Civil Code, 1872

A creditor with access to several funds may be required by another interested creditor to first seek payment from funds the other creditor has no claim to, if that can be done without harming full satisfaction or third parties.

A lender is generally not liable to third parties for losses tied to the borrower’s use of loan proceeds to improve property for sale or lease, except in specified cases.

This chapter may be cited as the Uniform Voidable Transactions Act.

This section defines key terms used in the chapter, including “asset,” “claim,” and “transfer.”

This section defines when a debtor is insolvent and sets a presumption of insolvency when the debtor is generally not paying debts as they come due, unless there is a bona fide dispute.

This section says value is given for a transfer or obligation when property is transferred or an antecedent debt is secured or satisfied, but not for certain unperformed support promises.

A debtor’s transfer or incurred obligation may be voidable as to a creditor if it was made with actual intent to hinder, delay, or defraud creditors, or if it lacked reasonably equivalent value and the debtor had financial conditions showing inability to support the transfer or debt.

A debtor’s transfer or obligation can be voidable against an earlier creditor if the debtor did not get reasonably equivalent value and was insolvent then or became insolvent because of it. A creditor bringing this claim must prove the elements by a preponderance of the evidence.

This section defines when a transfer is considered made and when an obligation is considered incurred.

This section lets a creditor seek remedies against a voidable transfer or obligation, including avoidance, attachment, injunctions, a receiver, or other court relief, subject to stated limits and procedures.

This section limits when a transfer is voidable, sets who a creditor may recover from, gives good-faith transferees or obligees certain protections, and assigns burdens of proof.

This section sets deadlines for bringing a cause of action or making a levy for certain voidable transfer claims, and says the claim is extinguished if the limits are missed.

This section says where a debtor is located and which local law governs certain claims under the chapter.

This section says that, unless this chapter overrides them, general principles of law and equity supplement the chapter’s rules.

This chapter must be applied and interpreted to carry out its general purpose of making the law uniform across states that enact it.

This section sets transitional rules for when changes to the chapter apply, based on when a transfer, obligation, or right of action accrued, and says similar provisions should be treated as restatements and continuations.

A transfer of personal property without immediate delivery and continued change of possession is void against certain creditors and good-faith buyers, unless another chapter rule applies.

This chapter does not apply to several listed types of property transfers and related transactions, including certain goods, shipments, exempt property, and some transfers that meet filing and notice conditions.

A personal property transfer is not void under Section 3440 against later creditors or buyers if the conditions in Section 3440.1(h) are met, subject to Section 3440.3.

A qualifying transfer of personal property is void against a buyer in the ordinary course of business.

This chapter does not affect the rights of a good-faith buyer for value when the buyer purchases the transferred personal property from the transferee or a successor in interest, if the transferor is no longer in possession at the time of sale.

This section preserves certain secured parties’ rights and requires a filing and newspaper notice before a security agreement is executed.

A person bringing an action or making a levy under this chapter must do so within one year of the earliest listed date.

This chapter does not restrict certain provisions of the Commercial Code.

This section defines “transfer,” “creditor,” and “transferee” for this chapter.

A transferee may give an undertaking in a creditor’s action over a voidable transfer, and if an undertaking is given, the transferee may dispose of the property or obligation.

If a transfer or obligation is found voidable as to the creditor, the transferee must pay the creditor the lesser of two specified amounts.

An undertaking must be set at the lesser of two amounts: double the value of the property or obligation, or double the creditor’s claim in the action.

The undertaking becomes effective 10 days after it is served on the creditor.

This section defines a nuisance as conduct or conditions that injure health, offend the senses, obstruct property use, or unlawfully block customary use of certain waterways and public places.

A nuisance not covered by the previous section’s definition is treated as private.

Things done or maintained under the express authority of a statute cannot be treated as a nuisance.

This section gives sport shooting ranges immunity from noise-based civil and criminal claims if they met applicable noise rules when approved, while letting local governments keep some noise and land-use controls.

Certain commercial agricultural activities and district agricultural association activities are protected from being treated as a nuisance after three years, with listed exceptions.

Commercial agricultural processing operations meeting the section’s conditions are protected from being treated as a nuisance, but nuisance actions may still be brought for significant post-1993 increases and some local rules remain allowed.

Property used to willfully conduct dogfighting or cockfighting is a public nuisance.

A later owner of property can be liable if they fail to abate a continuing nuisance on or using the property that was created by a former owner.

Abating a nuisance does not affect a person’s right to recover damages for the nuisance’s past existence.

This section lets a city prosecutor or city attorney start an unlawful detainer case to abate a nuisance tied to controlled-substance activity on real property, but it also sets notice, response, and court-order rules.

The remedies for a private nuisance are a civil action or abatement.

A person injured by a private nuisance may abate it by removing it, or destroying it if necessary, but not by causing a breach of the peace or unnecessary injury.

If a private nuisance caused by an omission can only be abated by entering the wrongdoer’s land, reasonable notice must be given before entry.

This section defines “animal,” “motion picture,” and “person” for this title.

A motion picture exhibition is a nuisance if it shows intentional killing or cruelty that actually occurred during production for the purpose of the film.

If there is reasonable cause to believe a nuisance exists in a county, the district attorney or Attorney General must, on a proper showing, bring an equity action to stop and abate it and to enjoin the responsible persons.

In nuisance-abatement actions under this title, the court must hold an adversary trial, and if it finds the motion picture is a nuisance, it must issue a permanent injunction. Temporary restraining orders and preliminary injunctions are not allowed, but an appeal may be taken from a permanent injunction order.

In actions under this title, a motion picture is admissible into evidence, and the district attorney or Attorney General can meet the nuisance burden of proof only with clear and convincing evidence independent of the motion picture itself.

Actions brought under this title must be filed as promptly as possible and are given priority over other actions, except criminal proceedings and election contests.

Violating or disobeying an injunction or order under this title can be punished as contempt of court with a fine of $200 to $1,000.

Distributors and producers can be jointly liable for damages in certain motion-picture nuisance actions, and both must help defend the case. Exhibitors are not liable for certain contract obligations if the film is finally determined to be a nuisance.

This section lists motion-picture situations where the title does not apply, including certain films, older films, edited/remade films, and animal-taking or animal-scene exceptions.

A producer who willfully misstates or causes a false statement about facts in certain Section 3508 statements commits a misdemeanor.

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

The listed maxims of jurisprudence are meant to help apply the code justly and do not change any earlier provisions.

A rule should end when the reason for it no longer exists.

The rule says that when the reason is the same, the rule should be the same.

A person must not change their purpose if doing so would injure another person.

A person may waive a law made only for that person’s benefit, but a law made for a public reason cannot be overridden by a private agreement.

A person must use their own rights without infringing the rights of others.

A person who consents to an act is not wronged by that act.

If a person acquiesces in an error, they lose the right to object to it.

No one may take advantage of their own wrong.

A person who fraudulently dispossesses themselves of a thing may be treated as still in possession.

If a person can stop an act done on their behalf and does not do so, the law deems them to have authorized it.

No one should suffer because of another person's act.

A person who accepts a benefit must also bear the burden tied to it.

A person who grants a thing is presumed to also grant what is essential to using it.

This section states that every wrong has a remedy.

If two parties are equally right or equally wrong, the law does not intervene.

If two rights are otherwise equal, the one that arose first is preferred.

No one is responsible for something that no one can control.

The law favors people who act promptly to protect their rights.

The law gives more importance to substance than to form.

Something that ought to have been done is treated as done for the person entitled to performance and against the person who owes performance.

Something that does not appear to exist is treated as if it does not exist.

The law never requires impossibilities.

The law does not do or require pointless acts.

The law disregards trifles.

Specific words control or limit broader general words.

Contemporaneous exposition is generally the best guide to interpretation.

This section states the maxim: “The greater contains the less.”

Superfluity does not vitiate.

A thing is certain if it can be made certain.

A void act is not made valid just because time has passed.

The maxim states that an incident follows the principal, not the other way around.

When interpreting a rule, prefer the reading that gives it effect over one that would make it void.

Interpretation must be reasonable.

If two innocent people are affected by a third party’s act, the loss falls on the person whose negligence caused it.

Private transactions are treated as fair and regular.

Things generally happen according to the ordinary course of nature and the ordinary habits of life.

A thing is treated as continuing to exist for as long as things of that kind usually do.

This provision states that the law has been obeyed.

A person entirely without understanding cannot make a contract, but may still be liable for the reasonable value of necessary goods or services provided for their support or their family’s support.

A contract or conveyance made by a person of unsound mind may be rescinded if it was made before incapacity was judicially determined, and there is a rebuttable presumption of unsound mind in certain cases.

A person of unsound mind may not make conveyances or contracts, delegate powers, or waive rights after incapacity has been judicially determined, until capacity is restored.

This part is named the Davis-Stirling Common Interest Development Act and may be cited by that name.

Headings for divisions, parts, titles, chapters, articles, and sections do not change this act’s scope, meaning, or intent.

This section says the 2014 common interest developments part does not invalidate pre-January 1, 2014 documents or actions that were proper under the law at the time.

A local zoning ordinance is to be interpreted, unless a contrary intent is clearly stated, so that like structures, lots, parcels, areas, or spaces are treated alike regardless of the form of the common interest development.

If a document must be delivered to an association, it must go to the designated recipient listed in the annual policy statement, or to the president or secretary if no one is designated. The association may accept delivery by several methods, and if it accepts personal delivery it must give a written receipt.

An association must deliver certain notices or documents using the member’s preferred delivery method, or by listed mail/carrier methods if no valid method was provided, and must send extra copies to a secondary address when requested.

Members must give the association annual written notice about delivery preferences, contact details, and occupancy status. The association must collect and record the notices, include specific email-related notices in its solicitation, and resend notices if an email address is no longer valid.

If general delivery or general notice is required, the document must be given by one or more listed methods. A member can also request individual delivery for general notices.

This section says when delivery of a document counts as complete under the act.

If information is delivered electronically under Section 4040, a writing requirement is satisfied when the recipient gets an electronic record they can retain.

If an act must be approved by a majority of all members, it is approved or ratified by an affirmative vote of a majority of the votes entitled to be cast.

When another provision requires approval by a majority of a quorum, the action must be approved or ratified by an affirmative vote of a majority of the votes represented and voting in a duly held election with a quorum present.

The article’s definitions control how this act is interpreted.

This section defines “annual budget report” as the report described in Section 5300.

This section defines “annual policy statement” as the statement described in Section 5310.

This section defines “association” as a nonprofit corporation or unincorporated association created to manage a common interest development.

This section defines “Board” as the board of directors of the association.

Defines “board meeting” and sets requirements for teleconference board meetings, including notice, physical location, and participation rules.

This section defines “common area” for common interest developments and gives a special rule for certain planned developments.

A person of unsound mind is civilly liable for a wrong done by that person, but cannot be awarded exemplary damages unless they could know the act was wrongful at the time.

This section defines “common interest development” as a community apartment project, condominium project, planned development, or stock cooperative.

This section defines “community apartment project” as a development where land is held in an undivided interest and each apartment carries the right of exclusive occupancy.

This section defines “community service organization or similar entity” and excludes certain fundraising-only entities.

“Condominium plan” means a plan described in Section 4285.

This section defines “condominium project,” “condominium,” and what an individual condominium may include.

This section defines “Declarant” for common interest development declarations.

“Declaration” means the document that contains the information required by Sections 4250 and 4255.

“Director” means a natural person who serves on the board.

This section defines “exclusive use common area” and identifies certain fixtures and telephone wiring as exclusive use common area in specified circumstances.

“General notice” means delivering a document under Section 4045.

“Governing documents” means the declaration and related documents that govern a common interest development or association.

“Individual notice” means delivering a document under Section 4040.

“Item of business” means an action within the board’s authority, except actions the board has validly delegated away.

This section defines “managing agent” and excludes certain regulated financial institutions and attorneys acting within their licensed scope.

“Member” means an owner of a separate interest.

This section defines “Person” to include a wide range of individuals and entities.

This section defines “planned development” and lists the features it must have to fit that term.

This section defines “reserve accounts” for common interest developments.

This section defines “reserve account requirements” as the funds the board determines must be available at a specified time for repairing, replacing, or restoring major components the association must maintain.

This section defines “separate interest” differently for community apartment projects, condominium projects, planned developments, and stock cooperatives.

This section defines “stock cooperative” and says it also includes certain limited equity housing cooperatives.

The act applies, and a common interest development is created, when a separate interest with an interest in the common area or membership in the association is conveyed, if the required records are filed.