Civil Code — Part 14 | CIV — United States — California law | Esheria

Civil Code

Part 14 of 20 · provisions 2,601–2,800

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

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  1. 3433.

    ## 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 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.

    ## 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. ) ## 3433. Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all of them, the latter may require the former to seek satisfaction from those funds to which the latter has no such claim, so far as it can be done without impairing the right of the former to complete satisfaction, and without doing injustice to third persons. (Enacted 1872.)
  2. 3434.

    ## 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 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.

    ## 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. ) ## 3434. A lender who makes a loan of money, the proceeds of which are used or may be used by the borrower to finance the design, manufacture, construction, repair, modification or improvement of real or personal property for sale or lease to others, shall not be held liable to third persons for any loss or damage occasioned by any defect in the real or personal property so designed, manufactured, constructed, repaired, modified or improved or for any loss or damage resulting from the failure of the borrower to use due care in the design, manufacture, construction, repair, modification or improvement of such real or personal property, unless such loss or damage is a result of an act of the lender outside the scope of the activities of a lender of money or unless the lender has been a party to misrepresentations with respect to such real or personal property. (Added by Stats. 1969, Ch. 1584.)
  3. 3439.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439. This chapter may be cited as the Uniform Voidable Transactions Act. (Amended by Stats. 2015, Ch. 44, Sec. 3. (SB 161) Effective January 1, 2016.)
  4. 3439.01.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.01. As used in this chapter the following definitions are applicable: (a) “Asset” means property of a debtor, but the term does not include the following: (1) Property to the extent it is encumbered by a valid lien. (2) Property to the extent it is generally exempt under nonbankruptcy law. (3) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant. (b) “Claim,” except as used in “claim for relief,” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. (c) “Creditor” means a person that has a claim, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, of a debtor. (d) “Debt” means liability on a claim. (e) “Debtor” means a person that is liable on a claim. (f) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (g) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. (h) “Organization” means a person other than an individual. (i) “Person” means an individual, partnership, corporation, limited liability company, association, government or governmental subdivision, instrumentality or agency, business trust, estate, trust, business or nonprofit entity, or other legal entity. (j) “Property” means anything that may be the subject of ownership. (k) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (l) “Sign” means, with present intent to authenticate or adopt a record, to either (1) execute or adopt a tangible symbol, or (2) attach to or logically associate with the record an electronic symbol, sound, or process. (m) “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. (n) “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. (Amended by Stats. 2015, Ch. 44, Sec. 4. (SB 161) Effective January 1, 2016.)
  5. 3439.02.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.02. (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (b) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence. (c) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter. (d) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset. (Amended by Stats. 2015, Ch. 44, Sec. 5. (SB 161) Effective January 1, 2016.)
  6. 3439.03.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.03. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person. (Repealed and added by Stats. 1986, Ch. 383, Sec. 2.)
  7. 3439.04.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.04. (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation as follows: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor. (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor either: (A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction. (B) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due. (b) In determining actual intent under paragraph (1) of subdivision (a), consideration may be given, among other factors, to any or all of the following: (1) Whether the transfer or obligation was to an insider. (2) Whether the debtor retained possession or control of the property transferred after the transfer. (3) Whether the transfer or obligation was disclosed or concealed. (4) Whether before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit. (5) Whether the transfer was of substantially all the debtor’s assets. (6) Whether the debtor absconded. (7) Whether the debtor removed or concealed assets. (8) Whether the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred. (9) Whether the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred. (10) Whether the transfer occurred shortly before or shortly after a substantial debt was incurred. (11) Whether the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor. (c) A creditor making a claim for relief under subdivision (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence. (Amended by Stats. 2015, Ch. 44, Sec. 6. (SB 161) Effective January 1, 2016.)
  8. 3439.05.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.05. (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. (b) A creditor making a claim for relief under subdivision (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence. (Amended by Stats. 2015, Ch. 44, Sec. 7. (SB 161) Effective January 1, 2016.)
  9. 3439.06.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.06. For the purposes of this chapter: (a) A transfer is made: (1) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (2) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee. (b) If applicable law permits the transfer to be perfected as provided in subdivision (a) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action. (c) If applicable law does not permit the transfer to be perfected as provided in subdivision (a), the transfer is made when it becomes effective between the debtor and the transferee. (d) A transfer is not made until the debtor has acquired rights in the asset transferred. (e) An obligation is incurred: (1) If oral, when it becomes effective between the parties; or (2) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee. (Amended by Stats. 2015, Ch. 44, Sec. 8. (SB 161) Effective January 1, 2016.)
  10. 3439.07.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.07. (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 3439.08, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim. (2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedures described in Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure, or as may otherwise be available under applicable law. (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, the following: (A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or other property of the transferee. (B) Appointment of a receiver to take charge of the asset transferred or other property of the transferee. (C) Any other relief the circumstances may require. (b) If a creditor has commenced an action on a claim against the debtor, the creditor may attach the asset transferred or other property of the transferee if the remedy of attachment is available in the action under applicable law and the property is subject to attachment in the hands of the transferee under applicable law. (c) If a creditor has obtained a judgment on a claim against the debtor, the creditor may levy execution on the asset transferred or its proceeds. (d) A creditor who is an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, may exercise any and all of the rights and remedies specified in this section if they are available to any one or more creditors of the assignor who are beneficiaries of the assignment, and, in that event (1) only to the extent the rights or remedies are so available and (2) only for the benefit of those creditors whose rights are asserted by the assignee. (Amended by Stats. 2015, Ch. 44, Sec. 9. (SB 161) Effective January 1, 2016.)
  11. 3439.08.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.08. (a) A transfer or obligation is not voidable under paragraph (1) of subdivision (a) of Section 3439.04, against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee. (b) To the extent a transfer is avoidable in an action by a creditor under paragraph (1) of subdivision (a) of Section 3439.07, the following rules apply: (1) Except as otherwise provided in this section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subdivision (c), or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against the following: (A) The first transferee of the asset or the person for whose benefit the transfer was made. (B) An immediate or mediate transferee of the first transferee, other than either of the following: (i) A good faith transferee that took for value. (ii) An immediate or mediate good faith transferee of a person described in clause (i). (2) Recovery pursuant to paragraph (1) of subdivision (a), or subdivision (b), or subdivision (c) of Section 3439.07 of or from the asset transferred or its proceeds, or other property of the transferee, as applicable, by levy or otherwise, is available only against a person described in subparagraph (A) or (B) of paragraph (1). (c) If the judgment under subdivision (b) is based upon the value of the asset transferred, the judgment shall be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require. (d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to the following: (1) A lien on or a right to retain an interest in the asset transferred. (2) Enforcement of an obligation incurred. (3) A reduction in the amount of the liability on the judgment. (e) A transfer is not voidable under paragraph (2) of subdivision (a) of Section 3439.04 or Section 3439.05 if the transfer results from either of the following: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law. (2) Enforcement of a lien in a noncollusive manner and in compliance with applicable law, including Division 9 (commencing with Section 9101) of the Commercial Code, other than a retention of collateral under Sections 9620 and 9621 of the Commercial Code and other than a voluntary transfer of the collateral by the debtor to the lienor in satisfaction of all or part of the secured obligation. (f) The following rules determine the burden of proving matters referred to in this section: (1) A party that seeks to invoke subdivision (a), (d), or (e) has the burden of proving the applicability of that subdivision. (2) Except as otherwise provided in paragraph (3) or (4), the creditor has the burden of proving each applicable element of subdivision (b) or (c). (3) The transferee has the burden of proving the applicability to the transferee of subparagraph (B) of paragraph (1) of subdivision (b). (4) A party that seeks adjustment under subdivision (c) has the burden of proving the adjustment. (g) The standard of proof required to establish matters referred to in this section is preponderance of the evidence. (Amended by Stats. 2015, Ch. 44, Sec. 10. (SB 161) Effective January 1, 2016.)
  12. 3439.09.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

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    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.09. A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07: (a) Under paragraph (1) of subdivision (a) of Section 3439.04, not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant. (b) Under paragraph (2) of subdivision (a) of Section 3439.04 or Section 3439.05, not later than four years after the transfer was made or the obligation was incurred. (c) Notwithstanding any other provision of law, a cause of action under this chapter with respect to a transfer or obligation is extinguished if no action is brought or levy made within seven years after the transfer was made or the obligation was incurred. (Amended by Stats. 2015, Ch. 44, Sec. 11. (SB 161) Effective January 1, 2016.)
  13. 3439.10.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

    Verify source ↗

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.10. (a) In this section, the following rules determine a debtor’s location: (1) A debtor who is an individual is located at the individual’s principal residence. (2) A debtor that is an organization and has only one place of business is located at its place of business. (3) A debtor that is an organization and has more than one place of business is located at its chief executive office. (b) A claim in the nature of a claim under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred. (Added by Stats. 2015, Ch. 44, Sec. 13. (SB 161) Effective January 1, 2016.)
  14. 3439.12.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

    Verify source ↗

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.12. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. (Added by renumbering Section 3439.10 by Stats. 2015, Ch. 44, Sec. 12. (SB 161) Effective January 1, 2016.)
  15. 3439.13.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

    Verify source ↗

    This chapter must be applied and interpreted to carry out its general purpose of making the law uniform across 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 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR [3429 - 3449] ( Part 2 enacted 1872. ) ## TITLE 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.13. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Added by renumbering Section 3439.11 by Stats. 2015, Ch. 44, Sec. 14. (SB 161) Effective January 1, 2016.)
  16. 3439.14.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. )

    Verify source ↗

    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 1. Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) ## 3439.14. (a) The changes to this chapter made by the act adding this subdivision apply only to a right of action that accrued, transfer made, or obligation incurred, on or after the effective date of that act. (b) This chapter, and the other changes in the law made by Chapter 383 of the Statutes of 1986, apply only to transfers made or obligations incurred before the effective date of the act that added subdivision (a) and on or after January 1, 1987. As to transfers made or obligations incurred prior to January 1, 1987, the law in effect at the time the transfer was made or the obligation was incurred shall apply. (c) Section 3439.06 shall determine the date that a transfer was made or obligation incurred. (d) The provisions of this chapter, insofar as they are substantially the same as the provisions of this chapter in effect on December 31, 2015, shall be construed as restatements and continuations, and not as new enactments. (Added by renumbering Section 3439.12 by Stats. 2015, Ch. 44, Sec. 15. (SB 161) Effective January 1, 2016.)
  17. 3440.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. )

    Verify source ↗

    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. ) ## 3440. (a) Except as otherwise provided in this chapter, every transfer of personal property made by a person having at the time the possession of the property, and not accompanied by an immediate delivery followed by an actual and continued change of possession of the property, is void as against the transferor’s creditors (secured or unsecured) at the time of the transfer and those who become creditors while the transferor remains in possession and the successors in interest of those creditors, and as against buyers from the transferor for value in good faith subsequent to the transfer. (b) As used in this chapter, “creditor” means a person who has a claim, as defined in Section 3439.01, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, of a debtor. “Creditor” also includes any person to whom the transferor’s estate devolves in trust for the benefit of persons other than the transferor. Any such assignee or trustee may exercise any and all the rights and remedies specified in this chapter, if they are available to any one or more creditors of the assignor or transferor who are beneficiaries of the assignment or trust, and, in that event (1) only to the extent the rights or remedies are so available and (2) only for the benefit of those creditors whose rights are asserted by the assignee or trustee. (Amended by Stats. 1987, Ch. 40, Sec. 3. Effective June 8, 1987.)
  18. 3440.1.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. )

    Verify source ↗

    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. ) ## 3440.1. This chapter does not apply to any of the following: (a) Things in action. (b) Ships or cargoes if either are at sea or in a foreign port. (c) The sale of accounts, chattel paper, payment intangibles, or promissory notes governed by the Uniform Commercial Code, security interests, and contracts of bottomry or respondentia. (d) Wines or brandies in the wineries, distilleries, or wine cellars of the makers or owners of the wines or brandies, or other persons having possession, care, and control of the wines or brandies, and the pipes, casks, and tanks in which the wines or brandies are contained, if the transfers are made in writing and executed and acknowledged, and if the transfers are recorded in the book of official records in the office of the county recorder of the county in which the wines, brandies, pipes, casks, and tanks are situated. (e) A transfer or assignment made for the benefit of creditors generally or by an assignee acting under an assignment for the benefit of creditors generally. (f) Property exempt from enforcement of a money judgment. (g) Standing timber. (h) Subject to the limitations in Section 3440.3, a transfer of personal property if all of the following conditions are satisfied: (1) Before the date of the intended transfer, the transferor or the transferee files a financing statement, with respect to the property transferred, authorized in an authenticated record by the transferor. The financing statement shall be filed in the office of the Secretary of State in accordance with Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code, but may use the terms “transferor” in lieu of “debtor” and “transferee” in lieu of “secured party.” The provisions of Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code shall apply as appropriate to the financing statement. (2) The transferor or the transferee publishes a notice of the intended transfer one time in a newspaper of general circulation published in the public notice district in which the personal property is located, if there is one, and if there is none in the public notice district, then in a newspaper of general circulation in the county in which the personal property is located. The publication shall be completed not less than 10 days before the date the transfer occurs. The notice shall contain the name and address of the transferor and transferee and a general statement of the character of the personal property intended to be transferred, and shall indicate the place where the personal property is located and a date on or after which the transfer is to be made. (i) Personal property not located within this state at the time of the transfer or attachment of the lien if the provisions of this subdivision are not used for the purpose of evading this chapter. (j) A transfer of property that (1) is subject to a statute or treaty of the United States or a statute of this state that provides for the registration of transfers of title or issuance of certificates of title and (2) is so far perfected under that statute or treaty that a bona fide purchaser cannot acquire an interest in the property transferred that is superior to the interest of the transferee. (k) A transfer of personal property in connection with a transaction in which the property is immediately thereafter leased by the transferor from the transferee provided the transferee purchased the property for value and in good faith pursuant to subdivision (c) of Section 10308 of the Commercial Code. (l) Water supply property, as defined in Section 849 of the Public Utilities Code. (m) A transfer of property by any governmental entity. (n) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code. (Amended by Stats. 2016, Ch. 703, Sec. 4. (AB 2881) Effective January 1, 2017.)
  19. 3440.2.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. )

    Verify source ↗

    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. ) ## 3440.2. Subject to Section 3440.3, a transfer of personal property shall not be void under Section 3440 as against a creditor of the transferor or as against a buyer from the transferor, if the creditor’s or buyer’s claim or right against the transferor arises after the date all of the requirements of subdivision (h) of Section 3440.1 have been met, other than the requirement that filing of the financing statement and publication of the notice referred to therein be completed prior to the transfer. (Added by Stats. 1985, Ch. 1368, Sec. 2.)
  20. 3440.3.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. )

    Verify source ↗

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. ) ## 3440.3. A transfer of personal property, as to which the conditions set forth in subdivision (h) of Section 3440.1, Section 3440.2, or subdivision (b) of Section 3440.5 are satisfied, shall, nevertheless, be void under Section 3440 as against a person who has purchased the personal property from the transferor and who is a “buyer in the ordinary course of business,” as defined in paragraph (9) of subdivision (b) of Section 1201 of the Commercial Code. (Amended by Stats. 2006, Ch. 254, Sec. 5. Effective January 1, 2007.)
  21. 3440.4.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. )

    Verify source ↗

    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. ) ## 3440.4. This chapter does not affect the rights of a buyer for value in good faith who purchases the transferred personal property from the transferee or from a successor in interest of the transferee, provided the transferor is no longer in possession of the personal property at the time of the purchase by that buyer. (Added by Stats. 1985, Ch. 1368, Sec. 4.)
  22. 3440.5.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. )

    Verify source ↗

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. ) ## 3440.5. (a) This chapter does not affect the rights of a secured party who, for value and in good faith, acquires a security interest in the transferred personal property from the transferee, or from the transferee’s successor in interest, if the transferor is no longer in possession of the personal property at the time the security interest attaches. (b) Additionally, except as provided in Section 3440.3, this chapter does not affect the rights of a secured party who acquires a security interest from the transferee, or from the transferee’s successor in interest, in the personal property, if all of the following conditions are satisfied: (1) On or before the date the security agreement is executed, the intended debtor or secured party files a financing statement with respect to the property transferred, signed by the intended debtor. The financing statement shall be filed in the office of the Secretary of State in accordance with Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code, but shall use the terms “transferor” in lieu of “debtor,” “transferee” in lieu of “secured party,” and “secured party” in lieu of “assignee of secured party.” The provisions of Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code shall apply as appropriate to the financing statement. For the purpose of indexing, and in any certification of search, the Secretary of State may refer to any financing statement filed pursuant to this paragraph as a financing statement under the Commercial Code and may describe the transferor as a debtor and the transferee as a secured party. (2) The intended debtor or secured party publishes a notice of the transfer one time in a newspaper of general circulation published in the public notice district in which the personal property is located, if there is one, and if there is none in the public notice district, then in a newspaper of general circulation in the county in which the personal property is located. The publication shall be completed not less than 10 days before the date of execution by the intended debtor of the intended security agreement. The notice shall contain the names and addresses of the transferor and transferee and of the intended debtor and secured party, a general statement of the character of the personal property transferred and intended to be subject to the security interest, the location of the personal property, and the date on or after which the security agreement is to be executed by the intended debtor. (c) Compliance with paragraph (1) of subdivision (b) shall not perfect the security interest of the secured party. Perfection of that security interest shall be governed by Division 9 (commencing with Section 9101) of the Commercial Code. (d) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code. (Amended by Stats. 2016, Ch. 703, Sec. 5. (AB 2881) Effective January 1, 2017. Note: Amendment by Stats. 1999, Ch. 991, is operative July 1, 2001, by Sec. 75 of Ch. 991.)
  23. 3440.6.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. )

    Verify source ↗

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. ) ## 3440.6. No action shall be brought or levy made under this chapter more than one year after the earliest of the following dates: (a) The date the person bringing the action or making the levy should have discovered the transfer in the exercise of reasonable diligence. (b) The date the person bringing the action or making the levy obtained actual knowledge of the transfer. (c) The date the delivery of, and actual and continued change of possession of, the property transferred occurred. (d) If the financing statement filed pursuant to subdivision (h) of Section 3440.1 has not lapsed, the date the filing and publication requirements of subdivision (h) of Section 3440.1 were met, other than the requirement that the filing of the financing statement and publication of the notice referred to therein be completed prior to the transfer. (Added by Stats. 1985, Ch. 1368, Sec. 5.)
  24. 3440.9.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. )

    Verify source ↗

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 2. Conveyance of Personal Property Without Delivery [3440 - 3440.9] ( Heading of Chapter 2 added by Stats. 1982, Ch. 517, Sec. 88. ) ## 3440.9. Subdivision (2) of Section 2402 and subdivision (a) of Section 10308 of the Commercial Code are not restricted by the provisions of this chapter. (Amended by Stats. 1994, Ch. 668, Sec. 4. Effective January 1, 1995.)
  25. 3445.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. )

    Verify source ↗

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. ) ## 3445. As used in this chapter: (a) “Transfer” means “transfer” as defined in Section 3439.01. (b) “Creditor” means “creditor” as defined in Section 3439.01. (c) “Transferee” means the person to whom property was transferred or an obligation was incurred, or the successors or assigns of the person. (Amended by Stats. 1986, Ch. 383, Sec. 4.)
  26. 3446.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. )

    Verify source ↗

    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. ) ## 3446. (a) In an action by a creditor for relief against a transfer or obligation under Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 on the ground that the transfer or obligation is voidable as to the creditor, the transferee may give an undertaking as provided in this chapter. (b) If an undertaking is given as provided in this chapter, the transferee may sell, encumber, transfer, convey, mortgage, pledge, or otherwise dispose of the property or obligation, or a part thereof, and the purchaser, encumbrancer, transferee, mortgagee, grantee, or pledgee of the property or obligation takes, owns, holds, and possesses the property or obligation unaffected by the action and any judgment that is rendered in the action. (Amended by Stats. 2015, Ch. 44, Sec. 17. (SB 161) Effective January 1, 2016.)
  27. 3447.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. )

    Verify source ↗

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. ) ## 3447. The undertaking shall be conditioned that, if it is determined in the action that the transfer or obligation was voidable as to the creditor, the transferee will pay to the creditor the lesser of the following amounts: (a) The value of the property or obligation as estimated in the undertaking. (b) The amount determined in the action to be due and owing to the creditor by the person who transferred the property or incurred the obligation. (Amended by Stats. 2015, Ch. 44, Sec. 18. (SB 161) Effective January 1, 2016.)
  28. 3448.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. )

    Verify source ↗

    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.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. ) ## 3448. The undertaking shall be in the lesser of the following amounts: (a) Double the value of the property or obligation. (b) Double the amount of the creditor’s claim in the action. (Added by Stats. 1982, Ch. 517, Sec. 93.)
  29. 3449.

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. )

    Verify source ↗

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

    ## 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 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS [3439 - 3449] ( Heading of Title 2 amended by Stats. 2015, Ch. 44, Sec. 1. ) ## CHAPTER 3. Undertaking in Voidable Transfer Action [3445 - 3449] ( Heading of Chapter 3 amended by Stats. 2015, Ch. 44, Sec. 16. ) ## 3449. The undertaking becomes effective 10 days after service of the undertaking on the creditor. (Added by Stats. 1982, Ch. 517, Sec. 93.)
  30. 3479.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. (Amended by Stats. 1996, Ch. 658, Sec. 1. Effective January 1, 1997.)
  31. 3481.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3481. Every nuisance not included in the definition of the last section is private. (Enacted 1872.)
  32. 3482.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. (Enacted 1872.)
  33. 3482.1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3482.1. (a) As used in this section: (1) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity. (2) “Sport shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport or law enforcement training purpose. (3) “Indoor shooting range” means a totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range’s approved use. (4) “Nighttime” means between the hours of 10 p.m. and 7 a.m. (b) (1) Except as provided in subdivision (f), a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time construction or operation of the range was approved by a local public entity having jurisdiction in the matter, or if there were no such laws or ordinances that applied to the range and its operation at that time. (2) Except as provided in subdivision (f), a person who operates or uses a sport shooting range or law enforcement training range is not subject to an action for nuisance, and a court shall not enjoin the use or operation of a range, on the basis of noise or noise pollution if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time construction or operation of the range was approved by a local public entity having jurisdiction in the matter, or if there were no such laws or ordinances that applied to the range and its operation at that time. (3) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section. (c) A person who acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved sport shooting range may not maintain a nuisance action with respect to noise or noise pollution against the person who owns the range to restrain, enjoin, or impede the use of the range where there has been no substantial change in the nature or use of the range. This section does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range. (d) A sport shooting range that is in operation and not in violation of existing law at the time of the enactment of an ordinance described in subdivision (b) shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to a new ordinance or an amendment to an existing ordinance if there has been no substantial change in the nature or use of the range. Nothing in this section shall be construed to limit the authority of a local agency to enforce any term of a conditional use permit. (e) Except as otherwise provided in this section, this section does not prohibit a local public entity having jurisdiction in the matter from regulating the location and construction of a sport shooting range after the effective date of this section. (f) This section does not prohibit a local public entity having jurisdiction in the matter from requiring that noise levels at the nearest residential property line to a range not exceed the level of normal city street noise which shall not be more than 60 decibels for nighttime shooting. The subdivision does not abrogate any existing local standards for nighttime shooting. The operator of a sport shooting range shall not unreasonably refuse to use trees, shrubs, or barriers, when appropriate, to mitigate the noise generated by nighttime shooting. For the purpose of this section, a reasonable effort to mitigate is an action that can be accomplished in a manner and at a cost that does not impose an unreasonable financial burden upon the operator of the range. (g) This section does not apply to indoor shooting ranges. (h) This section does not apply to a range in existence prior to January 1, 1998, that is operated for law enforcement training purposes by a county of the sixth class if the range is located without the boundaries of that county and within the boundaries of another county. This subdivision shall become operative on July 1, 1999. (Amended by Stats. 1998, Ch. 141, Sec. 1. Effective July 13, 1998.)
  34. 3482.5.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3482.5. (a) (1) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began. (2) No activity of a district agricultural association that is operated in compliance with Division 3 (commencing with Section 3001) of the Food and Agricultural Code, shall be or become a private or public nuisance due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began. This paragraph shall not apply to any activities of the 52nd District Agricultural Association that are conducted on the grounds of the California Exposition and State Fair, nor to any public nuisance action brought by a city, county, or city and county alleging that the activities, operations, or conditions of a district agricultural association have substantially changed after more than three years from the time that the activities, operations, or conditions began. (b) Paragraph (1) of subdivision (a) shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway. (c) Paragraph (1) of subdivision (a) shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof constitute a nuisance, public or private, as specifically defined or described in any of those provisions. (d) This section shall prevail over any contrary provision of any ordinance or regulation of any city, county, city and county, or other political subdivision of the state. However, nothing in this section shall preclude a city, county, city and county, or other political subdivision of this state, acting within its constitutional or statutory authority and not in conflict with other provisions of state law, from adopting an ordinance that allows notification to a prospective homeowner that the dwelling is in close proximity to an agricultural activity, operation, facility, or appurtenances thereof and is subject to the provisions of this section consistent with Section 1102.6a. (e) For purposes of this section, the term “agricultural activity, operation, or facility, or appurtenances thereof” shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market. (Amended by Stats. 1992, Ch. 97, Sec. 1. Effective January 1, 1993.)
  35. 3482.6.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3482.6. (a) No agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in continuous operation for more than three years if it was not a nuisance at the time it began. (b) If an agricultural processing activity, operation, facility, or appurtenances thereof substantially increases its activities or operations after January 1, 1993, then a public or private nuisance action may be brought with respect to those increases in activities or operations that have a significant effect on the environment. For increases in activities or operations that have been in effect more than three years, there is a rebuttable presumption affecting the burden of producing evidence that the increase was not substantial. (c) This section does not supersede any other provision of law, except other provisions of this part, if the agricultural processing activity, operation, facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in the provision. (d) This section prevails over any contrary provision of any ordinance or regulation of any city, county, city and county, or other political subdivision of the state, except regulations adopted pursuant to Section 41700 of the Health and Safety Code as applied to agricultural processing activities, operations, facilities, or appurtenances thereof that are surrounded by housing or commercial development on January 1, 1993. However, nothing in this section precludes a city, county, city and county, or other political subdivision of this state, acting within its constitutional or statutory authority and not in conflict with other provisions of state law, from adopting an ordinance that allows notification to a prospective homeowner that the dwelling is in close proximity to an agricultural processing activity, operation, facility, or appurtenances thereof and is subject to provisions of this section consistent with Section 1102.6a. (e) For the purposes of this section, the following definitions apply: (1) “Agricultural processing activity, operation, facility, or appurtenances thereof” includes, but is not limited to rendering plants licensed pursuant to Section 19300 of the Food and Agricultural Code and collection centers licensed pursuant to Section 19300.5 of the Food and Agricultural Code, the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of beer and wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage or warehousing of any agricultural products, and includes processing for wholesale or retail markets of agricultural products. (2) “Continuous operation” means at least 30 days of agricultural processing operations per year. (3) “Proper and accepted customs and standards” means the compliance with all applicable state and federal statutes and regulations governing the operation of the agricultural processing activity, operation, facility, or appurtenances thereof with respect to the condition or effect alleged to be a nuisance. (f) This section does not apply to any litigation pending or cause of action accruing prior to January 1, 1993. (Amended by Stats. 1999, Ch. 329, Sec. 1. Effective January 1, 2000.)
  36. 3482.8.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3482.8. Any building or property used for the purpose of willfully conducting dogfighting in violation of Section 597.5 of the Penal Code or cockfighting in violation of subdivision (b) of Section 597b of the Penal Code is a public nuisance. (Added by Stats. 2011, Ch. 128, Sec. 1. (SB 426) Effective January 1, 2012.)
  37. 3483.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3483. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it. (Enacted 1872.)
  38. 3484.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3484. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. (Enacted 1872.)
  39. 3486.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 1. GENERAL PRINCIPLES [3479 - 3486] ( Title 1 enacted 1872. ) ## 3486. (a) To abate the nuisance caused by illegal conduct involving a controlled substance purpose on real property, the city prosecutor or city attorney may file, in the name of the people, an action for unlawful detainer against any person who is in violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure, with respect to that controlled substance purpose. In filing this action, which shall be based upon an arrest report by a law enforcement agency, reporting an offense committed on the property and documented by the observations of a police officer, the city prosecutor or city attorney shall use the procedures set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except that in cases filed under this section, the following also shall apply: (1) (A) Prior to filing an action pursuant to this section, the city prosecutor or city attorney shall give 30 calendar days’ written notice to the owner, requiring the owner to file an action for the removal of the person who is in violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure with respect to a controlled substance purpose. (B) This notice shall include sufficient documentation establishing a violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure and an advisement to the owner of the assignment provision contained in subparagraph (D). The notice shall be served upon the owner and the tenant in accordance with subdivision (e). (C) The notice to the tenant shall, in at least 14-point bold type, meet the following requirements: (i) The notice shall contain the following language: “(Date) (Name of tenant) (Address of tenant) Re: Civil Code Section 3486 Dear (name of tenant): This letter is to inform you that an eviction action may soon be filed in court against you for suspected drug activity. According to state law, Civil Code Section 3486 provides for eviction of persons engaging in such conduct, as described below. (Name of police department) records indicate that you, (name of arrestee), were arrested on (date) for violations of (list violations) on (address of property). A letter has been sent to the property owner(s) advising of your arrest and the requirements of state law, as well as the landlord’s option to assign the unlawful detainer action to the (name of city attorney or prosecutor’s office). A list of legal assistance providers is provided below. Please note, this list is not exclusive and is provided for your information only; the (name of city attorney or prosecutor’s office) does not endorse or recommend any of the listed agencies. Sincerely, (Name of deputy city attorney or city prosecutor) Deputy City (Attorney or Prosecutor) Notice to Tenant: This notice is not a notice of eviction. You should call (name of the city attorney or prosecutor pursuing the action) at (telephone number) or a legal assistance provider to stop the eviction action if any of the following is applicable: (1) You are not the person named in this notice. (2) The person named in the notice does not live with you. (3) The person named in the notice has permanently moved. (4) You do not know the person named in the notice. (5) You want to request that only the person involved in the nuisance be evicted, allowing the other residents to stay. (6) You have any other legal defense or legal reason to stop the eviction action. A list of legal assistance providers is attached to this notice. Some provide free legal assistance if you are eligible.” (ii) The notice shall be provided to the tenant in English and, as translated, in all of the languages identified in subdivision (a) of Section 1632 of the Civil Code. (D) The owner shall, within 30 calendar days of the mailing of the written notice, either provide the city prosecutor or city attorney with all relevant information pertaining to the unlawful detainer case, or provide a written explanation setting forth any safety-related reasons for noncompliance, and an assignment to the city prosecutor or city attorney of the right to bring an unlawful detainer action against the tenant. (E) The assignment shall be on a form provided by the city prosecutor or city attorney and may contain a provision for costs of investigation, discovery, and reasonable attorney’s fees, in an amount not to exceed six hundred dollars ($600). An owner shall only be required to pay the costs or fees upon acceptance of the assignment and the filing of the action for unlawful detainer by the city prosecutor or city attorney. (F) If the city prosecutor or city attorney accepts the assignment of the right of the owner to bring the unlawful detainer action, the owner shall retain all other rights and duties, including the handling of the tenant’s personal property, following issuance of the writ of possession and its delivery to and execution by the appropriate agency. (2) Upon the failure of the owner to file an action pursuant to this section, or to respond to the city prosecutor or city attorney as provided in paragraph (1), or having filed an action, if the owner fails to prosecute it diligently and in good faith, the city prosecutor or city attorney may file and prosecute the action, and join the owner as a defendant in the action. This action shall have precedence over any similar proceeding thereafter brought by the owner, or to one previously brought by the owner and not prosecuted diligently and in good faith. Service of the summons and complaint upon the defendant owner shall be in accordance with Sections 415.10, 415.20, 415.30, 415.40, and 415.50 of the Code of Civil Procedure. (3) If a jury or court finds the defendant tenant guilty of unlawful detainer in a case filed pursuant to paragraph (2), the city prosecutor or city attorney may be awarded costs, including the costs of investigation and discovery and reasonable attorney’s fees. These costs shall be assessed against the defendant owner, to whom notice was directed pursuant to paragraph (1), and once an abstract of judgment is recorded, it shall constitute a lien on the subject real property. (4) This section does not prevent a local governing body from adopting and enforcing laws, consistent with this article, relating to drug abatement. If local laws duplicate or supplement this section, this section shall be construed as providing alternative remedies and not preempting the field. (5) This section does not prevent a tenant from receiving relief against a forfeiture of a lease pursuant to Section 1179 of the Code of Civil Procedure. (b) In any proceeding brought under this section, the court may, upon a showing of good cause, issue a partial eviction ordering the removal of any person, including, but not limited to, members of the tenant’s household if the court finds that the person has engaged in the activities described in subdivision (a). Persons removed pursuant to this section may be permanently barred from returning to or reentering any portion of the entire premises. The court may further order as an express condition of the tenancy that the remaining tenants shall not give permission to or invite any person who has been removed pursuant to this subdivision to return to or reenter any portion of the entire premises. (c) For the purposes of this section, “controlled substance purpose” means the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, or giving away, or providing a place to use or fortification of a place involving, cocaine, phencyclidine, heroin, methamphetamine, or any other controlled substance, in a violation of subdivision (a) of Section 11350, Section 11351, 11351.5, 11352, or 11359, subdivision (a) of Section 11360, or Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, or 11383 of the Health and Safety Code. (d) Notwithstanding subdivision (b) of Section 68097.2 of the Government Code, a public entity may waive all or part of the costs incurred in furnishing the testimony of a peace officer in an unlawful detainer action brought pursuant to this section. (e) The notice and documentation described in paragraph (1) of subdivision (a) shall be given in writing and may be given either by personal delivery or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the owner at the address known to the public entity giving the notice, or as shown on the last equalized assessment roll, if not known. Separate notice of not less than 30 calendar days and documentation shall be provided to the tenant in accordance with this subdivision. Service by mail shall be deemed to be completed at the time of deposit in the United States mail. Proof of giving the notice may be made by a declaration signed under penalty of perjury by any employee of the public entity which shows service in conformity with this section. (f) In an unlawful detainer action filed pursuant to this section, the court shall make one of the following orders: (1) If the grounds for an eviction have not been established pursuant to this section, the court shall dismiss, without prejudice, the unlawful detainer action. (2) If the grounds for an eviction have been established pursuant to this section, the court shall do either of the following: (A) Order that the tenant and all occupants be immediately evicted from the property. (B) Dismiss the unlawful detainer action with or without prejudice or stay execution of an eviction order for a reasonable length of time if the tenant establishes by clear and convincing evidence that the immediate eviction would pose an extreme hardship to the tenant and that this hardship outweighs the health, safety, or welfare of the neighbors or surrounding community. However, the court shall not find an extreme hardship solely on the basis of an economic hardship or the financial inability of the tenant to pay for and secure other housing or lodging accommodations. (3) If the grounds for a partial eviction have been established pursuant to subdivision (b), the court shall order that those persons be immediately removed and barred from the property, but the court shall not order the tenancy be terminated. (g) This section applies only in the County of Los Angeles to a court having jurisdiction over unlawful detainer cases involving real property situated in the City of Los Angeles. (h) This section shall become operative on January 1, 2014, only if the City of Los Angeles has regularly reported to the California Research Bureau as required by this section as it read during the period from January 1, 2010, to January 1, 2014, inclusive. For purposes of this section, the City of Los Angeles shall be deemed to have complied with this reporting requirement if the 2013 report to the Legislature by the California Research Bureau indicates that the City of Los Angeles has regularly reported to the bureau. (Amended by Stats. 2015, Ch. 303, Sec. 33. (AB 731) Effective January 1, 2016.)
  40. 3501.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 3. PRIVATE NUISANCES [3501 - 3503] ( Title 3 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 3. PRIVATE NUISANCES [3501 - 3503] ( Title 3 enacted 1872. ) ## 3501. The remedies against a private nuisance are: 1. A civil action; or, 2. Abatement. (Enacted 1872.)
  41. 3502.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 3. PRIVATE NUISANCES [3501 - 3503] ( Title 3 enacted 1872. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 3. PRIVATE NUISANCES [3501 - 3503] ( Title 3 enacted 1872. ) ## 3502. A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury. (Enacted 1872.)
  42. 3503.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 3. PRIVATE NUISANCES [3501 - 3503] ( Title 3 enacted 1872. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 3. PRIVATE NUISANCES [3501 - 3503] ( Title 3 enacted 1872. ) ## 3503. Where a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his land, reasonable notice must be given to him before entering to abate it. (Enacted 1872.)
  43. 3504.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3504. As used in this title: (a) “Animal” means any amphibian, bird, mammal or reptile. It does not include any fish or insect. (b) “Motion picture” means any motion picture, regardless of length or content, which is exhibited in a motion picture theater to paying customers, or is exhibited on television to paying customers or under the sponsorship of a paying advertiser. It shall not include motion pictures made for scientific, research, or educational purposes, or motion pictures exhibited as home movies, or amateur films, which are shown free or at cost to friends, neighbors or civic groups. (c) “Person” means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees. (Amended by Stats. 1994, Ch. 1010, Sec. 56. Effective January 1, 1995.)
  44. 3505.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3505. (a) The exhibition of any motion picture, if any intentional killing of, or cruelty to, a human being or an animal is shown in the motion picture and such intentional killing of, or cruelty to, a human being or an animal actually occurred in the production of the motion picture for the purpose of such production, is a nuisance, which shall be enjoined, abated, and prevented. (b) As used in this section, “killing” and “cruelty” mean conduct which both (1) results in the death or the infliction of any physical injury or wound, including, but not limited to, any temporary or permanent physical harm resulting from the administration of any drug or chemical, and (2) is patently offensive to the average person, applying contemporary statewide community standards. It does not include conduct committed against a human being to which the human being has given his or her consent. In determining whether conduct is patently offensive, the trier of fact may consider any or all of the following: (i) the degree or extent of the physical injury inflicted, (ii) the manner in which the injury is inflicted, (iii) the extent to which the injuring or wounding or acts resulting therein are depicted on the screen, (iv) the number of instances of infliction of injury, wound or harm occurring in the making of the motion picture, and (v) whether such conduct is lawful or unlawful under any provision of law other than this title. (c) For the purposes of this section, it shall not be a requirement that the entire motion picture and all of the conduct resulting therein be taken into account in determining whether a nuisance exists, and to this end, the Legislature finds and declares that any specific conduct which intentionally results in the killing of, or cruelty to, an animal or a human being in the making of a motion picture is unnecessary and is a nuisance, and that if a motion picture cannot be completed in the absence of such conduct, it is, therefore, a nuisance in its entirety. (Added by Stats. 1978, Ch. 1152.)
  45. 3506.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3506. Whenever there is reasonable cause to believe that a nuisance as defined in this title is kept, maintained or is in existence in any county, the district attorney or the Attorney General, in the name of the people of the State of California, shall, on a proper showing, commence an action in equity to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the nuisance exists, from maintaining or permitting it. As used herein, a proper showing to commence an action under this title must be based upon evidence independent of the motion picture itself that intentional killing of, or cruelty to, a human being or an animal actually occurred in the production of the motion picture for the purpose of such production. (Added by Stats. 1978, Ch. 1152.)
  46. 3507.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3507. Whenever an action is initiated under this title to abate an alleged nuisance, an adversary trial on the merits shall be held pursuant to Section 3507.2. If the court finds that the exhibition of the particular motion picture constitutes a nuisance, it shall issue a permanent injunction to abate and prevent the continuance or recurrence of such nuisance. No temporary restraining order or preliminary injunction shall be granted in such an action. An appeal may be taken from an order issuing a permanent injunction, and any injunction issued pursuant to this title by the trial court may be stayed by such court pending the outcome of such appeal. No appeal may be taken from a ruling by the trial court denying an injunction requested under this title. (Added by Stats. 1978, Ch. 1152.)
  47. 3507.1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3507.1. In actions brought under this title, the motion picture shall be admissible into evidence. The burden of proof that the exhibition of the particular motion picture constitutes a nuisance shall be met by the district attorney or Attorney General only when clear and convincing evidence, independent of the motion picture itself, is provided that the acts alleged actually occurred in the production of the motion picture. (Added by Stats. 1978, Ch. 1152.)
  48. 3507.2.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3507.2. Actions brought under this title shall be brought as promptly as possible. Such actions shall have precedence over all actions, excepting criminal proceedings and election contests. It is also the intent of the Legislature that actions commenced under this title be adjudicated in the most speedy and expeditious manner. (Added by Stats. 1978, Ch. 1152.)
  49. 3507.3.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3507.3. Any violation or disobedience of an injunction or order expressly provided for by this title is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000). (Added by Stats. 1978, Ch. 1152.)
  50. 3507.4.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3507.4. The distributor who furnished a motion picture to a person who is made a defendant in an action under this title, and the producer of a motion picture which is the subject of this title shall be jointly and severally liable, upon proof and after an opportunity to appear and interpose any appropriate defenses, to such person and the exhibitor for damages, including loss of profits, attorney’s fees, and other costs of defending such action. Such distributor and such producer shall actively assist in such defense to the extent that such person possesses information necessary to such defense concerning the production of the motion picture which is not otherwise available to the defendant. The exhibitor shall not be liable upon any portion of any contract made on or after January 1, 1979, which requires the exhibition or advertisement of a motion picture subject to this title on or after the date of the filing of any action under this title, if the motion picture by final decision of a court is determined to be a nuisance under this title. (Added by Stats. 1978, Ch. 1152.)
  51. 3508.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3508. (a) This title shall not apply to any of the following: (1) The exhibition of any motion picture, such as a newsreel or documentary, involving acts of killing or cruelty which were not intentionally committed for the purpose of producing the motion picture. (2) Any motion picture made, in whole or in part, prior to January 1, 1979. (3) Any motion picture all or part of which has been edited or remade so that any previous conduct which constituted a nuisance under this title no longer appears. (4) The taking of any animal as permitted by any provision of the Fish and Game Code or pursuant thereto in accordance with regulations adopted by the Fish and Game Commission unless the time, place, or manner of such taking violates any provision of law except this title. This title shall apply to any other animal whether or not the time, place, or manner of the taking is prohibited by any laws other than this title, however, this title shall not apply to the taking of any animal authorized by law in any other jurisdiction unless the time, place or manner of such taking is prohibited by law or regulation. (5) A motion picture which includes scenes of killing or cruelty to animals if the acts constituting the killing or cruelty were authorized by the laws governing such acts in the jurisdiction where the scenes were filmed. (6) Any motion picture which bears within its contents a statement from the producer of the motion picture that all scenes depicting animals were filmed without the intentional killing of, or cruelty to an animal or that any killing or cruelty to an animal was authorized by the laws of the jurisdiction where the scenes were filmed or that the film is otherwise exempt under this title. (7) Any motion picture if the exhibitor thereof has a written signed statement, or a copy thereof, from the producer of the motion picture that all scenes depicting animals were filmed without the intentional killing of, or cruelty to an animal or that any killing or cruelty to an animal was authorized by the laws of the jurisdiction where the scenes were filmed or that the film is otherwise exempt under this title. (b) This title shall not apply in any case in which it would conflict with federal supremacy in the field of television broadcasting. (Added by Stats. 1978, Ch. 1152.)
  52. 3508.1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3508.1. Any producer who willfully misstates or causes to be misstated any fact contained in a statement under paragraph (6) or (7) of Section 3508 is guilty of a misdemeanor. (Added by Stats. 1978, Ch. 1152.)
  53. 3508.2.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. )

    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 3. NUISANCE [3479 - 3508.2] ( Part 3 enacted 1872. ) ## TITLE 4. MOTION PICTURES [3504 - 3508.2] ( Title 4 added by Stats. 1978, Ch. 1152. ) ## 3508.2. If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this 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. 1978, Ch. 1152.)
  54. 3509.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3509. The maxims of jurisprudence hereinafter set forth are intended not to qualify any of the foregoing provisions of this code, but to aid in their just application. (Amended by Stats. 2013, Ch. 76, Sec. 20. (AB 383) Effective January 1, 2014.)
  55. 3510.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    A rule should end when the reason for it 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 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3510. When the reason of a rule ceases, so should the rule itself. (Enacted 1872.)
  56. 3511.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3511. Where the reason is the same, the rule should be the same. (Enacted 1872.)
  57. 3512.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3512. One shall not change their purpose to the injury of another. (Amended by Stats. 2024, Ch. 812, Sec. 1. (AB 1899) Effective January 1, 2025.)
  58. 3513.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3513. Any one may waive the advantage of a law intended solely for their benefit. But a law established for a public reason cannot be contravened by a private agreement. (Amended by Stats. 2024, Ch. 812, Sec. 2. (AB 1899) Effective January 1, 2025.)
  59. 3514.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3514. One must so use his own rights as not to infringe upon the rights of another. (Enacted 1872.)
  60. 3515.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3515. A person who consents to an act is not wronged by it. (Amended by Stats. 2024, Ch. 812, Sec. 3. (AB 1899) Effective January 1, 2025.)
  61. 3516.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3516. Acquiescence in error takes away the right of objecting to it. (Enacted 1872.)
  62. 3517.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    No one may take advantage of their own wrong.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3517. No one can take advantage of their own wrong. (Amended by Stats. 2024, Ch. 812, Sec. 4. (AB 1899) Effective January 1, 2025.)
  63. 3518.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3518. A person who has fraudulently dispossessed themselves of a thing may be treated as if they still had possession. (Amended by Stats. 2024, Ch. 812, Sec. 5. (AB 1899) Effective January 1, 2025.)
  64. 3519.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3519. A person who can and does not forbid that which is done on their behalf, is deemed to have bidden it. (Amended by Stats. 2024, Ch. 812, Sec. 6. (AB 1899) Effective January 1, 2025.)
  65. 3520.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3520. No one should suffer by the act of another. (Enacted 1872.)
  66. 3521.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3521. A person who takes the benefit must bear the burden. (Amended by Stats. 2024, Ch. 812, Sec. 7. (AB 1899) Effective January 1, 2025.)
  67. 3522.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3522. One who grants a thing is presumed to grant also whatever is essential to its use. (Enacted 1872.)
  68. 3523.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    This section states that every wrong has a remedy.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3523. For every wrong there is a remedy. (Enacted 1872.)
  69. 3524.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3524. Between those who are equally in the right, or equally in the wrong, the law does not interpose. (Enacted 1872.)
  70. 3525.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3525. Between rights otherwise equal, the earliest is preferred. (Enacted 1872.)
  71. 3526.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3526. No person is responsible for that which no person can control. (Amended by Stats. 2024, Ch. 812, Sec. 8. (AB 1899) Effective January 1, 2025.)
  72. 3527.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3527. The law helps the vigilant, before those who sleep on their rights. (Enacted 1872.)
  73. 3528.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    The law gives more importance to substance than to form.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3528. The law respects form less than substance. (Enacted 1872.)
  74. 3529.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3529. That which ought to have been done is to be regarded as done, in favor of a person to whom, and against a person from whom, performance is due. (Amended by Stats. 2024, Ch. 812, Sec. 9. (AB 1899) Effective January 1, 2025.)
  75. 3530.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3530. That which does not appear to exist is to be regarded as if it did not exist. (Enacted 1872.)
  76. 3531.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    The law never requires impossibilities.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3531. The law never requires impossibilities. (Enacted 1872.)
  77. 3532.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    The law does not do or require pointless acts.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3532. The law neither does nor requires idle acts. (Enacted 1872.)
  78. 3533.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    The law disregards trifles.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3533. The law disregards trifles. (Enacted 1872.)
  79. 3534.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    Specific words control or limit broader general words.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3534. Particular expressions qualify those which are general. (Enacted 1872.)
  80. 3535.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    Contemporaneous exposition is generally the best guide to interpretation.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3535. Contemporaneous exposition is in general the best. (Enacted 1872.)
  81. 3536.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3536. The greater contains the less. (Enacted 1872.)
  82. 3537.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    Superfluity does not vitiate.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3537. Superfluity does not vitiate. (Enacted 1872.)
  83. 3538.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    A thing is certain if it can be made certain.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3538. That is certain which can be made certain. (Enacted 1872.)
  84. 3539.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3539. Time does not confirm a void act. (Enacted 1872.)
  85. 3540.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3540. The incident follows the principal, and not the principal the incident. (Enacted 1872.)
  86. 3541.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3541. An interpretation which gives effect is preferred to one which makes void. (Enacted 1872.)
  87. 3542.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    Interpretation 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 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3542. Interpretation must be reasonable. (Enacted 1872.)
  88. 3543.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3543. Where one of two innocent persons must suffer by the act of a third, the person, by whose negligence it happened, must be the sufferer. (Amended by Stats. 2024, Ch. 812, Sec. 10. (AB 1899) Effective January 1, 2025.)
  89. 3545.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    Private transactions are treated as fair and regular.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3545. Private transactions are fair and regular. (Added by Stats. 1965, Ch. 299.)
  90. 3546.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3546. Things happen according to the ordinary course of nature and the ordinary habits of life. (Added by Stats. 1965, Ch. 299.)
  91. 3547.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3547. A thing continues to exist as long as is usual with things of that nature. (Added by Stats. 1965, Ch. 299.)
  92. 3548.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. )

    Verify source ↗

    This provision states that the law has been obeyed.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548] ( Part 4 enacted 1872. ) ## 3548. The law has been obeyed. (Added by Stats. 1965, Ch. 299.)
  93. 38.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 1. PERSONS WITH UNSOUND MIND [38 - 41] ( Part 1 added by Stats. 1992, Ch. 163, Sec. 3. )

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    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.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 1. PERSONS WITH UNSOUND MIND [38 - 41] ( Part 1 added by Stats. 1992, Ch. 163, Sec. 3. ) ## 38. A person entirely without understanding has no power to make a contract of any kind, but the person is liable for the reasonable value of things furnished to the person necessary for the support of the person or the person’s family. (Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  94. 39.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 1. PERSONS WITH UNSOUND MIND [38 - 41] ( Part 1 added by Stats. 1992, Ch. 163, Sec. 3. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 1. PERSONS WITH UNSOUND MIND [38 - 41] ( Part 1 added by Stats. 1992, Ch. 163, Sec. 3. ) ## 39. (a) A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before the incapacity of the person has been judicially determined, is subject to rescission, as provided in Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3. (b) A rebuttable presumption affecting the burden of proof that a person is of unsound mind shall exist for purposes of this section if the person is substantially unable to manage his or her own financial resources or resist fraud or undue influence. Substantial inability may not be proved solely by isolated incidents of negligence or improvidence. (Amended by Stats. 1995, Ch. 842, Sec. 1. Effective January 1, 1996.)
  95. 40.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 1. PERSONS WITH UNSOUND MIND [38 - 41] ( Part 1 added by Stats. 1992, Ch. 163, Sec. 3. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 1. PERSONS WITH UNSOUND MIND [38 - 41] ( Part 1 added by Stats. 1992, Ch. 163, Sec. 3. ) ## 40. (a) Subject to Section 1871 of the Probate Code, and subject to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, after his or her incapacity has been judicially determined a person of unsound mind can make no conveyance or other contract, nor delegate any power or waive any right, until his or her restoration to capacity. (b) Subject to Sections 1873 to 1876, inclusive, of the Probate Code, the establishment of a conservatorship under Division 4 (commencing with Section 1400) of the Probate Code is a judicial determination of the incapacity of the conservatee for the purposes of this section. (Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  96. 4000.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4000. This part shall be known and may be cited as the Davis-Stirling Common Interest Development Act. In a provision of this part, the part may be referred to as the act. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  97. 4005.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4005. Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act. (Amended by Stats. 2013, Ch. 183, Sec. 7. (SB 745) Effective January 1, 2014.)
  98. 4010.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4010. Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the document or action was proper under the law governing common interest developments at the time that the document was prepared or the action was taken. For the purposes of this section, “document” does not include a governing document. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  99. 4020.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4020. Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner regardless of the form of the common interest development. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  100. 4035.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4035. (a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated in the annual policy statement, prepared pursuant to Section 5310, to receive documents on behalf of the association. If no person has been designated to receive documents, the document shall be delivered to the president or secretary of the association. (b) A document delivered pursuant to this section may be delivered by any of the following methods: (1) By email, facsimile, or other electronic means, if the association has assented to that method of delivery. (2) By personal delivery, if the association has assented to that method of delivery. If the association accepts a document by personal delivery it shall provide a written receipt acknowledging delivery of the document. (3) By first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service center. (Amended by Stats. 2013, Ch. 183, Sec. 8. (SB 745) Effective January 1, 2014.)
  101. 4040.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4040. (a) (1) If a provision of this act requires an association to deliver a document by “individual delivery” or “individual notice,” the association shall deliver that document in accordance with the preferred delivery method specified by the member pursuant to Section 4041. (2) If the member has not provided a valid delivery method pursuant to Section 4041, the association shall deliver the document by first-class mail, registered or certified mail, express mail, or overnight delivery by an express service carrier addressed to the recipient at the address last shown on the books of the association. (b) Upon receipt of a request by a member identifying a secondary email or mailing address for delivery of notices, pursuant to Section 5260, the association shall deliver an additional copy of both of the following to the secondary address identified in that request: (1) The documents to be delivered to the member pursuant to Article 7 (commencing with Section 5300) of Chapter 6. (2) The documents to be delivered to the member pursuant to Article 2 (commencing with Section 5650) of Chapter 8 and Section 5710. (c) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member to that method of delivery. (d) This section shall become operative on January 1, 2023. (Repealed (in Sec. 1) and added by Stats. 2021, Ch. 640, Sec. 2. (SB 392) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  102. 4041.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4041. (a) A member shall, on an annual basis, provide written notice to the association of all of the following: (1) The member’s preferred delivery method for receiving notices from the association, which shall include the option of receiving notices at one or both of the following: (A) A mailing address. (B) A valid email address. (2) An alternate or secondary delivery method for receiving notices from the association, which shall include the option to receive notices at one or both of the following: (A) A mailing address. (B) A valid email address. (3) The name, mailing address, and, if available, valid email address of the owner’s legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the member’s extended absence from the separate interest. (4) Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land. (b) (1) The association shall solicit the annual notices described in subdivision (a) of each owner and, at least 30 days before making its own required disclosure under Sections 5300 and 5310, shall enter the data into its books and records. (2) The association shall include in the solicitation required by paragraph (1) both of the following: (A) Notification that the member does not have to provide an email address to the association. (B) A simple method for the member to inform the association in writing that the member wishes to change their preferred delivery method for receiving notices from the association. (c) If a member fails to provide the notices set forth in subdivision (a), the last mailing address provided in writing by the member or, if none, the property address shall be deemed to be the address to which notices are to be delivered. (d) (1) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4080, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records. (2) Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list required by paragraph (1) to the association at least annually for this purpose. (e) For the purposes of this section, a valid email address is one that, after a notice is sent, does not result in a bounce or other error notification indicating failure of the message. If the association delivers a notice to a member’s email address and finds that the email address provided is no longer valid, the association shall resend the notice to a mailing or email address identified by the member pursuant to Section 4040. (Amended by Stats. 2022, Ch. 632, Sec. 1. (SB 1252) Effective January 1, 2023.)
  103. 4045.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4045. (a) If a provision of this act requires “general delivery” or “general notice,” the document shall be provided by one or more of the following methods: (1) Any method provided for delivery of an individual notice pursuant to Section 4040. (2) Inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this section. (3) Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of general notices by the association in the annual policy statement prepared pursuant to Section 5310. (4) If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming. (5) If the association maintains an internet website for the purpose of distributing information on association business to its members, by posting the notice on the association’s internet website in a prominent location that is accessible to all members if designated as a location for posting general notices in the annual policy statement prepared pursuant to Section 5310. (b) Notwithstanding subdivision (a), if a member requests to receive general notices by individual delivery, all general notices to that member, given under this section, shall be delivered pursuant to Section 4040. The option provided in this subdivision shall be described in the annual policy statement prepared pursuant to Section 5310. (Amended by Stats. 2021, Ch. 640, Sec. 4. (SB 392) Effective January 1, 2022.)
  104. 4050.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4050. (a) This section governs the delivery of a document pursuant to this act. (b) If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail. (c) If a document is delivered by electronic means, delivery is complete at the time of transmission. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  105. 4055.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4055. If the association or a member receives information by electronic delivery pursuant to Section 4040, and a provision of this act requires that the information be in writing, that requirement is satisfied if the information is provided in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (Amended by Stats. 2021, Ch. 640, Sec. 5. (SB 392) Effective January 1, 2022.)
  106. 4065.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4065. If a provision of this act requires that an action be approved by a majority of all members, the action shall be approved or ratified by an affirmative vote of a majority of the votes entitled to be cast. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  107. 4070.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [4000 - 4070] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4070. If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be approved or ratified by an affirmative vote of a majority of the votes represented and voting in a duly held election in which a quorum is represented, which affirmative votes also constitute a majority of the required quorum. (Amended by Stats. 2013, Ch. 183, Sec. 9. (SB 745) Effective January 1, 2014.)
  108. 4075.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4075. The definitions in this article govern the construction of this act. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  109. 4076.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4076. “Annual budget report” means the report described in Section 5300. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  110. 4078.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4078. “Annual policy statement” means the statement described in Section 5310. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  111. 4080.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4080. “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  112. 4085.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4085. “Board” means the board of directors of the association. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  113. 4090.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4090. “Board meeting” means either of the following: (a) A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board. (b) A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session or conducted under Section 4926 or 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board. (Amended by Stats. 2023, Ch. 203, Sec. 2. (AB 648) Effective January 1, 2024.)
  114. 4095.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4095. (a) “Common area” means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years, or any combination of the foregoing. (b) Notwithstanding subdivision (a), in a planned development described in subdivision (b) of Section 4175, the common area may consist of mutual or reciprocal easement rights appurtenant to the separate interests. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  115. 41.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 1. PERSONS WITH UNSOUND MIND [38 - 41] ( Part 1 added by Stats. 1992, Ch. 163, Sec. 3. )

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    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.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 1. PERSONS WITH UNSOUND MIND [38 - 41] ( Part 1 added by Stats. 1992, Ch. 163, Sec. 3. ) ## 41. A person of unsound mind, of whatever degree, is civilly liable for a wrong done by the person, but is not liable in exemplary damages unless at the time of the act the person was capable of knowing that the act was wrongful. (Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  116. 4100.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4100. “Common interest development” means any of the following: (a) A community apartment project. (b) A condominium project. (c) A planned development. (d) A stock cooperative. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  117. 4105.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4105. “Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  118. 4110.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4110. (a) “Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common area or facilities are available to the public. (b) “Community service organization or similar entity” does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  119. 4120.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4120. “Condominium plan” means a plan described in Section 4285. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  120. 4125.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4125. (a) A “condominium project” means a real property development consisting of condominiums. (b) A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. (c) The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. (d) An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  121. 4130.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4130. “Declarant” means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  122. 4135.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4135. “Declaration” means the document, however denominated, that contains the information required by Sections 4250 and 4255. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  123. 4140.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4140. “Director” means a natural person who serves on the board. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  124. 4145.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4145. (a) “Exclusive use common area” means a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests. (b) Unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes, and hardware incident thereto, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common area allocated exclusively to that separate interest. (c) Notwithstanding the provisions of the declaration, internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, is exclusive use common area allocated exclusively to that separate interest. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  125. 4148.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4148. “General notice” means the delivery of a document pursuant to Section 4045. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  126. 4150.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4150. “Governing documents” means the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  127. 4153.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4153. “Individual notice” means the delivery of a document pursuant to Section 4040. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  128. 4155.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4155. “Item of business” means any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, managing agent, officer of the association, or committee of the board comprising less than a quorum of the board. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  129. 4158.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4158. (a) A “managing agent” is a person who, for compensation or in expectation of compensation, exercises control over the assets of a common interest development. (b) A “managing agent” does not include any of the following: (1) A regulated financial institution operating within the normal course of its regulated business practice. (2) An attorney at law acting within the scope of the attorney’s license. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  130. 4160.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    “Member” means an owner of a separate interest.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4160. “Member” means an owner of a separate interest. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  131. 4170.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4170. “Person” means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  132. 4175.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4175. “Planned development” means a real property development other than a community apartment project, a condominium project, or a stock cooperative, having either or both of the following features: (a) Common area that is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area. (b) Common area and an association that maintains the common area with the power to levy assessments that may become a lien upon the separate interests in accordance with Article 2 (commencing with Section 5650) of Chapter 8. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  133. 4177.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4177. “Reserve accounts” means both of the following: (a) Moneys that the board has identified for use to defray the future repair or replacement of, or additions to, those major components that the association is obligated to maintain. (b) The funds received, and not yet expended or disposed of, from either a compensatory damage award or settlement to an association from any person for injuries to property, real or personal, arising from any construction or design defects. These funds shall be separately itemized from funds described in subdivision (a). (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  134. 4178.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4178. “Reserve account requirements” means the estimated funds that the board has determined are required to be available at a specified point in time to repair, replace, or restore those major components that the association is obligated to maintain. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  135. 4185.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4185. (a) “Separate interest” has the following meanings: (1) In a community apartment project, “separate interest” means the exclusive right to occupy an apartment, as specified in Section 4105. (2) In a condominium project, “separate interest” means a separately owned unit, as specified in Section 4125. (3) In a planned development, “separate interest” means a separately owned lot, parcel, area, or space. (4) In a stock cooperative, “separate interest” means the exclusive right to occupy a portion of the real property, as specified in Section 4190. (b) Unless the declaration or condominium plan, if any exists, otherwise provides, if walls, floors, or ceilings are designated as boundaries of a separate interest, the interior surfaces of the perimeter walls, floors, ceilings, windows, doors, and outlets located within the separate interest are part of the separate interest and any other portions of the walls, floors, or ceilings are part of the common area. (c) The estate in a separate interest may be a fee, a life estate, an estate for years, or any combination of the foregoing. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  136. 4190.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

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

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 1. General Provisions [4000 - 4190] ( Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Definitions [4075 - 4190] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4190. (a) “Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners’ interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of subdivision (f) of Section 25100 of the Corporations Code. (b) A “stock cooperative” includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section 817. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  137. 4200.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 2. Application of Act [4200 - 4202] ( Chapter 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    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.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 2. Application of Act [4200 - 4202] ( Chapter 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4200. This act applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed, provided all of the following are recorded: (a) A declaration. (b) A condominium plan, if any exists. (c) A final map or parcel map, if Division 2 (commencing with Section 66410) of Title 7 of the Government Code requires the recording of either a final map or parcel map for the common interest development. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  138. 4201.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 2. Application of Act [4200 - 4202] ( Chapter 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    This act does not apply to a real property development that does not contain common area.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 2. Application of Act [4200 - 4202] ( Chapter 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4201. Nothing in this act may be construed to apply to a real property development that does not contain common area. This section is declaratory of existing law. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  139. 4202.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 2. Application of Act [4200 - 4202] ( Chapter 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    This part does not apply to commercial or industrial common interest developments.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 2. Application of Act [4200 - 4202] ( Chapter 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4202. This part does not apply to a commercial or industrial common interest development, as defined in Section 6531. (Amended by Stats. 2013, Ch. 605, Sec. 19. (SB 752) Effective January 1, 2014.)
  140. 4205.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    If different governing documents conflict, this section sets which document controls.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4205. (a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail. (c) To the extent of any conflict between the bylaws and the articles of incorporation or declaration, the articles of incorporation or declaration shall prevail. (d) To the extent of any conflict between the operating rules and the bylaws, articles of incorporation, or declaration, the bylaws, articles of incorporation, or declaration shall prevail. (Amended by Stats. 2013, Ch. 183, Sec. 11. (SB 745) Effective January 1, 2014.)
  141. 4210.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    The board may record a statement or amended statement with information about the association.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4210. In order to facilitate the collection of regular assessments, special assessments, transfer fees as authorized by Sections 4530, 4575, and 4580, and similar charges, the board is authorized to record a statement or amended statement identifying relevant information for the association. This statement may include any or all of the following information: (a) The name of the association as shown in the declaration or the current name of the association, if different. (b) The name and address of a managing agent or treasurer of the association or other individual or entity authorized to receive assessments and fees imposed by the association. (c) A daytime telephone number of the authorized party identified in subdivision (b) if a telephone number is available. (d) A list of separate interests subject to assessment by the association, showing the assessor’s parcel number or legal description, or both, of the separate interests. (e) The recording information identifying the declaration governing the association. (f) If an amended statement is being recorded, the recording information identifying the prior statement or statements which the amendment is superseding. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  142. 4215.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Governing documents for a common interest development must be read liberally to help the development operate, and their provisions are treated as independent and severable.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4215. Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and its provisions shall be presumed to be independent and severable. Nothing in Article 3 (commencing with Section 715) of Chapter 2 of Title 2 of Part 1 of Division 2 shall operate to invalidate any provisions of the governing documents. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  143. 4220.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

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    When interpreting deeds and condominium plans, the unit’s existing physical boundaries are conclusively presumed to be its boundaries in certain cases.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4220. In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are contained within a building, or of a unit reconstructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or condominium plan, if any exists, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  144. 4225.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Governing documents may not include prohibited restrictive covenants, and the board must remove and restate them without member approval.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4225. (a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) Notwithstanding any other provision of law or provision of the governing documents, the board, without approval of the members, shall amend any declaration or other governing document that includes a restrictive covenant prohibited by this section to delete the restrictive covenant, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document. (c) If the declaration is amended under this section, the board shall record the restated declaration in each county in which the common interest development is located. If the articles of incorporation are amended under this section, the board shall file a certificate of amendment with the Secretary of State pursuant to Section 7814 of the Corporations Code. (d) If after providing written notice to an association, pursuant to Section 4035, requesting that the association delete a restrictive covenant that violates subdivision (a), and the association fails to delete the restrictive covenant within 30 days of receiving the notice, the Civil Rights Department, a city or county in which a common interest development is located, or any person may bring an action against the association for injunctive relief to enforce subdivision (a). The court may award attorney’s fees to the prevailing party. (Amended by Stats. 2022, Ch. 48, Sec. 7. (SB 189) Effective June 30, 2022.)
  145. 4230.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

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    The board may delete certain developer-favoring provisions from the governing documents, but only after construction and marketing are finished and only with required member approval and open-meeting procedures.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4230. (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed. (b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests. (c) At least 30 days prior to taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery, pursuant to Section 4040, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting. (d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 4070. For the purposes of this section, “quorum” means more than 50 percent of the members who own no more than two separate interests in the development. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  146. 4235.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

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    The board may correct a cross-reference in the governing documents by adopting a board resolution showing the correction.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. General Provisions [4205 - 4235] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4235. (a) Notwithstanding any other provision of law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling Common Interest Development Act that was repealed and continued in a new provision by the act that added this section, the board may amend the governing documents, solely to correct the cross-reference, by adopting a board resolution that shows the correction. Member approval is not required in order to adopt a resolution pursuant to this section. (b) A declaration that is corrected under this section may be restated in corrected form and recorded, provided that a copy of the board resolution authorizing the corrections is recorded along with the restated declaration. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  147. 4250.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    A recorded declaration for a common interest development must include specified identifying information and association/restriction details; it may also include other appropriate matters.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4250. (a) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a community apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name of the association and the restrictions on the use or enjoyment of any portion of the common interest development that are intended to be enforceable equitable servitudes. (b) The declaration may contain any other matters the declarant or the members consider appropriate. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  148. 4255.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Certain recorded declarations for common interest developments must include airport-nearby or Bay Commission jurisdiction notices when the property falls in the specified areas.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4255. (a) If a common interest development is located within an airport influence area, a declaration, recorded after January 1, 2004, shall contain the following statement: “NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.” (b) For purposes of this section, an “airport influence area,” also known as an “airport referral area,” is the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission. (c) If a common interest development is within the San Francisco Bay Conservation and Development Commission jurisdiction, as described in Section 66610 of the Government Code, a declaration recorded on or after January 1, 2006, shall contain the following notice: “NOTICE OF SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION JURISDICTION This property is located within the jurisdiction of the San Francisco Bay Conservation and Development Commission. Use and development of property within the commission’s jurisdiction may be subject to special regulations, restrictions, and permit requirements. You may wish to investigate and determine whether they are acceptable to you and your intended use of the property before you complete your transaction.” (d) The statement in a declaration acknowledging that a property is located in an airport influence area or within the jurisdiction of the San Francisco Bay Conservation and Development Commission does not constitute a title defect, lien, or encumbrance. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  149. 4260.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    A declaration may be amended at any time unless its express terms say it is not amendable, in whole or in part.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4260. Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include provisions permitting its amendment at all times during its existence may be amended at any time. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  150. 4265.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    A declaration for a common interest development may be extended before its termination date if members approve it, and no single extension may be longer than the declaration’s initial term or 20 years, whichever is less.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4265. (a) The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the members to extend the term of the declaration. The Legislature further finds that covenants and restrictions contained in the declaration, are an appropriate method for protecting the common plan of developments and to provide for a mechanism for financial support for the upkeep of common area including, but not limited to, roofs, roads, heating systems, and recreational facilities. If declarations terminate prematurely, common interest developments may deteriorate and the housing supply of affordable units could be impacted adversely. The Legislature further finds and declares that it is in the public interest to provide a vehicle for extending the term of the declaration if the extension is approved by a majority of all members, pursuant to Section 4065. (b) A declaration that specifies a termination date, but that contains no provision for extension of the termination date, may be extended, before its termination date, by the approval of members pursuant to Section 4270. (c) No single extension of the terms of the declaration made pursuant to this section shall exceed the initial term of the declaration or 20 years, whichever is less. However, more than one extension may occur pursuant to this section. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  151. 4270.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    A declaration may be amended under the declaration or this act, but only if the required approval, written certification, and county recording steps are completed unless another section provides a different process.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4270. (a) A declaration may be amended pursuant to the declaration or this act. Except where an alternative process for approving, certifying, or recording an amendment is provided in Section 4225, 4230, 4235, or 4275, an amendment is effective after all of the following requirements have been met: (1) The amendment has been approved by the percentage of members required by the declaration and any other person whose approval is required by the declaration. (2) That fact has been certified in a writing executed and acknowledged by the officer designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association. (3) The amendment has been recorded in each county in which a portion of the common interest development is located. (b) If the declaration does not specify the percentage of members who must approve an amendment of the declaration, an amendment may be approved by a majority of all members, pursuant to Section 4065. (Amended by Stats. 2016, Ch. 714, Sec. 6. (SB 944) Effective January 1, 2017.)
  152. 4275.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    A court may reduce the vote threshold for amending a declaration in a common interest development, if the petitioner meets notice, voting, and reasonableness requirements and the amendment is not barred by listed exceptions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Declaration [4250 - 4275] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4275. (a) If in order to amend a declaration, the declaration requires members having more than 50 percent of the votes in the association, in a single class voting structure, or members having more than 50 percent of the votes in more than one class in a voting structure with more than one class, to vote in favor of the amendment, the association, or any member, may petition the superior court of the county in which the common interest development is located for an order reducing the percentage of the affirmative votes necessary for such an amendment. The petition shall describe the effort that has been made to solicit approval of the association members in the manner provided in the declaration, the number of affirmative and negative votes actually received, the number or percentage of affirmative votes required to effect the amendment in accordance with the existing declaration, and other matters the petitioner considers relevant to the court’s determination. The petition shall also contain, as exhibits thereto, copies of all of the following: (1) The governing documents. (2) A complete text of the amendment. (3) Copies of any notice and solicitation materials utilized in the solicitation of member approvals. (4) A short explanation of the reason for the amendment. (5) Any other documentation relevant to the court’s determination. (b) Upon filing the petition, the court shall set the matter for hearing and issue an ex parte order setting forth the manner in which notice shall be given. (c) The court may, but shall not be required to, grant the petition if it finds all of the following: (1) The petitioner has given not less than 15 days written notice of the court hearing to all members of the association, to any mortgagee of a mortgage or beneficiary of a deed of trust who is entitled to notice under the terms of the declaration, and to the city, county, or city and county in which the common interest development is located that is entitled to notice under the terms of the declaration. (2) Balloting on the proposed amendment was conducted in accordance with the governing documents, this act, and any other applicable law. (3) A reasonably diligent effort was made to permit all eligible members to vote on the proposed amendment. (4) Members having more than 50 percent of the votes, in a single class voting structure, voted in favor of the amendment. In a voting structure with more than one class, where the declaration requires a majority of more than one class to vote in favor of the amendment, members having more than 50 percent of the votes of each class required by the declaration to vote in favor of the amendment voted in favor of the amendment. (5) The amendment is reasonable. (6) Granting the petition is not improper for any reason stated in subdivision (e). (d) If the court makes the findings required by subdivision (c), any order issued pursuant to this section may confirm the amendment as being validly approved on the basis of the affirmative votes actually received during the balloting period or the order may dispense with any requirement relating to quorums or to the number or percentage of votes needed for approval of the amendment that would otherwise exist under the governing documents. (e) Subdivisions (a) to (d), inclusive, notwithstanding, the court shall not be empowered by this section to approve any amendment to the declaration that: (1) Would change provisions in the declaration requiring the approval of members having more than 50 percent of the votes in more than one class to vote in favor of an amendment, unless members having more than 50 percent of the votes in each affected class approved the amendment. (2) Would eliminate any special rights, preferences, or privileges designated in the declaration as belonging to the declarant, without the consent of the declarant. (3) Would impair the security interest of a mortgagee of a mortgage or the beneficiary of a deed of trust without the approval of the percentage of the mortgagees and beneficiaries specified in the declaration, if the declaration requires the approval of a specified percentage of the mortgagees and beneficiaries. (f) An amendment is not effective pursuant to this section until the court order and amendment have been recorded in every county in which a portion of the common interest development is located. The amendment may be acknowledged by, and the court order and amendment may be recorded by, any person designated in the declaration or by the association for that purpose, or if no one is designated for that purpose, by the president of the association. Upon recordation of the amendment and court order, the declaration, as amended in accordance with this section, shall have the same force and effect as if the amendment were adopted in compliance with every requirement imposed by the governing documents. (g) Within a reasonable time after the amendment is recorded the association shall deliver to each member, by individual delivery, pursuant to Section 4040, a copy of the amendment, together with a statement that the amendment has been recorded. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  153. 4280.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Articles of Incorporation [4280- 4280.] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    An association’s articles of incorporation filed with the Secretary of State must include specific statements about the association and its common interest development.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Articles of Incorporation [4280- 4280.] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4280. (a) The articles of incorporation of an association filed with the Secretary of State shall include a statement, which shall be in addition to the statement of purposes of the corporation, that does all of the following: (1) Identifies the corporation as an association formed to manage a common interest development under the Davis-Stirling Common Interest Development Act. (2) States the business or corporate office of the association, if any, and, if the office is not on the site of the common interest development, states the front street and nearest cross street for the physical location of the common interest development. (3) States the name and address of the association’s managing agent, if any. (b) The statement filed by an incorporated association with the Secretary of State pursuant to Section 8210 of the Corporations Code shall also contain a statement identifying the corporation as an association formed to manage a common interest development under the Davis-Stirling Common Interest Development Act. (c) Documents filed prior to January 1, 2014, in compliance with former Section 1363.5, as it read on January 1, 2013, are deemed to be in compliance with this section. (Amended by Stats. 2013, Ch. 605, Sec. 20. (SB 752) Effective January 1, 2014.)
  154. 4285.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Condominium Plan [4285 - 4295] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )

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    A condominium plan must include a project description or survey map, a three-dimensional description, and a certificate consenting to recordation.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Condominium Plan [4285 - 4295] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4285. A condominium plan shall contain all of the following: (a) A description or survey map of a condominium project, which shall refer to or show monumentation on the ground. (b) A three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common area and each separate interest. (c) A certificate consenting to the recordation of the condominium plan pursuant to this act that is signed and acknowledged as provided in Section 4290. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  155. 4290.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Condominium Plan [4285 - 4295] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )

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    A condominium plan certificate must be signed and acknowledged by the required persons, but some nonpossessory interest holders do not need to sign, and in certain conversion cases only approving owners and lienholders must sign.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Condominium Plan [4285 - 4295] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4290. (a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 4285 shall be signed and acknowledged by all of the following persons: (1) The record owner of fee title to that property included in the condominium project. (2) In the case of a condominium project that will terminate upon the termination of an estate for years, by all lessors and lessees of the estate for years. (3) In the case of a condominium project subject to a life estate, by all life tenants and remainder interests. (4) The trustee or the beneficiary of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering the property. (b) Owners of mineral rights, easements, rights-of-way, and other nonpossessory interests do not need to sign the certificate. (c) In the event a conversion to condominiums of a community apartment project or stock cooperative has been approved by the required number of owners, trustees, beneficiaries, and mortgagees pursuant to Section 66452.10 of the Government Code, the certificate need only be signed by those owners, trustees, beneficiaries, and mortgagees approving the conversion. (Amended by Stats. 2013, Ch. 183, Sec. 12. (SB 745) Effective January 1, 2014.)
  156. 4295.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Condominium Plan [4285 - 4295] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )

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    A condominium plan may be amended or revoked only by a recorded, acknowledged, and signed instrument executed by all persons whose signatures are required under Section 4290.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Condominium Plan [4285 - 4295] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4295. A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or revocation, are persons whose signatures are required under Section 4290. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  157. 43.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    Every person has a right to protection from bodily restraint or harm, personal insult, defamation, and injury to personal relations, subject to legal qualifications and restrictions.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43. Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations. (Amended by Stats. 1953, Ch. 604.)
  158. 43.1.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    A conceived but unborn child is treated as an existing person when needed to protect the child’s interests if the child is later born.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.1. A child conceived, but not yet born, is deemed an existing person, so far as necessary for the child’s interests in the event of the child’s subsequent birth. (Added by Stats. 1992, Ch. 163, Sec. 4. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  159. 43.100.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    A person is immune from civil liability for property damage or trespass to a motor vehicle when rescuing an animal under Penal Code section 597.7(b).

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.100. (a) There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in accordance with subdivision (b) of Section 597.7 of the Penal Code. (b) The immunity from civil liability for property damage to a motor vehicle that is established by subdivision (a) does not affect a person’s civil liability or immunity from civil liability for rendering aid to an animal. (Added by Stats. 2016, Ch. 554, Sec. 1. (AB 797) Effective January 1, 2017.)
  160. 43.101.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    An emergency responder is not liable for damage to an unmanned aircraft or unmanned aircraft system when the damage happens while providing emergency services and the aircraft is interfering with those services.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.101. (a) An emergency responder shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if that damage was caused while the emergency responder was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of the emergency services listed in Section 853 of the Government Code. (b) (1) For purposes of this section, “emergency responder” means either of the following, if acting within the scope of authority implicitly or expressly provided by a local public entity or a public employee of a local public entity to provide emergency services: (A) A paid or an unpaid volunteer. (B) A private entity. (2) All of the following terms shall have the same meaning as the terms as used in Chapter 4.5 (commencing with Section 853) of Part 2 of Division 3.6 of Title 1 of the Government Code: (A) Local public entity. (B) Public employee of a local public entity. (C) Unmanned aircraft. (D) Unmanned aircraft system. (Added by Stats. 2016, Ch. 834, Sec. 1. (SB 807) Effective January 1, 2017.)
  161. 43.102.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    A person is not civilly liable for property damage or trespass to a motor vehicle if the damage happened while rescuing a child under the specified Health and Safety Code conditions.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.102. There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing a child in accordance with subdivision (a) or (b) of Section 1799.101 of the Health and Safety Code. For purposes of this section, “child” means a child who is six years of age or younger. (Added by Stats. 2020, Ch. 352, Sec. 1. (AB 2717) Effective January 1, 2021.)
  162. 43.3.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    A mother may breastfeed her child in any public or private location, except in another person’s private home or residence unless both are otherwise authorized to be there.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.3. Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present. (Added by Stats. 1997, Ch. 59, Sec. 1. Effective January 1, 1998.)
  163. 43.4.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    A fraudulent promise to marry or to live together after marriage does not create a claim for damages.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.4. A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages. (Added by Stats. 1959, Ch. 381.)
  164. 43.5.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    No cause of action arises for alienation of affection, criminal conversation, seduction of a person over the age of legal consent, or breach of promise of marriage.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.5. No cause of action arises for: (a) Alienation of affection. (b) Criminal conversation. (c) Seduction of a person over the age of legal consent. (d) Breach of promise of marriage. (Added by Stats. 1939, Ch. 128.)
  165. 43.54.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    A person may not be civilly arrested in a courthouse while attending a court proceeding or handling legal business there.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.54. (a) A person shall not be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse. (b) This section does not narrow, or in any way lessen, any existing common law privilege. (c) This section does not apply to arrests made pursuant to a valid judicial warrant. (Added by Stats. 2019, Ch. 787, Sec. 2. (AB 668) Effective January 1, 2020.)
  166. 43.55.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    Peace officers are protected from liability when they arrest someone under a warrant that is regular on its face, if they act without malice and reasonably believe the person arrested is the person named in the warrant.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.55. (a) There shall be no liability on the part of, and no cause of action shall arise against, any peace officer who makes an arrest pursuant to a warrant of arrest regular upon its face if the peace officer in making the arrest acts without malice and in the reasonable belief that the person arrested is the one referred to in the warrant. (b) As used in this section, a “warrant of arrest regular upon its face” includes both of the following: (1) A paper arrest warrant that has been issued pursuant to a judicial order. (2) A judicial order that is entered into an automated warrant system by law enforcement or court personnel authorized to make those entries at or near the time the judicial order is made. (Amended by Stats. 2005, Ch. 706, Sec. 2. Effective January 1, 2006.)
  167. 43.56.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    No cause of action arises against a foster parent for alienation of affection of a foster child.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.56. No cause of action arises against a foster parent for alienation of affection of a foster child. (Added by renumbering Section 43.55 (as amended by Stats. 1988, Ch. 195) by Stats. 1990, Ch. 216, Sec. 5.)
  168. 43.6.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    This section bars certain claims against a parent based on the idea that a child should not have been conceived or born alive, and it limits use of a parent’s failure to prevent live birth as a defense or damages factor in actions against third parties.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.6. (a) No cause of action arises against a parent of a child based upon the claim that the child should not have been conceived or, if conceived, should not have been allowed to have been born alive. (b) The failure or refusal of a parent to prevent the live birth of his or her child shall not be a defense in any action against a third party, nor shall the failure or refusal be considered in awarding damages in any such action. (c) As used in this section “conceived” means the fertilization of a human ovum by a human sperm. (Added by Stats. 1981, Ch. 331, Sec. 1.)
  169. 43.7.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    This section gives immunity from monetary liability and damages claims for certain committee members and related participants when they act within the covered review functions and meet the stated good-faith conditions.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.7. (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed mental health professional quality assurance committee that is established in compliance with Section 14725 of the Welfare and Institutions Code, for any act or proceeding undertaken or performed within the scope of the functions of the committee which is formed to review and evaluate the adequacy, appropriateness, or effectiveness of the care and treatment planned for, or provided to, mental health patients in order to improve quality of care by mental health professionals if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he or she acts, and acts in reasonable belief that the action taken by him or her is warranted by the facts known to him or her after the reasonable effort to obtain facts. (b) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any professional society, any member of a duly appointed committee of a medical specialty society, or any member of a duly appointed committee of a state or local professional society, or duly appointed member of a committee of a professional staff of a licensed hospital (provided the professional staff operates pursuant to written bylaws that have been approved by the governing board of the hospital), for any act or proceeding undertaken or performed within the scope of the functions of the committee which is formed to maintain the professional standards of the society established by its bylaws, or any member of any peer review committee whose purpose is to review the quality of medical, dental, dietetic, chiropractic, optometric, acupuncture, psychotherapy, midwifery, or veterinary services rendered by physicians and surgeons, dentists, dental hygienists, podiatrists, registered dietitians, chiropractors, optometrists, acupuncturists, veterinarians, marriage and family therapists, professional clinical counselors, licensed midwives, or psychologists, which committee is composed chiefly of physicians and surgeons, dentists, dental hygienists, podiatrists, registered dietitians, chiropractors, optometrists, acupuncturists, veterinarians, marriage and family therapists, professional clinical counselors, licensed midwives or psychologists for any act or proceeding undertaken or performed in reviewing the quality of medical, dental, dietetic, chiropractic, optometric, acupuncture, psychotherapy, midwifery, or veterinary services rendered by physicians and surgeons, dentists, dental hygienists, podiatrists, registered dietitians, chiropractors, optometrists, acupuncturists, veterinarians, marriage and family therapists, professional clinical counselors, midwifery, or psychologists or any member of the governing board of a hospital in reviewing the quality of medical services rendered by members of the staff if the professional society, committee, or board member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he, she, or it acts, and acts in reasonable belief that the action taken by him, her, or it is warranted by the facts known to him, her, or it after the reasonable effort to obtain facts. “Professional society” includes legal, medical, psychological, dental, dental hygiene, dietetic, accounting, optometric, acupuncture, podiatric, pharmaceutic, chiropractic, physical therapist, veterinary, licensed marriage and family therapy, licensed clinical social work, licensed professional clinical counselor, and engineering organizations having as members at least 25 percent of the eligible persons or licentiates in the geographic area served by the particular society. However, if the society has fewer than 100 members, it shall have as members at least a majority of the eligible persons or licentiates in the geographic area served by the particular society. “Medical specialty society” means an organization having as members at least 25 percent of the eligible physicians and surgeons within a given professionally recognized medical specialty in the geographic area served by the particular society. (c) This section does not affect the official immunity of an officer or employee of a public corporation. (d) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any physician and surgeon, podiatrist, or chiropractor who is a member of an underwriting committee of an interindemnity or reciprocal or interinsurance exchange or mutual company for any act or proceeding undertaken or performed in evaluating physicians and surgeons, podiatrists, or chiropractors for the writing of professional liability insurance, or any act or proceeding undertaken or performed in evaluating physicians and surgeons for the writing of an interindemnity, reciprocal, or interinsurance contract as specified in Section 1280.7 of the Insurance Code, if the evaluating physician and surgeon, podiatrist, or chiropractor acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he or she acts, and acts in reasonable belief that the action taken by him or her is warranted by the facts known to him or her after the reasonable effort to obtain the facts. (e) This section shall not be construed to confer immunity from liability on any quality assurance committee established in compliance with Section 14725 of the Welfare and Institutions Code or hospital. In any case in which, but for the enactment of the preceding provisions of this section, a cause of action would arise against a quality assurance committee established in compliance with Section 14725 of the Welfare and Institutions Code or hospital, the cause of action shall exist as if the preceding provisions of this section had not been enacted. (Amended by Stats. 2017, Ch. 775, Sec. 105. (SB 798) Effective January 1, 2018.)
  170. 43.8.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    This section gives immunity from money damages and liability for certain communications of information made to specified medical, licensing, peer review, and related bodies for evaluating a practitioner.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.8. (a) In addition to the privilege afforded by Section 47, there shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person on account of the communication of information in the possession of that person to any hospital, hospital medical staff, veterinary hospital staff, professional society, medical, dental, podiatric, psychology, marriage and family therapy, professional clinical counselor, midwifery, or veterinary school, professional licensing board or division, committee or panel of a licensing board, the Senior Assistant Attorney General of the Health Quality Enforcement Section appointed under Section 12529 of the Government Code, peer review committee, quality assurance committees established in compliance with Sections 4070 and 5624 of the Welfare and Institutions Code, or underwriting committee described in Section 43.7 when the communication is intended to aid in the evaluation of the qualifications, fitness, character, or insurability of a practitioner of the healing or veterinary arts. (b) The immunities afforded by this section and by Section 43.7 shall not affect the availability of any absolute privilege that may be afforded by Section 47. (c) Nothing in this section is intended in any way to affect the California Supreme Court’s decision in Hassan v. Mercy American River Hospital (2003) 31 Cal.4th 709, holding that subdivision (a) provides a qualified privilege. (Amended by Stats. 2017, Ch. 775, Sec. 106. (SB 798) Effective January 1, 2018.)
  171. 43.9.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    Health care providers can get immunity for unsolicited test referrals from multiphasic screening units if they meet required response duties; screening units and providers also have notice and labeling duties.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.9. (a) There shall be no liability on the part of, and no cause of action shall accrue against, any health care provider for professional negligence on account of the receipt by such provider of an unsolicited referral, arising from a test performed by a multiphasic screening unit, for any act or omission, including the failure to examine, treat, or refer for examination or treatment any person concerning whom an unsolicited referral has been received. The immunity from liability granted by this subdivision shall only apply where a health provider meets the obligations established in subdivision (c). (b) Every multiphasic screening unit shall notify each person it tests that the person should contact the health provider to whom the test results are sent within 10 days and that the health provider may not be obligated to interpret the results or provide further care. The multiphasic screening unit shall include the words “PATIENT TEST RESULTS” on the envelope of any test results sent to a health care provider, and shall include the address of the person tested in the test result material sent to the health care provider. Nothing contained in this section shall relieve any health care provider from liability, if any, when at the time of receipt of the unsolicited referral there exists a provider-patient relationship, or a contract for health care services, or following receipt of such unsolicited referral there is established or reestablished a provider-patient relationship. (c)A health care provider who receives unsolicited test results from a multiphasic screening unit shall receive immunity from liability pursuant to subdivision (a) only if the provider who receives such test results and does not wish to evaluate them, or evaluates them and takes no further action, either notifies the multiphasic screening unit of that fact or returns the test results within 21 days. If the health care provider reviews the test results and determines that they indicate a substantial risk of serious illness or death the provider shall make a reasonable effort to notify the person tested of the presumptive finding within 14 days after the provider has received the test results. (d) 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” also includes the legal representatives of a health care provider. (2) “Professional negligence” means an action for personal injury or wrongful death proximately caused by a health care provider’s negligent act or omission to act in the rendering of professional services, provided that such services are within the scope of services for which the health care provider is licensed and are not within any restriction imposed by the licensing agency or any licensed hospital. (3) “Unsolicited referral” means any written report regarding the health, physical or mental condition of any person which was forwarded or delivered to a health care provider without prior request by such provider. (4) A “multiphasic screening unit” means a facility which does not prescribe or treat patients but performs diagnostic testing only. (Amended by Stats. 1980, Ch. 676, Sec. 38.)
  172. 43.91.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    This section gives immunity from monetary liability and lawsuits to certain committee members and to people who provide information to those committees, if the stated conditions are met.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.91. (a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any member of a duly appointed committee of a professional society which comprises a substantial percentage of the persons licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code and situated in the geographic area served by the particular society, for any act or proceeding undertaken or performed within the scope of the functions of any such committee which is formed to maintain the professional standards of the society established by its bylaws, if such member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he acts, and acts in reasonable belief that the action taken by him is warranted by the facts known to him after such reasonable effort to obtain facts. (b) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person on account of the communication of information in the possession of such person to any committee specified in subdivision (a) when such communication is intended to aid in the evaluation of the qualifications, fitness or character of a member or applicant for membership in any such professional society, and does not represent as true any matter not reasonably believed to be true. (c) The immunities afforded by this section shall not affect the availability of any absolute privilege which may be afforded by Section 47. (d) This section shall not be construed to confer immunity from liability on any professional society. In any case in which, but for the enactment of this section, a cause of action would arise against a professional society, such cause of action shall exist as if this section had not been enacted. (Added by Stats. 1980, Ch. 492, Sec. 1.)
  173. 43.92.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    A psychotherapist is generally protected from monetary liability and lawsuits for failing to predict or protect against a patient’s violent behavior, unless the patient has communicated a serious threat of physical violence against a reasonably identifiable victim or victims.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.92. (a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is a psychotherapist as defined in Section 1010 of the Evidence Code in failing to protect from a patient’s threatened violent behavior or failing to predict and protect from a patient’s violent behavior except if the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. (b) There shall be no monetary liability on the part of, and no cause of action shall arise against, a psychotherapist who, under the limited circumstances specified in subdivision (a), discharges his or her duty to protect by making reasonable efforts to communicate the threat to the victim or victims and to a law enforcement agency. (c) It is the intent of the Legislature that the amendments made by the act adding this subdivision only change the name of the duty referenced in this section from a duty to warn and protect to a duty to protect. Nothing in this section shall be construed to be a substantive change, and any duty of a psychotherapist shall not be modified as a result of changing the wording in this section. (d) It is the intent of the Legislature that a court interpret this section, as amended by the act adding this subdivision, in a manner consistent with the interpretation of this section as it read prior to January 1, 2013. (Amended by Stats. 2012, Ch. 149, Sec. 1. (SB 1134) Effective January 1, 2013.)
  174. 43.93.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    This section defines key terms and gives patients or former patients a cause of action against a psychotherapist for sexual contact under specified conditions, with limits on sexual-history discovery.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.93. (a) For the purposes of this section the following definitions are applicable: (1) “Psychotherapy” means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition. (2) “Psychotherapist” means a physician and surgeon specializing in the practice of psychiatry, a psychologist, a psychological assistant, a marriage and family therapist, a registered marriage and family therapist intern or trainee, an educational psychologist, an associate clinical social worker, a licensed clinical social worker, a professional clinical counselor, or a registered clinical counselor intern or trainee. (3) “Sexual contact” means the touching of an intimate part of another person. “Intimate part” and “touching” have the same meanings as defined in subdivisions (f) and (d), respectively, of Section 243.4 of the Penal Code. For the purposes of this section, sexual contact includes sexual intercourse, sodomy, and oral copulation. (4) “Therapeutic relationship” exists during the time the patient or client is rendered professional service by the psychotherapist. (5) “Therapeutic deception” means a representation by a psychotherapist that sexual contact with the psychotherapist is consistent with or part of the patient’s or former patient’s treatment. (b) A cause of action against a psychotherapist for sexual contact exists for a patient or former patient for injury caused by sexual contact with the psychotherapist, if the sexual contact occurred under any of the following conditions: (1) During the period the patient was receiving psychotherapy from the psychotherapist. (2) Within two years following termination of therapy. (3) By means of therapeutic deception. (c) The patient or former patient may recover damages from a psychotherapist who is found liable for sexual contact. It is not a defense to the action that sexual contact with a patient occurred outside a therapy or treatment session or that it occurred off the premises regularly used by the psychotherapist for therapy or treatment sessions. No cause of action shall exist between spouses within a marriage. (d) In an action for sexual contact, evidence of the plaintiff’s sexual history is not subject to discovery and is not admissible as evidence except in either of the following situations: (1) The plaintiff claims damage to sexual functioning. (2) The defendant requests a hearing prior to conducting discovery and makes an offer of proof of the relevancy of the history, and the court finds that the history is relevant and the probative value of the history outweighs its prejudicial effect. The court shall allow the discovery or introduction as evidence only of specific information or examples of the plaintiff’s conduct that are determined by the court to be relevant. The court’s order shall detail the information or conduct that is subject to discovery. (Amended by Stats. 2011, Ch. 381, Sec. 16. (SB 146) Effective January 1, 2012.)
  175. 43.95.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    Professional societies and authorized nonprofit referral services get liability protection for referrals and public information libraries, but the society must disclose known disciplinary action when making a referral unless a stated exception applies.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.95. (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any professional society or any nonprofit corporation authorized by a professional society to operate a referral service, or their agents, employees, or members, for referring any member of the public to any professional member of the society or service, or for acts of negligence or conduct constituting unprofessional conduct committed by a professional to whom a member of the public was referred, so long as any of the foregoing persons or entities has acted without malice, and the referral was made at no cost added to the initial referral fee as part of a public service referral system organized under the auspices of the professional society. Further, there shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any professional society for providing a telephone information library available for use by the general public without charge, nor against any nonprofit corporation authorized by a professional society for providing a telephone information library available for use by the general public without charge. “Professional society” includes legal, psychological, architectural, medical, dental, dietetic, accounting, optometric, podiatric, pharmaceutic, chiropractic, veterinary, licensed marriage and family therapy, licensed clinical social work, professional clinical counselor, and engineering organizations having as members at least 25 percent of the eligible persons or licentiates in the geographic area served by the particular society. However, if the society has less than 100 members, it shall have as members at least a majority of the eligible persons or licentiates in the geographic area served by the particular society. “Professional society” also includes organizations with referral services that have been authorized by the State Bar of California and operated in accordance with its Minimum Standards for a Lawyer Referral Service in California, and organizations that have been established to provide free assistance or representation to needy patients or clients. (b) This section shall not apply whenever the professional society, while making a referral to a professional member of the society, fails to disclose the nature of any disciplinary action of which it has actual knowledge taken by a state licensing agency against that professional member. However, there shall be no duty to disclose a disciplinary action in either of the following cases: (1) Where a disciplinary proceeding results in no disciplinary action being taken against the professional to whom a member of the public was referred. (2) Where a period of three years has elapsed since the professional to whom a member of the public was referred has satisfied any terms, conditions, or sanctions imposed upon the professional as disciplinary action; except that if the professional is an attorney, there shall be no time limit on the duty to disclose. (Amended by Stats. 2011, Ch. 381, Sec. 17. (SB 146) Effective January 1, 2012.)
  176. 43.96.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    Certain medical, podiatric, health, state, and local agencies that receive public written complaints about a physician or podiatrist must tell the complainant which state board can discipline the license and must give the board’s address and toll-free phone number.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.96. (a) Any medical or podiatric society, health facility licensed or certified under Division 2 (commencing with Section 1200) of the Health and Safety Code, state agency as defined in Section 11000 of the Government Code, or local government agency that receives written complaints related to the professional competence or professional conduct of a physician and surgeon or doctor of podiatric medicine from the public shall inform the complainant that the Medical Board of California or the California Board of Podiatric Medicine, as the case may be, is the only authority in the state that may take disciplinary action against the license of the named licensee, and shall provide to the complainant the address and toll-free telephone number of the applicable state board. (b) The immunity provided in Section 2318 of the Business and Professions Code and in Section 47 shall apply to complaints and information made or provided to a board pursuant to this section. (Amended by Stats. 1995, Ch. 708, second Sec. 12. Effective January 1, 1996.)
  177. 43.97.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    Hospitals, and certain other persons or organizations, generally are protected from monetary liability and most damages claims for specified reported actions or restrictions, if reporting is done as required.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.97. There shall be no monetary liability on the part of, and no cause of action for damages, other than economic or pecuniary damages, shall arise against, a hospital for any action taken upon the recommendation of its medical staff, or against any other person or organization for any action taken, or restriction imposed, which is required to be reported pursuant to Section 805 of the Business and Professions Code, if that action or restriction is reported in accordance with Section 805 of the Business and Professions Code. This section shall not apply to an action knowingly and intentionally taken for the purpose of injuring a person affected by the action or infringing upon a person’s rights. (Amended by Stats. 2006, Ch. 538, Sec. 36. Effective January 1, 2007.)
  178. 43.98.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    A consultant is exempt from monetary liability and from a cause of action for certain communications to Department of Managed Health Care personnel, if specified conditions are met.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.98. (a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any consultant on account of any communication by that consultant to the Director of the Department of Managed Health Care or any other officer, employee, agent, contractor, or consultant of the Department of Managed Health Care, when that communication is for the purpose of determining whether health care services have been or are being arranged or provided in accordance with the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and any regulation adopted thereunder and the consultant does all of the following: (1) Acts without malice. (2) Makes a reasonable effort to obtain the facts of the matter communicated. (3) Acts with a reasonable belief that the communication is warranted by the facts actually known to the consultant after a reasonable effort to obtain the facts. (4) Acts pursuant to a contract entered into on or after January 1, 1998, between the Commissioner of Corporations and a state licensing board or committee, including, but not limited to, the Medical Board of California, or pursuant to a contract entered into on or after January 1, 1998, with the Commissioner of Corporations pursuant to Section 1397.6 of the Health and Safety Code. (5) Acts pursuant to a contract entered into on or after July 1, 2000, between the Director of the Department of Managed Health Care and a state licensing board or committee, including, but not limited to, the Medical Board of California, or pursuant to a contract entered into on or after July 1, 1999, with the Director of the Department of Managed Health Care pursuant to Section 1397.6 of the Health and Safety Code. (b) The immunities afforded by this section shall not affect the availability of any other privilege or immunity which may be afforded under this part. Nothing in this section shall be construed to alter the laws regarding the confidentiality of medical records. (Amended by Stats. 2000, Ch. 857, Sec. 3. Effective January 1, 2001.)
  179. 43.99.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    This section gives limited immunity from damages claims for certain people or entities under contract to provide independent quality review for a residential building permit, if they meet the section’s requirements.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 43.99. (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person or other legal entity that is under contract with an applicant for a residential building permit to provide independent quality review of the plans and specifications provided with the application in order to determine compliance with all applicable requirements imposed pursuant to the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code), or any rules or regulations adopted pursuant to that law, or under contract with that applicant to provide independent quality review of the work of improvement to determine compliance with these plans and specifications, if the person or other legal entity meets the requirements of this section and one of the following applies: (1) The person, or a person employed by any other legal entity, performing the work as described in this subdivision, has completed not less than five years of verifiable experience in the appropriate field and has obtained certification as a building inspector, combination inspector, or combination dwelling inspector from the International Conference of Building Officials (ICBO) and has successfully passed the technical written examination promulgated by ICBO for those certification categories. (2) The person, or a person employed by any other legal entity, performing the work as described in this subdivision, has completed not less than five years of verifiable experience in the appropriate field and is a registered professional engineer, licensed general contractor, or a licensed architect rendering independent quality review of the work of improvement or plan examination services within the scope of his or her registration or licensure. (3) The immunity provided under this section does not apply to any action initiated by the applicant who retained the qualified person. (4) A “qualified person” for purposes of this section means a person holding a valid certification as one of those inspectors. (b) Except for qualified persons, this section shall not relieve from, excuse, or lessen in any manner, the responsibility or liability of any person, company, contractor, builder, developer, architect, engineer, designer, or other individual or entity who develops, improves, owns, operates, or manages any residential building for any damages to persons or property caused by construction or design defects. The fact that an inspection by a qualified person has taken place may not be introduced as evidence in a construction defect action, including any reports or other items generated by the qualified person. This subdivision shall not apply in any action initiated by the applicant who retained the qualified person. (c) Nothing in this section, as it relates to construction inspectors or plans examiners, shall be construed to alter the requirements for licensure, or the jurisdiction, authority, or scope of practice, of architects pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, professional engineers pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or general contractors pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (d) Nothing in this section shall be construed to alter the immunity of employees of the Department of Housing and Community Development under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) when acting pursuant to Section 17965 of the Health and Safety Code. (e) The qualifying person shall engage in no other construction, design, planning, supervision, or activities of any kind on the work of improvement, nor provide quality review services for any other party on the work of improvement. (f) The qualifying person, or other legal entity, shall maintain professional errors and omissions insurance coverage in an amount not less than two million dollars ($2,000,000). (g) The immunity provided by subdivision (a) does not inure to the benefit of the qualified person for damages caused to the applicant solely by the negligence or willful misconduct of the qualified person resulting from the provision of services under the contract with the applicant. (Amended by Stats. 2012, Ch. 759, Sec. 1. (AB 2690) Effective January 1, 2013.)
  180. 4340.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )

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    This section defines “operating rule” and “rule change” for this article.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4340. For the purposes of this article: (a) “Operating rule” means a regulation adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association. (b) “Rule change” means the adoption, amendment, or repeal of an operating rule by the board. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  181. 4350.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )

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    An operating rule is valid and enforceable only if it is written, within the board’s authority, consistent with governing law and the association’s governing documents, adopted or changed in good faith and substantial compliance, and reasonable.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4350. An operating rule is valid and enforceable only if all of the following requirements are satisfied: (a) The rule is in writing. (b) The rule is within the authority of the board conferred by law or by the declaration, articles of incorporation or association, or bylaws of the association. (c) The rule is not in conflict with governing law and the declaration, articles of incorporation or association, or bylaws of the association. (d) The rule is adopted, amended, or repealed in good faith and in substantial compliance with the requirements of this article. (e) The rule is reasonable. (Amended by Stats. 2013, Ch. 183, Sec. 13. (SB 745) Effective January 1, 2014.)
  182. 4355.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )

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    This section limits when Sections 4360 and 4365 apply to an operating rule, and lists board actions they do not apply to.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4355. (a) Sections 4360 and 4365 only apply to an operating rule that relates to one or more of the following subjects: (1) Use of the common area or of an exclusive use common area. (2) Use of a separate interest, including any aesthetic or architectural standards that govern alteration of a separate interest. (3) Member discipline, including any schedule of monetary penalties for violation of the governing documents and any procedure for the imposition of penalties. (4) Any standards for delinquent assessment payment plans. (5) Any procedures adopted by the association for resolution of disputes. (6) Any procedures for reviewing and approving or disapproving a proposed physical change to a member’s separate interest or to the common area. (7) Procedures for elections. (b) Sections 4360 and 4365 do not apply to the following actions by the board: (1) A decision regarding maintenance of the common area. (2) A decision on a specific matter that is not intended to apply generally. (3) A decision setting the amount of a regular or special assessment. (4) A rule change that is required by law, if the board has no discretion as to the substantive effect of the rule change. (5) Issuance of a document that merely repeats existing law or the governing documents. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  183. 4360.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )

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    The board must give notice before and after most rule changes, with special emergency rules allowed without notice in limited urgent cases.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4360. (a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change. The notice shall include the text of the proposed rule change and a description of the purpose and effect of the proposed rule change. Notice is not required under this subdivision if the board determines that an immediate rule change is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the association. (b) A decision on a proposed rule change shall be made at a board meeting, after consideration of any comments made by association members. (c) As soon as possible after making a rule change, but not more than 15 days after making the rule change, the board shall deliver general notice pursuant to Section 4045 of the rule change. If the rule change was an emergency rule change made under subdivision (d), the notice shall include the text of the rule change, a description of the purpose and effect of the rule change, and the date that the rule change expires. (d) If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change, and no notice is required, as specified in subdivision (a). An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. A rule change made under this subdivision may not be readopted under this subdivision. (Amended by Stats. 2018, Ch. 836, Sec. 2. (SB 261) Effective January 1, 2019.)
  184. 4365.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Members owning at least 5% of the separate interests may call a special vote to try to reverse a rule change, and the association must hold the vote within 35 to 90 days after a proper written request.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4365. (a) Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change. (b) A special vote of the members may be called by delivering a written request to the association. Not less than 35 days nor more than 90 days after receipt of a proper request, the association shall hold a vote of the members on whether to reverse the rule change, pursuant to Article 4 (commencing with Section 5100) of Chapter 6. The written request may not be delivered more than 30 days after the association gives general notice of the rule change, pursuant to Section 4045. (c) For the purposes of Section 5225 of this code and Section 8330 of the Corporations Code, collection of signatures to call a special vote under this section is a purpose reasonably related to the interests of the members of the association. A member request to copy or inspect the membership list solely for that purpose may not be denied on the grounds that the purpose is not reasonably related to the member’s interests as a member. (d) The rule change may be reversed by the affirmative vote of a majority of a quorum of the members, pursuant to Section 4070, or if the declaration or bylaws require a greater percentage, by the affirmative vote of the percentage required. (e) Unless otherwise provided in the declaration or bylaws, for the purposes of this section, a member may cast one vote per separate interest owned. (f) A rule change reversed under this section may not be readopted for one year after the date of the vote reversing the rule change. Nothing in this section precludes the board from adopting a different rule on the same subject as the rule change that has been reversed. (g) As soon as possible after the close of voting, but not more than 15 days after the close of voting, the board shall provide general notice pursuant to Section 4045 of the results of the member vote. (h) This section does not apply to an emergency rule change made under subdivision (d) of Section 4360. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  185. 4370.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )

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    This article applies to rule changes commenced on or after January 1, 2004.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 3. Governing Documents [4205 - 4370] ( Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Operating Rules [4340 - 4370] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4370. (a) This article applies to a rule change commenced on or after January 1, 2004. (b) Nothing in this article affects the validity of a rule change commenced before January 1, 2004. (c) For the purposes of this section, a rule change is commenced when the board takes its first official action leading to adoption of the rule change. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  186. 44.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    Defamation is effected by libel or slander.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 44. Defamation is effected by either of the following: (a) Libel. (b) Slander. (Amended by Stats. 1980, Ch. 676, Sec. 39.)
  187. 45.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

    Verify source ↗

    Libel is defined as a false, unprivileged publication that harms a person’s reputation or occupation.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 45. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. (Enacted 1872.)
  188. 4500.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Ownership Rights and Interests [4500 - 4515] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Unless the declaration says otherwise, the common area in certain common interest developments is owned by the separate-interest owners as tenants in common, in equal shares.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Ownership Rights and Interests [4500 - 4515] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4500. Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common, in equal shares, one for each separate interest. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  189. 4505.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Ownership Rights and Interests [4500 - 4515] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Unless the declaration says otherwise, separate interests in certain common interest developments have rights or easements for ingress, egress, and support through the common area.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Ownership Rights and Interests [4500 - 4515] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4505. Unless the declaration otherwise provides: (a) In a community apartment project and condominium project, and in those planned developments with common area owned in common by the owners of the separate interests, there are appurtenant to each separate interest nonexclusive rights of ingress, egress, and support, if necessary, through the common area. The common area is subject to these rights. (b) In a stock cooperative, and in a planned development with common area owned by the association, there is an easement for ingress, egress, and support, if necessary, appurtenant to each separate interest. The common area is subject to these easements. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  190. 4510.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Ownership Rights and Interests [4500 - 4515] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association generally may not block a member’s or occupant’s physical access to their separate interest, unless a law, court order, or final binding arbitration order says otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Ownership Rights and Interests [4500 - 4515] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4510. Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny a member or occupant physical access to the member’s or occupant’s separate interest, either by restricting access through the common area to the separate interest, or by restricting access solely to the separate interest. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  191. 4515.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Ownership Rights and Interests [4500 - 4515] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Common interest development governing documents may not block listed member/resident activities, and associations may not retaliate for exercising these rights.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Ownership Rights and Interests [4500 - 4515] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4515. (a) It is the intent of the Legislature to ensure that members and residents of common interest developments have the ability to exercise their rights under law to peacefully assemble and freely communicate with one another and with others with respect to common interest development living or for social, political, or educational purposes. (b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following: (1) Peacefully assembling or meeting with members, residents, and their invitees or guests during reasonable hours and in a reasonable manner for purposes relating to common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes. (2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members, residents, and their invitees or guests and speak on matters of public interest. (3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use. (4) Canvassing and petitioning the members, the association board, and residents for the activities described in paragraphs (1) and (2) at reasonable hours and in a reasonable manner. (5) Distributing or circulating, without prior permission, information about common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner. (6) (A) Using social media or other online resources to discuss any of the following, even if the content is critical of the association or its governance: (i) Development living. (ii) Association elections. (iii) Legislation. (iv) Election to public office. (v) The initiative, referendum, or recall processes. (vi) Any other issues of concern to members and residents. (B) This paragraph does not require an association to provide social media or other online resources to members. (C) This paragraph does not require an association to allow members to post content on the association’s internet website. (c) A member or resident of a common interest development shall not be required to pay a fee, make a deposit, obtain liability insurance, or pay the premium or deductible on the association’s insurance policy, in order to use a common area for the activities described in paragraphs (1), (2), and (3) of subdivision (b). (d) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil or small claims court action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section. The court may assess a civil penalty of not more than five hundred dollars ($500) for each violation. (e) An association shall not retaliate against a member or a resident for exercising any of the rights contained in this section. (Amended by Stats. 2022, Ch. 858, Sec. 2. (AB 1410) Effective January 1, 2023.)
  192. 4525.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An owner selling a separate interest must give a prospective purchaser specified disclosure documents before the transfer or sales contract is completed.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4525. (a) The owner of a separate interest shall provide the following documents to a prospective purchaser of the separate interest, as soon as practicable before the transfer of title or the execution of a real property sales contract, as defined in Section 2985: (1) A copy of all governing documents. If the association is not incorporated, this shall include a statement in writing from an authorized representative of the association that the association is not incorporated. (2) If there is a restriction in the governing documents limiting the occupancy, residency, or use of a separate interest on the basis of age in a manner different from that provided in Section 51.3, a statement that the restriction is only enforceable to the extent permitted by Section 51.3 and a statement specifying the applicable provisions of Section 51.3. (3) A copy of the most recent documents distributed pursuant to Article 7 (commencing with Section 5300) of Chapter 6. (4) A true statement in writing obtained from an authorized representative of the association as to the amount of the association’s current regular and special assessments and fees, any assessments levied upon the owner’s interest in the common interest development that are unpaid on the date of the statement, and any monetary fines or penalties levied upon the owner’s interest and unpaid on the date of the statement. The statement obtained from an authorized representative shall also include true information on late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the owner’s interest in a common interest development pursuant to Article 2 (commencing with Section 5650) of Chapter 8. (5) A copy or a summary of any notice previously sent to the owner pursuant to Section 5855 that sets forth any alleged violation of the governing documents that remains unresolved at the time of the request. The notice shall not be deemed a waiver of the association’s right to enforce the governing documents against the owner or the prospective purchaser of the separate interest with respect to any violation. This paragraph shall not be construed to require an association to inspect an owner’s separate interest. (6) A copy of the initial list of defects provided to each member pursuant to Section 6000, unless the association and the builder subsequently enter into a settlement agreement or otherwise resolve the matter and the association complies with Section 6100. Disclosure of the initial list of defects pursuant to this paragraph does not waive any privilege attached to the document. The initial list of defects shall also include a statement that a final determination as to whether the list of defects is accurate and complete has not been made. (7) A copy of the latest information provided for in Section 6100. (8) Any change in the association’s current regular and special assessments and fees which have been approved by the board, but have not become due and payable as of the date disclosure is provided pursuant to this subdivision. (9) If there is a provision in the governing documents that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant, a statement describing the prohibition. (10) If requested by the prospective purchaser, a copy of the minutes of board meetings, excluding meetings held in executive session, conducted over the previous 12 months, that were approved by the board. (11) A copy of the report issued pursuant to the most recent inspection conducted pursuant to Section 5551. (b) This section does not apply to an owner that is subject to Section 11018.6 of the Business and Professions Code. (Amended by Stats. 2025, Ch. 516, Sec. 1. (SB 410) Effective January 1, 2026.)
  193. 4528.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    The seller may give the prospective purchaser current Section 4525 documents at no cost, and may ask to buy some or all of those documents.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4528. The form for billing disclosures required by Section 4530 shall be in at least 10-point type and substantially the following form: CHARGES FOR DOCUMENTS PROVIDED AS REQUIRED BY SECTION 4525* The seller may, in accordance with Section 4530 of the Civil Code, provide to the prospective purchaser, at no cost, current copies of any documents specified by Section 4525 that are in the possession of the seller. A seller may request to purchase some or all of these documents, but shall not be required to purchase ALL of the documents listed on this form. Property Address Owner of Property Owner’s Mailing Address (If known or different from property address.) Provider of the Section 4525 Items: Print Name _________ Position or Title _________ Association or Agent Date Form CompletedCheck or Complete Applicable Column or Columns Below Not Available (N/A), Not Applicable (N/App), or Directly Provided by Seller and confirmed in writing by Seller as a current document (DP) Document Civil Code Section Included Fee for Document Articles of Incorporation or statement that not incorporated Section 4525(a)(1) CC&Rs Section 4525(a)(1) Bylaws Section 4525(a)(1) Operating Rules Section 4525(a)(1) Age restrictions, if any Section 4525(a)(2) Rental restrictions, if any Section 4525(a)(9) Annual budget report or summary, including reserve study Sections 5300 and 4525(a)(3) Assessment and reserve funding disclosure summary Sections 5300 and 4525(a)(4) Financial statement review Sections 5305 and 4525(a)(3) Assessment enforcement policy Sections 5310 and 4525(a)(4) Insurance summary Sections 5300 and 4525(a)(3) Regular assessment Section 4525(a)(4) Special assessment Section 4525(a)(4) Emergency assessment Section 4525(a)(4) Other unpaid obligations of seller Sections 5675 and 4525(a)(4) Approved changes to assessments Sections 5300 and 4525(a)(4), (8) Settlement notice regarding common area defects Sections 4525(a)(6), (7), and 6100 Preliminary list of defects Sections 4525(a)(6), 6000, and 6100 Notice(s) of violation Sections 5855 and 4525(a)(5) Required statement of fees Section 4525 Minutes of regular board meetings conducted over the previous 12 months, if requested Section 4525(a)(10) Copy of the report issued pursuant to the most recent inspection of exterior elevated elements Sections 4525(a)(11) and 5551 Total fees for these documents: * The information provided by this form may not include all fees that may be imposed before the close of escrow. Additional fees that are not related to the requirements of Section 4525 shall be charged separately. (Amended by Stats. 2025, Ch. 516, Sec. 2. (SB 410) Effective January 1, 2026.)
  194. 4530.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    The association must provide requested documents within 10 days of a written request, and sellers must provide certain documents to buyers at no cost.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4530. (a) (1) Upon written request, the association shall, within 10 days of the mailing or delivery of the request, provide the owner of a separate interest, or any other recipient authorized by the owner, with a copy of all of the requested documents specified in Section 4525. (2) The documents required to be made available pursuant to this section may be maintained in electronic form, and may be posted on the association’s Internet Web site. Requesting parties shall have the option of receiving the documents by electronic transmission if the association maintains the documents in electronic form. (3) Delivery of the documents required by this section shall not be withheld for any reason nor subject to any condition except the payment of the fee authorized pursuant to subdivision (b). (b) (1) The association may collect a reasonable fee from the seller based upon the association’s actual cost for the procurement, preparation, reproduction, and delivery of the documents requested pursuant to this section. An additional fee shall not be charged for the electronic delivery in lieu of a hard copy delivery of the documents requested. (2) Upon receipt of a written request, the association shall provide, on the form described in Section 4528, a written or electronic estimate of the fees that will be assessed for providing the requested documents prior to processing the request in paragraph (1) of subdivision (a). (3) (A) A cancellation fee for documents specified in subdivision (a) shall not be collected if either of the following applies: (i) The request was canceled in writing by the same party that placed the order and work had not yet been performed on the order. (ii) The request was canceled in writing and any work that had been performed on the order was compensated. (B) The association shall refund all fees collected pursuant to paragraph (1) if the request was canceled in writing and work had not yet been performed on the order. (C) If the request was canceled in writing, the association shall refund the share of fees collected pursuant to paragraph (1) that represents the portion of the work not performed on the order. (4) Fees for any documents required by this section shall be distinguished from, separately stated, and separately billed from, all other fees, fines, or assessments billed as part of the transfer or sales transaction. (5) Any documents not expressly required by Section 4525 to be provided to a prospective purchaser by the seller shall not be included in the document disclosure required by this section. Bundling of documents required to be provided pursuant to this section with other documents relating to the transaction is prohibited. (6) A seller shall provide to the prospective purchaser, at no cost, current copies of any documents specified by Section 4525 that are in the possession of the seller. (7) The fee for each document provided to the seller for the purpose of transmission to the prospective purchaser shall be individually itemized in the statement required to be provided by the seller to the prospective purchaser. (8) It is the responsibility of the seller to compensate the association, person, or entity that provides the documents required to be provided by Section 4525 to the prospective purchaser. (c) An association may contract with any person or entity to facilitate compliance with this section on behalf of the association. (d) The association shall also provide a recipient authorized by the owner of a separate interest with a copy of the completed form specified in Section 4528 at the time the required documents are delivered. A seller may request to purchase some or all of these documents, but shall not be required to purchase all of the documents listed on the form specified in Section 4528. (Amended by Stats. 2017, Ch. 127, Sec. 3. (AB 690) Effective January 1, 2018.)
  195. 4535.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An owner transferring title to a separate interest must also comply with Sections 1133 and 1134.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4535. In addition to the requirements of this article, an owner transferring title to a separate interest shall comply with applicable requirements of Sections 1133 and 1134. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  196. 4540.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    A person who willfully violates this article may be liable to the purchaser for actual damages, must pay a civil penalty of up to $500, and may have to pay reasonable attorney’s fees in an enforcement action.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4540. Any person who willfully violates this article is liable to the purchaser of a separate interest that is subject to this section for actual damages occasioned thereby and, in addition, shall pay a civil penalty in an amount not to exceed five hundred dollars ($500). In an action to enforce this liability, the prevailing party shall be awarded reasonable attorney’s fees. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  197. 4545.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Violating this article does not make the transferred real property title invalid.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Transfer Disclosure [4525 - 4545] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4545. Nothing in this article affects the validity of title to real property transferred in violation of this article. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  198. 4575.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Transfer Fee [4575 - 4580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association or similar entity generally may not charge assessments, penalties, or fees for a transfer of title or other interest, except in limited cases.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Transfer Fee [4575 - 4580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4575. Except as provided in Section 4580, neither an association nor a community service organization or similar entity may impose or collect any assessment, penalty, or fee in connection with a transfer of title or any other interest except for the following: (a) An amount not to exceed the association’s actual costs to change its records. (b) An amount authorized by Section 4530. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  199. 4580.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Transfer Fee [4575 - 4580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Some community service organizations and nonprofit entities are exempt from the Section 4575 prohibition on transfer fees if they meet the listed conditions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Transfer Fee [4575 - 4580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4580. The prohibition in Section 4575 does not apply to a community service organization or similar entity, or to a nonprofit entity that provides services to a common interest development under a declaration of trust, of either of the following types: (a) An organization or entity that satisfies both of the following conditions: (1) It was established before February 20, 2003. (2) It exists and operates, in whole or in part, to fund or perform environmental mitigation or to restore or maintain wetlands or native habitat, as required by the state or local government as an express written condition of development. (b) An organization or entity that satisfies all of the following conditions: (1) It is not an organization or entity described by subdivision (a). (2) It was established and received a transfer fee before January 1, 2004. (3) On and after January 1, 2006, it offers a purchaser the following payment options for the fee or charge it collects at time of transfer: (A) Paying the fee or charge at the time of transfer. (B) Paying the fee or charge pursuant to an installment payment plan for a period of not less than seven years. If the purchaser elects to pay the fee or charge in installment payments, the organization or entity may also collect additional amounts that do not exceed the actual costs for billing and financing on the amount owed. If the purchaser sells the separate interest before the end of the installment payment plan period, the purchaser shall pay the remaining balance before the transfer. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  200. 45a

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )

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    Some defamatory statements are treated as libel on their face. If the statement is defamatory but not libelous on its face, the plaintiff must allege and prove special damage caused by it.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 45a. A libel which is defamatory of the plaintiff without the necessity of explanatory matter, such as an inducement, innuendo or other extrinsic fact, is said to be a libel on its face. Defamatory language not libelous on its face is not actionable unless the plaintiff alleges and proves that he has suffered special damage as a proximate result thereof. Special damage is defined in Section 48a of this code. (Added by Stats. 1945, Ch. 1489.)

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