This section does not apply to prospective solutions sold or exchanged for profit or provided for profit by a person or entity holding itself out as a provider of Year 2000 solutions. (Added by Stats. 1998, Ch. 860, Sec. 3. Effective September 25, 1998.)
  38. 3271.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 17. YEAR 2000 INFORMATION DISCLOSURES [3269 - 3271] ( Title 17 added by Stats. 1998, Ch. 860, Sec. 3. )

    Verify source ↗

    A claimant can block Section 3270 from applying by proving the Year 2000 disclosure was material, false or misleading, and made with the required fault or disclosure failure.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 17. YEAR 2000 INFORMATION DISCLOSURES [3269 - 3271] ( Title 17 added by Stats. 1998, Ch. 860, Sec. 3. ) ## 3271. (a) Section 3270 shall not apply if the claimant in an action described in that section establishes that the Year 2000 Problem information disclosure was all of the following: (1) Material. (2) False, inaccurate, or misleading. (3) Either (A) made with the knowledge that the statement was false, inaccurate, or misleading, (B) if the information disclosed was a republication of or otherwise a repetition of information from another person, made without a disclosure that the information was based on information supplied by another person or made with the knowledge that the statement was false, inaccurate, or misleading, or (C) made with gross negligence in the determination of the truth or accuracy of the disclosure or in the determination of whether the disclosure was misleading. (b) Nothing in this title shall be deemed to affect any other remedy available at law, including, but not limited to, temporary or permanent injunctive relief, against a public or private entity or individual with respect to Year 2000 Problem information disclosures. (Added by Stats. 1998, Ch. 860, Sec. 3. Effective September 25, 1998.)
  39. 3273.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 18. PROVIDERS OF HEALTH AND SAFETY LABOR OR SERVICES [3273- 3273.] ( Title 18 added by Stats. 2014, Ch. 832, Sec. 1. )

    Verify source ↗

    Contractors providing public health and safety services for a public agency must avoid using agency logos on vehicles or uniforms unless they add required disclosure text and identifying information.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 18. PROVIDERS OF HEALTH AND SAFETY LABOR OR SERVICES [3273- 3273.] ( Title 18 added by Stats. 2014, Ch. 832, Sec. 1. ) ## 3273. (a) It is unlawful for a person, firm, corporation, or association that is a nongovernmental entity and contracts to perform public health and safety labor or services for a public agency to display on a vehicle a logo of the public agency that reasonably could be interpreted or construed as implying that the labor or services are being provided by employees of the public agency, unless the vehicle conspicuously displays a statement indicating that the contractor is the service provider, contractor, or other appropriate descriptor, such as “SERVICE PROVIDED BY:” or “CONTRACTED BY:”, immediately followed by all of the following: (1) The logo and the name of the person, firm, corporation, or association that is the nongovernmental entity providing the public health and safety labor or services for the public agency. (2) The state, or if outside of the United States, the country where the nongovernmental entity’s controlling person, firm, corporation, or association is legally incorporated, organized, or formed. (b) It is unlawful for a person or an employee of a person, firm, corporation, or association that is a nongovernmental entity and contracts to perform public health and safety labor or services for a public agency to wear a uniform bearing a logo of the public agency that reasonably could be interpreted or construed as implying that the labor or services are being provided by employees of the public agency, unless the uniform conspicuously displays the logo and the name of the person, firm, corporation, or association that is the nongovernmental entity providing the labor or services for the public agency. (c) The disclosures required pursuant to subdivisions (a) and (b) shall apply to all labor or services provided pursuant to a contract entered into on or after January 1, 2015. (d) (1) It is unlawful for a public agency to require, through a contract with a person, firm, corporation, or association that is a nongovernmental entity providing public health and safety labor or services, a person or employee of the nongovernmental entity to wear a badge containing the logo of the public agency. (2) It is unlawful for a person, firm, corporation, or association that is a nongovernmental entity contracting to perform public health and safety labor or services for a public agency to require a person or its employee to wear a badge containing the logo of the public agency. (e) For the purposes of subdivision (b), an identifying mark affixed to a uniform as required by state or federal law, and a local agency regulating the activity of the person, firm, corporation, or association shall not be construed as implying that the labor or services are being provided by employees of the public agency. (f) If a vehicle or uniform displays more than one logo referring to the public agency, then the required disclosure shall be placed near the largest logo referring to the public agency. (g) The disclosure requirements in subdivisions (a) and (b) of this section shall not apply to uniforms or vehicles if the person, firm, corporation, or association that is the nongovernmental entity is providing the labor or services for a public agency under Article 3.3 (commencing with Section 2430) of Chapter 2 of Division 2 of the Vehicle Code. (h) The disclosure requirements in subdivisions (a) and (b) shall not apply to a public agency vehicle utilized by the nongovernmental entity during a declared state or federal disaster, mass-casualty incident, or other incident that requires the use of state or federal resources when the public agency requires the use of the public agency vehicle. (i) (1) Violations of this section shall be subject to the remedies provided in the Consumers Legal Remedies Act (Title 1.5 (commencing with Section 1750)). (2) The duties, rights, and remedies provided in this section are in addition to any other duties, rights, and remedies provided by state law. (j) For the purposes of this section, the following terms have the following meanings: (1) “Conspicuously displays” means to display a disclosure on the exterior of a vehicle or uniform in the same location as the logo of the public agency, placed prominently as compared with other words, statements, or designs displayed in connection with the logo of the public agency. With respect to a uniform, “in the same location” includes, but is not limited to, a location on the opposing shoulder, pocket, or similar opposing location relative to the location of the logo of the public agency. (2) “Logo” means a symbol, graphic, seal, emblem, insignia, trade name, brand name, or picture identifying a person, firm, corporation, association, or public agency. “Logo” shall not mean the name of a public agency used alone. (3) “Public agency” means a state entity, a city, county, city and county, special district, or other political subdivision of the state. (4) “Public health and safety labor or services” means fire protection services, rescue services, prehospital emergency medical services, hazardous material emergency response services, and ambulance services. (Amended by Stats. 2015, Ch. 25, Sec. 1. (SB 84) Effective June 24, 2015.)
  40. 3273.01.

    ## 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 1. Title and Definitions [3273.01 - 3273.2] ( Chapter 1 added by Stats. 2020, Ch. 37, Sec. 13. )

    Verify source ↗

    This section says the title may be cited as the “COVID-19 Small Landlord and Homeowner Relief Act of 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 1. Title and Definitions [3273.01 - 3273.2] ( Chapter 1 added by Stats. 2020, Ch. 37, Sec. 13. ) ## 3273.01. This title is known, and may be cited, as the “COVID-19 Small Landlord and Homeowner Relief Act of 2020.” (Added by Stats. 2020, Ch. 37, Sec. 13. (AB 3088) Effective August 31, 2020.)
  41. 3273.1.

    ## 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 1. Title and Definitions [3273.01 - 3273.2] ( Chapter 1 added by Stats. 2020, Ch. 37, Sec. 13. )

    Verify source ↗

    This section defines key terms used in the title, including “borrower,” “effective time period,” and “mortgage servicer” or “lienholder.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 1. Title and Definitions [3273.01 - 3273.2] ( Chapter 1 added by Stats. 2020, Ch. 37, Sec. 13. ) ## 3273.1. For purposes of this title: (a) (1) “Borrower” means any of the following: (A) A natural person who is a mortgagor or trustor or a confirmed successor in interest, as defined in Section 1024.31 of Title 12 of the Code of Federal Regulations. (B) An entity other than a natural person only if the secured property contains no more than four dwelling units and is currently occupied by one or more residential tenants. (2) “Borrower” shall not include an individual who has surrendered the secured property as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary, or authorized agent. (3) Unless the property securing the mortgage contains one or more deed-restricted affordable housing units or one or more affordable housing units subject to a regulatory restriction limiting rental rates that is contained in an agreement with a government agency, the following mortgagors shall not be considered a “borrower”: (A) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. (B) A corporation. (C) A limited liability company in which at least one member is a corporation. (4) “Borrower” shall also mean a person who holds a power of attorney for a borrower described in paragraph (1). (b) “Effective time period” means the time period between the operational date of this title and December 1, 2021. (c) (1) “Mortgage servicer” or “lienholder” means a person or entity who directly services a loan or who is responsible for interacting with the borrower, managing the loan account on a daily basis, including collecting and crediting periodic loan payments, managing any escrow account, or enforcing the note and security instrument, either as the current owner of the promissory note or as the current owner’s authorized agent. (2) “Mortgage servicer” or “lienholder” also means a subservicing agent to a master servicer by contract. (3) “Mortgage servicer” shall not include a trustee, or a trustee’s authorized agent, acting under a power of sale pursuant to a deed of trust. (Amended by Stats. 2021, Ch. 27, Sec. 6. (AB 832) Effective June 28, 2021.)
  42. 3273.10.

    ## 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. )

    Verify source ↗

    If a mortgage servicer denies a forbearance request during the effective time period, it must send the borrower written reasons for the denial, and if the denial is based on a curable defect, it must allow time to fix it and respond to the revised request quickly.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. ) ## 3273.10. (a) If a mortgage servicer denies a forbearance request made during the effective time period, the mortgage servicer shall provide written notice to the borrower that sets forth the specific reason or reasons that forbearance was not provided, if both of the following conditions are met: (1) The borrower was current on payment as of February 1, 2020. (2) The borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the mortgage obligation due, directly or indirectly, to the COVID-19 emergency. (b) If the written notice in subdivision (a) cites any defect in the borrower’s request, including an incomplete application or missing information, that is curable, the mortgage servicer shall do all of the following: (1) Specifically identify any curable defect in the written notice. (2) Provide 21 days from the mailing date of the written notice for the borrower to cure any identified defect. (3) Accept receipt of the borrower’s revised request for forbearance before the aforementioned 21-day period lapses. (4) Respond to the borrower’s revised request within five business days of receipt of the revised request. (c) If a mortgage servicer denies a forbearance request made during the effective time period, the declaration required by subdivision (b) of Section 2923.5 shall include the written notice together with a statement as to whether forbearance was or was not subsequently provided. (d) A mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an authorized agent thereof, who, with respect to a borrower of a federally backed mortgage, complies with the relevant provisions regarding forbearance in Section 4022 of the federal Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) (Public Law 116-136), including any amendments or revisions to those provisions, shall be deemed to be in compliance with this section. A mortgage servicer of a nonfederally backed mortgage that provides forbearance that is consistent with the requirements of the CARES Act for federally backed mortgages shall be deemed to be in compliance with this section. (Amended by Stats. 2024, Ch. 142, Sec. 6. (AB 295) Effective July 18, 2024.)
  43. 3273.11.

    ## 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. )

    Verify source ↗

    Mortgage servicers must follow applicable federal guidance on borrower options after a COVID-19-related forbearance.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. ) ## 3273.11. (a) A mortgage servicer shall comply with applicable federal guidance regarding borrower options following a COVID-19 related forbearance. (b) Any mortgage servicer, mortgagee, or beneficiary of the deed of trust, or authorized agent thereof, who, with respect to a borrower of a federally backed loan, complies with the guidance to mortgagees regarding borrower options following a COVID-19-related forbearance provided by the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Housing Administration of the United States Department of Housing and Urban Development, the United States Department of Veterans Affairs, or the Rural Development division of the United States Department of Agriculture, including any amendments, updates, or revisions to that guidance, shall be deemed to be in compliance with this section. (c) With respect to a nonfederally backed loan, any mortgage servicer, mortgagee, or beneficiary of the deed of trust, or authorized agent thereof, who, regarding borrower options following a COVID-19 related forbearance, reviews a customer for a solution that is consistent with the guidance to servicers, mortgagees, or beneficiaries provided by Fannie Mae, Freddie Mac, the Federal Housing Administration of the Department of Housing and Urban Development, the Department of Veterans Affairs, or the Rural Development division of the Department of Agriculture, including any amendments, updates or revisions to such guidance, shall be deemed to be in compliance with this section. (Added by Stats. 2020, Ch. 37, Sec. 13. (AB 3088) Effective August 31, 2020.)
  44. 3273.12.

    ## 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. )

    Verify source ↗

    The Legislature states that a mortgage servicer should offer a borrower a postforbearance loss mitigation option consistent with the servicer’s contractual or other 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. ) ## 3273.12. It is the intent of the Legislature that a mortgage servicer offer a borrower a postforbearance loss mitigation option that is consistent with the mortgage servicer’s contractual or other authority. (Added by Stats. 2020, Ch. 37, Sec. 13. (AB 3088) Effective August 31, 2020.)
  45. 3273.14.

    ## 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. )

    Verify source ↗

    A mortgage servicer must communicate about forbearance and postforbearance options in the borrower’s preferred language when it regularly communicates with the borrower in that language.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. ) ## 3273.14. A mortgage servicer shall communicate about forbearance and postforbearance options described in this article in the borrower’s preferred language when the mortgage servicer regularly communicates with any borrower in that language. (Added by Stats. 2020, Ch. 37, Sec. 13. (AB 3088) Effective August 31, 2020.)
  46. 3273.15.

    ## 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. )

    Verify source ↗

    A harmed borrower may sue for remedies, including injunctions, damages, restitution, and other relief. A court may also award reasonable attorney’s fees and costs in specified actions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. ) ## 3273.15. (a) A borrower who is harmed by a material violation of this title may bring an action to obtain injunctive relief, damages, restitution, and any other remedy to redress the violation. (b) A court may award a prevailing borrower reasonable attorney’s fees and costs in any action based on any violation of this title in which injunctive relief against a sale, including a temporary restraining order, is granted. A court may award a prevailing borrower reasonable attorney’s fees and costs in an action for a violation of this article in which relief is granted but injunctive relief against a sale is not granted. (c) The rights, remedies, and procedures provided to borrowers by this section are in addition to and independent of any other rights, remedies, or procedures under any other law. This section shall not be construed to alter, limit, or negate any other rights, remedies, or procedures provided to borrowers by law. (Added by Stats. 2020, Ch. 37, Sec. 13. (AB 3088) Effective August 31, 2020.)
  47. 3273.16.

    ## 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. )

    Verify source ↗

    A borrower cannot waive the provisions of this article; any such waiver is void.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 2. Mortgages [3273.10 - 3273.16] ( Chapter 2 added by Stats. 2020, Ch. 37, Sec. 13. ) ## 3273.16. Any waiver by a borrower of the provisions of this article is contrary to public policy and shall be void. (Added by Stats. 2020, Ch. 37, Sec. 13. (AB 3088) Effective August 31, 2020.)
  48. 3273.2.

    ## 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 1. Title and Definitions [3273.01 - 3273.2] ( Chapter 1 added by Stats. 2020, Ch. 37, Sec. 13. )

    Verify source ↗

    This section says the title applies to certain residential mortgages or deeds of trust and to certain financial institutions and licensed 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 19. COVID-19 Small Landlord and Homeowner Relief Act [3273.01 - 3273.16] ( Title 19 added by Stats. 2020, Ch. 37, Sec. 13. ) ## CHAPTER 1. Title and Definitions [3273.01 - 3273.2] ( Chapter 1 added by Stats. 2020, Ch. 37, Sec. 13. ) ## 3273.2. (a) The provisions of this title apply to a mortgage or deed of trust that is secured by residential property containing no more than four dwelling units, including individual units of condominiums or cooperatives, and that was outstanding as of the enactment date of this title. (b) The provisions of this title shall apply to a depository institution chartered under federal or state law, a person covered by the licensing requirements of Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code. (Added by Stats. 2020, Ch. 37, Sec. 13. (AB 3088) Effective August 31, 2020.)
  49. 3273.20.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

    Verify source ↗

    This title is known as, and may be cited as, the “Mortgage Forbearance 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.20. This title is known, and may be cited, as the “Mortgage Forbearance Act.” (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  50. 3273.21.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the Mortgage Forbearance 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.21. For purposes of this title, the following terms have the following meanings: (a) (1) “Borrower” means a natural person who is a mortgagor or trustor, or a person who holds a power of attorney for a mortgagor or trustor. (2) “Borrower” does not include an individual who has surrendered the secured property as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary, or authorized agent. (3) “Borrower” does not include an individual who has a recorded notice of default recorded against the real property that is secured by the residential mortgage loan before the beginning of the wildfire disaster unless the notice of default was rescinded. (b) “Federally backed loan” means a residential mortgage loan that is insured, guaranteed, purchased, or secured by a federal agency or government-sponsored entity. (c) “Disaster-related forbearance relief” means the relief described in servicing guidelines for federally backed loans. (d) (1) “Mortgage servicer” means a person or entity who directly services a loan or who is responsible for interacting with the borrower, managing the loan account on a daily basis, including collecting and crediting periodic loan payments, managing any escrow account, or enforcing the note and security instrument, either as the current owner of the promissory note or as the current owner’s authorized agent. (2) “Mortgage servicer” also means a subservicing agent to a master servicer by contract. (3) “Mortgage servicer” does not include a trustee, or a trustee’s authorized agent, acting under a power of sale pursuant to a deed of trust. (e) “Residential mortgage loan” means a loan that is secured by residential real property improved by four or fewer residential units. (f) “Wildfire disaster” means the conditions described in the proclamation of a state of emergency issued by Governor Gavin Newsom on January 7, 2025, or the federally declared disaster, declared on January 8, 2025, related to the Eaton Wildfire, the Palisades Fire, and the Straight-line Winds (DR-4856-CA). (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  51. 3273.22.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

    Verify source ↗

    This title applies to certain depository institutions and to persons covered by specified California licensing laws.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.22. This title applies to a depository institution chartered under federal or state law, a person covered by the licensing requirements of Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code. (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  52. 3273.23.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

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    A qualifying borrower may request wildfire-related mortgage forbearance, and the mortgage servicer must offer it and follow specific notice and credit-reporting 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.23. (a) A borrower who is experiencing financial hardship that prevents the borrower from making timely payments on a residential mortgage loan due directly to the wildfire disaster may request forbearance on the residential mortgage loan by doing both of the following: (1) Submitting a request to the borrower’s mortgage loan servicer before the earlier of either of the following: (A) Six months after the date upon which the state of emergency issued by Governor Gavin Newsom on January 7, 2025, is terminated. (B) January 7, 2027. (2) Affirming that the borrower is experiencing a financial hardship due to the wildfire disaster. (b) Upon a request by a borrower for forbearance under subdivision (a), a mortgage servicer shall offer mortgage payment forbearance for a period of up to an initial 90 days, which shall be extended at the request of the borrower in 90-day increments, up to a maximum forbearance period of 12 months. (c) The borrower shall be notified within 10 business days by the mortgage servicer whether their request for forbearance has been approved. (d) If the mortgage servicer, acting under delegated authority to make forbearance determinations on behalf of the investor, denies a forbearance request within the maximum allowable forbearance period of 12 months pursuant to subdivision (b), the mortgage servicer shall not be in violation of this section if the mortgage servicer provides written notice to the borrower stating the specific reason for denial. The notice shall include both of the following: (1) A clear and concise explanation of the specific investor provision that is the basis for the denial. (2) The text of the specific investor guideline or contractual provision that is the basis for the denial of the borrower’s forbearance request. (e) If the written notice in subdivision (c) cites any defect in the borrower’s request, including an incomplete application or missing information, that is curable, the mortgage servicer shall do all of the following: (1) Specifically identify any curable defect in the written notice. (2) Provide 21 calendar days from the mailing date of the written notice for the borrower to cure any identified defect. (3) Accept the borrower’s revised request for forbearance before the 21-day period described in paragraph (2) lapses. (4) Respond to the borrower’s revised request within five business days of receipt of the revised request. (f) The forbearance period required by subdivision (b) shall include any period of forbearance related to the wildfire disaster that a mortgage servicer has provided to a borrower before the effective date of this title. (g) During the period of forbearance required by this section, no late fees shall be assessed to the borrower’s account and the borrower shall not be charged a default rate of interest. (h) No later than 30 calendar days before the end of an initial forbearance period, a mortgage servicer shall provide written notice to the borrower disclosing both of the following: (1) Any documentation or forms that the mortgage servicer requires the borrower to furnish or complete to be considered for an additional period of forbearance. (2) A description of the deadlines and timelines associated with considering the borrower for an additional period of forbearance. (i) A mortgage servicer shall report the credit obligations of borrowers under a disaster-related forbearance plan in compliance with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). For accounts granted disaster-related mortgage payment relief pursuant to this title, a mortgage servicer shall not furnish information during the forbearance period indicating that the payments are in forbearance and shall do either of the following: (1) Report the credit obligation or account as current. (2) If a borrower was delinquent before the disaster-related forbearance plan, the mortgage servicer shall: (A) Maintain the delinquent status during the period in which the plan is in effect. (B) If the consumer brings the account current during the forbearance period, report the account as current. (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  53. 3273.24.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

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    A mortgage servicer must tell a borrower that forborne mortgage payments must be repaid, and it only has to give that disclosure once at the start of the forbearance period. A lump sum payment cannot be required from a borrower who was current when forbearance 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.24. (a) A mortgage servicer shall disclose to a borrower to whom a forbearance has been granted pursuant to Section 3273.23 that the forborne mortgage payments are required to be repaid. (b) The disclosure required by subdivision (a) is only required to be furnished to the borrower once at the beginning of the forbearance period. (c) A lump sum payment shall not be required for a borrower who was current on the residential mortgage loan when the borrower entered forbearance. (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  54. 3273.25.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

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    A mortgage servicer may not start foreclosure-related actions while forbearance is in effect if the borrower is complying with the forbearance terms.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.25. During the time of forbearance granted pursuant to this title, a mortgage servicer shall not initiate any judicial or nonjudicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale if the borrower is performing pursuant to the terms of the forbearance. (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  55. 3273.26.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

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    Not complying with this title does not make a trustee’s sale or a sale to a bona fide purchaser for value invalid.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.26. Failure to comply with this title shall not affect the validity of a trustee’s sale or a sale to a bona fide purchaser for value. (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  56. 3273.27.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

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    A person is not liable for violating this title when compliance would conflict with the applicable servicing guidelines for certain mortgage loans.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.27. (a) (1) With respect to a federally backed loan, a person shall not be held liable for a violation of this title if compliance with this title conflicts with the servicing guidelines applicable to the federally backed loan. (2) Servicing guidelines applicable to a federally backed loan includes servicing guidelines like those issued by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), the Single Family Housing Policy Handbook issued by the Federal Housing Administration of the United States Department of Housing and Urban Development, the VA Servicer Handbook issued by the United States Department of Veterans Affairs, or a servicing handbook issued by the Rural Development division of the United States Department of Agriculture, as those guidelines existed on January 13, 2025. (b) With respect to a residential mortgage loan that is not a federally backed loan, a person shall not be held liable for a violation of this title if compliance with this title conflicts with the servicing guidelines issued by Fannie Mae or Freddie Mac. (c) For purposes of this section, “conflicts with” means that it is impossible to comply with this title and the person’s obligation under the applicable servicing guidelines. (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  57. 3273.28.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

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    The Department of Financial Protection and Innovation must post specified mortgage forbearance information on its website.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.28. The Department of Financial Protection and Innovation shall post all of the following on its website: (a) Links to the provisions of servicing guidelines pertaining to disaster-related forbearance relief for federally backed loans. (b) A summary of Fannie Mae and Freddie Mac guidance to assist borrowers in understanding their forbearance programs. (c) A dedicated telephone number for borrowers seeking assistance. (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  58. 3273.29.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

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    The Legislature states that mortgage servicers should offer borrowers forbearance within the servicer’s contractual or other 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.29. (a) It is the intent of the Legislature that a mortgage servicer offer a borrower forbearance that is consistent with the mortgage servicer’s contractual or other authority. Nothing in this title requires a mortgage servicer to take any action that would require the mortgage servicer to breach the terms of an existing contract with the investor that owns or insures the residential mortgage loan. (b) It is the intent that this title not apply to servicing guidelines that are unrelated to disaster-related forbearance relief. (Added by Stats. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  59. 3273.30.

    ## 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 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. )

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    This title is severable, so if one provision or its application is invalid, the rest can still operate if they can stand alone.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 19.1. Mortgage Forbearance Act [3273.20 - 3273.30] ( Title 19.1 added by Stats. 2025, Ch. 128, Sec. 1. ) ## 3273.30. The provisions of this title are severable. If any provision of this title 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. 2025, Ch. 128, Sec. 1. (AB 238) Effective September 22, 2025.)
  60. 3273.50.

    ## 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 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. )

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    This section defines terms used in the Firearm Industry Responsibility Act, including firearm-related product, firearm industry member, firearm manufacturing machine, and reasonable controls.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. ) ## 3273.50. As used in this title, the following definitions apply: (a) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code. (b) “Firearm” has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code. (c) “Firearm accessory” means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to increase a firearm’s rate of fire or to increase the speed at which a person may reload a firearm or replace the magazine, or any other attachment or device described in subdivision (a) of Section 30515 of the Penal Code that may render a firearm an assault weapon when inserted into, affixed onto, or used in conjunction with a firearm. The term firearm accessory also includes any other device, tool, kit, part, or parts set that is clearly designed and intended for use in manufacturing firearms. (d) “Firearm-related product” means a firearm, ammunition, a firearm precursor part, a firearm component, firearm manufacturing machine, and a firearm accessory that meets any of the following conditions: (1) The item is sold, made, or distributed in California. (2) The item is intended to be sold or distributed in California. (3) The item is or was possessed in California and it was reasonably foreseeable that the item would be possessed in California. (e) “Firearm precursor part” has the same meaning as provided in Section 16531 of the Penal Code. (f) “Firearm industry member” shall mean a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale sale, or retail sale of firearm-related products. (g) “Firearm manufacturing machine” means a three-dimensional printer, as defined in Section 29185 of the Penal Code, a computer numerical control (CNC) milling machine, or a similar machine, that is marketed or sold as or is reasonably designed or intended to be used to manufacture or produce firearms, firearm components, or firearm accessories. (h) “Reasonable controls” means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following: (1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully. (2) Prevent the loss or theft of a firearm-related product from the firearm industry member. (3) Ensure that the firearm industry member complies with all provisions of California and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product. (4) Prevent the installation and use of a pistol converter, as defined in Section 17015 of the Penal Code, with a firearm. (Amended by Stats. 2025, Ch. 636, Sec. 1.5. (AB 1263) Effective January 1, 2026.)
  61. 3273.51.

    ## 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 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. )

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    Firearm industry members must follow the section’s standard of conduct, use reasonable controls, and follow notice, age-verification, and delivery rules for certain firearm-related products. They may not market or sell abnormally dangerous firearm-related products or engage in conduct that violates specified laws.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. ) ## 3273.51. (a) A firearm industry member shall comply with the firearm industry standard of conduct. It shall be a violation of the firearm industry standard of conduct for a firearm industry member to fail to comply with any requirement of this section. (b) A firearm industry member shall do both of the following: (1) Establish, implement, and enforce reasonable controls. (2) Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide a firearm-related product to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls. (c) A firearm industry member shall not manufacture, market, import, offer for wholesale sale, or offer for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California. For the purposes of this subdivision, the following shall apply: (1) A firearm-related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm’s inherent capacity to cause injury or lethal harm. (2) There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true: (A) The firearm-related product’s features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities. (B) The firearm-related product is designed, sold, or marketed in a manner that foreseeably promotes conversion of legal firearm-related products into illegal firearm-related products. (C) The firearm-related product is designed, sold, or marketed in a manner that is targeted at individuals who are legally prohibited from accessing firearms. (d) A firearm industry member shall not engage in any conduct related to the sale or marketing of firearm-related products that is in violation of the following sections: (1) Paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9) of subdivision (a) of Section 1770. (2) Section 17200 of the Business and Professions Code. (3) Section 17500 of the Business and Professions Code. (4) Section 17508 of the Business and Professions Code. (e) (1) Prior to completing the sale or delivery in California or to a California resident of a firearm accessory or a firearm manufacturing machine, as those terms are defined in Section 3273.50, or of a firearm barrel unattached to a firearm, a firearm industry member shall comply with all of the following requirements: (A) The firearm industry member shall provide a prospective purchaser with a clear and conspicuous notice of the information provided in paragraph (2). (B) The firearm industry member shall receive an acknowledgment from the prospective purchaser attesting that the prospective purchaser received and understands the notice provided in paragraph (2). (C) The firearm industry member shall require the prospective purchaser to provide proof of age and identity verifying that the prospective purchaser is at least 18 years of age. (2) The notice described in paragraph (1) shall clearly notify the prospective purchaser that it is generally a crime in California to engage in any of the following conduct without a valid license to manufacture firearms: (A) Manufacturing more than three firearms per calendar year in California. (B) Manufacturing a firearm using a three-dimensional printer or CNC milling machine. (C) Manufacturing a firearm for the purpose of selling or transferring ownership of that firearm to another individual who is not licensed to manufacture firearms. (D) Manufacturing a firearm for the purpose of selling, loaning, or transferring that firearm, with the intent to complete the sale, loan, or transfer without a required background check initiated by a licensed firearms dealer. (E) Allowing, facilitating, aiding, or abetting the manufacture of a firearm by a person who is legally prohibited from possessing firearms. (F) Manufacturing, or causing the manufacture of, assault weapons, machineguns, undetectable firearms, unserialized firearms, unsafe handguns that are not on the Department of Justice roster of handguns certified for sale in California, or other generally prohibited weapons. (3) For shipment and delivery of a firearm barrel, firearm accessory, or firearm manufacturing machine, the firearm industry member shall do all of the following: (A) Ensure all packages are conspicuously labeled with the words: “Signature and proof of identification of person aged 18 years or older required for delivery.” (B) Ensure the shipping instructions list an address that matches the purchaser’s identification. (C) Require the purchaser, upon delivery, to present a courier with proof of identification and the purchaser’s signature in order to receive the item. (4) This subdivision does not apply to the sale or delivery of a firearm barrel, firearm accessory, or firearm manufacturing machine to any of the following: (A) A federally licensed firearms dealer, manufacturer, or importer. (B) A licensed ammunition vendor. (C) A member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or law enforcement officer while on duty and acting within the scope and course of employment. (D) A forensic laboratory. (E) A wholesaler. (5) This subdivision does not apply to the delivery of a firearm barrel, firearm accessory, or firearm manufacturing machine to a licensed common carrier or an authorized agent or employee of a licensed common carrier, when acting in the course and scope of duties incident to the delivery of or receipt of these items. (Amended by Stats. 2025, Ch. 636, Sec. 2. (AB 1263) Effective January 1, 2026.)
  62. 3273.52.

    ## 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 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. )

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    Violations by a firearm industry member of the standard of conduct in Section 3273.51 can be sued on, and certain public officials and injured persons may bring civil actions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. ) ## 3273.52. (a) An act or omission by a firearm industry member in violation of the firearm industry standard of conduct set forth in Section 3273.51 shall be actionable under this section. (b) A person who has suffered harm in California because of a firearm industry member’s conduct described by subdivision (a) may bring an action in a court of competent jurisdiction. (c) (1) The Attorney General may bring a civil action in a court of competent jurisdiction in the name of the people of the State of California to enforce this title and remedy harm caused by a violation of this title. (2) A city attorney may bring a civil action in a court of competent jurisdiction in the name of the people of that city to enforce this title and remedy harm caused by a violation of this title. (3) A county counsel may bring a civil action in a court of competent jurisdiction in the name of the people of that county to enforce this title and remedy harm caused by a violation of this title. (d) If a court determines that a firearm industry member engaged in conduct described by subdivision (a), the court may award any or all of the following: (1) Injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating the law. (2) Damages. (3) Attorney’s fees and costs. (4) Any other appropriate relief necessary to enforce this title and remedy the harm caused by the conduct. (e) (1) In an action alleging that a firearm industry member failed to establish, implement, and enforce reasonable controls in violation of paragraph (1) of subdivision (b) of Section 3273.51, there shall be a rebuttable presumption that the firearm industry member failed to implement reasonable controls if both of the following conditions are satisfied: (A) The firearm industry member’s action or failure to act created a reasonably foreseeable risk that the harm alleged by the claimant would occur. (B) The firearm industry member could have established, implemented, and enforced reasonable controls to prevent or substantially mitigate the risk that the harm would occur. (2) If the rebuttable presumption described by paragraph (1) is established, the firearm industry member has the burden of proving by a preponderance of the evidence that the firearm industry member established, implemented, and enforced reasonable controls. (f) An intervening act by a third party, including, but not limited to, criminal misuse of a firearm-related product, shall not preclude a firearm industry member from liability under this section. (Added by Stats. 2022, Ch. 98, Sec. 3. (AB 1594) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 3273.55.)
  63. 3273.54.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. )

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    This section says the title should not be read to restrict other legal actions or other obligations, and it must be applied consistently with the California and U.S. Constitutions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. ) ## 3273.54. (a) This title shall not be construed or implied to limit or impair in any way the right of a person or entity to pursue a legal action under any other authority. (b) This title shall not be construed or implied to limit or impair in any way an obligation or requirement placed on a firearm industry member by any other authority. (c) This title shall be construed and applied in a manner that is consistent with the requirements of the California and the United States Constitutions. (Added by Stats. 2022, Ch. 98, Sec. 3. (AB 1594) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 3273.55.)
  64. 3273.55.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. )

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    This title becomes operative on July 1, 2023.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 20. Firearm Industry Responsibility Act [3273.50 - 3273.55] ( Title 20 added by Stats. 2022, Ch. 98, Sec. 3. ) ## 3273.55. This title shall become operative on July 1, 2023. (Added by Stats. 2022, Ch. 98, Sec. 3. (AB 1594) Effective January 1, 2023.)
  65. 3273.60.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 21. Firearm Manufacturing [3273.60 - 3273.625] ( Title 21 added by Stats. 2023, Ch. 243, Sec. 2. )

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    This section defines terms used in Title 21 on firearm manufacturing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 21. Firearm Manufacturing [3273.60 - 3273.625] ( Title 21 added by Stats. 2023, Ch. 243, Sec. 2. ) ## 3273.60. As used in this title, the following definitions apply: (a) “Digital firearm manufacturing code” means any digital instructions in the form of computer-aided design files, computer-aided manufacturing files, or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a CNC milling machine, a three-dimensional printer, or a similar machine, to manufacture or produce any of the following: (1) A firearm, including a completed frame or receiver or a firearm precursor part. (2) A large-capacity magazine, as defined in Section 16740 of the Penal Code. (3) A large-capacity magazine conversion kit, as defined in Section 32311 of the Penal Code. (4) A machinegun, as defined in Section 16880 of the Penal Code, including devices commonly known as switches or auto-sear devices. (5) A multiburst trigger activator, as defined in Section 16930 of the Penal Code. (6) A silencer, as defined in Section 17210 of the Penal Code. (7) A firearm accessory, as defined in Section 3273.50. (8) A firearm barrel. (b) “Federally licensed firearms manufacturer” means a person, firm, corporation, or other entity that holds a valid license to manufacture firearms issued pursuant to Chapter 44 (commencing with Section 921) of Part I of Title 18 of the United States Code and regulations issued pursuant thereto. (c) “Firearm” has the same meaning as in subdivisions (a) and (b) of Section 16520 of the Penal Code. (d) “Three-dimensional printer” means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object. (Amended by Stats. 2025, Ch. 636, Sec. 3. (AB 1263) Effective January 1, 2026.)
  66. 3273.61.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 21. Firearm Manufacturing [3273.60 - 3273.625] ( Title 21 added by Stats. 2023, Ch. 243, Sec. 2. )

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    This section allows civil lawsuits against people who knowingly distribute digital firearm manufacturing code or violate Penal Code Section 29185, and it lets harmed people and certain public attorneys seek damages, injunctions, penalties, and fees.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 21. Firearm Manufacturing [3273.60 - 3273.625] ( Title 21 added by Stats. 2023, Ch. 243, Sec. 2. ) ## 3273.61. (a) A civil action may be brought against a person who knowingly does either of the following: (1) Distributes or causes to be distributed, by any means including the internet, any digital firearm manufacturing code to any other person in this state who is not a federally licensed firearms manufacturer, member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory. (2) Commits an act that violates Section 29185 of the Penal Code, regardless of whether the act results in a conviction. (b) (1) In awarding compensatory damages under subdivision (c), a court shall hold a person who commits an act described in subdivision (a) strictly liable for any personal injury or property damage inflicted by the use of a firearm or other device that was unlawfully manufactured or produced as a result of the person’s violation, including a firearm or device manufactured or produced in whole or in part using the digital firearm manufacturing code that the person distributed or caused to be distributed in violation of paragraph (1) of subdivision (a), or a firearm or device that was unlawfully manufactured by means of a computer numerical control (CNC) milling machine, a three-dimensional printer, or a similar machine as a result of the person’s act in violation of paragraph (2) of subdivision (a). (2) This subdivision does not apply to any injury or property damage sustained by a person who commits an unlawful act described in subdivision (a). (c) (1) A person who has suffered harm in California as a result of a violation of this section may bring an action in a court of competent jurisdiction to establish that a person has violated this section, and may seek compensatory damages as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law. (2) The Attorney General, county counsel, or city attorney may bring an action in any court of competent jurisdiction to establish that a person has violated this section and may seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law. (d) A prevailing plaintiff shall be entitled to recover reasonable attorney’s fees and costs. (e) The remedies provided by this section are cumulative and shall not be construed as restricting any other rights, causes of action, claims, or defenses available under any other law. (f) There shall be a rebuttable presumption that a person has violated paragraph (1) of subdivision (a) of this section if both of the following are true: (1) The person owns or participates in the management of an internet website or other electronic portal, database, or platform that makes digital firearm manufacturing code available for purchase, download, or other distribution to individuals in California who are not federally licensed firearms manufacturers and who are not otherwise described in paragraph (1) of subdivision (a). (2) Under the totality of the circumstances, the internet website or other electronic portal, database, or platform encourages individuals who access or use the internet website or electronic portal, database, or platform to upload or disseminate digital firearm manufacturing code or to use digital firearm manufacturing code to manufacture firearms, firearm accessories, or other devices described in subdivision (a) of Section 3273.60. (Amended by Stats. 2025, Ch. 636, Sec. 4. (AB 1263) Effective January 1, 2026.)
  67. 3273.62.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 21. Firearm Manufacturing [3273.60 - 3273.625] ( Title 21 added by Stats. 2023, Ch. 243, Sec. 2. )

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    A person must not market or sell a CNC milling machine or 3D printer in a way that knowingly or recklessly helps conduct banned by Penal Code Section 29185. Harmed people may sue for relief, and state and local prosecutors may seek civil penalties and injunctions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 21. Firearm Manufacturing [3273.60 - 3273.625] ( Title 21 added by Stats. 2023, Ch. 243, Sec. 2. ) ## 3273.62. (a) A person shall not sell, offer to sell, transfer, advertise, or market a CNC milling machine or three-dimensional printer in a manner that knowingly or recklessly causes another person in this state to engage in conduct prohibited by Section 29185 of the Penal Code, or in a manner that otherwise knowingly or recklessly aids, abets, promotes, or facilitates conduct prohibited by that section. (b) There shall be a rebuttable presumption that a person is engaged in conduct in violation of subdivision (a) if both of the following are true: (1) The person offers to sell, advertises, or markets a CNC milling machine or three-dimensional printer in a manner that, under the totality of the circumstances, is targeted at purchasers seeking to manufacture firearms or that otherwise affirmatively promotes the machine or printer’s utility in manufacturing firearms, regardless of whether the machine or printer is otherwise described or classified as having any other capabilities. (2) The person sells or transfers the CNC milling machine or three-dimensional printer described in paragraph (1) without verifying that a purchaser or transferee in this state is a federally licensed firearms manufacturer or not otherwise prohibited from purchasing or using the machine or printer to manufacture firearms under Section 29185 of the Penal Code. (c) A person who has suffered harm because of conduct in violation of this section, including conduct in violation of Section 29185 of the Penal Code that was precipitated by a violation of this section, may bring an action in a court of competent jurisdiction to seek appropriate relief, which may include injunctive relief sufficient to prevent the person and any other defendant from further violating the law, compensatory or statutory damages, punitive damages, reasonable attorney’s fees and costs, and any other appropriate relief necessary to enforce this title and remedy the harm caused by the violation. (d) In the name of the people of the State of California, the Attorney General, county counsel, or city attorney may bring an action in any court of competent jurisdiction to establish that a person has violated this section, or Section 29185 of the Penal Code, and seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law. (Added by Stats. 2023, Ch. 243, Sec. 2. (AB 1089) Effective January 1, 2024.)
  68. 3273.625.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 21. Firearm Manufacturing [3273.60 - 3273.625] ( Title 21 added by Stats. 2023, Ch. 243, Sec. 2. )

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    This section makes it unlawful to knowingly, willfully, or recklessly help cause the unlawful manufacture of firearms. It also lets harmed persons and public prosecutors bring civil actions for damages, injunctions, penalties, and fees.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 21. Firearm Manufacturing [3273.60 - 3273.625] ( Title 21 added by Stats. 2023, Ch. 243, Sec. 2. ) ## 3273.625. (a) It is unlawful to knowingly, willfully, or recklessly cause another person to engage in the unlawful manufacture of firearms, or to knowingly, willfully, or recklessly aid, abet, promote, or facilitate the unlawful manufacture of firearms. (b) As used in this section, the “unlawful manufacture of firearms” shall have the same meaning provided in subdivision (b) of Section 29186 of the Penal Code. (c) (1) A person who has suffered harm in California as a result of a violation of this section may bring an action in a court of competent jurisdiction to establish that a person has violated this section, and may seek compensatory damages as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law. (2) The Attorney General, county counsel, or city attorney may bring an action in a court of competent jurisdiction to establish that a person has violated this section, and may seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law. (d) A prevailing plaintiff shall be entitled to recover reasonable attorney’s fees and costs. (e) The remedies provided by this section are cumulative and shall not be construed as restricting any other rights, causes of action, claims, or defenses available under any other law. (Added by Stats. 2025, Ch. 636, Sec. 5. (AB 1263) Effective January 1, 2026.)
  69. 3273.65.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. )

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    This section defines terms used in Title 22 about child sexual abuse material on social media platforms.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. ) ## 3273.65. As used in this title: (a) “Child pornography” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time. (b) “Child sexual abuse material” means either of the following: (1) Child pornography. (2) Obscene matter that depicts a minor personally engaging in, or personally simulating, sexual conduct. (c) “Identifiable minor” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time. (d) “Minor” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time. (e) “Obscene matter” has the same meaning as defined in Section 311 of the Penal Code. (f) “Reporting user” means a natural person who reports material to a social media platform using the means provided by the social media platform pursuant to Section 3273.61. (g) (1) “Social media company” has, except as provided in paragraph (2), the same meaning as defined in Section 22675 of the Business and Professions Code. (2) “Social media company” does not include a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code. (h) (1) “Social media platform” has, except as provided in paragraph (2), the same meaning as defined in Section 22675 of the Business and Professions Code. (2) “Social media platform” does not include either of the following: (A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication. (B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code. (Added by Stats. 2023, Ch. 579, Sec. 2. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)
  70. 3273.66.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. )

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    A social media platform must provide a user reporting mechanism, contact the reporter in writing, block reported child sexual abuse material, send updates, and issue a final determination within set 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 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. ) ## 3273.66. A social media platform shall do all of the following: (a) Provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes meets all of the following criteria: (1) The reported material is child sexual abuse material. (2) The reporting user is an identifiable minor depicted in the reported material. (3) The reported material is displayed, stored, or hosted on the social media platform. (b) Collect information reasonably sufficient to enable the social media platform to contact, pursuant to subdivision (c), a reporting user. (c) A social media platform shall contact a reporting user in writing by a method, including, but not limited to, a telephone number for purposes of sending text messages, or an email address, that meets both of the following criteria: (1) The method is chosen by the reporting user. (2) The method is not a method that is within the control of the social media company that owns or operates the social media platform. (d) (1) Permanently block the instance of reported material from being viewable on the social media platform if the reported material meets all of the following criteria: (A) There is a reasonable basis to believe that the reported material is child sexual abuse material. (B) The reported material is displayed, stored, or hosted on the social media platform. (C) (i) The report contains basic identifying information, such as an account identifier, sufficient to permit the social media platform to locate the reported material. (ii) A social media platform shall not require a report to contain a specific piece of information for purposes of this subparagraph. (2) A social media platform shall make reasonable efforts to remove and block other instances of the same reported material blocked pursuant to this subdivision from being viewable on the social media platform. (e) Provide written confirmation to a reporting user that the social media platform received that person’s report that meets all of the following criteria: (1) The written confirmation is provided to the reporting user within 36 hours of when the material was first reported. (2) The written confirmation is provided using the information collected from the reporting user under subdivision (b). (3) The written confirmation informs the reporting user of the schedule of regular written updates that the social media platform is required to make under subdivision (f). (f) (1) Provide a written update to the reporting user as to the status of the social media platform’s handling of the reported material using the information collected from the reporting user under subdivision (b). (2) The written update required by this subdivision shall be provided seven days after the date on which the written confirmation required under subdivision (e) was provided and every seven days thereafter until the final written determination required by subdivision (g) is provided. (g) Issue a final written determination to the reporting user, using the information collected from the reporting user under subdivision (b), stating one of the following: (1) The reported material has been determined to be child sexual abuse material that was displayed, stored, or hosted on the social media platform and has been blocked on the social media platform. (2) The reported material has been determined not to be child sexual abuse material. (3) The reported material has been determined not to be displayed, stored, or hosted on the social media platform. (h) (1) Except as provided in paragraph (2), comply with subdivisions (c) to (g), inclusive, no later than 30 days after the date on which material was first reported pursuant to this section. (2) (A) If the social media platform cannot comply with subdivisions (c) to (g), inclusive, due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with subdivisions (c) to (g), inclusive, no later than 60 days after the date on which material was first reported pursuant to this section. (B) If this paragraph applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b). (Added by Stats. 2023, Ch. 579, Sec. 2. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)
  71. 3273.67.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. )

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    A social media company that does not comply with this title can be liable to a reporting user for damages and other court-ordered relief.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. ) ## 3273.67. (a) A social media company that fails to comply with the requirements of this title shall be liable to a reporting user for all of the following: (1) Any actual damages sustained by the reporting user as a result of the violation. (2) (A) (i) Subject to clauses (ii) and (iii), statutory damages of no more than two hundred fifty thousand dollars ($250,000) per violation. (ii) If a social media platform has permanently blocked the instance of the reported material pursuant to subdivision (d) of Section 3273.66 before a complaint is filed for a violation of this title, the maximum statutory damages awarded pursuant to clause (i) shall be one hundred twenty-five thousand dollars ($125,000) per violation. (iii) If a social media platform meets all of the following requirements, the maximum statutory damages awarded pursuant to clause (i) for a violation of subdivisions (d) to (g), inclusive, of Section 3273.66 shall be seventy-five thousand dollars ($75,000) per violation: (I) The social media platform registers with, and participates in, the National Center for Missing and Exploited Children’s Take It Down service or its successor. (II) The social media platform receives updated hash values for identified child sexual abuse material from the National Center for Missing and Exploited Children’s Take It Down service, or its successor, at least once every 36 hours. (III) Within 36 hours of receiving updated hash values for identified child sexual abuse material from the National Center for Missing and Exploited Children’s Take it Down service, or its successor, pursuant to subclause (II), the social media platform removes child sexual abuse material identified by hash values from the social media platform. (IV) The social media platform reports identified child sexual abuse material to the National Center for Missing and Exploited Children’s CyberTipline, as required by Section 2258A of Title 18 of the United States Code. (V) The social media platform provides to a reporting user both of the following when a user reports child sexual abuse material to the platform directly: (ia) Written confirmation to the reporting user that the social media platform received that person’s report within 36 hours after the child sexual abuse material was reported. (ib) A final written determination to the reporting user within 30 days after the date on which the material was first reported. (B) In determining the amount of statutory damages pursuant to this paragraph, a court shall consider the willfulness and severity of the violation and whether the social media platform has previously violated this title. (3) Costs of the action, together with reasonable attorney’s fees, as determined by the court. (4) Any other relief that the court deems proper. (b) The failure of a social media platform to comply with subdivisions (c) to (g), inclusive, of Section 3273.66 within 60 days after the date on which material was first reported pursuant to Section 3273.66 shall establish a rebuttable presumption that the reporting user is entitled to statutory damages under this section. (c) This title shall not be construed to limit or impair in any way a cause of action under paragraph (1) of Section 1710. (Added by Stats. 2023, Ch. 579, Sec. 2. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)
  72. 3273.68.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. )

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    A waiver of this title’s provisions is void and unenforceable because it is contrary to public policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. ) ## 3273.68. A waiver of the provisions of this title is contrary to public policy and is void and unenforceable. (Added by Stats. 2023, Ch. 579, Sec. 2. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)
  73. 3273.69.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. )

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    This title is severable: if one provision or application is invalid, the rest can still operate if they work without 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 22. Child Sexual Abuse Material Hosted on a Social Media Platform [3273.65 - 3273.69] ( Title 22 added by Stats. 2023, Ch. 579, Sec. 2. ) ## 3273.69. The provisions of this title are severable. If any provision of this title 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. 2023, Ch. 579, Sec. 2. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)
  74. 3273.90.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 25. Social Media Platforms Endangering Californians [3273.90 - 3273.91] ( Title 25 added by Stats. 2025, Ch. 464, Sec. 2. )

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    This section defines several terms used in Title 25, including “clear and conspicuous,” “dark pattern,” “personal information,” and “social media platform.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 25. Social Media Platforms Endangering Californians [3273.90 - 3273.91] ( Title 25 added by Stats. 2025, Ch. 464, Sec. 2. ) ## 3273.90. As used in this title: (a) “Clearly and conspicuously” or “clear and conspicuous” has the same meaning as defined in Section 17601 of the Business and Professions Code. (b) “Dark pattern” has the same meaning as defined in subdivision (l) of Section 1798.140. (c) “Personal information” has the same meaning as defined in subdivision (v) of Section 1798.140 and any regulations promulgated thereunder. (d) “Social media platform” means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues. (Added by Stats. 2025, Ch. 464, Sec. 2. (AB 656) Effective January 1, 2026.)
  75. 3273.91.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 25. Social Media Platforms Endangering Californians [3273.90 - 3273.91] ( Title 25 added by Stats. 2025, Ch. 464, Sec. 2. )

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    Social media platforms must give users a clear, visible way to delete their account and must not block or interfere with that process.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 25. Social Media Platforms Endangering Californians [3273.90 - 3273.91] ( Title 25 added by Stats. 2025, Ch. 464, Sec. 2. ) ## 3273.91. (a) A social media platform shall provide a clear and conspicuous button that enables the user to delete their account that meets both of the following: (1) Is clearly and conspicuously placed as an immediately visible option in the social media platform’s settings menu with the words “Delete Account.” (2) The settings menu containing the button is accessible in the application, on a browser, or on any other format that a user can use to access the social media platform. (b) (1) If a user clicks on the button required by subdivision (a), the social media platform shall, when the button is clicked, provide a user with the steps necessary to complete an account deletion request, which shall include deletion of the user’s personal information. (2) If the social media platform seeks verification of the request to delete the account, that verification shall be done in a cost-effective and easy-to-use manner when the request in paragraph (1) is submitted through preestablished two-factor authentication, email, text message, telephone call, or message. (c) A social media platform shall not obstruct or interfere with a user’s ability to delete their account, including, but not limited to, by using dark patterns. (d) A request submitted pursuant to subdivision (b) shall constitute a request to delete the user’s personal information pursuant to Section 1798.105 and shall be processed in accordance with the requirements of the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100)). (e) A user login to an account for which a request under subdivision (b) has been submitted shall not, by itself, revoke that request. (Added by Stats. 2025, Ch. 464, Sec. 2. (AB 656) Effective January 1, 2026.)
  76. 3274.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 1. RELIEF IN GENERAL [3274 - 3275] ( Title 1 enacted 1872. )

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    Compensation is the ordinary remedy for violating private rights, and specific or preventive relief is limited to the cases listed in this Part.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 1. RELIEF IN GENERAL [3274 - 3275] ( Title 1 enacted 1872. ) ## 3274. As a general rule, compensation is the relief or remedy provided by the law of this State for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified in this Part of the Civil Code. (Enacted 1872.)
  77. 3275.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 1. RELIEF IN GENERAL [3274 - 3275] ( Title 1 enacted 1872. )

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    A party who loses a forfeiture for failing to comply with an obligation may be relieved from it if they make full compensation to the other party, unless the breach was grossly negligent, willful, or fraudulent.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 1. RELIEF IN GENERAL [3274 - 3275] ( Title 1 enacted 1872. ) ## 3275. Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty. (Enacted 1872.)
  78. 3281.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. General Principles [3281 - 3283] ( Article 1 enacted 1872. )

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    A person who suffers detriment from another’s unlawful act or omission may recover money damages from the person at fault.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. General Principles [3281 - 3283] ( Article 1 enacted 1872. ) ## 3281. Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages. (Enacted 1872.)
  79. 3282.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. General Principles [3281 - 3283] ( Article 1 enacted 1872. )

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    This section defines “detriment” as loss or harm suffered in person or property.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. General Principles [3281 - 3283] ( Article 1 enacted 1872. ) ## 3282. Detriment is a loss or harm suffered in person or property. (Enacted 1872.)
  80. 3283.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. General Principles [3281 - 3283] ( Article 1 enacted 1872. )

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    Damages may be awarded in a judicial proceeding for harm that results after the case begins or is certain to happen in the future.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. General Principles [3281 - 3283] ( Article 1 enacted 1872. ) ## 3283. Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future. (Enacted 1872.)
  81. 3287.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. )

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    This section lets certain judgment creditors recover interest on damages, with special rules for unliquidated contract claims and tax or fee claims against public entities.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. ) ## 3287. (a) A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. This section is applicable to recovery of damages and interest from any debtor, including the state or any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state. (b) Every person who is entitled under any judgment to receive damages based upon a cause of action in contract where the claim was unliquidated, may also recover interest thereon from a date prior to the entry of judgment as the court may, in its discretion, fix, but in no event earlier than the date the action was filed. (c) Unless another statute provides a different interest rate, in a tax or fee claim against a public entity that results in a judgment against the public entity, interest shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury yield, but shall not exceed 7 percent per annum. That rate shall control until the judgment becomes enforceable under Section 965.5 or 970.1 of the Government Code, at which time interest shall accrue at an annual rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 percent, but shall not exceed 7 percent per annum. (Amended by Stats. 2013, Ch. 424, Sec. 1. (AB 748) Effective January 1, 2014.)
  82. 3288.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. )

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    In certain non-contract cases and cases involving oppression, fraud, or malice, the jury may award interest as damages.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. ) ## 3288. In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury. (Enacted 1872.)
  83. 3289.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. )

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    This section says contractual interest keeps accruing after a breach, and if a later contract does not specify a legal interest rate, the obligation bears interest at 10% per year after breach.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. ) ## 3289. (a) Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation. (b) If a contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation shall bear interest at a rate of 10 percent per annum after a breach. For the purposes of this subdivision, the term contract shall not include a note secured by a deed of trust on real property. (Amended by Stats. 1986, Ch. 176, Sec. 1. Effective June 23, 1986.)
  84. 3289.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. )

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    For Section 3289, the contracted finance charge rate is the legal rate of interest stated in a qualifying retail installment contract.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. ) ## 3289.5. For purposes of Section 3289, the rate of the contracted finance charge shall be the legal rate of interest stipulated by a retail installment contract subject to Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3. (Added by Stats. 1985, Ch. 224, Sec. 1.)
  85. 3290.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. )

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    Accepting payment of the whole principal waives any claim to interest.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. ) ## 3290. Accepting payment of the whole principal, as such, waives all claim to interest. (Enacted 1872.)
  86. 3291.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. )

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    A plaintiff in a personal injury damages case may claim interest on the damages, subject to this section’s conditions and exceptions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Interest as Damages [3287 - 3291] ( Article 2 enacted 1872. ) ## 3291. In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person, corporation, association, or partnership, whether by negligence or by willful intent of the other person, corporation, association, or partnership, and whether the injury was fatal or otherwise, it is lawful for the plaintiff in the complaint to claim interest on the damages alleged as provided in this section. If the plaintiff makes an offer pursuant to Section 998 of the Code of Civil Procedure which the defendant does not accept prior to trial or within 30 days, whichever occurs first, and the plaintiff obtains a more favorable judgment, the judgment shall bear interest at the legal rate of 10 percent per annum calculated from the date of the plaintiff’s first offer pursuant to Section 998 of the Code of Civil Procedure which is exceeded by the judgment, and interest shall accrue until the satisfaction of judgment. This section shall not apply to a public entity, or to a public employee for an act or omission within the scope of employment, and neither the public entity nor the public employee shall be liable, directly or indirectly, to any person for any interest imposed by this section. (Added by Stats. 1982, Ch. 150, Sec. 1.)
  87. 3294.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Exemplary Damages [3294 - 3296] ( Article 3 enacted 1872. )

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    This section allows a plaintiff to seek exemplary damages for non-contract claims when oppression, fraud, or malice is proven by clear and convincing evidence, and limits when an employer is liable for employee conduct.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Exemplary Damages [3294 - 3296] ( Article 3 enacted 1872. ) ## 3294. (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. (b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation. (c) As used in this section, the following definitions shall apply: (1) “Malice” means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (2) “Oppression” means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights. (3) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury. (d) Damages may be recovered pursuant to this section in an action pursuant to Chapter 4 (commencing with Section 377.10) of Title 3 of Part 2 of the Code of Civil Procedure based upon a death which resulted from a homicide for which the defendant has been convicted of a felony, whether or not the decedent died instantly or survived the fatal injury for some period of time. The procedures for joinder and consolidation contained in Section 377.62 of the Code of Civil Procedure shall apply to prevent multiple recoveries of punitive or exemplary damages based upon the same wrongful act. (e) The amendments to this section made by Chapter 1498 of the Statutes of 1987 apply to all actions in which the initial trial has not commenced prior to January 1, 1988. (Amended by Stats. 1992, Ch. 178, Sec. 5. Effective January 1, 1993.)
  88. 3295.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Exemplary Damages [3294 - 3296] ( Article 3 enacted 1872. )

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    This section lets a court limit discovery and evidence about a defendant’s profits or financial condition in exemplary damages cases, and it forbids stating an amount for exemplary damages claims.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Exemplary Damages [3294 - 3296] ( Article 3 enacted 1872. ) ## 3295. (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: (1) The profits the defendant has gained by virtue of the wrongful course of conduct of the nature and type shown by the evidence. (2) The financial condition of the defendant. (b) Nothing in this section shall prohibit the introduction of prima facie evidence to establish a case for damages pursuant to Section 3294. (c) No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the court enters an order permitting such discovery pursuant to this subdivision. However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition referred to in subdivision (a), and the defendant may be required to identify documents in the defendant’s possession which are relevant and admissible for that purpose and the witnesses employed by or related to the defendant who would be most competent to testify to those facts. Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial. (d) The court shall, on application of any defendant, preclude the admission of evidence of that defendant’s profits or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section 3294. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. Evidence of profit and financial condition shall be presented to the same trier of fact that found for the plaintiff and found one or more defendants guilty of malice, oppression, or fraud. (e) No claim for exemplary damages shall state an amount or amounts. (f) The amendments to this section made by Senate Bill No. 241 of the 1987–88 Regular Session apply to all actions in which the initial trial has not commenced prior to January 1, 1988. (Amended by Stats. 1987, Ch. 1498, Sec. 6.)
  89. 3296.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Exemplary Damages [3294 - 3296] ( Article 3 enacted 1872. )

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    If punitive damages are awarded against an insurer or health care service plan, the plaintiff must send specified documents to the relevant regulator within 10 days; willful noncompliance can lead to sanctions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 1. Damages in General [3281 - 3296] ( Chapter 1 enacted 1872. ) ## ARTICLE 3. Exemplary Damages [3294 - 3296] ( Article 3 enacted 1872. ) ## 3296. (a) Whenever a judgment for punitive damages is entered against an insurer or health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code, the plaintiff in the action shall, within 10 days of entry of judgment, provide all of the following to the Commissioner of the Department of Insurance or the Director of the Department of Managed Health Care, whichever commissioner has regulatory jurisdiction over the insurer or health care service plan: (1) A copy of the judgment. (2) A brief recitation of the facts of the case. (3) Copies of relevant pleadings, as determined by the plaintiff. (b) The willful failure to comply with this section may, at the discretion of the trial court, result in the imposition of sanctions against the plaintiff or his or her attorney. (c) This section shall apply to all judgments entered on or after January 1, 1995. (d) “Insurer,” for purposes of this section, means any person or entity transacting any of the classes of insurance described in Chapter 1 (commencing with Section 100) of Part 1 of Division 1 of the Insurance Code. (Amended by Stats. 2000, Ch. 857, Sec. 5. Effective January 1, 2001.)
  90. 3301.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    Damages for breach of contract are not recoverable unless they are clearly ascertainable in both nature and origin.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3301. No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin. (Enacted 1872.)
  91. 3302.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    If a money-only payment obligation is breached, the detriment is treated as the amount due under the obligation plus interest.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3302. The detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon. (Enacted 1872.)
  92. 3304.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    This section sets the measure of damages for breach of certain real-property covenants, including seizin, right to convey, warranty, and quiet enjoyment.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3304. The detriment caused by the breach of a covenant of “seizin,” of “right to convey,” of “warranty,” or of “quiet enjoyment,” in a grant of an estate in real property, is deemed to be: 1. The price paid to the grantor; or, if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore at the time of the grant to the value of the whole property; 2. Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding five years; 3. Any expenses properly incurred by the covenantee in defending his possession. (Enacted 1872.)
  93. 3305.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    For a breach of a covenant against encumbrances in a real-property grant, damages are measured by what the covenantee actually spent to clear the encumbrance, subject to stated caps.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3305. The detriment caused by the breach of a covenant against incumbrances in a grant of an estate in real property is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof, not exceeding in the former case a proportion of the price paid to the grantor equivalent to the relative value at the time of the grant of the property affected by the breach, as compared with the whole, or, in the latter case, interest on a like amount. (Enacted 1872.)
  94. 3306.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    For a breach of an agreement to convey real property, damages are measured by the price paid, certain title and paper-preparation expenses, the price/value difference at breach, preparation-to-enter expenses, consequential damages proved, and interest.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3306. The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed at the time of the breach, the expenses properly incurred in preparing to enter upon the land, consequential damages according to proof, and interest. (Amended by Stats. 1983, Ch. 262, Sec. 1.)
  95. 3306a

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    For a breach of an agreement to give a quitclaim deed for real property, the minimum detriment is the promisee’s title-quieting costs and related entry expenses, including reasonable attorneys’ fees.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3306a. The minimum detriment caused by the breach of an agreement to execute and deliver a quitclaim deed to real property is deemed to be the expenses incurred by the promisee in quieting title to such property, and the expenses incidental to the entry upon such property. Such expenses which shall include reasonable attorneys’ fees shall be fixed by the court in the quiet title action. (Added by Stats. 1935, Ch. 661.)
  96. 3307.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    For breach of an agreement to buy real property, damages are measured by the seller’s contract amount over the property’s value to the seller, plus proven consequential damages and interest.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3307. The detriment caused by the breach of an agreement to purchase an estate in real property is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract over the value of the property to him or her, consequential damages according to proof, and interest. (Amended by Stats. 1983, Ch. 262, Sec. 2.)
  97. 3308.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    Parties to a lease may agree that, after a lessee breach and lease termination by the lessor, the lessor can recover a specified lease-damages amount; they may also agree to a time limit for using that remedy.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3308. The parties to any lease of real or personal property may agree therein that if the lease shall be terminated by the lessor by reason of any breach thereof by the lessee, the lessor shall thereupon be entitled to recover from the lessee the worth at the time of the termination, of the excess, if any, of the amount of rent and charges equivalent to rent reserved in the lease for the balance of the stated term or any shorter period of time over the then reasonable rental value of the property for the same period. The rights of the lessor under the agreement shall be cumulative to all other rights or remedies now or hereafter given to the lessor by law or by the terms of the lease; provided, however, that the election of the lessor to exercise the remedy hereinabove permitted shall be binding upon him or her and exclude recourse thereafter to any other remedy for rental or charges equivalent to rental or damages for breach of the covenant to pay the rent or charges accruing subsequent to the time of the termination. The parties to the lease may further agree therein that unless the remedy provided by this section is exercised by the lessor within a specified time the right thereto shall be barred. This section does not apply to a lease of real property unless (a) the lease was executed before July 1, 1971, or (b) the terms of the lease were fixed by a lease, option, or other agreement executed before July 1, 1971. This section does not apply to leases subject to Division 10 (commencing with Section 10101) of the Commercial Code. (Amended by Stats. 1988, Ch. 1368, Sec. 2. Operative January 1, 1990, by Sec. 18 of Ch. 1368.)
  98. 3315.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    If a carrier breaches its duty to accept freight, messages, or passengers, damages are measured by the difference between the carrier’s charge and the cost of the same service when it should have been performed.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3315. The detriment caused by the breach of a carrier’s obligation to accept freight, messages, or passengers, is deemed to be the difference between the amount which he had a right to charge for the carriage and the amount which it would be necessary to pay for the same service when it ought to be performed. (Enacted 1872.)
  99. 3316.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    If a carrier breaches its duty to deliver freight, damages are generally the freight’s value at the place and time it should have been delivered, minus the freightage that would have been owed if delivery had been completed.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3316. The detriment caused by the breach of a carrier’s obligation to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery. (Enacted 1872.)
  100. 3317.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    If a carrier delays delivery of freight, the detriment is measured by the freight’s depreciation in intrinsic value during the delay, plus any market-value depreciation at the place and time delivery should have occurred.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3317. The detriment caused by a carrier’s delay in the delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it ought to have been delivered, and between the day at which it ought to have been delivered, and the day of its actual delivery. (Enacted 1872.)
  101. 3318.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    For a breach of an agent’s warranty of authority, damages are treated as the amount that could have been recovered from the principal if the warranty had been true, plus reasonable good-faith legal expenses.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3318. The detriment caused by the breach of a warranty of an agent’s authority, is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal. (Enacted 1872.)
  102. 3319.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    In certain written contracts for private works of improvement, the contracting party and design professional may agree to a late payment penalty instead of interest, and the penalty terms must be written into the contract.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3319. (a) In each written contract for private works of improvement entered into on or after January 1, 1996, the contracting party and the design professional may agree to contractual provisions that include a late payment penalty, in lieu of any interest otherwise due. The terms of the late payment penalty shall be specifically set forth in the written contract. (b) The penalty authorized pursuant to subdivision (a) shall be separate from, and in addition to, the design professionals liens provided by Chapter 3 (commencing with Section 8300) of Title 2 of Part 6 of Division 4, mechanics liens provided by Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4, and stop payment notices provided by Chapter 5 (commencing with Section 8500) of Title 2 of Part 6 of Division 4. (c) None of the rights or obligations created or permitted by this section between design professionals and contracting parties shall apply to construction loan funds held by a lender pursuant to a construction loan agreement. (d) For purposes of this section, the following definitions apply: (1) “Contracting party” means any person or entity entering into a written contract with a design professional for professional design services for a private work of improvement. (2) “Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code. (Amended by Stats. 2010, Ch. 697, Sec. 17. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  103. 3320.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    For covered public works contracts, the public agency must pay progress and retention payments within set deadlines after a written demand.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3320. (a) In each contract for public works of improvement, entered into on or after January 1, 1996, the public agency shall pay to the prime design professional any progress payment within 30 days of receipt of a written demand for payment in accordance with the contract, and the final retention payment within 45 days of receipt of a written demand for payment in accordance with the contract. If the public agency disputes in good faith any portion of the amount due, it may withhold from the payment an amount not to exceed 150 percent of the disputed amount. The disputed amount withheld is not subject to any penalty authorized by this section. (b) If any amount is wrongfully withheld or is not timely paid in violation of this section, the prime design professional shall be entitled to a penalty of 11/2 percent for the improperly withheld amount, in lieu of any interest otherwise due, per month for every month that payment is not made. In any action for the collection of amounts withheld in violation of this section, the prevailing party is entitled to his or her reasonable attorney’s fees and costs. (c) The penalty described in subdivision (b) is separate from, and in addition to, the design professionals liens provided by Chapter 3 (commencing with Section 8300) of Title 2 of Part 6 of Division 4, mechanics liens provided by Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4, and stop payment notices on public works provided by Chapter 4 (commencing with Section 9350) of Title 3 of Part 6 of Division 4. (d) This section does not apply to state agency contracts subject to Section 927.6 of the Government Code. (e) None of the rights or obligations created by this section between prime design professionals and public agencies apply to construction loan funds held by a lender pursuant to a construction loan agreement. (f) For purposes of this section: (1) “Public agency” means the state, any county, any city, any city and county, any district, any public authority, any public agency, any municipal corporation, or other political subdivision or political corporation of the state. (2) “Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code. (3) “Prime design professional” means a design professional with a written contract directly with the public agency. (Amended by Stats. 2010, Ch. 697, Sec. 18. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  104. 3321.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    A prime design professional on a public works contract must pay subconsultant design professionals within 15 days after receiving progress or final retention payments.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3321. (a) In each contract for public works of improvement, a prime design professional shall pay to each subconsultant design professional the amount due him or her from the payment received, not later than 15 days after receipt of each progress payment or final retention payment. If the prime design professional disputes in good faith any portion of the amount due, he or she may withhold from the payment an amount not to exceed 150 percent of the disputed amount. The disputed amount withheld shall not be subject to any penalty authorized by this section. (b) If any amount is wrongfully withheld or is not timely paid in violation of this section, the subconsultant design professional shall be entitled to a penalty of 11/2 percent of the improperly withheld amount, in lieu of any interest otherwise due, per month, for each month that payment is not made. In any action for the collection of amounts withheld in violation of this section, the prevailing party shall be entitled to his or her reasonable attorney’s fees and costs. (c) The penalty described in subdivision (b) shall be separate from, and in addition to, the design professionals liens provided by Chapter 3 (commencing with Section 8300) of Title 2 of Part 6 of Division 4, mechanics liens provided by Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4, and stop payment notices on public works provided by Chapter 4 (commencing with Section 9350) of Title 3 of Part 6 of Division 4. (d) None of the rights or obligations created by this section between prime design professionals and subconsultant design professionals shall apply to construction loan funds held by a lender pursuant to a construction loan agreement. (e) For purposes of this section: (1) “Public agency” means the state, any county, any city, any city and county, any district, any public authority, any public agency, any municipal corporation, or other political subdivision or political corporation of the state. (2) “Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code. (3) “Prime design professional” means a design professional having a written contract directly with the public agency. (4) “Subconsultant design professional” means a design professional having a written contract with a prime design professional. (Amended by Stats. 2010, Ch. 697, Sec. 19. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  105. 3322.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. )

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    A construction trucking broker must pay submitted transportation charges by the 25th day after month-end if the invoice and documentation were timely submitted, but may hold back part of a disputed amount within a 150% cap.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322] ( Article 1 enacted 1872. ) ## 3322. (a) (1) A broker of construction trucking services shall pay all transportation charges submitted by a motor carrier of property in dump truck equipment by the 25th day following the last day of the calendar month in which the transportation was performed, if the charges, including all necessary documentation, are submitted by the fifth day following the last day of the calendar month in which the transportation was performed. If there is a good faith dispute over a portion of the charges claimed, the broker may withhold payment of an amount not to exceed 150 percent of the estimated cost of the disputed amount. (2) A broker who violates paragraph (1) shall pay to the motor carrier of property in dump truck equipment a penalty of 2 percent per month on the improperly withheld amount. (3) In an action for the collection of moneys not paid in accordance with paragraph (1), the prevailing party shall be entitled to his or her attorney’s fees and costs. (b) For purposes of subdivision (a), the following definitions apply: (1) A “broker of construction trucking services” means any person, excluding a licensed contractor, that, as a principal or agent, arranges for transportation services to be provided by an independent contractor motor carrier of property in dump truck equipment and who is responsible for paying the transportation charges of the motor carrier. (2) A “motor carrier of property in dump truck equipment” means a motor carrier of property permitted by the Department of Motor Vehicles that hauls any type of construction commodity or material in dump truck equipment. (c) Subdivision (a) only applies if a motor carrier of property is in compliance with Division 14.85 (commencing with Section 36000) of the Vehicle Code at the time the dump truck transportation work is performed. (Added by Stats. 2004, Ch. 518, Sec. 1. Effective January 1, 2005.)
  106. 3333.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    For a non-contract breach of obligation, damages are generally the amount needed to compensate all detriment proximately caused, unless the Code expressly provides otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3333. For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. (Enacted 1872.)
  107. 3333.1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    In certain personal injury cases against a health care provider, the defendant may present evidence of collateral benefits paid to the plaintiff, and the plaintiff may respond with evidence of what was paid to obtain insurance benefits.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3333.1. (a) In the event the defendant so elects, in an action for personal injury against a health care provider based upon professional negligence, he may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal injury pursuant to the United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services. Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his right to any insurance benefits concerning which the defendant has introduced evidence. (b) No source of collateral benefits introduced pursuant to subdivision (a) shall recover any amount against the plaintiff nor shall it be subrogated to the rights of the plaintiff against a defendant. (c) For the purposes of this section: (1) “Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Health care provider” includes the legal representatives of a health care provider; (2) “Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital. (Amended by Stats. 1976, Ch. 1079.)
  108. 3333.2.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    In professional negligence cases against health care providers or institutions, injured plaintiffs may recover noneconomic losses, but the section caps those damages and limits how many cap categories can apply.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3333.2. (a) In any action for injury against a health care provider or health care institution based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage, subject to the limitations in this section. (b) In any action for injury that does not involve wrongful death against one or more health care providers or health care institutions based on professional negligence, the following limitations shall apply: (1) Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of health care providers, which does not include any unaffiliated health care providers that are responsible for noneconomic losses pursuant to paragraph (3). (2) Civil liability for damages for noneconomic losses against one or more health care institutions, collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of health care institutions, which does not include any unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (3). (3) Civil liability for damages for noneconomic losses against one or more health care providers or health care institutions that are unaffiliated with a defendant described in paragraph (1) or (2) based on acts of professional negligence separate and independent from the acts of professional negligence of a defendant described in paragraph (1) or (2) and that occurred at, or in relation to medical transport to, a health care institution unaffiliated with a health care institution described in paragraph (2), collectively, shall not exceed three hundred fifty thousand dollars ($350,000), regardless of the number of defendants described in this paragraph, which does not include any unaffiliated health care providers or unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (1) or (2). (c) In any action for wrongful death against one or more health care providers or health care institutions based on professional negligence, the following limitations shall apply: (1) Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed five hundred thousand dollars ($500,000), regardless of the number of health care providers, which does not include any unaffiliated health care providers that are responsible for noneconomic losses pursuant to paragraph (3). (2) Civil liability for damages for noneconomic losses against one or more health care institutions, collectively, shall not exceed five hundred thousand dollars ($500,000), regardless of the number of health care institutions, which does not include any unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (3). (3) Civil liability for damages for noneconomic losses against one or more health care providers or health care institutions that are unaffiliated with a defendant described in paragraph (1) or (2) based on acts of professional negligence separate and independent from the acts of professional negligence of a defendant described in paragraph (1) or (2) that occurred at, or in relation to medical transport to, a health care institution unaffiliated with a health care institution described in paragraph (2), collectively, shall not exceed five hundred thousand dollars ($500,000), regardless of the number of defendants described in this paragraph, which does not include any unaffiliated health care providers or unaffiliated health care institutions that are responsible for noneconomic losses pursuant to paragraph (1) or (2). (d) No health care provider defendant shall be liable for damages for noneconomic losses in more than one of the categories set forth in this section, regardless of the application or combined application thereof. (e) No health care institution defendant shall be liable for damages for noneconomic losses in more than one of the categories set forth in this section, regardless of the application or combined application thereof. (f) The applicable dollar amounts set forth in this section apply regardless of the number of defendant health care providers or health care institutions against whom the claim is asserted or the number of separate causes of actions on which the claim is based. For a claim subject to subdivision (b), the applicable dollar amounts set forth in subdivisions (b), (g), and (h) provide three separate limits of liability that may apply. For a claim subject to subdivision (c), the applicable dollar amounts set forth in subdivisions (c), (g), and (h) provide three separate limits of liability that may apply. (g) This section shall be deemed effective as of, and shall apply to all cases filed or arbitrations demanded on or after, January 1, 2023. Thereafter, the dollar amounts set forth in subdivision (b) shall increase by forty thousand dollars ($40,000) each January 1st for 10 years up to seven hundred fifty thousand dollars ($750,000), and the dollar amounts set forth in subdivision (c) shall increase each January 1st by fifty thousand dollars ($50,000) for 10 years up to one million dollars ($1,000,000). The dollar amount in effect at the time of judgment, arbitration award, or settlement shall apply to an action, subject to subdivision (h). (h) The applicable amounts for noneconomic damages for personal injury of $750,000, and for wrongful death of $1,000,000, as set forth in subdivision (g), shall be adjusted for inflation on January 1 of each year by 2 percent beginning on January 1, 2034. (i) In no action shall the amount of damages for noneconomic losses exceed the applicable dollar amounts set forth in subdivisions (b), (c), (g), or (h). (j) For the purposes of this section: (1) “Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Chapter 1 (commencing with Section 1200) or Chapter 1.3 (commencing with Section 1248) of Division 2 of the Health and Safety Code, and does not include health care institutions that are defined in paragraph (2). “Health care provider” includes the legal representatives of a health care provider and the health care provider’s employer, professional corporation, partnership, or other form of legally recognized professional practice organization. (2) “Health care institution” means one or more health care facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code owned or operated by the same entity or its affiliates and includes all persons and entities for which vicarious liability theories, including, but not limited to, the doctrines of respondeat superior, actual agency, and ostensible agency, may apply. (3) “Unaffiliated” means a specified health care provider, health care institution, or other entity not covered by the definition of affiliated, or affiliated with, as defined in Section 150 of the Corporations Code, or that is not employed by, performing under a contract with, an owner of, or in a joint venture with another specified entity, health care institution, health care provider, organized medical group, professional corporation, or partnership, or that is otherwise not in the same health system with that health care provider, health care institution, or other entity. Whether a health care provider, health care institution, or other entity is unaffiliated is determined at the time of the professional negligence. (4) “Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital. (Amended by Stats. 2022, Ch. 17, Sec. 3. (AB 35) Effective January 1, 2023.)
  109. 3333.3.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    A person cannot recover damages in a negligence action if the injuries were proximately caused by the person’s own felony or immediate flight from it, and the person was duly convicted of that felony.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3333.3. In any action for damages based on negligence, a person may not recover any damages if the plaintiff’s injuries were in any way proximately caused by the plaintiff’s commission of any felony, or immediate flight therefrom, and the plaintiff has been duly convicted of that felony. (Added November 5, 1996, by initiative Proposition 213, Sec. 3. Applicable, by Sec. 4 of Prop. 213, to actions in which the initial trial has not commenced prior to January 1, 1997. Note: Prop. 213 (The Personal Responsibility Act of 1996) also includes Section 3333.4.)
  110. 3333.4.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    This section limits recovery of non-economic damages in certain motor vehicle accident cases and also limits insurer liability, with an exception in subdivision (c).

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3333.4. (a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies: (1) The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense. (2) The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state. (3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state. (b) Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person injured as described in subdivision (a). (c) In the event a person described in paragraph (2) of subdivision (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages. (Added November 5, 1996, by initiative Proposition 213, Sec. 3. Applicable, by Sec. 4 of Prop. 213, to actions in which the initial trial has not commenced prior to January 1, 1997. Note: Prop. 213 (The Personal Responsibility Act of 1996) also includes Section 3333.3.)
  111. 3333.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    Pipeline corporations covered by this section are strictly liable for damages from crude-oil leaks or discharges, and must clean up and remediate the spill immediately.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3333.5. (a) Each pipeline corporation that qualifies as a public utility within Section 216 of the Public Utilities Code that transports any crude oil or fraction thereof in a public utility oil pipeline system that meets the requirements of subdivision (h) shall be absolutely liable without regard to fault for any damages incurred by any injured party that arise out of, or are caused by, the discharge or leaking of crude oil or fraction thereof from the public utility pipeline. (b) A pipeline corporation is not liable to an injured party under this section for any of the following: (1) Damages, other than costs of removal incurred by the state or a local government caused solely by an act of war, hostilities, civil war, or insurrection or by an unanticipated grave natural disaster or other act of God of an exceptional, inevitable, and irresistible character, other than an earthquake, which damages could not have been prevented or avoided by the exercise of due care or foresight. (2) Damages in the proportion caused by the negligence, intentional malfeasance, or criminal act of the landowner, or an agent, employee, or contractor of the landowner, upon whose property the pipeline system is located. (3) Except as provided by paragraph (2), damages caused solely by the negligence or intentional malfeasance of the injured person. (4) Except as provided by paragraph (2), damages caused solely by the criminal act of a third party other than the pipeline corporation or an agent or employee of the pipeline corporation. (5) Natural seepage from sources other than the public utility oil pipeline. (6) Damages that arise out of, or are caused by, a discharge that is authorized by a state or federal permit. (c) Damages for which a pipeline corporation is liable under this section are the following: (1) All costs of response, containment, cleanup, removal, and treatment, including, but not limited to, monitoring and administration costs. (2) Injury to, or economic losses resulting from destruction of or injury to, real or personal property. (3) Injury to, destruction of, or loss of, natural resources, including, but not limited to, the reasonable cost of rehabilitating wildlife, habitat, and other resources and the reasonable cost of assessing that injury, destruction, or loss, in any action brought by the state, a county, city, or district. (4) Loss of taxes, royalties, rents, use, or profit shares caused by the injury, destruction, loss, or impairment of use of real property, personal property, or natural resources. (5) Loss of use and enjoyment of natural resources and other public resources or facilities in any action brought by the state, county, city, or district. (d) The court may award reasonable costs of the suit, attorneys’ fees, and the cost of any necessary expert witnesses to any prevailing plaintiff. The court may award reasonable costs of the suit, attorneys’ fees, and the cost of any necessary expert witnesses to any prevailing defendant if the court finds that the plaintiff commenced or prosecuted the suit under this section in bad faith or solely for purposes of harassing the defendant. (e) (1) A pipeline corporation shall immediately clean up all crude oil, or any fraction thereof, that leaks or is discharged from a pipeline subject to this section. Additionally, the pipeline corporation shall abate immediately, or as soon as practical, the effects of the leak or discharge and take all other necessary remedial action. (2) A pipeline corporation may recover the costs of the activities specified in this section for which it is not at fault by means of any otherwise available cause of action, including, but not limited to, indemnification or subrogation. (f) This section shall not apply to claims, or causes of action, for damages for personal injury or wrongful death. (g) This section shall not prohibit any party from bringing any action for damages under any other provision or principle of law, including but not limited to, common law. However, damages shall not be awarded pursuant to this section to an injured party to the extent the same party is or has been awarded damages for the same injury under any other provision or principle of law. (h) This section shall only apply to all of the following: (1) The pipeline system proposed to be constructed by Pacific Pipeline System, Inc., identified in Public Utilities Commission Application No. 91-10-013, for which the maximum requirement of one hundred million dollars ($100,000,000) set forth in paragraph (1) of subdivision (j) shall apply. (2) Any other public utility pipeline system for which construction is completed on or after January 1, 1996, other than a pipeline system the entire length of which is subject to the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, (Division 7.8 (commencing with Section 8750) of the Public Resources Code). If part, but not all, of a pipeline system is subject to the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, any evidence of financial responsibility that satisfies that act, and that meets the conditions of this section, shall be credited toward the requirements of this section. (3) Any major relocation of three miles or greater of a portion of a pipeline system along substantially new alignments accomplished through the exercise of eminent domain. This section shall not apply to the portions of the pipeline not relocated. (i) This section shall not apply to the following: (1) A pipeline system in existence prior to January 1, 1996, that is converted to a public utility prior or subsequent to January 1, 1996. (2) A public utility pipeline system not otherwise subject to this section, that is the object of repair, replacement or maintenance, unless that activity constitutes relocation as described in paragraph (3) of subdivision (h). (j) (1) No pipeline system subject to this section shall be permitted to operate unless the State Fire Marshal certifies that the pipeline corporation demonstrates sufficient financial responsibility to respond to the liability imposed by this section. The minimum financial responsibility required by the State Fire Marshal shall be seven hundred fifty dollars ($750) times the maximum capacity of the pipeline in the number of barrels per day up to a maximum of one hundred million dollars ($100,000,000) per pipeline system, or a maximum of two hundred million dollars ($200,000,000) per multiple pipeline systems. (2) For the purposes of this section, financial responsibility shall be demonstrated by evidence that is substantially equivalent to that required by regulations issued under Section 8670.37.54 of the Government Code, including insurance, surety bond, letter of credit, guaranty, qualification as a self-insurer, or combination thereof or any other evidence of financial responsibility. The State Fire Marshal shall require the documentation evidencing financial responsibility to be placed on file with that office, and shall administer the documentation in a manner substantially equivalent to that provided by regulations issued under Section 8670.37.54 of the Government Code. Financial responsibility shall be available for payment of claims for damages described in subdivision (c) of any party, including, but not limited to, the State of California, local governments, special districts, and private parties, that obtains a final judgment therefor against the pipeline corporation. (k) The State Fire Marshal shall require evidence of financial responsibility to fund postclosure cleanup costs. The evidence of financial responsibility shall be 15 percent of the amount of financial responsibility required under subdivision (j) and shall be maintained by the pipeline corporation for four years from the date the pipeline is fully idled pursuant to a closure plan approved by the State Fire Marshal. (l) “Fraction” of crude oil means a group of compounds collected by fractional distillation that condenses within the same temperature band, or a material that consists primarily of that group of compounds or of a mixture of those groups of compounds. (m) (1) Notwithstanding Section 228 of the Public Utilities Code, for purposes of this section, “pipeline corporation” means every corporation or person directly operating, managing or owning any pipeline system that qualifies as a public utility within Section 216 of the Public Utilities Code and for compensation within this state. (2) For purposes of this section, “owning” refers to the legal entity owning the pipeline system itself and does not include legal entities having an ownership interest, in whole or in part, in the entity owning the pipeline system or multiple pipeline systems. (3) “Pipeline system” means a collective assemblage of intrastate line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery station, and fabricated assemblies constructed for the same purpose at substantially the same time that form a facility through which crude oil or a fraction thereof moves in transportation. (Added by renumbering Section 3333.4 (as added by Stats. 1995, Ch. 979) by Stats. 1998, Ch. 485, Sec. 40. Effective January 1, 1999.)
  112. 3333.7.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    An injured person may recover treble damages from a commercial motor vehicle driver’s employer if the injury was caused by the driver and the driver was intoxicated while the employer willfully failed to comply with certain federal requirements.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3333.7. (a) Notwithstanding any other provision of law, any person who suffers injury that is proximately caused by the driver of a commercial motor vehicle shall be entitled to recover treble damages from the driver’s employer where it is shown both that the driver of a commercial motor vehicle was under the influence of alcohol or a controlled substance at the time that the injury was caused and that the driver’s employer willfully failed at the time of the injury to comply with any of the requirements of federal law described in subdivision (a) of Section 34520 of the Vehicle Code in regard to the involved driver. (b) For the purposes of subdivision (a), “willfully failed” has the same meaning as “willful failure” as defined in paragraph (3) of subdivision (c) of Section 34623 of the Vehicle Code. (c) For purposes of subdivision (a), an “employer” is a person or entity who employs the driver or who contracts with an owner-operator, who meets the requirements set forth in subdivision (b) of Section 34624 of the Vehicle Code, to provide transportation services, and who is required to engage in mandatory substance abuse testing pursuant to subdivision (a) of Section 34520 of the Vehicle Code. This subdivision shall not be construed to change the definition of “employer,” “employee,” or “independent contractor” for any purpose. (d) Nothing in this section is intended to preclude or affect existing rights. (Added by Stats. 2001, Ch. 298, Sec. 1. Effective January 1, 2002.)
  113. 3333.8.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    This section limits liability for certain fire suppression or other costs from prescribed fires or cultural burns if specified safety, authorization, permission, and permit conditions are met.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3333.8. (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for public benefit. (b) Notwithstanding Sections 13009 and 13009.1 of the Health and Safety Code, no person shall be liable for any fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code resulting from a prescribed fire or cultural burn if all of the following conditions are met: (1) The purpose of the burn is for wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture. (2) A burn boss, as defined in paragraph (1) of subdivision (a) of Section 4500 of the Public Resources Code, has reviewed and approved a written prescription for the burn that includes adequate risk mitigation measures. (3) The burn is conducted in compliance with the written prescription. (4) The burn is authorized pursuant to Chapter 6 (commencing with Section 4411) or Chapter 7 (commencing with Section 4461) of Part 2 of Division 4 of the Public Resources Code. (5) The burner has a landowner’s written permission or the approval of the governing body of a California Native American tribe to burn. (6) The burn is conducted in compliance with any air quality permit required pursuant to Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code. (c) Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3) of subdivision (b). (d) This section shall not be construed to grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence. (e) Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant. (f) “Cultural burn” or “cultural burning” means the intentional application of fire to land by a California Native American tribe, a tribal organization, or a cultural fire practitioner to achieve cultural goals or objectives, including for sustenance, ceremonial activities, biodiversity, or other benefits. (g) “Cultural fire practitioner” means a person recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, including for sustenance, ceremonial activities, biodiversity, or other benefits. (Amended by Stats. 2024, Ch. 666, Sec. 1. (SB 310) Effective January 1, 2025.)
  114. 3334.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    For wrongful occupation of real property, damages include the property's use value, repair or restoration costs, and costs to recover possession, subject to stated exceptions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3334. (a) The detriment caused by the wrongful occupation of real property, in cases not embraced in Section 3335 of this code, the Eminent Domain Law (Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure), or Section 1174 of the Code of Civil Procedure, is deemed to include the value of the use of the property for the time of that wrongful occupation, not exceeding five years next preceding the commencement of the action or proceeding to enforce the right to damages, the reasonable cost of repair or restoration of the property to its original condition, and the costs, if any, of recovering the possession. (b) (1) Except as provided in paragraph (2), for purposes of subdivision (a), the value of the use of the property shall be the greater of the reasonable rental value of that property or the benefits obtained by the person wrongfully occupying the property by reason of that wrongful occupation. (2) If a wrongful occupation of real property subject to this section is the result of a mistake of fact of the wrongful occupier, the value of the use of the property, for purposes of subdivision (a), shall be the reasonable rental value of the property. (Amended by Stats. 1992, Ch. 469, Sec. 1. Effective January 1, 1993.)
  115. 3335.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    If someone willfully holds over real property after a trust or life-based estate ends, without consent of the person immediately entitled, damages are measured by the profits received during the holdover.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3335. For willfully holding over real property, by a person who entered upon the same, as guardian or trustee for an infant, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over. (Enacted 1872.)
  116. 3336.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    For wrongful conversion of personal property, the law presumes damages based on the property’s value at conversion with interest, or enough to cover the loss caused by the wrongful act, plus reasonable time and money spent recovering the property.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3336. The detriment caused by the wrongful conversion of personal property is presumed to be: First—The value of the property at the time of the conversion, with the interest from that time, or, an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and Second—A fair compensation for the time and money properly expended in pursuit of the property. (Amended by Stats. 1931, Ch. 633.)
  117. 3336.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    Junk dealers and recyclers who possess certain utility or fire-protection materials without written certification can be liable for damages, but an unknowingly received load can be reported to law enforcement by the next business day to avoid liability if written confirmation is received.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3336.5. (a) (1) Any junk dealer or recycler who possesses a fire hydrant, fire department connection, including, but not limited to, brass fittings and parts, manhole cover or lid or part of that cover or lid, or backflow device or connection to that device or part of that device without a written certification from the agency or utility owning or previously owning the material shall be liable to the agency or utility for the wrongful possession of that material as provided in subdivision (b). (2) A written certification under this subdivision shall be on the agency’s or utility’s letterhead and shall certify both that the agency or utility has sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification or identified in the certification is authorized to negotiate the sale of that material. (b) Except as provided in subdivision (c), a junk dealer or recycler in violation of this section shall be liable to the agency or utility owning or previously owning the prohibited material as described in subdivision (a) for the actual damages incurred by the agency or utility, including the value of the material, the cost of replacing the material, labor costs, and the costs of repairing any damage caused by the removal of the material. The court shall also award exemplary damages of three times the actual damages incurred by the agency or utility, unless the court decides that extenuating circumstances do not justify awarding these exemplary damages. (c) (1) A junk dealer or recycler who unknowingly takes possession of one or more of the materials described in subdivision (a) as part of a load of otherwise nonprohibited materials without the written certification described in subdivision (a) shall notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited materials. Written confirmation of that notice shall relieve the junk dealer or recycler of liability to the agency or utility for the possession of those materials. (2) The following definitions shall apply for purposes of this subdivision: (A) “Appropriate law enforcement agency” means, in the case of any material described in subdivision (a) that is located within the territorial limits of an incorporated city, the police chief of the city or his or her designee, or, in the case of any material described in subdivision (a) that is located outside the territorial limits of an incorporated city, the sheriff of the county or his or her designee. (B) “Written confirmation” means any confirmation received from the law enforcement agency as electronic mail, facsimile, or other written correspondence, including, but not limited to, a letter delivered in person or by certified mail. (d) Nothing in this section is intended to create a basis for liability on the part of the junk dealers and recyclers to third parties for damages or injuries related to or arising from the theft of the materials described in this section. (Added by Stats. 2012, Ch. 393, Sec. 2. (SB 1045) Effective January 1, 2013.)
  118. 3337.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    A person whose possession was wrongful from the start cannot defeat the presumption from the previous section by later using the property to benefit the owner without consent.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3337. The presumption declared by the last section cannot be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent application of the property to the benefit of the owner, without his consent. (Enacted 1872.)
  119. 3338.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    A person with only a lien on personal property cannot recover more than the lien amount plus the Section 3336 allowance for loss of time and expenses when suing for conversion.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3338. One having a mere lien on personal property, cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by Section 3336 for loss of time and expenses. (Enacted 1872.)
  120. 3339.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    This section says immigration status generally cannot be used to deny state-law protections for covered workers, and inquiries into immigration status are barred in certain enforcement proceedings unless a narrow federal-law necessity showing is made.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3339. The Legislature finds and declares the following: (a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. (b) For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status unless the person seeking to make this inquiry has shown by clear and convincing evidence that this inquiry is necessary in order to comply with federal immigration law. (c) The provisions of this section are declaratory of existing law. (d) 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. (e) Any waiver of a provision of this section is contrary to public policy and is void and unenforceable. (Amended by Stats. 2024, Ch. 853, Sec. 17. (AB 3281) Effective January 1, 2025.)
  121. 3339.10.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    Immigration or citizenship status generally cannot be used or questioned in certain civil cases involving tenant housing rights, except in narrow circumstances.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3339.10. (a) The immigration or citizenship status of any person is irrelevant to any issue of liability or remedy under Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3, Chapter 2 (commencing with Section 789) of Title 2 of Part 2 of Division 2 of this code, or under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, or in any civil action involving a tenant’s housing rights. (b) (1) In proceedings or discovery undertaken in a civil action to enforce Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3, Chapter 2 (commencing with Section 789) of Title 2 of Part 2 of Division 2 of this code, or under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, or in any civil action involving a tenant’s housing rights, no inquiry shall be permitted into a person’s immigration or citizenship status, except as follows: (A) The tenant’s claims or defenses raised place the person’s immigration or citizenship status directly in contention. (B) The person seeking to make this inquiry demonstrates by clear and convincing evidence that this inquiry is necessary in order to comply with federal immigration law. (2) The assertion of an affirmative defense to an unlawful detainer action under Section 1161.4 of the Code of Civil Procedure does not constitute cause under this subdivision for discovery or other inquiry into that person’s immigration or citizenship status. (Added by Stats. 2017, Ch. 489, Sec. 7. (AB 291) Effective January 1, 2018.)
  122. 3339.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    A minor child's immigration status generally cannot be used in discovery or other inquiry in a civil case, unless a claim puts that status directly in dispute or the inquiry is shown by clear and convincing evidence to be needed to comply with federal immigration law.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3339.5. (a) The immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy, except for employment-related prospective injunctive relief that would directly violate federal law. (b) Discovery or other inquiry in a civil action or proceeding relating to a minor child’s immigration status shall not be permitted except where the minor child’s claims place the minor child’s immigration status directly in contention or the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law. (c) The provisions of this section are declaratory of existing law. (d) The express application of this act to minors is not intended to imply that adults are not likewise protected by existing law in the same circumstances. (Added by Stats. 2015, Ch. 151, Sec. 1. (AB 560) Effective January 1, 2016.)
  123. 3340.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    Exemplary damages may be awarded for wrongful injuries to animals that are property when the injury is committed willfully or by gross negligence in disregard of humanity.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3340. For wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given. (Enacted 1872.)
  124. 3341.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    An animal owner, possessor, or harborer may be liable for damages if the animal kills, worries, or wounds certain livestock or poultry on someone else’s premises.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3341. The owner, possessor, or harborer of any dog or other animal, that shall, on the premises of any person other than the owner, possessor, or harborer of such dog or other animal, kill, worry, or wound any bovine animal, swine, horse, mule, burro, sheep, angora goat, or cashmere goat, or poultry, shall be liable to the owner of the same for the damages and costs of suit, to be recovered in any court of competent jurisdiction: 1. In the prosecution of actions under the provisions of this chapter, it shall not be necessary for the plaintiff to show that the owner, possessor, or harborer of such dog or other animal, had knowledge of the fact that such dog or other animal would kill, wound or worry bovine animals, swine, horses, mules, burros, sheep, goats, or poultry. 2. Any person on finding any dog or dogs, or other animal, not on the premises of the owner or possessor of such dog or dogs, or other animal, worrying, wounding, or killing any bovine animals, swine, horses, mules, burros, sheep, angora or cashmere goats, may, at the time of finding such dog or dogs, or other animal, kill the same, and the owner or owners thereof shall sustain no action for damages against any person so killing such dog or dogs, or other animal. Nothing in this section shall render an owner, possessor, or harborer of a dog liable for the accidental or unavoidable killing or injury of any bovine animal, swine, horse, mule, burro, sheep, angora goat, cashmere goat, or poultry which occurs in connection with or as a incident to the driving or herding the same from the premises of the owner, possessor, or harborer of the dog, whether such killing or injury occurs upon such premises or off of such premises. (Amended by Stats. 1945, Ch. 1327.)
  125. 3342.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    Dog owners are liable for damages when their dog bites someone in a public place or in a place where the person is lawfully present, subject to listed exceptions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3342. (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. (b) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following: (1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity. (2) In the investigation of a crime or possible crime. (3) In the execution of a warrant. (4) In the defense of a peace officer or another person. (c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work. (d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b). (Amended by Stats. 1988, Ch. 298, Sec. 1.)
  126. 3342.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    A dog owner who has a dog that bit a person must take reasonable steps to remove danger to others. In some repeat-bite or serious-injury cases, people or public prosecutors may sue, and the court may issue orders to prevent another incident.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3342.5. (a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal. (b) Whenever a dog has bitten a human being on at least two separate occasions, any person, the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary. (c) Whenever a dog trained to fight, attack, or kill has bitten a human being, causing substantial physical injury, any person, including the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary. (d) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (b) based on a bite or bites inflicted upon a trespasser, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity. (e) Nothing in this section shall be construed to prevent legislation in the field of dog control by any city, county, or city and county. (f) Nothing in this section shall be construed to affect the liability of the owner of a dog under Section 3342 or any other provision of the law. (g) A proceeding under this section is a limited civil case. (Amended by Stats. 1998, Ch. 931, Sec. 18. Effective September 28, 1998.)
  127. 3343.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    A person defrauded in a property purchase, sale, or exchange may recover the value difference plus additional transaction damages, but not a measure based on represented versus actual value.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3343. (a) One defrauded in the purchase, sale or exchange of property is entitled to recover the difference between the actual value of that with which the defrauded person parted and the actual value of that which he received, together with any additional damage arising from the particular transaction, including any of the following: (1) Amounts actually and reasonably expended in reliance upon the fraud. (2) An amount which would compensate the defrauded party for loss of use and enjoyment of the property to the extent that any such loss was proximately caused by the fraud. (3) Where the defrauded party has been induced by reason of the fraud to sell or otherwise part with the property in question, an amount which will compensate him for profits or other gains which might reasonably have been earned by use of the property had he retained it. (4) Where the defrauded party has been induced by reason of the fraud to purchase or otherwise acquire the property in question, an amount which will compensate him for any loss of profits or other gains which were reasonably anticipated and would have been earned by him from the use or sale of the property had it possessed the characteristics fraudulently attributed to it by the party committing the fraud, provided that lost profits from the use or sale of the property shall be recoverable only if and only to the extent that all of the following apply: (i) The defrauded party acquired the property for the purpose of using or reselling it for a profit. (ii) The defrauded party reasonably relied on the fraud in entering into the transaction and in anticipating profits from the subsequent use or sale of the property. (iii) Any loss of profits for which damages are sought under this paragraph have been proximately caused by the fraud and the defrauded party’s reliance on it. (b) Nothing in this section shall do either of the following: (1) Permit the defrauded person to recover any amount measured by the difference between the value of property as represented and the actual value thereof. (2) Deny to any person having a cause of action for fraud or deceit any legal or equitable remedies to which such person may be entitled. (Amended by Stats. 1971, Ch. 943.)
  128. 3343.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    People who suffer damage from unlawful motor vehicle subleasing may sue the person who committed it, and the court may award damages and other relief.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3343.5. (a) Any one or more of the following who suffers any damage proximately resulting from one or more acts of unlawful motor vehicle subleasing, as described in Chapter 12.7 (commencing with Section 570) of Title 13 of Part 1 of the Penal Code, may bring an action against the person who has engaged in those acts: (1) A seller or other secured party under a conditional sale contract or a security agreement. (2) A lender under a direct loan agreement. (3) A lessor under a lease contract. (4) A buyer under a conditional sale contract. (5) A purchaser under a direct loan agreement, an agreement which provides for a security interest, or an agreement which is equivalent to these types of agreements. (6) A lessee under a lease contract. (7) An actual or purported transferee or assignee of any right or interest of a buyer, a purchaser, or a lessee. (b) The court in an action under subdivision (a) may award actual damages; equitable relief, including, but not limited to, an injunction and restitution of money and property; punitive damages; reasonable attorney’s fees and costs; and any other relief which the court deems proper. (c) As used in this section, the following terms have the following meanings: (1) “Buyer” has the meaning set forth in subdivision (c) of Section 2981. (2) “Conditional sale contract” has the meaning set forth in subdivision (a) of Section 2981. Notwithstanding subdivision (k) of Section 2981, “conditional sale contract” includes any contract for the sale or bailment of a motor vehicle between a buyer and a seller primarily for business or commercial purposes. (3) “Direct loan agreement” means an agreement between a lender and a purchaser whereby the lender has advanced funds pursuant to a loan secured by the motor vehicle which the purchaser has purchased. (4) “Lease contract” means a lease contract between a lessor and lessee as this term and these parties are defined in Section 2985.7. Notwithstanding subdivision (d) of Section 2985.7, “lease contract” includes a lease for business or commercial purposes. (5) “Motor vehicle” means any vehicle required to be registered under the Vehicle Code. (6) “Person” means an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity. (7) “Purchaser” has the meaning set forth in paragraph (30) of subdivision (b) of Section 1201 of the Commercial Code. (8) “Security agreement” and “secured party” have the meanings set forth, respectively, in paragraphs (74) and (73) of subdivision (a) of Section 9102 of the Commercial Code. “Security interest” has the meaning set forth in paragraph (35) of subdivision (b) of Section 1201 of the Commercial Code. (9) “Seller” has the meaning set forth in subdivision (b) of Section 2981, and includes the present holder of the conditional sale contract. (d) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law. (Amended by Stats. 2013, Ch. 531, Sec. 1. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)
  129. 3343.7.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )

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    A suit may be brought against certain nonprofit retail cooperatives for rescission of a membership contract or damages if a person was fraudulently induced to join.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. ) ## 3343.7. An action may be brought against any nonprofit organization operated on a cooperative basis by and for independent retailers which wholesales goods and services primarily to its member retailers as described in paragraph (3) of subdivision (d) of Section 20001 of the Business and Professions Code or subdivision (c) of Section 31005 of the Corporations Code, for rescission of a membership contract entered into, or for any damages sustained, as a consequence of being fraudulently induced to join the organization. For purposes of this section, “fraudulently induced” means the misrepresentation of a material fact, or the omission of a material fact, including the failure of the organization to disclose all information required under subparagraph (H) of paragraph (3) of subdivision (d) of Section 20001 of the Business and Professions Code or paragraph (8) of subdivision (c) of Section 31005 of the Corporations Code, unless the defendant proves that the plaintiff knew the facts concerning the untruth or omission or that the defendant exercised reasonable care and did not know (or if the defendant had exercised reasonable care would not have known) of the untruth or omission. (Added by Stats. 1989, Ch. 1380, Sec. 2.)
  130. 3344.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. )

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    This section bars knowing use of a person’s name, voice, signature, photograph, or likeness without prior consent for products, advertising, selling, or soliciting purchases, and sets damages and other remedies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. ) ## 3344. (a) (1) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person’s prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties are required to present proof only of the gross revenue attributable to the unauthorized use, and the person who violated this section is required to prove their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs. (2) In addition to the remedies available in paragraph (1), a party may seek an injunction or temporary restraining order pursuant to Section 527 of the Code of Civil Procedure. If the court grants the applicant an order under subdivision (c) of Section 527 of the Code of Civil Procedure that requires the respondent to remove, recall, or otherwise cease the publication or distribution of the petitioner’s name, voice, signature, photograph, or likeness, the respondent shall complete the removal or recall, or cease the publication or distribution, within two business days from the day the order is served, unless otherwise required by the order. (b) As used in this section, “photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable. (1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use. (2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team. (3) A person or persons shall be considered to be represented as members of a definable group if they are represented in the photograph solely as a result of being present at the time the photograph was taken and have not been singled out as individuals in any manner. (c) Where a photograph or likeness of an employee of the person using the photograph or likeness appearing in the advertisement or other publication prepared by or in behalf of the user is only incidental, and not essential, to the purpose of the publication in which it appears, there shall arise a rebuttable presumption affecting the burden of producing evidence that the failure to obtain the consent of the employee was not a knowing use of the employee’s photograph or likeness. (d) For purposes of this section, a use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a). (e) The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing the use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the person’s name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a). (f) Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit ads, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that those owners or employees had knowledge of the unauthorized use of the person’s name, voice, signature, photograph, or likeness as prohibited by this section. (g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law. (Amended by Stats. 2025, Ch. 590, Sec. 1. (SB 683) Effective January 1, 2026.)
  131. 3344.1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. )

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    This section restricts unauthorized commercial use of a deceased personality’s name, voice, signature, photograph, likeness, and certain digital replicas, and sets related damages, exceptions, and registration rules.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. ) ## 3344.1. (a) (1) (A) Subject to subparagraph (B), a person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the injured party or parties, as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties shall be required to present proof only of the gross revenue attributable to the use, and the person who violated the section shall prove the person’s deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party or parties in any action under this section shall also be entitled to attorney’s fees and costs. (B) (i) Except as provided in clause (ii), a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, single and original work of art, work of political or newsworthy value, or an advertisement or commercial announcement for any of these works, shall not be considered a product, article of merchandise, good, or service if it is fictional or nonfictional entertainment, or a dramatic, literary, or musical work. (ii) If a work described in clause (i) includes within it a use in connection with a product, article of merchandise, good, or service, this use shall not be exempt under this subparagraph, notwithstanding the unprotected use’s inclusion in a work otherwise exempt under this subparagraph, if the claimant proves that this use is so directly connected with a product, article of merchandise, good, or service as to constitute an act of advertising, selling, or soliciting purchases of that product, article of merchandise, good, or service by the deceased personality without prior consent from the person or persons specified in subdivision (c). (2) (A) (i) Notwithstanding paragraph (1) and subject to clause (ii), a person who produces, distributes, or makes available the digital replica of a deceased personality’s voice or likeness in an expressive audiovisual work or sound recording without prior consent from a person specified in subdivision (c) shall be liable to any injured party in an amount equal to the greater of ten thousand dollars ($10,000) or the actual damages suffered by a person controlling the rights to the deceased personality’s likeness. (ii) For purposes of this section, a digital replica may be used without consent if the use of the digital replica meets any of the following criteria: (I) The use is in connection with any news, public affairs, or sports broadcast or account. (II) The use is for purposes of comment, criticism, scholarship, satire, or parody. (III) The use is a representation of the individual as the individual’s self in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated. (IV) The use is fleeting or incidental. (V) The use is in an advertisement or commercial announcement for a work described in subclauses (I) to (IV), inclusive. (B) For purposes of this paragraph: (i) “Audiovisual work” means a work that consists of a series of related images that are intrinsically intended to be shown by the use of machines or devices, including projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, including films or tapes, in which the works are embodied. (ii) (I) “Digital replica” means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. (II) “Digital replica” does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder. (b) The rights recognized under this section are property rights, freely transferable or descendible, in whole or in part, by contract or by means of any trust or any other testamentary instrument, executed before or after January 1, 1985. The rights recognized under this section shall be deemed to have existed at the time of death of any deceased personality who died prior to January 1, 1985, and, except as provided in subdivision (o), shall vest in the persons entitled to these property rights under the testamentary instrument of the deceased personality effective as of the date of their death. In the absence of an express transfer in a testamentary instrument of the deceased personality’s rights in the deceased personality’s name, voice, signature, photograph, or likeness, a provision in the testamentary instrument that provides for the disposition of the residue of the deceased personality’s assets shall be effective to transfer the rights recognized under this section in accordance with the terms of that provision. The rights established by this section shall also be freely transferable or descendible by contract, trust, or any other testamentary instrument by any subsequent owner of the deceased personality’s rights as recognized by this section. Nothing in this section shall be construed to render invalid or unenforceable any contract entered into by a deceased personality during the deceased personality’s lifetime by which the deceased personality assigned the rights, in whole or in part, to use the deceased personality’s name, voice, signature, photograph, or likeness, regardless of whether the contract was entered into before or after January 1, 1985. (c) The consent required by this section shall be exercisable by the person or persons to whom the right of consent, or portion thereof, has been transferred in accordance with subdivision (b), or if no transfer has occurred, then by the person or persons to whom the right of consent, or portion thereof, has passed in accordance with subdivision (d). (d) Subject to subdivisions (b) and (c), after the death of any person, the rights under this section shall belong to the following person or persons and may be exercised, on behalf of and for the benefit of all of those persons, by those persons who, in the aggregate, are entitled to more than a one-half interest in the rights: (1) The entire interest in those rights belongs to the surviving spouse of the deceased personality unless there are any surviving children or grandchildren of the deceased personality, in which case one-half of the entire interest in those rights belongs to the surviving spouse. (2) The entire interest in those rights belongs to the surviving children of the deceased personality and to the surviving children of any dead child of the deceased personality unless the deceased personality has a surviving spouse, in which case the ownership of a one-half interest in rights is divided among the surviving children and grandchildren. (3) If there is no surviving spouse, and no surviving children or grandchildren, then the entire interest in those rights belongs to the surviving parent or parents of the deceased personality. (4) The rights of the deceased personality’s children and grandchildren are in all cases divided among them and exercisable in the manner provided in Section 240 of the Probate Code according to the number of the deceased personality’s children represented. The share of the children of a dead child of a deceased personality can be exercised only by the action of a majority of them. (e) If any deceased personality does not transfer the deceased personality’s rights under this section by contract, or by means of a trust or testamentary instrument, and there are no surviving persons as described in subdivision (d), then the rights set forth in subdivision (a) shall terminate. (f) (1) A successor in interest to the rights of a deceased personality under this section or a licensee thereof shall not recover damages for a use prohibited by this section that occurs before the successor in interest or licensee registers a claim of the rights under paragraph (2). (2) Any person claiming to be a successor in interest to the rights of a deceased personality under this section or a licensee thereof may register that claim with the Secretary of State on a form prescribed by the Secretary of State and upon payment of a fee as set forth in subdivision (d) of Section 12195 of the Government Code. The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed. (3) Upon receipt and after filing of any document under this section, the Secretary of State shall post the document along with the entire registry of persons claiming to be a successor in interest to the rights of a deceased personality or a registered licensee under this section upon the Secretary of State’s internet website. The Secretary of State may microfilm or reproduce by other techniques any of the filings or documents and destroy the original filing or document. The microfilm or other reproduction of any document under this section shall be admissible in any court of law. The microfilm or other reproduction of any document may be destroyed by the Secretary of State 70 years after the death of the personality named therein. (4) Claims registered under this subdivision shall be public records. (g) An action shall not be brought under this section by reason of any use of a deceased personality’s name, voice, signature, photograph, or likeness occurring after the expiration of 70 years after the death of the deceased personality. (h) As used in this section, “deceased personality” means any natural person whose name, voice, signature, photograph, or likeness has commercial value at the time of that person’s death, or because of that person’s death, whether or not during the lifetime of that natural person the person used the person’s name, voice, signature, photograph, or likeness on or in products, merchandise, or goods, or for purposes of advertising or selling, or solicitation of purchase of, products, merchandise, goods, or services. A “deceased personality” shall include, without limitation, any such natural person who has died within 70 years prior to January 1, 1985. (i) As used in this section, “photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the deceased personality is readily identifiable. A deceased personality shall be deemed to be readily identifiable from a photograph if one who views the photograph with the naked eye can reasonably determine who the person depicted in the photograph is. (j) For purposes of this section, the use of a name, voice, signature, photograph, or likeness in connection with any news, public affairs, or sports broadcast or account, or any political campaign, shall not constitute a use for which consent is required under subdivision (a). (k) The use of a name, voice, signature, photograph, or likeness in a commercial medium shall not constitute a use for which consent is required under subdivision (a) solely because the material containing the use is commercially sponsored or contains paid advertising. Rather, it shall be a question of fact whether or not the use of the deceased personality’s name, voice, signature, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for which consent is required under subdivision (a). (l) Nothing in this section shall apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television networks and stations, cable television systems, billboards, and transit advertisements, by whom any advertisement or solicitation in violation of this section is published or disseminated, unless it is established that the owners or employees had knowledge of the unauthorized use of the deceased personality’s name, voice, signature, photograph, or likeness as prohibited by this section. (m) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law. (n) In the case of an individual who performs music as a profession, an action to enforce this section may be brought by that individual and by any person or entity that has entered into a contract for the individual’s exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture the individual’s audio performances. (o) This section shall apply to the adjudication of liability and the imposition of any damages or other remedies in cases in which the liability, damages, and other remedies arise from acts occurring directly in this state. For purposes of this section, acts giving rise to liability shall be limited to the use, on or in products, merchandise, goods, or services, or the advertising or selling, or soliciting purchases of, products, merchandise, goods, or services prohibited by this section. (p) Notwithstanding any provision of this section to the contrary, if an action was taken prior to May 1, 2007, to exercise rights recognized under this section relating to a deceased personality who died prior to January 1, 1985, by a person described in subdivision (d), other than a person who was disinherited by the deceased personality in a testamentary instrument, and the exercise of those rights was not challenged successfully in a court action by a person described in subdivision (b), that exercise shall not be affected by subdivision (b). In that case, the rights that would otherwise vest in one or more persons described in subdivision (b) shall vest solely in the person or persons described in subdivision (d), other than a person disinherited by the deceased personality in a testamentary instrument, for all future purposes. (q) The rights recognized by this section are expressly made retroactive, including to those deceased personalities who died prior to January 1, 1985. (Amended by Stats. 2024, Ch. 258, Sec. 2. (AB 1836) Effective January 1, 2025.)
  132. 3344.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. )

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    Certain people may sue if their signature is used in violation of Penal Code section 115.1(b), and eligible plaintiffs may recover damages.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. ) ## 3344.5. (a) Any person whose signature is used in violation of, and any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement that violates, subdivision (b) of Section 115.1 of the Penal Code, shall have a civil cause of action against any person committing the violation. (b) If a mass mailing or other printed matter that violates subdivision (b) of Section 115.1 of the Penal Code expressly advocates the election or defeat of more than one candidate only a person whose signature is used and the candidate or candidates to whom the unauthorized signature directly relates shall have a civil cause of action pursuant to this section. (c) Any person bringing a cause of action pursuant to this section may recover damages in an amount of two times the cost of the communication, but not to exceed fifty thousand dollars ($50,000), with regard to which the unauthorized signature was used. (d) As used in this section, “signature” means either of the following: (1) A handwritten or mechanical signature, or a copy thereof. (2) Any representation of a person’s name, including, but not limited to, a printed or typewritten representation, that serves the same purpose as a handwritten or mechanical signature. (Amended by Stats. 1993, Ch. 334, Sec. 1. Effective January 1, 1994.)
  133. 3344.6.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. )

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    Candidates targeted by a campaign ad that violates Penal Code section 115.2(a) can sue the violator; if the ad names more than one candidate, only the candidate(s) directly misrepresented can sue, and damages are capped at $50,000.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. ) ## 3344.6. (a) Any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement which violates subdivision (a) of Section 115.2 of the Penal Code shall have a civil cause of action against any person committing the violation. (b) If a mass mailing or other printed matter which violates subdivision (a) of Section 115.2 of the Penal Code expressly advocates the election or defeat of more than one candidate, only the candidate or candidates to whom the misstatement or misrepresentation directly relates shall have a civil cause of action pursuant to this section. (c) Any person bringing a cause of action pursuant to this section may recover damages in an amount of two times the cost of the communication, but not to exceed fifty thousand dollars ($50,000). (Added by Stats. 1991, Ch. 1051, Sec. 1.)
  134. 3345.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. )

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    In covered actions, the trier of fact must consider listed factors when setting a fine, civil penalty, or similar punishment, and may increase the amount up to three times after an affirmative finding on those factors.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. ) ## 3345. (a) This section shall apply only in actions brought by, on behalf of, or for the benefit of those individuals specified in paragraphs (1) to (3), inclusive, to redress unfair or deceptive acts or practices or unfair methods of competition. (1) Senior citizens, as defined in subdivision (f) of Section 1761. (2) Disabled persons, as defined in subdivision (g) of Section 1761. (3) Veterans, as defined in Section 18540.4 of the Government Code. (b) Whenever a trier of fact is authorized by a statute to impose either a fine, or a civil penalty or other penalty, or any other remedy the purpose or effect of which is to punish or deter, and the amount of the fine, penalty, or other remedy is subject to the trier of fact’s discretion, the trier of fact shall consider the factors set forth in paragraphs (1) to (3), inclusive, in addition to other appropriate factors, in determining the amount of fine, civil penalty or other penalty, or other remedy to impose. Whenever the trier of fact makes an affirmative finding in regard to one or more of the factors set forth in paragraphs (1) to (3), inclusive, it may impose a fine, civil penalty or other penalty, or other remedy in an amount up to three times greater than authorized by the statute, or, where the statute does not authorize a specific amount, up to three times greater than the amount the trier of fact would impose in the absence of that affirmative finding. (1) Whether the defendant knew or should have known that their conduct was directed to one or more senior citizens, disabled persons, or veterans. (2) Whether the defendant’s conduct caused one or more senior citizens, disabled persons, or veterans to suffer: loss or encumbrance of a primary residence, principal employment, or source of income; substantial loss of property set aside for retirement, or for personal or family care and maintenance; or substantial loss of payments received under a pension or retirement plan or a government benefits program, or assets essential to the health or welfare of the senior citizen, disabled person, or veteran. (3) Whether one or more senior citizens, disabled persons, or veterans are substantially more vulnerable than other members of the public to the defendant’s conduct because of age, poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually suffered substantial physical, emotional, or economic damage resulting from the defendant’s conduct. (Amended by Stats. 2022, Ch. 78, Sec. 1. (AB 1730) Effective January 1, 2023.)
  135. 3345.1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. )

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    This section limits when it applies and lets courts impose damages or penalties in civil actions involving commercial sexual exploitation of minors or nonminor dependents. It also bars social media platforms from knowingly facilitating that exploitation.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. ) ## 3345.1. (a) This section shall apply only in a civil action brought by, or on behalf of, or for the benefit of, a person who is a minor or nonminor dependent and is a victim of commercial sexual exploitation committed by a person who is over 18 years of age or facilitated, aided, or abetted by a social media platform in violation of subdivision (g). For purposes of this section, the age of the victim, the status of the victim as a minor or nonminor dependent, and the age of the defendant is determined at the time of the defendant’s act of commercial sexual exploitation of the victim. (b) In a civil action brought by, on behalf of, or for the benefit of a minor, or nonminor dependent, against a person who engaged in any act of commercial sexual exploitation of a minor or nonminor dependent, whenever a trier of fact is authorized by a statute, other than subdivision (c), to impose either a fine, or a civil penalty or other penalty, or any other remedy the purpose or effect of which is to punish or deter, and the amount of the fine, penalty, or other remedy is subject to the trier of fact’s discretion, the trier of fact shall consider all of the following factors, in addition to other appropriate factors, in determining the amount of fine, civil penalty, or other penalty, or other remedy to impose. If the trier of fact makes an affirmative finding in regard to one or more of the following factors, it may impose a fine, civil penalty, or other penalty, or other remedy in an amount up to three times greater than authorized by the statute, or, if the statute does not authorize a specific amount, up to three times greater than the amount the trier of fact would impose in the absence of that affirmative finding: (1) Whether the defendant’s conduct was directed to more than one minor or nonminor dependent. (2) Whether one or more minors or nonminor dependents suffered substantial physical, emotional, or economic damage resulting from the defendant’s conduct. (3) Whether the defendant knew or reasonably should have known that the victim was a minor or nonminor dependent. It shall not be a defense to imposition of fines, penalties, or other remedies pursuant to this paragraph that the defendant was unaware of the victim’s age or status as a nonminor dependent at the time of the act. (c) If the trier of fact is not authorized by statute to impose a civil penalty in an action described in subdivision (b), the court may award a civil penalty not exceeding fifty thousand dollars ($50,000), and not less than ten thousand dollars ($10,000), for each act of commercial sexual exploitation committed by the defendant upon making an affirmative finding in regard to one or more of the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b). This penalty may be imposed in addition to any other remedy available in law or in equity. (d) Any penalty imposed pursuant to this section shall be paid to the victim of the act of sexual exploitation. (e) It shall not be a defense to the imposition of fines or penalties pursuant to this section that the victim consented to the act of commercial sexual exploitation. (f) If the victim is under 18 years of age, the court, in its discretion, may order that any penalty imposed pursuant to this section be held in trust for the victim and used exclusively for the benefit and well-being of the victim. When the victim reaches 18 years of age or is emancipated, the trust shall expire and any unspent remainder shall be the sole property of the victim. (g) (1) A social media platform shall not knowingly facilitate, aid, or abet commercial sexual exploitation. (2) For a violation of this subdivision, a court shall award statutory damages not exceeding four million dollars ($4,000,000) and not less than one million dollars ($1,000,000) for each act of commercial sexual exploitation facilitated, aided, or abetted by the social media platform. (3) A social media platform shall not be deemed to be in violation of this subdivision if it demonstrates all of the following: (A) The social media platform instituted and maintained a program of at least biannual audits of its designs, algorithms, practices, affordances, and features to detect designs, algorithms, practices, affordances, or features that have the potential to cause or contribute to violations of this subdivision. (B) The social media platform took action, within 30 days of the completion of an audit described in subparagraph (A), designed to mitigate or eliminate the reasonably foreseeable risk that a design, algorithm, practice, affordance, or feature violates, or contributes to a violation of, this subdivision. (C) The social media platform provided to each member of the social media platform’s board of directors a true and correct copy of each audit within 90 days of the audit being completed accompanied by a description of any action taken pursuant to subparagraph (B). (4) Without in any way limiting the application of the term “knowingly” under paragraph (1), for purposes of this subdivision, a social media platform shall be deemed to have knowledge under paragraph (1) if all of the following are true: (A) Material was reported to a social media platform using the mechanism required under subdivision (a) of Section 3273.66 for four consecutive months. (B) The criteria set forth in paragraphs (1) to (3), inclusive, subdivision (a) of Section 3273.66 are established with respect to that reported material. (C) The reported material was first displayed, stored, or hosted on the platform after January 1, 2025. (5) As used in this subdivision, “facilitate, aid, or abet” means to deploy a system, design, feature, or affordance that is a substantial factor in causing minor users to be victims of commercial sexual exploitation. (h) As used in this section: (1) “Commercial sexual exploitation” means an act committed for the purpose of obtaining property, money, or anything else of value in exchange for, or as a result of, a sexual act of a minor or nonminor dependent, including, but not limited to, an act that would constitute a violation of any of the following: (A) Sex trafficking of a minor in violation of subdivision (c) of Section 236.1 of the Penal Code. (B) Pimping of a minor in violation of Section 266h of the Penal Code. (C) Pandering of a minor in violation of subdivision (b) of Section 266i of the Penal Code. (D) Procurement of a child under 16 years of age for lewd and lascivious acts in violation of Section 266j of the Penal Code. (E) Solicitation of a child for a purpose that is either in violation of subparagraph (A) or pursuant to paragraph (3) of subdivision (b) of Section 647 of the Penal Code. (F) An act of sexual exploitation described in subdivision (c) or (d) of Section 11165.1 of the Penal Code. (2) “Nonminor dependent” has the same meaning as in subdivision (v) of Section 11400 of the Welfare and Institutions Code. (3) (A) “Social media platform” has, except as provided in subparagraph (B), the same meaning as defined in Section 22675 of the Business and Professions Code. (B) “Social media platform” does not include either of the following: (i) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication. (ii) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code. (i) A waiver of the provisions of this section is contrary to public policy and is void and unenforceable. (Amended by Stats. 2023, Ch. 579, Sec. 3. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)
  136. 3346.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. )

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    This section sets the damages measure for certain timber and trespass cases, with triple damages as the default, reduced to double damages or actual detriment in specified exceptions, and it requires actions to be filed within five years of the trespass.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Penal Damages [3344 - 3346] ( Article 3 enacted 1872. ) ## 3346. (a) For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was casual or involuntary, or that the defendant in any action brought under this section had probable cause to believe that the land on which the trespass was committed was his own or the land of the person in whose service or by whose direction the act was done, the measure of damages shall be twice the sum as would compensate for the actual detriment, and excepting further that where the wood was taken by the authority of highway officers for the purpose of repairing a public highway or bridge upon the land or adjoining it, in which case judgment shall only be given in a sum equal to the actual detriment. (b) The measure of damages to be assessed against a defendant for any trespass committed while acting in reliance upon a survey of boundary lines which improperly fixes the location of a boundary line, shall be the actual detriment incurred if both of the following conditions exist: (1) The trespass was committed by a defendant who either himself procured, or whose principal, lessor, or immediate predecessor in title procured the survey to be made; and (2) The survey was made by a person licensed under the laws of this State to practice land surveying. (c) Any action for the damages specified by subdivisions (a) and (b) of this section must be commenced within five years from the date of the trespass. (Repealed and added by Stats. 1957, Ch. 2346.)
  137. 3353.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. )

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    When damages are estimated, a seller’s property value is treated as the price the seller could have gotten in the nearest market, at a time after breach that would allow resale with reasonable diligence.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. ) ## 3353. In estimating damages, the value of property to a seller thereof is deemed to be the price which he could have obtained therefor in the market nearest to the place at which it should have been accepted by the buyer, and at such time after the breach of the contract as would have sufficed, with reasonable diligence, for the seller to effect a resale. (Enacted 1872.)
  138. 3354.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. )

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    When estimating damages, the property’s value is generally treated as the market price of an equivalent item at the nearest market, at the time after the breach when a reasonable buyer could make the purchase, unless Sections 3355 or 3356 apply.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. ) ## 3354. In estimating damages, except as provided by Sections 3355 and 3356, the value of property, to a buyer or owner thereof, deprived of its possession, is deemed to be the price at which he might have bought an equivalent thing in the market nearest to the place where the property ought to have been put into his possession, and at such time after the breach of duty upon which his right to damages is founded as would suffice, with reasonable diligence, for him to make such a purchase. (Enacted 1872.)
  139. 3355.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. )

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    Property with a peculiar value to the injured person may be treated as that person’s value when damages are assessed, if the other party had notice of that value before becoming liable, or if the other party was a willful wrongdoer.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. ) ## 3355. Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer. (Enacted 1872.)
  140. 3357.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. )

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    Damages under this chapter exclude exemplary damages and interest unless the chapter expressly mentions them.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. ) ## 3357. The damages prescribed by this Chapter are exclusive of exemplary damages and interest, except where those are expressly mentioned. (Enacted 1872.)
  141. 3358.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. )

    Verify source ↗

    A person generally may not recover more damages for breach of an obligation than the person could have gained from full performance by both sides, unless another statute expressly provides otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. ) ## 3358. Except as expressly provided by statute, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides. (Amended by Stats. 1977, Ch. 198.)
  142. 3359.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. )

    Verify source ↗

    Damages in all cases must be reasonable.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. ) ## 3359. Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. (Enacted 1872.)
  143. 3360.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. )

    Verify source ↗

    If a breach of duty causes no appreciable detriment, the affected party may still recover nominal damages.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. ) ## 3360. When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages. (Enacted 1872.)
  144. 3361.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. )

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    Damages for lost earnings or impaired earning capacity from personal injury or wrongful death must not be reduced because of race, ethnicity, or gender.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 2. COMPENSATORY RELIEF [3281 - 3361] ( Title 2 enacted 1872. ) ## CHAPTER 2. Measure of Damages [[3300.] - 3361] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. General Provisions [3353 - 3361] ( Article 4 enacted 1872. ) ## 3361. Estimations, measures, or calculations of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death shall not be reduced based on race, ethnicity, or gender. (Added by Stats. 2019, Ch. 136, Sec. 2. (SB 41) Effective January 1, 2020.)
  145. 3366.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Principles [3366 - 3369] ( Chapter 1 enacted 1872. )

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    Specific or preventive relief may be given as provided by California law.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Principles [3366 - 3369] ( Chapter 1 enacted 1872. ) ## 3366. Specific or preventive relief may be given as provided by the laws of this state. (Amended by Stats. 1905, Ch. 465.)
  146. 3367.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Principles [3366 - 3369] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section says specific relief may be granted by giving possession of a thing, compelling a party to do what ought to be done, or declaring and determining parties’ rights instead of awarding damages.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Principles [3366 - 3369] ( Chapter 1 enacted 1872. ) ## 3367. Specific relief is given: 1. By taking possession of a thing, and delivering it to a claimant; 2. By compelling a party himself to do that which ought to be done; or, 3. By declaring and determining the rights of parties, otherwise than by an award of damages. (Enacted 1872.)
  147. 3368.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Principles [3366 - 3369] ( Chapter 1 enacted 1872. )

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    Preventive relief may be used to stop a party from doing something that ought not to be done.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Principles [3366 - 3369] ( Chapter 1 enacted 1872. ) ## 3368. Preventive relief is given by prohibiting a party from doing that which ought not to be done. (Enacted 1872.)
  148. 3369.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Principles [3366 - 3369] ( Chapter 1 enacted 1872. )

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    Specific or preventive relief cannot be used to enforce a penalty, forfeiture, or penal law, except for nuisance cases or where another law allows it.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Principles [3366 - 3369] ( Chapter 1 enacted 1872. ) ## 3369. Neither specific nor preventive relief can be granted to enforce a penalty or forfeiture in any case, nor to enforce a penal law, except in a case of nuisance or as otherwise provided by law. (Amended by Stats. 1977, Ch. 299.)
  149. 3372.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1.5. Investment Advisers [3372- 3372.] ( Chapter 1.5 added by Stats. 1978, Ch. 1380. )

    Verify source ↗

    Investment advisers who hold themselves out as experts can be liable for client compensation and damages if the client relied on their advice and was harmed, unless the adviser proves due care and skill.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 1.5. Investment Advisers [3372- 3372.] ( Chapter 1.5 added by Stats. 1978, Ch. 1380. ) ## 3372. (a) Any person engaged in the business of advising others for compensation as to the advisability of purchasing, holding or selling property for investment and who represents himself or herself to be an expert with respect to investment decisions in such property, or any class of such property, shall be liable to any person to whom such advisory services are furnished for compensation and who is damaged by reason of such person’s reliance upon such services, for the amount of such compensation and for such damages, unless the person rendering such services proves that such services were performed with the due care and skill reasonably to be expected of a person who is such an expert. (b) For the purposes of this section, the following apply: (1) A person represents that such person is an “expert” within the meaning of this section if such person represents that he or she is a “financial planner,” “financial adviser,” “financial counselor,” “financial consultant” or an “investment adviser,” “investment counselor” or “investment consultant” or that such person renders “financial planning services,” “financial advisory services,” “financial counseling services,” “financial consulting services” or “investment advisory services,” “investment counseling services” or “investment consulting services” or makes substantially equivalent representations with respect to such person’s business or qualifications. (2) “Person” includes an individual, corporation, partnership, limited liability company, joint venture, an association, joint stock company, a trust or unincorporated association. (c) The following persons are not liable under the provisions of this section: (1) Any person, when engaged in the purchase or sale of tangible personal property for his or her own account, and the agents and employees of such persons. (2) Any person, and the agents and employees of such person, licensed under, exempted from licensing under, or not subject to licensing under by reason of an express exclusion from a definition contained in, the Commodity Exchange Act, the Investment Advisers Act of 1940, the California Commodity Law, the Corporate Securities Law of 1968, the Insurance Code, the Real Estate Law, or any state or federal law for the licensing and regulation of banks or savings and loan associations. (Amended by Stats. 1994, Ch. 1010, Sec. 53. Effective January 1, 1995.)
  150. 3375.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Possession of Real Property [3375- 3375.] ( Article 1 enacted 1872. )

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    A person entitled to specific real property may recover it through the procedure set by the Code of Civil Procedure.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Possession of Real Property [3375- 3375.] ( Article 1 enacted 1872. ) ## 3375. A person entitled to specific real property, by reason either of a perfected title, or of a claim to title which ought to be perfected, may recover the same in the manner prescribed by the Code of Civil Procedure, either by a judgment for its possession, to be executed by the Sheriff, or by a judgment requiring the other party to perfect the title, and to deliver possession of the property. (Enacted 1872.)
  151. 3379.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Possession of Personal Property [3379 - [3380.]] ( Article 2 enacted 1872. )

    Verify source ↗

    A person entitled to immediate possession of specific personal property may recover it under the Code of Civil Procedure.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 2. Possession of Personal Property [3379 - [3380.]] ( Article 2 enacted 1872. ) ## 3379. A person entitled to the immediate possession of specific personal property may recover the same in the manner provided by the Code of Civil Procedure. (Enacted 1872.)
  152. 3386.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. )

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    A court may compel specific performance even if the agreed counterperformance is not specifically enforceable, if specific performance is otherwise appropriate and the counterperformance has been substantially performed or is otherwise assured or secured.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. ) ## 3386. Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if: (a) Specific performance would otherwise be an appropriate remedy; and (b) The agreed counterperformance has been substantially performed or its concurrent or future performance is assured or, if the court deems necessary, can be secured to the satisfaction of the court. (Amended by Stats. 1969, Ch. 156.)
  153. 3387.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. )

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    For a breach of an agreement to transfer real property, the law presumes money damages are not adequate; if the property is a single-family dwelling the claimant intends to occupy, that presumption is conclusive.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. ) ## 3387. It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation. In the case of a single-family dwelling which the party seeking performance intends to occupy, this presumption is conclusive. In all other cases, this presumption is a presumption affecting the burden of proof. (Amended by Stats. 1984, Ch. 937, Sec. 1.)
  154. 3388.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. )

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    A party who signed a written contract may be compelled to specifically perform it if the other side has not signed but has performed or offers to perform, and the case is otherwise fit for specific performance.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. ) ## 3388. A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance. (Enacted 1872.)
  155. 3389.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. )

    Verify source ↗

    A contract that is otherwise specifically enforceable may still be enforced even if it contains a penalty or liquidated damages for breach, as long as the defaulting party is willing to pay that amount.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. ) ## 3389. A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same. (Enacted 1872.)
  156. 3390.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. )

    Verify source ↗

    Certain obligations cannot be specifically enforced, including personal-service obligations, acts a party has no lawful power to perform, agreements to obtain another person’s consent, and uncertain agreements.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. ) ## 3390. The following obligations cannot be specifically enforced: (a) An obligation to render personal service. (b) An obligation to employ another in personal service. (c) An agreement to perform an act which the party has not power lawfully to perform when required to do so. (d) An agreement to procure the act or consent of the spouse of the contracting party, or of any other third person. (e) An agreement, the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable. (Amended by Stats. 2016, Ch. 50, Sec. 12. (SB 1005) Effective January 1, 2017.)
  157. 3391.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. )

    Verify source ↗

    Specific performance cannot be enforced against a contract party in listed situations.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. ) ## 3391. Specific performance cannot be enforced against a party to a contract in any of the following cases: 1. If he has not received an adequate consideration for the contract; 2. If it is not, as to him, just and reasonable; 3. If his assent was obtained by the misrepresentation, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled; or; 4. If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other respects, if proper to be so enforced. (Enacted 1872.)
  158. 3392.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. )

    Verify source ↗

    Specific performance cannot be enforced for a party who has not fully and fairly completed the conditions precedent on their side, except for partial failures that are immaterial or fully compensable.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. ) ## 3392. Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial, and either entirely immaterial, or capable of being fully compensated, in which case specific performance may be compelled, upon full compensation being made for the default. (Enacted 1872.)
  159. 3394.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. )

    Verify source ↗

    A seller cannot force specific enforcement of a property-sale agreement if the seller cannot give the buyer a title free from reasonable doubt.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. ) ## 3394. An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt. (Enacted 1872.)
  160. 3395.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. )

    Verify source ↗

    A real-property obligation that can be specifically enforced against one person may also be enforced against later claimants under that person, unless they are a good-faith purchaser or incumbrancer for value. Such a person may avoid enforcement by conveying all of their estate to the person entitled to enforce the obligation.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395] ( Article 3 enacted 1872. ) ## 3395. Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or incumbrancer in good faith and for value, and except, also, that any such person may exonerate himself by conveying all his estate to the person entitled to enforce the obligation. (Enacted 1872.)
  161. 3399.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Revision of Contracts [3399 - 3402] ( Article 4 enacted 1872. )

    Verify source ↗

    A party aggrieved may seek revision of a written contract when fraud or certain mistakes mean it does not express the parties’ real intention.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Revision of Contracts [3399 - 3402] ( Article 4 enacted 1872. ) ## 3399. When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value. (Enacted 1872.)
  162. 3400.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Revision of Contracts [3399 - 3402] ( Article 4 enacted 1872. )

    Verify source ↗

    When revising a contract, it must be presumed that all parties intended an equitable and conscientious agreement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Revision of Contracts [3399 - 3402] ( Article 4 enacted 1872. ) ## 3400. For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement. (Enacted 1872.)
  163. 3401.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Revision of Contracts [3399 - 3402] ( Article 4 enacted 1872. )

    Verify source ↗

    When revising a written instrument, the court may look at the intended meaning and intended legal consequences, not just the words used.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Revision of Contracts [3399 - 3402] ( Article 4 enacted 1872. ) ## 3401. In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be. (Enacted 1872.)
  164. 3402.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Revision of Contracts [3399 - 3402] ( Article 4 enacted 1872. )

    Verify source ↗

    A contract may be revised first and then specifically enforced.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 4. Revision of Contracts [3399 - 3402] ( Article 4 enacted 1872. ) ## 3402. A contract may be first revised and then specifically enforced. (Enacted 1872.)
  165. 3412.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 6. Cancellation of Instruments [3412 - 3415] ( Article 6 enacted 1872. )

    Verify source ↗

    A person against whom a void or voidable written instrument could cause serious injury may apply to have it declared and ordered delivered up or canceled.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 6. Cancellation of Instruments [3412 - 3415] ( Article 6 enacted 1872. ) ## 3412. A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled. (Enacted 1872.)
  166. 3413.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 6. Cancellation of Instruments [3412 - 3415] ( Article 6 enacted 1872. )

    Verify source ↗

    An instrument that is visibly invalid on its face, or on the face of a related instrument needed to use it as evidence, is not treated as capable of causing injury under the previous section.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 6. Cancellation of Instruments [3412 - 3415] ( Article 6 enacted 1872. ) ## 3413. An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury, within the provisions of the last section. (Enacted 1872.)
  167. 3414.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 6. Cancellation of Instruments [3412 - 3415] ( Article 6 enacted 1872. )

    Verify source ↗

    An instrument that evidences different rights or obligations may be canceled only in part, while the remaining part stays in effect.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 6. Cancellation of Instruments [3412 - 3415] ( Article 6 enacted 1872. ) ## 3414. Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue. (Enacted 1872.)
  168. 3415.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 6. Cancellation of Instruments [3412 - 3415] ( Article 6 enacted 1872. )

    Verify source ↗

    A person with an interest in a lost or destroyed private written document may bring an action to prove it or get a duplicate issued. If the document is a negotiable instrument, the court must require the owner to give an indemnity bond.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 2. Specific Relief [3375 - 3415] ( Chapter 2 enacted 1872. ) ## ARTICLE 6. Cancellation of Instruments [3412 - 3415] ( Article 6 enacted 1872. ) ## 3415. (a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to prove or establish the document or instrument or to compel the issuance, execution, and acknowledgment of a duplicate of the document or instrument. (b) If the document or instrument is a negotiable instrument, the court shall compel the owner of the negotiable instrument to give an indemnity bond to the person reissuing, reexecuting, or reacknowledging the same, against loss, damage, expense, or other liability that may be suffered by the person by reason of the issuance of the duplicate instrument or by the original instrument still remaining outstanding. (Amended by Stats. 2006, Ch. 538, Sec. 59. Effective January 1, 2007.)
  169. 3420.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Preventive relief is granted by injunction, either provisional or final.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. ) ## 3420. Preventive relief is granted by injunction, provisional or final. (Enacted 1872.)
  170. 3421.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. )

    Verify source ↗

    Provisional injunctions are regulated by the Code of Civil Procedure.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. ) ## 3421. Provisional injunctions are regulated by the Code of Civil Procedure. (Enacted 1872.)
  171. 3422.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. )

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    A final injunction may be granted to stop breach of an obligation in the applicant’s favor, unless this Title provides otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. ) ## 3422. Except where otherwise provided by this Title, a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant: 1. Where pecuniary compensation would not afford adequate relief; 2. Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief; 3. Where the restraint is necessary to prevent a multiplicity of judicial proceedings; or, 4. Where the obligation arises from a trust. (Enacted 1872.)
  172. 3423.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. )

    Verify source ↗

    This section says an injunction may not be granted for several listed purposes, subject to specific exceptions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. ) ## 3423. An injunction may not be granted: (a) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless this restraint is necessary to prevent a multiplicity of proceedings. (b) To stay proceedings in a court of the United States. (c) To stay proceedings in another state upon a judgment of a court of that state. (d) To prevent the execution of a public statute, by officers of the law, for the public benefit. (e) To prevent the breach of a contract the performance of which would not be specifically enforced, other than a contract in writing for the rendition of personal services from one to another where the promised service is of a special, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in an action at law, and where the compensation for the personal services is as follows: (1) As to contracts entered into on or before December 31, 1993, the minimum compensation provided in the contract for the personal services shall be at the rate of six thousand dollars ($6,000) per annum. (2) As to contracts entered into on or after January 1, 1994, the criteria of subparagraph (A) or (B), as follows, are satisfied: (A) The compensation is as follows: (i) The minimum compensation provided in the contract shall be at the rate of nine thousand dollars ($9,000) per annum for the first year of the contract, twelve thousand dollars ($12,000) per annum for the second year of the contract, and fifteen thousand dollars ($15,000) per annum for the third to seventh years, inclusive, of the contract. (ii) In addition, after the third year of the contract, there shall actually have been paid for the services through and including the contract year during which the injunctive relief is sought, over and above the minimum contractual compensation specified in clause (i), the amount of fifteen thousand dollars ($15,000) per annum during the fourth and fifth years of the contract, and thirty thousand dollars ($30,000) per annum during the sixth and seventh years of the contract. As a condition to petitioning for an injunction, amounts payable under this clause may be paid at any time prior to seeking injunctive relief. (B) The aggregate compensation actually received for the services provided under a contract that does not meet the criteria of subparagraph (A), is at least 10 times the applicable aggregate minimum amount specified in clauses (i) and (ii) of subparagraph (A) through and including the contract year during which the injunctive relief is sought. As a condition to petitioning for an injunction, amounts payable under this subparagraph may be paid at any time prior to seeking injunctive relief. (3) Compensation paid in any contract year in excess of the minimums specified in subparagraphs (A) and (B) of paragraph (2) shall apply to reduce the compensation otherwise required to be paid under those provisions in any subsequent contract years. However, an injunction may be granted to prevent the breach of a contract entered into between any nonprofit cooperative corporation or association and a member or stockholder thereof in respect to any provision regarding the sale or delivery to the corporation or association of the products produced or acquired by the member or stockholder. (f) To prevent the exercise of a public or private office, in a lawful manner, by the person in possession. (g) To prevent a legislative act by a municipal corporation. (Amended by Stats. 1993, Ch. 836, Sec. 1. Effective January 1, 1994.)
  173. 3424.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. )

    Verify source ↗

    A court may modify or dissolve a final injunction if there is notice and motion and a qualifying change in facts, law, or the interests of justice.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424] ( Title 3 enacted 1872. ) ## CHAPTER 3. Preventive Relief [3420 - 3424] ( Chapter 3 enacted 1872. ) ## 3424. (a) Upon notice and motion, the court may modify or dissolve a final injunction upon a showing that there has been a material change in the facts upon which the injunction was granted, that the law upon which the injunction was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction. (b) Service of this motion to modify or dissolve a final injunction shall be made upon the nonmoving party by one of the following methods: (1) If the party has not appeared in the action, the motion shall be served in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. (2) If the party has appeared in the action, the motion shall be served either upon the party or his or her attorney, or upon the party if he or she has appeared without an attorney, either in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of the Code of Civil Procedure or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure. (c) This section does not apply to a final injunction issued pursuant to the Family Code. (Added by Stats. 1995, Ch. 796, Sec. 1.5. Effective January 1, 1996.)
  174. 3425.1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. )

    Verify source ↗

    This title may be cited as the Uniform Single Publication Act.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. ) ## 3425.1. This title may be cited as the Uniform Single Publication Act. (Added by Stats. 1955, Ch. 867.)
  175. 3425.2.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. )

    Verify source ↗

    This provision says the Act should be interpreted to carry out its purpose of making the law uniform across states or jurisdictions that adopt it.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. ) ## 3425.2. This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it. (Added by Stats. 1955, Ch. 867.)
  176. 3425.3.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. )

    Verify source ↗

    A person may have only one damages claim for libel, slander, invasion of privacy, or similar torts based on a single publication or similar single event.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. ) ## 3425.3. No person shall have more than one cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any one issue of a newspaper or book or magazine or any one presentation to an audience or any one broadcast over radio or television or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions. (Added by Stats. 1955, Ch. 867.)
  177. 3425.4.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. )

    Verify source ↗

    A prior judgment on the merits can bar the same plaintiff from bringing another damages action against the same defendant based on the same publication, exhibition, or utterance.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. ) ## 3425.4. A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in Section 3425.3 shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication or exhibition or utterance. (Added by Stats. 1955, Ch. 867.)
  178. 3425.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. )

    Verify source ↗

    This title cannot be applied retroactively to causes of action that already existed on its effective date.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 4. UNIFORM SINGLE PUBLICATION ACT [3425.1 - 3425.5] ( Title 4 added by Stats. 1955, Ch. 867. ) ## 3425.5. This title shall not be retroactive as to causes of action existing on its effective date. (Added by Stats. 1955, Ch. 867.)
  179. 3426.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    This title may be cited as the Uniform Trade Secrets Act.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426. This title may be cited as the Uniform Trade Secrets Act. (Added by Stats. 1984, Ch. 1724, Sec. 1.)
  180. 3426.1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    This section defines key trade secret terms, including improper means, misappropriation, person, and trade secret.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.1. As used in this title, unless the context requires otherwise: (a) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. Reverse engineering or independent derivation alone shall not be considered improper means. (b) “Misappropriation” means: (1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (2) Disclosure or use of a trade secret of another without express or implied consent by a person who: (A) Used improper means to acquire knowledge of the trade secret; or (B) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was: (i) Derived from or through a person who had utilized improper means to acquire it; (ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (C) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. (c) “Person” means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (d) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (Amended by Stats. 1994, Ch. 1010, Sec. 54. Effective January 1, 1995.)
  181. 3426.10.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    This section limits the title’s reach to misappropriation on or after January 1, 1985, with a special rule for continuing misappropriation.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.10. This title does not apply to misappropriation occurring prior to January 1, 1985. If a continuing misappropriation otherwise covered by this title began before January 1, 1985, this title does not apply to the part of the misappropriation occurring before that date. This title does apply to the part of the misappropriation occurring on or after that date unless the appropriation was not a misappropriation under the law in effect before the operative date of this title. (Added by Stats. 1984, Ch. 1724, Sec. 1.)
  182. 3426.11.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    Trade secret disclosures to competitors or potential competitors in covered proceedings are not privileged, and the section does not limit whistleblowing or related court powers.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.11. Notwithstanding subdivision (b) of Section 47, in any legislative or judicial proceeding, or in any other official proceeding authorized by law, or in the initiation or course of any other proceeding authorized by law and reviewable pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure, the voluntary, intentional disclosure of trade secret information, unauthorized by its owner, to a competitor or potential competitor of the owner of the trade secret information or the agent or representative of such a competitor or potential competitor is not privileged and is not a privileged communication for purposes of Part 2 (commencing with Section 43) of Division 1. This section does not in any manner limit, restrict, impair, or otherwise modify either the application of the other subdivisions of Section 47 to the conduct to which this section applies or the court’s authority to control, order, or permit access to evidence in any case before it. Nothing in this section shall be construed to limit, restrict, or otherwise impair, the capacity of persons employed by public entities to report improper government activity, as defined in Section 10542 of the Government Code, or the capacity of private persons to report improper activities of a private business. (Added by Stats. 1992, Ch. 165, Sec. 1. Effective January 1, 1993.)
  183. 3426.2.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    Courts may issue or adjust injunctions for actual or threatened trade secret misappropriation, and must end an injunction when the trade secret no longer exists.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.2. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. (b) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited. (c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. (Added by Stats. 1984, Ch. 1724, Sec. 1.)
  184. 3426.3.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    A complainant may recover actual loss damages and certain unjust enrichment from misappropriation; the court may also order a reasonable royalty or exemplary damages in some cases.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.3. (a) A complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss. (b) If neither damages nor unjust enrichment caused by misappropriation are provable, the court may order payment of a reasonable royalty for no longer than the period of time the use could have been prohibited. (c) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subdivision (a) or (b). (Added by Stats. 1984, Ch. 1724, Sec. 1.)
  185. 3426.4.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    A court may award reasonable attorney’s fees and costs to the prevailing party if the misappropriation-related bad-faith conditions in the section are met.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.4. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney’s fees and costs to the prevailing party. Recoverable costs hereunder shall include a reasonable sum to cover the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the prevailing party. (Amended by Stats. 2006, Ch. 62, Sec. 1. Effective January 1, 2007.)
  186. 3426.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    In an action under this title, the court must preserve the secrecy of an alleged trade secret using reasonable means.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.5. In an action under this title, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. (Added by Stats. 1984, Ch. 1724, Sec. 1.)
  187. 3426.6.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    An action for misappropriation must be filed within three years of discovery, including when discovery should have occurred with reasonable diligence.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.6. An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. (Added by Stats. 1984, Ch. 1724, Sec. 1.)
  188. 3426.7.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    This section says the Uniform Trade Secrets Act does not override other trade secret statutes and does not change certain contractual, civil, or criminal remedies, including public-records disclosures by state or local agencies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.7. (a) Except as otherwise expressly provided, this title does not supersede any statute relating to misappropriation of a trade secret, or any statute otherwise regulating trade secrets. (b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret. (c) This title does not affect the disclosure of a record by a state or local agency under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Any determination as to whether the disclosure of a record under the California Public Records Act constitutes a misappropriation of a trade secret and the rights and remedies with respect thereto shall be made pursuant to the law in effect before the operative date of this title. (Amended by Stats. 2021, Ch. 615, Sec. 52. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  189. 3426.8.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    This title is to be applied and interpreted to achieve its general purpose of making the law uniform among states that enact it.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.8. This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it. (Added by Stats. 1984, Ch. 1724, Sec. 1.)
  190. 3426.9.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. )

    Verify source ↗

    If part of this title is invalid, the rest still applies if it can work without the invalid part.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 5. UNIFORM TRADE SECRETS ACT [3426 - 3426.11] ( Title 5 added by Stats. 1984, Ch. 1724, Sec. 1. ) ## 3426.9. If any provision of this title or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable. (Added by Stats. 1984, Ch. 1724, Sec. 1.)
  191. 3427.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the title on interference with access to health care.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. ) ## 3427. As used in this title: (a) “Aggrieved” means and refers to any of the following persons or entities: (1) A person physically present at a health care facility when a commercial blockade occurs whose access is obstructed or impeded. (2) A person physically present at a health care facility when a commercial blockade occurs whose health care is disrupted. (3) A health care facility where a commercial blockade occurs, its employees, contractors, or volunteers. (4) The owner of a health care facility where a commercial blockade occurs or of the building or property upon which the health care facility is located. (b) “Commercial blockade” means acts constituting the tort of commercial blockade, as defined in Section 3427.1. (c) “Disrupting the normal functioning of a health care facility” means intentionally rendering or attempting to render a health care facility temporarily or permanently unavailable or unusable by a licensed health practitioner, the facility’s staff, or patients. “Disrupting the normal functioning of a health care facility” does not include acts of the owner of the facility, an agent acting on behalf of the owner, or officers or employees of a governmental entity acting to protect the public health or safety. (d) “Health care facility” means a facility that provides health care services directly to patients, including, but not limited to, a hospital, clinic, licensed health practitioner’s office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home. (Added by Stats. 1994, Ch. 1193, Sec. 1. Effective January 1, 1995.)
  192. 3427.1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. )

    Verify source ↗

    A person may not intentionally stop someone from entering or leaving a health care facility by blocking passage or disrupting the facility’s normal operations.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. ) ## 3427.1. It is unlawful, and constitutes the tort of commercial blockade for a person, alone or in concert with others, to intentionally prevent an individual from entering or exiting a health care facility by physically obstructing the individual’s passage or by disrupting the normal functioning of a health care facility. (Added by Stats. 1994, Ch. 1193, Sec. 1. Effective January 1, 1995.)
  193. 3427.2.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. )

    Verify source ↗

    An aggrieved person or health care facility may seek civil damages against people who committed the prohibited acts and those acting with them.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. ) ## 3427.2. A person or health care facility aggrieved by the actions prohibited by this title may seek civil damages from those who committed the prohibited acts and those acting in concert with them. (Amended by Stats. 1995, Ch. 91, Sec. 19. Effective January 1, 1996.)
  194. 3427.3.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. )

    Verify source ↗

    The court must take reasonable steps to protect privacy and prevent harassment in civil proceedings under this title, including issuing protective orders. Certain health care-related parties and witnesses may use pseudonyms to protect privacy.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. ) ## 3427.3. The court having jurisdiction over a civil proceeding under this title shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient, licensed health practitioner, or employee, client, or customer of a health care facility who is a party or witness in the proceeding, including granting protective orders. Health care patients, licensed health practitioners, and employees, clients, and customers of the health care facility may use pseudonyms to protect their privacy. (Added by Stats. 1994, Ch. 1193, Sec. 1. Effective January 1, 1995.)
  195. 3427.4.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. )

    Verify source ↗

    This title must not be read to reduce constitutionally protected activity or activities protected by state or federal labor laws.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE [3427 - 3427.4] ( Title 6 added by Stats. 1994, Ch. 1193, Sec. 1. ) ## 3427.4. This title shall not be construed to impair any constitutionally protected activity or any activities protected by the labor laws of this state or the United States of America. (Added by Stats. 1994, Ch. 1193, Sec. 1. Effective January 1, 1995.)
  196. 3428.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 7. DUTY OF HEALTH CARE SERVICE PLANS AND MANAGED CARE ENTITIES [3428- 3428.] ( Title 7 added by Stats. 1999, Ch. 536, Sec. 3. )

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    Health care service plans and managed care entities must use ordinary care to arrange medically necessary covered services, and they can be liable for harm caused by failing to do so.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 1. RELIEF [3274 - 3428] ( Part 1 enacted 1872. ) ## TITLE 7. DUTY OF HEALTH CARE SERVICE PLANS AND MANAGED CARE ENTITIES [3428- 3428.] ( Title 7 added by Stats. 1999, Ch. 536, Sec. 3. ) ## 3428. (a) For services rendered on or after January 1, 2001, a health care service plan or managed care entity, as described in subdivision (f) of Section 1345 of the Health and Safety Code, shall have a duty of ordinary care to arrange for the provision of medically necessary health care service to its subscribers and enrollees, where the health care service is a benefit provided under the plan, and shall be liable for any and all harm legally caused by its failure to exercise that ordinary care when both of the following apply: (1) The failure to exercise ordinary care resulted in the denial, delay, or modification of the health care service recommended for, or furnished to, a subscriber or enrollee. (2) The subscriber or enrollee suffered substantial harm. (b) For purposes of this section: (1) substantial harm means loss of life, loss or significant impairment of limb or bodily function, significant disfigurement, severe and chronic physical pain, or significant financial loss; (2) health care services need not be recommended or furnished by an in-plan provider, but may be recommended or furnished by any health care provider practicing within the scope of his or her practice; and (3) health care services shall be recommended or furnished at any time prior to the inception of the action, and the recommendation need not be made prior to the occurrence of substantial harm. (c) Health care service plans and managed care entities are not health care providers under any provision of law, including, but not limited to, Section 6146 of the Business and Professions Code, Sections 3333.1 or 3333.2 of this code, or Sections 340.5, 364, 425.13, 667.7, or 1295 of the Code of Civil Procedure. (d) A health care service plan or managed care entity shall not seek indemnity, whether contractual or equitable, from a provider for liability imposed under subdivision (a). Any provision to the contrary in a contract with providers is void and unenforceable. (e) This section shall not create any liability on the part of an employer or an employer group purchasing organization that purchases coverage or assumes risk on behalf of its employees or on behalf of self-funded employee benefit plans. (f) Any waiver by a subscriber or enrollee of the provisions of this section is contrary to public policy and shall be unenforceable and void. (g) This section does not create any new or additional liability on the part of a health care service plan or managed care entity for harm caused that is attributable to the medical negligence of a treating physician or other treating health care provider. (h) This section does not abrogate or limit any other theory of liability otherwise available at law. (i) This section shall not apply in instances where subscribers or enrollees receive treatment by prayer, consistent with the provisions of subdivision (a) of Section 1270 of the Health and Safety Code, in lieu of medical treatment. (j) Damages recoverable for a violation of this section include, but are not limited to, those set forth in Section 3333. (k) (1) A person may not maintain a cause of action pursuant to this section against any entity required to comply with any independent medical review system or independent review system required by law unless the person or his or her representative has exhausted the procedures provided by the applicable independent review system. (2) Compliance with paragraph (1) is not required in a case where either of the following applies: (A) Substantial harm, as defined in subdivision (b), has occurred prior to the completion of the applicable review. (B) Substantial harm, as defined, in subdivision (b), will imminently occur prior to the completion of the applicable review. (3) This subdivision shall become operative only if Senate Bill 189 and Assembly Bill 55 of the 1999–2000 Regular Session are also enacted and enforceable. (l) If any provision of this section or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid or unenforceable, the remainder of the section and the application of those provisions to other persons or circumstances shall not be affected thereby. (Added by Stats. 1999, Ch. 536, Sec. 3. Effective January 1, 2000. Note: In the 1999 Statutes, AB 55 was enacted as Ch. 533 and SB 189 was enacted as Ch. 542.)
  197. 3429.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449] ( Part 2 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3429 - 3434] ( Title 1 enacted 1872. )

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    A debtor is a person who, because of an existing obligation, is or may become liable to pay money to another person.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449] ( Part 2 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3429 - 3434] ( Title 1 enacted 1872. ) ## 3429. A debtor, within the meaning of this Title, is one who, by reason of an existing obligation, is or may become liable to pay money to another, whether such liability is certain or contingent. (Enacted 1872.)
  198. 3430.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449] ( Part 2 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3429 - 3434] ( Title 1 enacted 1872. )

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    A creditor is a person for whom an obligation exists and who is, or may become, entitled to payment of money.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449] ( Part 2 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3429 - 3434] ( Title 1 enacted 1872. ) ## 3430. A creditor, within the meaning of this Title, is one in whose favor an obligation exists, by reason of which he is, or may become, entitled to the payment of money. (Enacted 1872.)
  199. 3431.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449] ( Part 2 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3429 - 3434] ( Title 1 enacted 1872. )

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    A debtor’s contract is valid against creditors unless there is fraud and the creditors have not already acquired a lien on the affected property.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449] ( Part 2 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3429 - 3434] ( Title 1 enacted 1872. ) ## 3431. In the absence of fraud, every contract of a debtor is valid against all his creditors, existing or subsequent, who have not acquired a lien on the property affected by such contract. (Enacted 1872.)
  200. 3432.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449] ( Part 2 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3429 - 3434] ( Title 1 enacted 1872. )

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    A debtor may pay one creditor ahead of another or give one creditor security ahead of another.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449] ( Part 2 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3429 - 3434] ( Title 1 enacted 1872. ) ## 3432. A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another. (Enacted 1872.)

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