Civil Code — Part 3 | CIV — United States — California law | Esheria

Civil Code

Part 3 of 20 · provisions 401–600

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

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

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Provisions of Civil Code

Showing 200 of 3,922

  1. 1670.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. )

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    Certain local governments and agencies may not contract for, renew, or expand detention arrangements for noncitizens in locked facilities, and related land-use actions require advance public notice and public comment.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4. UNLAWFUL CONTRACTS [1667 - 1670.15] ( Title 4 enacted 1872. ) ## 1670.9. (a) A city, county, city and county, or local law enforcement agency that does not, as of January 1, 2018, have a contract with the federal government or any federal agency or a private corporation to house or detain noncitizens for purposes of civil immigration custody, shall not, on and after January 1, 2018, enter into a contract with the federal government or any federal agency or a private corporation, to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody. (b) A city, county, city and county, or local law enforcement agency that, as of January 1, 2018, has an existing contract with the federal government or any federal agency or a private corporation to detain noncitizens for purposes of civil immigration custody, shall not, on and after January 1, 2018, renew or modify that contract in a manner that would expand the maximum number of contract beds that may be utilized to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody. (c) Any facility that detains a noncitizen pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) A city, county, city and county, or public agency shall not, on and after January 1, 2018, approve or sign a deed, instrument, or other document related to a conveyance of land or issue a permit for the building or reuse of existing buildings by any private corporation, contractor, or vendor to house or detain noncitizens for purposes of civil immigration proceedings unless the city, county, city and county, or public agency has done both of the following: (1) Provided notice to the public of the proposed conveyance or permitting action at least 180 days before execution of the conveyance or permit. (2) Solicited and heard public comments on the proposed conveyance or permit action in at least two separate meetings open to the public. (Amended by Stats. 2021, Ch. 615, Sec. 42. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  2. 1671.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 1. General Provisions [1671- 1671.] ( Heading of Chapter 1 added by Stats. 1977, Ch. 198. )

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    This section sets rules for when a contract’s liquidated damages clause is valid and when special rules apply.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 1. General Provisions [1671- 1671.] ( Heading of Chapter 1 added by Stats. 1977, Ch. 198. ) ## 1671. (a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the validity of a provision in the contract liquidating the damages for the breach of the contract. (b) Except as provided in subdivision (c), a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made. (c) The validity of a liquidated damages provision shall be determined under subdivision (d) and not under subdivision (b) where the liquidated damages are sought to be recovered from either: (1) A party to a contract for the retail purchase, or rental, by such party of personal property or services, primarily for the party’s personal, family, or household purposes; or (2) A party to a lease of real property for use as a dwelling by the party or those dependent upon the party for support. (d) In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. (Amended by Stats. 1977, Ch. 198.)
  3. 1675.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. )

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    This section defines “residential property” and sets when a liquidated-damages clause in a residential purchase contract is valid, including special refund and accounting rules for certain condominium sales.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. ) ## 1675. (a) As used in this section, “residential property” means real property primarily consisting of a dwelling that meets both of the following requirements: (1) The dwelling contains not more than four residential units. (2) At the time the contract to purchase and sell the property is made, the buyer intends to occupy the dwelling or one of its units as his or her residence. (b) A provision in a contract to purchase and sell residential property that provides that all or any part of a payment made by the buyer shall constitute liquidated damages to the seller upon the buyer’s failure to complete the purchase of the property is valid to the extent that payment in the form of cash or check, including a postdated check, is actually made if the provision satisfies the requirements of Sections 1677 and 1678 and either subdivision (c) or (d) of this section. (c) If the amount actually paid pursuant to the liquidated damages provision does not exceed 3 percent of the purchase price, the provision is valid to the extent that payment is actually made unless the buyer establishes that the amount is unreasonable as liquidated damages. (d) If the amount actually paid pursuant to the liquidated damages provision exceeds 3 percent of the purchase price, the provision is invalid unless the party seeking to uphold the provision establishes that the amount actually paid is reasonable as liquidated damages. (e) For the purposes of subdivisions (c) and (d), the reasonableness of an amount actually paid as liquidated damages shall be determined by taking into account both of the following: (1) The circumstances existing at the time the contract was made. (2) The price and other terms and circumstances of any subsequent sale or contract to sell and purchase the same property if the sale or contract is made within six months of the buyer’s default. (f) (1) Notwithstanding either subdivision (c) or (d), for the initial sale of newly constructed attached condominium units, as defined pursuant to Section 783, that involves the sale of an attached residential condominium unit located within a structure of 10 or more residential condominium units and the amount actually paid to the seller pursuant to the liquidated damages provision exceeds 3 percent of the purchase price of the residential unit in the transaction both of the following shall occur in the event of a buyer’s default: (A) The seller shall perform an accounting of its costs and revenues related to and fairly allocable to the construction and sale of the residential unit within 60 calendar days after the final close of escrow of the sale of the unit within the structure. (B) The accounting shall include any and all costs and revenues related to the construction and sale of the residential property and any delay caused by the buyer’s default. The seller shall make reasonable efforts to mitigate any damages arising from the default. The seller shall refund to the buyer any amounts previously retained as liquidated damages in excess of the greater of either 3 percent of the originally agreed-upon purchase price of the residential property or the amount of the seller’s losses resulting from the buyer’s default, as calculated by the accounting. (2) The refund shall be sent to the buyer’s last known address within 90 days after the final close of escrow of the sale or lease of all the residential condominium units within the structure. (3) If the amount retained by the seller after the accounting does not exceed 3 percent of the purchase price, the amount is valid unless the buyer establishes that the amount is unreasonable as liquidated damages pursuant to subdivision (e). (4) Subdivision (d) shall not apply to any dispute regarding the reasonableness of any amount retained as liquidated damages pursuant to this subdivision. (5) Notwithstanding the time periods regarding the performance of the accounting set forth in paragraph (1), if a new qualified buyer has entered into a contract to purchase the residential property in question, the seller shall perform the accounting within 60 calendar days after a new qualified buyer has entered into a contract to purchase. (6) As used in this subdivision, “structure” means either of the following: (A) Improvements constructed on a common foundation. (B) Improvements constructed by the same owner that must be constructed concurrently due to the design characteristics of the improvements or physical characteristics of the property on which the improvements are located. (7) As used in this subdivision, “new qualified buyer” means a buyer who either: (A) Has been issued a loan commitment, which satisfies the purchase agreement loan contingency requirement, by an institutional lender to obtain a loan for an amount equal to the purchase price less any downpayment possessed by the buyer. (B) Has contracted to pay a purchase price that is greater than or equal to the purchase price to be paid by the original buyer. (g) This section shall become operative on July 1, 2014. (Repealed (in Sec. 1) and added by Stats. 2008, Ch. 665, Sec. 2. Effective January 1, 2009. Section operative July 1, 2014, by its own provisions.)
  4. 1676.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. )

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    A real property sale contract may validly include a liquidated damages term for the seller if the buyer does not complete the purchase, so long as the term meets Section 1677 and subdivision (b) of Section 1671, and Section 1675 does not provide otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. ) ## 1676. Except as provided in Section 1675, a provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to complete the purchase of the property is valid if it satisfies the requirements of Section 1677 and the requirements of subdivision (b) of Section 1671. (Repealed and added by Stats. 1977, Ch. 198.)
  5. 1677.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. )

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    A liquidated-damages clause in a real-property purchase contract is invalid unless it is separately signed or initialed by each party, and if it appears in a printed contract it must be shown in specified bold or red type.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. ) ## 1677. A provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to complete the purchase of the property is invalid unless: (a) The provision is separately signed or initialed by each party to the contract; and (b) If the provision is included in a printed contract, it is set out either in at least 10-point bold type or in contrasting red print in at least eight-point bold type. (Added by Stats. 1977, Ch. 198.)
  6. 1678.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. )

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    When more than one buyer payment is meant to count as liquidated damages, any payment after the first is valid only if the Section 1675 total-payment requirement is met and each later payment has a separately signed or initialed liquidated damages provision satisfying Section 1677.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. ) ## 1678. If more than one payment made by the buyer is to constitute liquidated damages under Section 1675, the amount of any payment after the first payment is valid as liquidated damages only if (1) the total of all such payments satisfies the requirements of Section 1675 and (2) a separate liquidated damages provision satisfying the requirements of Section 1677 is separately signed or initialed by each party to the contract for each such subsequent payment. (Added by Stats. 1977, Ch. 198.)
  7. 1679.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. )

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    This chapter applies only to seller liquidated-damages clauses when the buyer fails to complete a real property purchase; other liquidated-damages clauses are handled under Section 1671.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. ) ## 1679. This chapter applies only to a provision for liquidated damages to the seller if the buyer fails to complete the purchase of real property. The validity of any other provision for liquidated damages in a contract to purchase and sell real property shall be determined under Section 1671. (Added by Stats. 1977, Ch. 198.)
  8. 1680.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. )

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    This chapter does not affect a party’s possible right to obtain specific performance for a real property purchase and sale contract.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. ) ## 1680. Nothing in this chapter affects any right a party to a contract for the purchase and sale of real property may have to obtain specific performance. (Added by Stats. 1977, Ch. 198.)
  9. 1681.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. )

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    This chapter does not apply to real property sales contracts defined in Section 2985.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 4.5. LIQUIDATED DAMAGES [1671 - 1681] ( Heading of Title 4.5 added by Stats. 1977, Ch. 198. ) ## CHAPTER 2. Default on Real Property Purchase Contract [1675 - 1681] ( Chapter 2 added by Stats. 1977, Ch. 198. ) ## 1681. This chapter does not apply to real property sales contracts as defined in Section 2985. (Added by Stats. 1977, Ch. 198.)
  10. 1682.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 1. Contracts, How Extinguished [1682- 1682.] ( Chapter 1 enacted 1872. )

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    A contract may be extinguished in the same way as other obligations, or in the manner this Title prescribes.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 1. Contracts, How Extinguished [1682- 1682.] ( Chapter 1 enacted 1872. ) ## 1682. A contract may be extinguished in like manner with any other obligation, and also in the manner prescribed by this Title. (Enacted 1872.)
  11. 1688.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A contract ends when it is rescinded.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1688. A contract is extinguished by its rescission. (Enacted 1872.)
  12. 1689.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A contract may be rescinded if all parties agree, or by a party in listed cases such as mistake, duress, fraud, failure of consideration, unlawfulness, public interest, or other statutes allowing rescission.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689. (a) A contract may be rescinded if all the parties thereto consent. (b) A party to a contract may rescind the contract in the following cases: (1) If the consent of the party rescinding, or of any party jointly contracting with him, was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party. (2) If the consideration for the obligation of the rescinding party fails, in whole or in part, through the fault of the party as to whom he rescinds. (3) If the consideration for the obligation of the rescinding party becomes entirely void from any cause. (4) If the consideration for the obligation of the rescinding party, before it is rendered to him, fails in a material respect from any cause. (5) If the contract is unlawful for causes which do not appear in its terms or conditions, and the parties are not equally at fault. (6) If the public interest will be prejudiced by permitting the contract to stand. (7) Under the circumstances provided for in Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code, Section 2470 of the Corporations Code, Sections 331, 338, 359, 447, 1904 and 2030 of the Insurance Code or any other statute providing for rescission. (Amended by Stats. 1961, Ch. 589.)
  13. 1689.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    After a home solicitation contract or offer is canceled, the seller must return the buyer’s payments and any note or other debt evidence within 10 days, and traded-in goods must be returned in substantially the same condition. The buyer may keep possession of delivered goods and has a lien until the seller meets related obligations.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.10. (a) Except as provided in Sections 1689.6 to 1689.11, inclusive, within 10 days after a home solicitation contract or offer has been canceled, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (b) If the downpayment includes goods traded in, the goods must be tendered in substantially as good condition as when received. (c) Until the seller has complied with the obligations imposed by Sections 1689.7 to 1689.11, inclusive, the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods for any recovery to which he is entitled. (Amended by Stats. 1973, Ch. 554.)
  14. 1689.11.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    After a home solicitation contract or offer is canceled, the buyer must return goods to the seller on demand within 20 days, but only at the buyer’s own address. If the seller does not reclaim the goods within 20 days, the goods become the buyer’s property. The buyer must also take reasonable care of the goods, and the seller may have to restore altered property; the seller gets no compensation for pre-cancellation services.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.11. (a) Except as provided in subdivision (c) of Section 1689.10, within 20 days after a home solicitation contract or offer has been canceled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he is not obligated to tender at any place other than his own address. If the seller fails to demand possession of goods within 20 days after cancellation, the goods become the property of the buyer without obligation to pay for them. (b) The buyer has a duty to take reasonable care of the goods in his possession both prior to cancellation and during the 20-day period following. During the 20-day period after cancellation, except for the buyer’s duty of care, the goods are at the seller’s risk. (c) If the seller has performed any services pursuant to a home solicitation contract or offer prior to its cancellation, the seller is entitled to no compensation. If the seller’s services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered. (Amended by Stats. 1973, Ch. 554.)
  15. 1689.12.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A waiver or confession of judgment covering Sections 1689.5 to 1689.11 is against public policy and is void and unenforceable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.12. Any waiver or confession of judgment of the provisions of Sections 1689.5 to 1689.11, inclusive, shall be deemed contrary to public policy and shall be void and unenforceable. (Amended by Stats. 1973, Ch. 554.)
  16. 1689.13.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    Some rescission sections do not apply to certain buyer-initiated emergency repair contracts if the buyer gives the seller a dated, signed statement waiving the cancellation right.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.13. Sections 1689.5, 1689.6, 1689.7, 1689.10, 1689.12, and 1689.14 do not apply to a contract that meets all of the following requirements: (a) The contract is initiated by the buyer or the buyer’s agent or insurance representative. (b) The contract is executed in connection with making of emergency or immediately necessary repairs that are necessary for the immediate protection of persons or real or personal property. (c) (1) The buyer gives the seller a separate statement that is dated and signed that describes the situation that requires immediate remedy, and expressly acknowledges and waives the right to cancel the sale within three, five, or seven business days, whichever applies. (2) The waiver of the five-day right to cancel added by the act that amended paragraph (1) shall apply to contracts entered into, or offers to purchase conveyed, on or after January 1, 2021. (Amended by Stats. 2020, Ch. 158, Sec. 7. (AB 2471) Effective January 1, 2021.)
  17. 1689.14.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    Certain home solicitation contracts or offers to repair or restore residential premises become void if signed within seven business days after disaster damage, unless the buyer side solicited them at the seller’s trade premises.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.14. (a) Any home solicitation contract or offer for the repair or restoration of residential premises signed by the buyer on or after the date on which a disaster causes damage to the residential premises, but not later than midnight of the seventh business day after this date, shall be void, unless the buyer or his or her agent or insurance representative solicited the contract or offer at the appropriate trade premises of the seller. Any contract covered by this subdivision shall not be void if solicited by the buyer or his or her agent or insurance representative regardless of where the contract is made. For purposes of this section, buyer solicitation includes a telephone call from the buyer to the appropriate trade premises of the seller whether or not the call is in response to a prior home solicitation. (b) As used in this section and Section 1689.6, “disaster” means an earthquake, flood, fire, hurricane, riot, storm, tidal wave, or other similar sudden or catastrophic occurrence for which a state of emergency has been declared by the President of the United States or the Governor or for which a local emergency has been declared by the executive officer or governing body of any city, county, or city and county. (Amended by Stats. 1995, Ch. 123, Sec. 1. Effective July 18, 1995.)
  18. 1689.15.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A duly licensed contractor may start a service and repair project once the buyer gets a signed and dated contract copy that meets the stated contract requirements.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.15. Notwithstanding any other provision of law, a contractor who is duly licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may commence work on a service and repair project as soon as the buyer receives a signed and dated copy of a service and repair contract that meets all of the contract requirements specified in Section 7159.10 of the Business and Professions Code. The buyer retains any right of cancellation applicable to home solicitations under Sections 1689.5 to 1689.14, inclusive, until such time as the buyer receives a signed and dated copy of a service and repair contract that meets all of the contract requirements specified in Section 7159.10 of the Business and Professions Code and the licensee in fact commences that project, at which time any cancellation rights provided in Sections 1689.5 to 1689.14, inclusive, are extinguished by operation of law. (Amended by Stats. 2005, Ch. 385, Sec. 13. Effective January 1, 2006.)
  19. 1689.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A participant in an endless chain scheme may rescind the contract and recover consideration paid, minus amounts already paid or provided to that participant. The court may also award reasonable attorney’s fees to a prevailing plaintiff on motion.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.2. A participant in an endless chain scheme, as defined in Section 327 of the Penal Code, may rescind the contract upon which the scheme is based, and may recover all consideration paid pursuant to the scheme, less any amounts paid or consideration provided to the participant pursuant to the scheme. In addition, the court may, upon motion, award reasonable attorney’s fees to a prevailing plaintiff. (Added by Stats. 1989, Ch. 436, Sec. 1.)
  20. 1689.20.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A buyer may cancel a seminar sales solicitation contract or offer within a short business-day window after signing, with a longer window for senior citizens.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.20. (a) (1) In addition to any other right to revoke an offer, the buyer has the right to cancel a seminar sales solicitation contract or offer until midnight of the third business day, or until midnight of the fifth business day if the buyer is a senior citizen, after the day on which the buyer signs an agreement or offer to purchase which complies with Section 1689.21. (2) The five-day right to cancel added by the act that amended paragraph (1) shall apply to contracts entered into, or offers to purchase conveyed, on or after January 1, 2021. (b) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address or email address specified in the agreement or offer. (c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. (d) Notice of cancellation given by the buyer need not take the particular form as provided with the contract or offer to purchase and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the seminar sales solicitation contract or offer. (Amended by Stats. 2025, Ch. 348, Sec. 5. (AB 1327) Effective January 1, 2026.)
  21. 1689.21.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    For seminar sales solicitation contracts or offers, the buyer must receive a written, signed cancellation notice and disclosure; the buyer can cancel within 3 business days, or 5 business days for a senior citizen, and longer if the seller has not complied.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.21. (a) In a seminar sales solicitation contract or offer, the buyer’s agreement or offer to purchase shall be written in the same language, e.g., Spanish, as principally used in the oral sales presentation, shall be dated, signed by the buyer, and shall contain in immediate proximity to the space reserved for the buyer’s signature, a conspicuous statement in a size equal to at least 10-point bold type, as follows: (1) For a buyer who is a senior citizen: “You, the buyer, may cancel this transaction at any time prior to midnight of the fifth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.” (2) For all other buyers: “You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.” (b) The agreement or offer to purchase shall contain on the first page, in a type size no smaller than that generally used in the body of the document, each of the following: (1) The name, address, and email address of the seller to which the notice is to be sent. (2) The date the buyer signed the agreement or offer to purchase. (3) The telephone number of the seller, or the seller’s representative, to assist the buyer with locating and filling out the “Notice of Cancellation.” (c) (1) The agreement or offer to purchase shall be accompanied by a completed form in duplicate, captioned “Notice of Cancellation,” which shall be attached to the agreement or offer to purchase and be easily detachable, and which shall contain in type of at least 10-point, the following statement written in the same language, e.g., Spanish, as used in the contract: “Notice of Cancellation” /enter date of transaction/ _____ (Date) _____ You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, email, mail, or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to ___________________at /name of seller//Address of sellers place of business/ not later than midnight of _____ (Date) I hereby cancel this transaction _____ (Date) (Buyer’s signature) _____ (2) The reference to “three” in the statement set forth in paragraph (1) shall be changed to “five” for a buyer who is a senior citizen. (d) The seller shall provide the buyer with a copy of the contract or offer to purchase and the attached notice of cancellation, and shall inform the buyer orally of the buyer’s right to cancel at the time the seminar sales solicitation contract or offer is executed. (e) Until the seller has complied with this section, the buyer may cancel the seminar sales solicitation contract or offer. (f) “Contract or sale” as used in subdivision (c), means “seminar sales solicitation contract or offer” as defined by Section 1689.24. (g) The five-day right to cancel added by the act that added paragraph (1) to subdivision (a) and added paragraph (2) to subdivision (c) shall apply to contracts entered into or offers to purchase conveyed on or after January 1, 2021. (Amended by Stats. 2025, Ch. 348, Sec. 6. (AB 1327) Effective January 1, 2026.)
  22. 1689.22.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    After cancellation, the seller must refund the buyer’s payments within 10 days, and if traded-in goods were part of the downpayment, the goods must be returned in substantially the same condition. The buyer may keep the delivered goods and has a lien until the seller complies with related obligations.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.22. (a) Except as provided in Sections 1689.20 and 1689.21, within 10 days after a seminar sales solicitation contract or offer has been cancelled, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (b) If the downpayment includes goods traded in, the goods must be tendered in substantially as good condition as when received. (c) Until the seller has complied with the obligations imposed by Sections 1689.20 and 1689.21, the buyer may retain possession of goods delivered to him or her by the seller and has a lien on the goods for any recovery to which he or she is entitled. (Added by Stats. 1989, Ch. 724, Sec. 3.)
  23. 1689.23.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    After a seminar sales solicitation contract or offer is canceled, the buyer must, on demand and within 20 days, return any goods delivered by the seller; the buyer also must take reasonable care of the goods, and the seller may have to restore altered buyer property.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.23. (a) Except as provided in subdivision (c) of Section 1689.22, within 20 days after a seminar sales solicitation contract or offer has been canceled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he or she is not obligated to tender at any place other than his or her own address. If the seller fails to demand possession of goods within 20 days after cancellation, the goods become the property of the buyer without obligation to pay for them. (b) The buyer has a duty to take reasonable care of the goods in his or her possession, both prior to cancellation and during the 20-day period following. During the 20-day period after cancellation, except for the buyer’s duty of care, the goods are at the seller’s risk. (c) If the seller has performed any services pursuant to a seminar sales solicitation contract or offer prior to its cancellation, the seller is entitled to no compensation. If the seller’s services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered. (Added by Stats. 1989, Ch. 724, Sec. 4.)
  24. 1689.24.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    This section defines terms used in Sections 1689.20 to 1689.23, including seminar sales solicitation contract or offer, seminar setting, goods, services, business day, and senior citizen.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.24. As used in Sections 1689.20 to 1689.23, inclusive: (a) “Seminar sales solicitation contract or offer” means any contract, whether single or multiple, or any offer which is subject to approval, for the sale, lease, or rental of goods or services or both, made using selling techniques in a seminar setting in an amount of twenty-five dollars ($25) or more, including any interest or service charges. “Seminar sales solicitation contract” does not include any contract under which the buyer has the right to rescind pursuant to Title 1, Chapter 2, Section 125 of the Federal Consumer Credit Protection Act (Public Law 90-321) and the regulations promulgated pursuant thereto or any contract which contains a written and dated statement signed by the prospective buyer stating that the negotiation between the parties was initiated by the prospective buyer. (b) “Seminar setting” means premises other than the residence of the buyer. (c) “Goods” means tangible chattels bought for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods which, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of the real property whether or not severable therefrom, but does not include any vehicle required to be registered under the Vehicle Code, nor any goods sold with a vehicle if sold under a contract governed by Section 2982, and does not include any mobilehome, as defined in Section 18008 of the Health and Safety Code, nor any goods sold with a mobilehome if either are sold under a contract subject to Section 18036.5 of the Health and Safety Code. (d) “Services” means work, labor and services, including, but not limited to, services furnished in connection with the repair, alteration, or improvement of residential premises, or services furnished in connection with the sale or repair of goods as defined in Section 1802.1, and courses of instruction, regardless of the purpose for which they are taken, but does not include the services of attorneys, real estate brokers and salesmen, securities dealers or investment counselors, physicians, optometrists, or dentists, nor financial services offered by banks, savings institutions, credit unions, industrial loan companies, personal property brokers, consumer finance lenders, or commercial finance lenders, organized pursuant to state or federal law, which are not connected with the sale of goods or services, as defined herein, nor the sale of insurance which is not connected with the sale of goods or services as defined herein, nor services in connection with the sale or installation of mobilehomes or of goods sold with a mobilehome if either are sold or installed under a contract subject to Section 18036.5 of the Health and Safety Code, nor services for which the tariffs, rates, charges, costs, or expenses, including in each instance the time sale price, is required by law to be filed with and approved by the federal government or any official, department, division, commission, or agency of the United States or of the State of California. (e) “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. (f) “Senior citizen” means an individual who is 65 years of age or older. (Amended by Stats. 2020, Ch. 158, Sec. 10. (AB 2471) Effective January 1, 2021.)
  25. 1689.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A patient who contracts directly with a dental office or plan for services may rescind it until midnight of the third business day after signing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.3. Any patient who contracts directly with a dental office or plan for services may rescind the contract or plan until midnight of the third business day after the day on which the patient signs the contract or plan. If services have been provided to the patient, the dental office shall be entitled to compensation for those services. (Added by Stats. 1991, Ch. 596, Sec. 2.)
  26. 1689.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    This section defines terms used in later rescission provisions, including home solicitation contract, appropriate trade premises, goods, services, business day, and senior citizen.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.5. As used in Sections 1689.6 to 1689.11, inclusive, and in Section 1689.14, all of the following definitions apply: (a) “Home solicitation contract or offer” means any contract, whether single or multiple, or any offer which is subject to approval, for the sale, lease, or rental of goods or services or both, made at other than appropriate trade premises in an amount of twenty-five dollars ($25) or more, including any interest or service charges. “Home solicitation contract” does not include any contract under which the buyer has the right to rescind pursuant to Title 1, Chapter 2, Section 125 of the Federal Consumer Credit Protection Act (P.L. 90-321) and the regulations promulgated pursuant thereto. (b) “Appropriate trade premises,” means premises where either the owner or seller normally carries on a business, or where goods are normally offered or exposed for sale in the course of a business carried on at those premises. (c) “Goods” means tangible chattels bought for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of the real property whether or not severable therefrom, but does not include any vehicle required to be registered under the Vehicle Code, nor any goods sold with this vehicle if sold under a contract governed by Section 2982, and does not include any mobilehome, as defined in Section 18008 of the Health and Safety Code, nor any goods sold with this mobilehome if either are sold under a contract subject to Section 18036.5 of the Health and Safety Code. (d) “Services” means work, labor and services, including, but not limited to, services furnished in connection with the repair, restoration, alteration, or improvement of residential premises, or services furnished in connection with the sale or repair of goods as defined in Section 1802.1, and courses of instruction, regardless of the purpose for which they are taken, but does not include the services of attorneys, real estate brokers and salesmen, securities dealers or investment counselors, physicians, optometrists, or dentists, nor financial services offered by banks, savings institutions, credit unions, industrial loan companies, personal property brokers, consumer finance lenders, or commercial finance lenders, organized pursuant to state or federal law, that are not connected with the sale of goods or services, as defined herein, nor the sale of insurance that is not connected with the sale of goods or services as defined herein, nor services in connection with the sale or installation of mobilehomes or of goods sold with a mobilehome if either are sold or installed under a contract subject to Section 18036.5 of the Health and Safety Code, nor services for which the tariffs, rates, charges, costs, or expenses, including in each instance the time sale price, is required by law to be filed with and approved by the federal government or any official, department, division, commission, or agency of the United States or of the state. (e) “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. (f) “Senior citizen” means an individual who is 65 years of age or older. (Amended by Stats. 2020, Ch. 158, Sec. 4. (AB 2471) Effective January 1, 2021.)
  27. 1689.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    Buyers get cancellation rights for certain home solicitation contracts and offers, with deadlines ranging from the third to the seventh business day depending on the contract type and conditions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.6. (a) (1) Except for a contract written pursuant to Section 7151.2 or 7159.10 of the Business and Professions Code, in addition to any other right to revoke an offer, the buyer has the right to cancel a home solicitation contract or offer until midnight of the third business day, or until midnight of the fifth business day if the buyer is a senior citizen, after the day on which the buyer signs an agreement or offer to purchase which complies with Section 1689.7. (2) In addition to any other right to revoke an offer, the buyer has the right to cancel a home solicitation contract written pursuant to Section 7151.2 of the Business and Professions Code until midnight of the third business day, or until midnight of the fifth business day if the buyer is a senior citizen, after the buyer receives a signed and dated copy of the contract or offer to purchase that complies with Section 1689.7 of this code. (3) (A) In addition to any other right to revoke an offer, the buyer has the right to cancel a home solicitation contract or offer to purchase written pursuant to Section 7159.10 of the Business and Professions Code, until the buyer receives a signed and dated copy of a service and repair contract that complies with the contract requirements specified in Section 7159.10 of the Business and Professions Code and the work commences. (B) For any contract written pursuant to Section 7159.10 of the Business and Professions Code, or otherwise presented to the buyer as a service and repair contract, unless all of the conforming requirements listed under subdivision (a) of that section are met, the requirements set forth under Section 7159 of the Business and Professions Code shall be applicable, regardless of the aggregate contract price, including the right to cancel as set forth under this section. (4) The five-day right to cancel added by the act that amended paragraphs (1) and (2) shall apply to contracts entered into, or offers to purchase conveyed, on or after January 1, 2021. (b) In addition to any other right to revoke an offer, any buyer has the right to cancel a home solicitation contract or offer for the purchase of a personal emergency response unit until midnight of the seventh business day after the day on which the buyer signs an agreement or offer to purchase which complies with Section 1689.7. This subdivision shall not apply to a personal emergency response unit installed with, and as part of, a home security alarm system subject to the Alarm Company Act (Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code) which has two or more stationary protective devices used to enunciate an intrusion or fire and is installed by an alarm company operator operating under a current license issued pursuant to the Alarm Company Act, which shall instead be subject to subdivision (a). (c) In addition to any other right to revoke an offer, a buyer has the right to cancel a home solicitation contract or offer for the repair or restoration of residential premises damaged by a disaster that was not void pursuant to Section 1689.14, until midnight of the seventh business day after the buyer signs and dates the contract unless the provisions of Section 1689.15 are applicable. (d) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address or email address specified in the agreement or offer. (e) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. (f) Notice of cancellation given by the buyer need not take the particular form as provided with the contract or offer to purchase and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the home solicitation contract or offer. (g) “Personal emergency response unit,” for purposes of this section, means an in-home radio transmitter device or two-way radio device generally, but not exclusively, worn on a neckchain, wrist strap, or clipped to clothing, and connected to a telephone line through which a monitoring station is alerted of an emergency and emergency assistance is summoned. (Amended by Stats. 2025, Ch. 348, Sec. 3. (AB 1327) Effective January 1, 2026.)
  28. 1689.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    This section requires sellers in home solicitation sales to give the buyer a cancellation notice and oral cancellation disclosure, and it gives buyers a right to cancel within the stated deadline.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.7. (a) (1) Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the Business and Professions Code, in a home solicitation contract or offer, the buyer’s agreement or offer to purchase shall be written in the same language, e.g., Spanish, as principally used in the oral sales presentation, shall be dated, shall be signed by the buyer, and except as provided in paragraph (2), shall contain in immediate proximity to the space reserved for the buyer’s signature, a conspicuous statement in a size equal to at least 10-point boldface type, as follows: (A) For a buyer who is a senior citizen: “You, the buyer, may cancel this transaction at any time prior to midnight of the fifth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.” (B) For all other buyers: “You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.” (2) The statement required pursuant to this subdivision for a home solicitation contract or offer for the purchase of a personal emergency response unit, as defined in Section 1689.6, that is not installed with and as part of a home security alarm system subject to the Alarm Company Act (Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code) that has two or more stationary protective devices used to enunciate an intrusion or fire and is installed by an alarm company operator operating under a current license issued pursuant to the Alarm Company Act, is as follows: “You, the buyer, may cancel this transaction at any time prior to midnight of the seventh business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.” (3) Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the Business and Professions Code, the statement required pursuant to this subdivision for the repair or restoration of residential premises damaged by a disaster pursuant to subdivision (c) of Section 1689.6 is as follows: “You, the buyer, may cancel this transaction at any time prior to midnight of the seventh business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.” (4) (A) A home solicitation contract written pursuant to Section 7151.2 of the Business and Professions Code shall be written in the same language, e.g., Spanish, as principally used in the oral sales presentation. The contract, or an attachment to the contract that is subject to Section 7159 of the Business and Professions Code shall include in immediate proximity to the space reserved for the buyer’s signature, the following statement in a size equal to at least 12-point boldface type, which shall be dated and signed by the buyer: ## “Three-Day Right to Cancel You, the buyer, have the right to cancel this contract within three business days. You may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.” (B) References to “three” and “third” in the statement set forth in subparagraph (A) shall be changed to “five” and “fifth,” respectively, for a buyer who is a senior citizen. (b) The agreement or offer to purchase shall contain on the first page, in a type size no smaller than that generally used in the body of the document, the following: (1) the name, address, and email address of the seller to which the notice is to be sent, (2) the date the buyer signed the agreement or offer to purchase, and (3) the telephone number of the seller, or the seller’s representative, to assist the buyer with locating and filling out the “Notice of Cancellation.” (c) (1) Except for contracts written pursuant to Sections 7151.2 and 7159.10 of the Business and Professions Code, or except as provided in subdivision (d), the agreement or offer to purchase shall be accompanied by a completed form in duplicate, captioned “Notice of Cancellation” which shall be attached to the agreement or offer to purchase and be easily detachable, and which shall contain in type of at least 10-point the following statement written in the same language, e.g., Spanish, as used in the contract: “Notice of Cancellation” /enter date of transaction/ (Date) “You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.” To cancel this transaction, email, mail, or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegramto _____ /name of seller/ _____ , at _____ /address of seller’s place of business/ _____ not later than midnight of(Date). I hereby cancel this transaction. _____ (Date) _____ _____ (Buyer’s signature) (2) The reference to “three” in the statement set forth in paragraph (1) shall be changed to “five” for a buyer who is a senior citizen. (d) Any agreement or offer to purchase a personal emergency response unit, as defined in Section 1689.6, which is not installed with and as part of a home security alarm system subject to the Alarm Company Act which has two or more stationary protective devices used to enunciate an intrusion or fire and is installed by an alarm company operator operating under a current license issued pursuant to the Alarm Company Act, shall be subject to the requirements of subdivision (c), and shall be accompanied by the “Notice of Cancellation” required by subdivision (c), except that the first paragraph of that notice shall be deleted and replaced with the following paragraph: You may cancel this transaction, without any penalty or obligation, within seven business days from the above date. (e) A home solicitation contract written pursuant to Section 7151.2 of the Business and Professions Code for the repair or restoration of residential premises damaged by a disaster that is subject to subdivision (c) of Section 1689.6, shall be written in the same language, e.g., Spanish, as principally used in the oral sales presentation. The contract, or an attachment to the contract that is subject to Section 7159 of the Business and Professions Code shall include, in immediate proximity to the space reserved for the buyer’s signature, the following statement in a size equal to at least 12-point boldface type, which shall be signed and dated by the buyer: ## “Seven-Day Right to Cancel You, the buyer, have the right to cancel this contract within seven business days. You may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the seventh business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.” (f) The seller shall provide the buyer with a copy of the contract or offer to purchase and the attached notice of cancellation, and shall inform the buyer orally of the buyer’s right to cancel and the requirement that cancellation be in writing, at the time the home solicitation contract or offer is executed. (g) Until the seller has complied with this section the buyer may cancel the home solicitation contract or offer. (h) “Contract or sale” as used in subdivision (c) means “home solicitation contract or offer” as defined by Section 1689.5. (i) The five-day right to cancel added by the act that added subparagraph (A) to paragraph (1) and subparagraph (B) to paragraph (4) of subdivision (a), and paragraph (2) to subdivision (c) applies to contracts, or offers to purchase conveyed, entered into, on or after January 1, 2021. (Amended by Stats. 2025, Ch. 348, Sec. 4. (AB 1327) Effective January 1, 2026.)
  29. 1689.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    Home solicitation contracts or offers for home improvement goods or services that include a lien on real property are subject to Chapter 1 of Title 2 of Part 4 of Division 3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.8. (a) Every home solicitation contract or offer for home improvement goods or services which provides for a lien on real property is subject to the provisions of Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3. (b) For purposes of this section, “home improvement goods or services” means goods and services, as defined in Section 1689.5, which are bought in connection with the improvement of real property. Such home improvement goods and services include, but are not limited to, burglar alarms, carpeting, texture coating, fencing, air conditioning or heating equipment, and termite extermination. Home improvement goods include goods which, at the time of sale or subsequently, are to be so affixed to real property as to become a part of real property whether or not severable therefrom. (Added by Stats. 1979, Ch. 1012.)
  30. 1689.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A buyer may not cancel a home solicitation contract in this situation if the goods have been affixed to real property and the buyer later sells or encumbers that property to a bona fide purchaser or encumbrancer who was not part of the transaction.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1689.9. Where the goods sold under any home solicitation contract are so affixed to real property as to become a part thereof, whether or not severable therefrom, the buyer shall not have the right to cancel as provided in Section 1689.6 or Section 1689.7 if, subsequent to his signing such contract, he has sold or encumbered such real property to a bona fide purchaser or encumbrancer who was not a party to such sale of goods or to any loan agreement in connection therewith. (Added by Stats. 1971, Ch. 375.)
  31. 1690.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A contract term saying description errors will not avoid the contract does not eliminate rescission for fraud, or for a qualifying essential mistake that cannot be exactly and fully compensated.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1690. A stipulation that errors of description shall not avoid a contract, or shall be the subject of compensation, or both, does not take away the right of rescission for fraud, nor for mistake, where such mistake is in a matter essential to the inducement of the contract, and is not capable of exact and entire compensation. (Enacted 1872.)
  32. 1691.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    A party rescinding a contract must act promptly after learning the facts, give notice of rescission, and restore or offer to restore what was received under the contract, subject to stated conditions and exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1691. Subject to Section 1693, to effect a rescission a party to the contract must, promptly upon discovering the facts which entitle him to rescind if he is free from duress, menace, undue influence or disability and is aware of his right to rescind: (a) Give notice of rescission to the party as to whom he rescinds; and (b) Restore to the other party everything of value which he has received from him under the contract or offer to restore the same upon condition that the other party do likewise, unless the latter is unable or positively refuses to do so. When notice of rescission has not otherwise been given or an offer to restore the benefits received under the contract has not otherwise been made, the service of a pleading in an action or proceeding that seeks relief based on rescission shall be deemed to be such notice or offer or both. (Amended by Stats. 1961, Ch. 589.)
  33. 1692.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    If a contract is rescinded, a party may seek relief based on the rescission, and the court can award complete relief, including restitution and consequential damages, subject to no duplicate or inconsistent recovery.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1692. When a contract has been rescinded in whole or in part, any party to the contract may seek relief based upon such rescission by (a) bringing an action to recover any money or thing owing to him by any other party to the contract as a consequence of such rescission or for any other relief to which he may be entitled under the circumstances or (b) asserting such rescission by way of defense or cross-complaint. If in an action or proceeding a party seeks relief based upon rescission and the court determines that the contract has not been rescinded, the court may grant any party to the action any other relief to which he may be entitled under the circumstances. A claim for damages is not inconsistent with a claim for relief based upon rescission. The aggrieved party shall be awarded complete relief, including restitution of benefits, if any, conferred by him as a result of the transaction and any consequential damages to which he is entitled; but such relief shall not include duplicate or inconsistent items of recovery. If in an action or proceeding a party seeks relief based upon rescission, the court may require the party to whom such relief is granted to make any compensation to the other which justice may require and may otherwise in its judgment adjust the equities between the parties. (Amended by Stats. 1971, Ch. 244.)
  34. 1693.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. )

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    In rescission cases, relief generally cannot be denied just because notice or restoration was delayed, unless the delay substantially prejudiced the other party.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2. Rescission [1688 - 1693] ( Chapter 2 enacted 1872. ) ## 1693. When relief based upon rescission is claimed in an action or proceeding, such relief shall not be denied because of delay in giving notice of rescission unless such delay has been substantially prejudicial to the other party. A party who has received benefits by reason of a contract that is subject to rescission and who in an action or proceeding seeks relief based upon rescission shall not be denied relief because of a delay in restoring or in tendering restoration of such benefits before judgment unless such delay has been substantially prejudicial to the other party; but the court may make a tender of restoration a condition of its judgment. (Added by Stats. 1961, Ch. 589.)
  35. 1694.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. )

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    This section defines “dating service contract” and “online dating service” for this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. ) ## 1694. (a) As used in this chapter, a dating service contract is any contract with any organization that offers dating, matrimonial, or social referral services by any of the following means: (1) An exchange of names, telephone numbers, addresses, and statistics. (2) A photograph or video selection process. (3) Personal introductions provided by the organization at its place of business. (4) A social environment provided by the organization intended primarily as an alternative to other singles’ bars or club-type environments. (b) As used in this chapter, an “online dating service” means any person or organization engaged in the business of offering dating, matrimonial, or social referral services online, where the services are offered primarily online, such as by means of an Internet Web site or a mobile application. (Amended by Stats. 2017, Ch. 578, Sec. 1. (AB 314) Effective January 1, 2018.)
  36. 1694.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. )

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    A buyer can cancel a dating service contract within three business days, and the seller must refund payments within 10 days after receiving cancellation notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. ) ## 1694.1. (a) In addition to any other right to revoke an offer, the buyer has the right to cancel a dating service contract or offer, until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase those services. (b) (1) Cancellation occurs when the buyer gives written notice of cancellation by mail, telegram, or delivery to the seller at the address specified in the agreement or offer. (2) In the case of a dating service contract with an online dating service, cancellation occurs when the buyer gives written notice of cancellation by email to an email address provided by the seller. Additional electronic means of cancellation may be provided by the agreement or offer. (c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. (d) Notice of cancellation given by the buyer need not take the particular form as provided in the contract or offer to purchase and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the dating service contract. (e) All moneys paid pursuant to any contract for dating services shall be refunded within 10 days of receipt of the notice of cancellation. (f) The buyer may notify the dating service of his or her intent to cancel the contract within the three-day period specified in this section and stop the processing of a credit card voucher or check by telephone notification to the dating service. However, this does not negate the obligation of the buyer to cancel the contract by mail, email or other electronic means, telegram, or delivery as required pursuant to this section. (Amended by Stats. 2017, Ch. 578, Sec. 2. (AB 314) Effective January 1, 2018.)
  37. 1694.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. )

    Verify source ↗

    Dating service contracts must be in writing and include specific cancellation and contact information, and they cannot require payments or financing for more than two years.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. ) ## 1694.2. (a) A dating service contract shall be in writing, which, in the case of an online dating service contract, may be an electronic writing made available for viewing online. A copy of the contract shall be provided to the buyer at the time he or she signs the contract, except that an online dating service shall not be required to provide a copy of the contract where (1) the contract is available through a direct link that is provided in a clear and conspicuous manner on the Internet Web site page where the buyer provides consent to the agreement and, (2) upon request by the buyer, the online dating service provides a PDF format or retainable digital copy of the contract. (b) (1) Every dating service contract shall contain on its face, and in close proximity to the space reserved for the signature of the buyer, a conspicuous statement in a size equal to at least 10-point boldface type, as follows: “You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: _____ (Name of the business that sold you the contract) _____ _____ (Address of the business that sold you the contract) _____ .” (2) Paragraph (1) shall not otherwise apply to an online dating service if the online dating service contract includes the statement in paragraph (1) in a clear and conspicuous manner in a stand-alone first paragraph of the contract. (c) (1) The dating service contract shall contain on the first page, in a type size no smaller than that generally used in the body of the document, the name and address of the dating service operator to which the notice of cancellation is to be mailed, and the date the buyer signed the contract. (2) In the case of an online dating service contract, if the name of the dating service operator and the email address that can be used for cancellation appears in the first paragraph of the contract, in a type size no smaller than that generally used in the body of the document, the other requirements of paragraph (1) shall not apply. (d) (1) No dating service contract shall require payments or financing by the buyer over a period in excess of two years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the buyer. However, the services to be rendered to the buyer under the contract may extend over a period beginning within six months and ending within three years of the date the contract is entered into. (2) In the case of an online dating service contract, if the initial term is one year or less, and subsequent terms are one year or less, paragraph (1) shall not apply. (e) If a dating service contract is not in compliance with this chapter, the buyer may, at any time, cancel the contract. (Amended by Stats. 2017, Ch. 578, Sec. 3. (AB 314) Effective January 1, 2018.)
  38. 1694.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. )

    Verify source ↗

    Dating service contracts must include specified refund, cancellation, and online-safety terms.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. ) ## 1694.3. (a) Every dating service contract shall contain language providing that: (1) If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer’s estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph (4). (2) If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or his or her representative. (3) “Disability” means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to the seller. (4) If the physician determines that the duration of the disability will be less than six months, the seller may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation. (b) (1) If the buyer relocates his or her primary residence further than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer has prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subdivision may be charged a predetermined fee not to exceed one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars ($50). (2) Paragraph (1) shall not apply to online dating services that are generally available to users on a regional, national, or global basis. (c) In addition to any other requirements, online dating services shall also maintain both of the following features: (1) A reference or link to dating safety awareness information that includes, at a minimum, a list or descriptions of safety measures reasonably aimed at increasing awareness of safer dating practices. (2) A means to report issues or concerns relating to the behavior of other users of the online dating service arising out of their use of the service. (Amended by Stats. 2017, Ch. 578, Sec. 4. (AB 314) Effective January 1, 2018.)
  39. 1694.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. )

    Verify source ↗

    Dating service contracts that do not comply with this chapter are void and unenforceable, and buyers can seek damages and refunds in some cases.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.1. Dating Service Contracts [1694 - 1694.4] ( Chapter 2.1 added by Stats. 1989, Ch. 138, Sec. 1. ) ## 1694.4. (a) Any contract for dating services which does not comply with this chapter is void and unenforceable. (b) Any contract for dating services entered into under willful and fraudulent or misleading information or advertisements of the seller is void and unenforceable. (c) Any buyer injured by a violation of this chapter may bring an action for the recovery of damages in a court of competent jurisdiction. Judgment may be entered for three times the amount at which the actual damages are assessed. Reasonable attorney fees may be awarded to the prevailing party. (d) Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this chapter, the buyer shall be entitled to receive a refund or refund credit of that portion of the cash price as is allocable to the services not actually received by the buyer. The refund of any finance charge shall be computed according to the “sum of the balance method,” also known as the “Rule of 78.” (e) Any waiver by the buyer of this chapter is void and unenforceable. (Added by Stats. 1989, Ch. 138, Sec. 1.)
  40. 1694.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. )

    Verify source ↗

    This section defines “weight loss contract” for this chapter and excludes health studio service contracts from the chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. ) ## 1694.5. (a) As used in this chapter, a weight loss contract is a contract with any weight loss program or center that offers any of the following: (1) Instruction, counseling, supervision, or assistance in weight reduction, body shaping, diet, and eating habits, by persons who are not licensed health care professionals. (2) Use of facilities of a weight loss center for any of the purposes specified in paragraph (1). (3) Membership in any group, club, association, or organization formed for any of the purposes specified in paragraph (1). (4) Prepackaged, or premeasured “diet foods” provided by the weight loss program or center. (b) This chapter does not apply to any contract for health studio services as defined in Section 1812.81. (Added by Stats. 1989, Ch. 138, Sec. 2.)
  41. 1694.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. )

    Verify source ↗

    A buyer can cancel a weight loss contract within three business days, and the seller must refund any money paid within 10 days after receiving cancellation notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. ) ## 1694.6. (a) In addition to any other right to revoke an offer, the buyer has the right to cancel a weight loss contract or offer until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase those services. (b) Cancellation occurs when the buyer gives written notice of cancellation by mail, telegram, or delivery to the seller at the address specified in the agreement or offer. (c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. (d) Notice of cancellation given by the buyer need not take the particular form as provided in the contract or offer to purchase and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the weight loss contract. (e) All moneys paid pursuant to any weight loss contract shall be refunded within 10 days of receipt of the notice of cancellation. (f) The buyer may notify the weight loss program of his or her intent to cancel the contract within the three-day period specified in this section and stop the processing of a credit card voucher or check by telephone notification to the weight loss program. However, this does not negate the obligation of the buyer to cancel the contract by mail, telegram, or delivery as required pursuant to this section. (Amended by Stats. 1993, Ch. 359, Sec. 3. Effective January 1, 1994.)
  42. 1694.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. )

    Verify source ↗

    Weight loss contracts must be written, include required cancellation information, and limit payment, term, and service duration. Buyers get a cancellation right, and they may cancel at any time if the contract does not comply with the chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. ) ## 1694.7. (a) A weight loss contract shall be in writing. A copy of the contract shall be provided to the buyer at the time he or she signs the contract. (b) Every weight loss contract shall contain on its face, and in close proximity to the space reserved for the signature of the buyer, a conspicuous statement in a size equal to at least 10-point boldface type, as follows: “You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: _____ (Name of the business that sold you the contract) _____ _____ (Address of the business that sold you the contract) _____ .” (c) The weight loss contract shall contain on the first page, in a type size no smaller than that generally used in the body of the document, the name and address of the weight loss program operator to which the notice of cancellation is to be mailed; and the date the buyer signed the contract. (d) No weight loss contract shall require payments or financing by the buyer over a period in excess of two years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the buyer. The services to be rendered to the buyer under the contract shall not extend for more than three years after the date the contract is entered into. (e) If a weight loss contract is not in compliance with this chapter, the buyer may, at any time, cancel the contract. (Amended by Stats. 1993, Ch. 359, Sec. 4. Effective January 1, 1994.)
  43. 1694.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. )

    Verify source ↗

    Weight loss contracts must include terms letting buyers stop payments and get refunds if death, disability, or certain relocation situations prevent service use, and may allow limited fees or a six-month extension.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. ) ## 1694.8. Every weight loss contract shall contain language providing that: (a) If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer’s estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph (3). (1) If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or his or her representative. (2) “Disability” means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to the seller. (3) If the physician determines that the duration of the disability will be less than six months, the seller may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation. (b) If the buyer relocates his or her primary residence further than 50 miles from the weight loss center and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer has prepaid any amount for weight loss services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subdivision may be charged a predetermined fee not to exceed one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars ($50). (Added by Stats. 1989, Ch. 138, Sec. 2.)
  44. 1694.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. )

    Verify source ↗

    Weight loss service contracts that do not comply with this chapter are void and unenforceable, and buyers may seek damages and refunds in some cases.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.2. Weight Loss Contracts [1694.5 - 1694.9] ( Chapter 2.2 added by Stats. 1989, Ch. 138, Sec. 2. ) ## 1694.9. (a) Any contract for weight loss services which does not comply with this chapter is void and unenforceable. (b) Any contract for weight loss services entered into under willful and fraudulent or misleading information or advertisements of the seller is void and unenforceable. (c) Any buyer injured by a violation of this chapter may bring an action for the recovery of damages in a court of competent jurisdiction. Judgment may be entered for three times the amount at which the actual damages are assessed if the violation is willful. Reasonable attorney fees may be awarded to the prevailing party. (d) Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this chapter, the buyer shall be entitled to receive a refund or refund credit of that portion of the cash price as is allocable to the services not actually received by the buyer. The refund of any finance charge shall be computed according to the “sum of the balance method,” also known as the “Rule of 78.” (e) Any waiver by the buyer of this chapter is void and unenforceable. (Added by Stats. 1989, Ch. 138, Sec. 2.)
  45. 1695.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    This section says the chapter’s purpose is to protect homeowners in foreclosure from unfair or deceptive home equity purchase practices and to require written sales agreements and fair dealing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695. (a) The Legislature finds and declares that homeowners whose residences are in foreclosure have been subjected to fraud, deception, and unfair dealing by home equity purchasers. The recent rapid escalation of home values, particularly in the urban areas, has resulted in a significant increase in home equities which are usually the greatest financial asset held by the homeowners of this state. During the time period between the commencement of foreclosure proceedings and the scheduled foreclosure sale date, homeowners in financial distress, especially the poor, elderly, and financially unsophisticated, are vulnerable to the importunities of equity purchasers who induce homeowners to sell their homes for a small fraction of their fair market values through the use of schemes which often involve oral and written misrepresentations, deceit, intimidation, and other unreasonable commercial practices. (b) The Legislature declares that it is the express policy of the state to preserve and guard the precious asset of home equity, and the social as well as the economic value of homeownership. (c) The Legislature further finds that equity purchasers have a significant impact upon the economy and well-being of this state and its local communities, and therefore the provisions of this chapter are necessary to promote the public welfare. (d) The intent and purposes of this chapter are the following: (1) To provide each homeowner with information necessary to make an informed and intelligent decision regarding the sale of his or her home to an equity purchaser; to require that the sales agreement be expressed in writing; to safeguard the public against deceit and financial hardship; to insure, foster, and encourage fair dealing in the sale and purchase of homes in foreclosure; to prohibit representations that tend to mislead; to prohibit or restrict unfair contract terms; to afford homeowners a reasonable and meaningful opportunity to rescind sales to equity purchasers; and to preserve and protect home equities for the homeowners of this state. (2) This chapter shall be liberally construed to effectuate this intent and to achieve these purposes. (Added by Stats. 1979, Ch. 1029.)
  46. 1695.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

    Verify source ↗

    This section defines key terms used in the Home Equity Sales Contracts chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.1. The following definitions apply to this chapter: (a) “Equity purchaser” means any person who acquires title to any residence in foreclosure, except a person who acquires such title as follows: (1) For the purpose of using such property as a personal residence. (2) By a deed in lieu of foreclosure of any voluntary lien or encumbrance of record. (3) By a deed from a trustee acting under the power of sale contained in a deed of trust or mortgage at a foreclosure sale conducted pursuant to Article 1 (commencing with Section 2920) of Chapter 2 of Title 14 of Part 4 of Division 3. (4) At any sale of property authorized by statute. (5) By order or judgment of any court. (6) From a spouse, blood relative, or blood relative of a spouse. (b) “Residence in foreclosure” and “residential real property in foreclosure” means residential real property consisting of one- to four-family dwelling units, one of which the owner occupies as his or her principal place of residence, and against which there is an outstanding notice of default, recorded pursuant to Article 1 (commencing with Section 2920) of Chapter 2 of Title 14 of Part 4 of Division 3. (c) “Equity seller” means any seller of a residence in foreclosure. (d) “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. (e) “Contract” means any offer or any contract, agreement, or arrangement, or any term thereof, between an equity purchaser and equity seller incident to the sale of a residence in foreclosure. (f) “Property owner” means the record title owner of the residential real property in foreclosure at the time the notice of default was recorded. (Amended by Stats. 1980, Ch. 423, Sec. 4. Effective July 11, 1980.)
  47. 1695.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

    Verify source ↗

    Any waiver of this chapter is void and unenforceable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.10. Any waiver of the provisions of this chapter shall be void and unenforceable as contrary to the public policy. (Added by Stats. 1979, Ch. 1029.)
  48. 1695.11.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

    Verify source ↗

    If part of this chapter is held unconstitutional, the rest still applies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.11. If any provision of this chapter, or if any application thereof to any person or circumstance is held unconstitutional, the remainder of this chapter and the application of its provisions to other persons and circumstances shall not be affected thereby. (Added by Stats. 1979, Ch. 1029.)
  49. 1695.12.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

    Verify source ↗

    In certain foreclosure-related home sale transactions, the law presumes the deal is a loan and the deed a mortgage, unless clear and convincing evidence shows otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.12. In any transaction in which an equity seller purports to grant a residence in foreclosure to an equity purchaser by any instrument which appears to be an absolute conveyance and reserves to himself or herself or is given by the equity purchaser an option to repurchase, such transaction shall create a presumption affecting the burden of proof, which may be overcome by clear and convincing evidence to the contrary that the transaction is a loan transaction, and the purported absolute conveyance is a mortgage; however, such presumption shall not apply to a bona fide purchaser or encumbrancer for value without notice of a violation of this chapter, and knowledge on the part of any such person or entity that the property was “residential real property in foreclosure” shall not constitute notice of a violation of this chapter. This section shall not be deemed to abrogate any duty of inquiry which exists as to rights or interests of persons in possession of the residential real property in foreclosure. (Amended by Stats. 1980, Ch. 423, Sec. 9. Effective July 11, 1980.)
  50. 1695.13.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    A person must not engage in a foreclosure-related residential real property transaction if the transaction takes unconscionable advantage of the owner in foreclosure.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.13. It is unlawful for any person to initiate, enter into, negotiate, or consummate any transaction involving residential real property in foreclosure, as defined in Section 1695.1, if such person, by the terms of such transaction, takes unconscionable advantage of the property owner in foreclosure. (Added by Stats. 1980, Ch. 423, Sec. 10. Effective July 11, 1980.)
  51. 1695.14.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    A property owner may rescind a violating foreclosure-related home equity sales transaction within two years, but must give written notice and record it; the equity purchaser must reconvey title within 20 days after notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.14. (a) In any transaction involving residential real property in foreclosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable and the transaction may be rescinded by the property owner within two years of the date of the recordation of the conveyance of the residential real property in foreclosure. (b) Such rescission shall be effected by giving written notice as provided in Section 1691 to the equity purchaser and his successor in interest, if the successor is not a bona fide purchaser or encumbrancer for value as set forth in subdivision (c), and by recording such notice with the county recorder of the county in which the property is located, within two years of the date of the recordation of the conveyance to the equity purchaser. The notice of rescission shall contain the names of the property owner and the name of the equity purchaser in addition to any successor in interest holding record title to the real property and shall particularly describe such real property. The equity purchaser and his successor in interest if the successor is not a bona fide purchaser or encumbrancer for value as set forth in subdivision (c), shall have 20 days after the delivery of the notice in which to reconvey title to the property free and clear of encumbrances created subsequent to the rescinded transaction. Upon failure to reconvey title within such time, the rescinding party may bring an action to enforce the rescission and for cancellation of the deed. (c) The provisions of this section shall not affect the interest of a bona fide purchaser or encumbrancer for value if such purchase or encumbrance occurred prior to the recordation of the notice of rescission pursuant to subdivision (b). Knowledge that the property was residential real property in foreclosure shall not impair the status of such persons or entities as bona fide purchasers or encumbrancers for value. This subdivision shall not be deemed to abrogate any duty of inquiry which exists as to rights or interests of persons in possession of the residential real property in foreclosure. (d) In any action brought to enforce a rescission pursuant to this section, the prevailing party shall be entitled to costs and reasonable attorneys fees. (e) The remedies provided by this section shall be in addition to any other remedies provided by law. (Added by Stats. 1980, Ch. 423, Sec. 11. Effective July 11, 1980.)
  52. 1695.15.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    An equity purchaser is liable for damages caused by its representative’s statements or acts connected with the foreclosure home purchase or related consideration/property transfers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.15. (a) An equity purchaser is liable for all damages resulting from any statement made or act committed by the equity purchaser’s representative in any manner connected with the equity purchaser’s acquisition of a residence in foreclosure, receipt of any consideration or property from or on behalf of the equity seller, or the performance of any act prohibited by this chapter. (b) “Representative” for the purposes of this section means a person who in any manner solicits, induces, or causes any property owner to transfer title or solicits any member of the property owner’s family or household to induce or cause any property owner to transfer title to the residence in foreclosure to the equity purchaser. (Added by Stats. 1990, Ch. 1537, Sec. 1.)
  53. 1695.16.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    Contract terms that try to limit the equity purchaser’s liability or require arbitration can be void, and the equity purchaser may owe damages to the equity seller.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.16. (a) Any provision of a contract which attempts or purports to limit the liability of the equity purchaser under Section 1695.15 shall be void and shall at the option of the equity seller render the equity purchase contract void. The equity purchaser shall be liable to the equity seller for all damages proximately caused by that provision. Any provision in a contract which attempts or purports to require arbitration of any dispute arising under this chapter shall be void at the option of the equity seller only upon grounds as exist for the revocation of any contract. (b) This section shall apply to any contract entered into on or after January 1, 1991. (Added by Stats. 1990, Ch. 1537, Sec. 2.)
  54. 1695.17.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    A covered representative must give the equity seller written proof of a current California real estate sales license and required bonding, plus a sworn written statement, before any transfer of the property interest.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.17. (a) Any representative, as defined in subdivision (b) of Section 1695.15, deemed to be the agent or employee, or both the agent and the employee of the equity purchaser shall be required to provide both of the following: (1) Written proof to the equity seller that the representative has a valid current California Real Estate Sales License and that the representative is bonded by an admitted surety insurer in an amount equal to twice the fair market value of the real property which is the subject of the contract. (2) A statement in writing, under penalty of perjury, that the representative has a valid current California Real Estate Sales License, is bonded by an admitted surety insurer in an amount equal to at least twice the value of the real property which is the subject of the contract and has complied with paragraph (1). The written statement required by this paragraph shall be provided to all parties to the contract prior to the transfer of any interest in the real property which is the subject of the contract. (b) The failure to comply with subdivision (a) shall at the option of the equity seller render the equity purchase contract void and the equity purchaser shall be liable to the equity seller for all damages proximately caused by the failure to comply. (Added by Stats. 1990, Ch. 1537, Sec. 3.)
  55. 1695.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    A home equity sales contract must be in 10-point bold type, use the same language used in negotiations, and be fully completed, signed, and dated before any conveyance document is executed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.2. Every contract shall be written in letters of a size equal to 10-point bold type, in the same language principally used by the equity purchaser and equity seller to negotiate the sale of the residence in foreclosure and shall be fully completed and signed and dated by the equity seller and equity purchaser prior to the execution of any instrument of conveyance of the residence in foreclosure. (Added by Stats. 1979, Ch. 1029.)
  56. 1695.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    A covered contract must include the full agreement and several required terms and notices about the equity purchaser, the property, payment, possession, rental terms, cancellation, and a warning notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.3. Every contract shall contain the entire agreement of the parties and shall include the following terms: (a) The name, business address, and the telephone number of the equity purchaser. (b) The address of the residence in foreclosure. (c) The total consideration to be given by the equity purchaser in connection with or incident to the sale. (d) A complete description of the terms of payment or other consideration including, but not limited to, any services of any nature which the equity purchaser represents he will perform for the equity seller before or after the sale. (e) The time at which possession is to be transferred to the equity purchaser. (f) The terms of any rental agreement. (g) A notice of cancellation as provided in subdivision (b) of Section 1695.5. (h) The following notice in at least 14-point boldface type, if the contract is printed or in capital letters if the contract is typed, and completed with the name of the equity purchaser, immediately above the statement required by Section 1695.5(a): “NOTICE REQUIRED BY CALIFORNIA LAW Until your right to cancel this contract has ended, _____ (Name) _____ or anyone working for _____ (Name) _____ CANNOT ask you to sign or have you sign any deed or any other document.” The contract required by this section shall survive delivery of any instrument of conveyance of the residence in foreclosure, and shall have no effect on persons other than the parties to the contract. (Amended by Stats. 1980, Ch. 423, Sec. 5. Effective July 11, 1980.)
  57. 1695.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    An equity seller can cancel a home equity sales contract within a short deadline, and cancellation is effective if the seller gives notice as described in this section.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.4. (a) In addition to any other right of rescission, the equity seller has the right to cancel any contract with an equity purchaser until midnight of the fifth business day following the day on which the equity seller signs a contract that complies with this chapter or until 8 a.m. on the day scheduled for the sale of the property pursuant to a power of sale conferred in a deed of trust, whichever occurs first. (b) Cancellation occurs when the equity seller personally delivers written notice of cancellation to the address specified in the contract or sends a telegram indicating cancellation to that address. (c) A notice of cancellation given by the equity seller need not take the particular form as provided with the contract and, however expressed, is effective if it indicates the intention of the equity seller not to be bound by the contract. (Amended by Stats. 1997, Ch. 50, Sec. 1. Effective January 1, 1998.)
  58. 1695.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    The equity purchaser must enter the rescission end date and time and give the equity seller copies of the contract and cancellation notice; until that is done, the equity seller may cancel the contract.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.5. (a) The contract shall contain in immediate proximity to the space reserved for the equity seller’s signature a conspicuous statement in a size equal to at least 12-point bold type, if the contract is printed or in capital letters if the contract is typed, as follows: “You may cancel this contract for the sale of your house with­out any penalty or obligation at any time before _____ (Date and time of day) _____ . See the attached notice of cancellation form for an explanation of this right.” The equity purchaser shall accurately enter the date and time of day on which the rescission right ends. (b) The contract shall be accompanied by a completed form in duplicate, captioned “notice of cancellation” in a size equal to 12-point bold type, if the contract is printed or in capital letters if the contract is typed, followed by a space in which the equity purchaser shall enter the date on which the equity seller executes any contract. This form shall be attached to the contract, shall be easily detachable, and shall contain in type of at least 10-point, if the contract is printed or in capital letters if the contract is typed, the following statement written in the same language as used in the contract: “NOTICE OF CANCELLATION _____ (Enter date contract signed) _____ You may cancel this contract for the sale of your house, without any penalty or obligation, at any time before _____ (Enter date and time of day) _____ . To cancel this transaction, personally deliver a signed and dated copy of this cancellation notice, or send a telegram to _____ (Name of purchaser) _____ , at _____ (Street address of purchaser’s place of business) _____ NOT LATER THAN (Enter date and time of day) . I hereby cancel this transaction _____ (Date) _____ . (Seller’s signature)” (c) The equity purchaser shall provide the equity seller with a copy of the contract and the attached notice of cancellation. (d) Until the equity purchaser has complied with this section, the equity seller may cancel the contract. (Amended by Stats. 1997, Ch. 50, Sec. 2. Effective January 1, 1998.)
  59. 1695.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    The equity purchaser must follow several restrictions and return documents after cancellation notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.6. (a) The contract as required by Sections 1695.2, 1695.3, and 1695.5, shall be provided and completed in conformity with those sections by the equity purchaser. (b) Until the time within which the equity seller may cancel the transaction has fully elapsed, the equity purchaser shall not do any of the following: (1) Accept from any equity seller an execution of, or induce any equity seller to execute, any instrument of conveyance of any interest in the residence in foreclosure. (2) Record with the county recorder any document, including, but not limited to, any instrument of conveyance, signed by the equity seller. (3) Transfer or encumber or purport to transfer or encumber any interest in the residence in foreclosure to any third party, provided no grant of any interest or encumbrance shall be defeated or affected as against a bona fide purchaser or encumbrancer for value and without notice of a violation of this chapter, and knowledge on the part of any such person or entity that the property was “residential real property in foreclosure” shall not constitute notice of a violation of this chapter. This section shall not be deemed to abrogate any duty of inquiry which exists as to rights or interests of persons in possession of the residential real property in foreclosure. (4) Pay the equity seller any consideration. (c) Within 10 days following receipt of a notice of cancellation given in accordance with Sections 1695.4 and 1695.5, the equity purchaser shall return without condition any original contract and any other documents signed by the equity seller. (d) An equity purchaser shall make no untrue or misleading statements regarding the value of the residence in foreclosure, the amount of proceeds the equity seller will receive after a foreclosure sale, any contract term, the equity seller’s rights or obligations incident to or arising out of the sale transaction, the nature of any document which the equity purchaser induces the equity seller to sign, or any other untrue or misleading statement concerning the sale of the residence in foreclosure to the equity purchaser. (e) Whenever any equity purchaser purports to hold title as a result of any transaction in which the equity seller grants the residence in foreclosure by any instrument which purports to be an absolute conveyance and reserves or is given by the equity purchaser an option to repurchase such residence, the equity purchaser shall not cause any encumbrance or encumbrances to be placed on such property or grant any interest in such property to any other person without the written consent of the equity seller. Nothing in this subdivision shall preclude the application of paragraph (3) of subdivision (b). (Amended by Stats. 1997, Ch. 50, Sec. 3. Effective January 1, 1998.)
  60. 1695.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    An equity seller may sue an equity purchaser for violations of specified sections, and the court can award damages, fees, equitable relief, or a civil penalty subject to limits.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.7. An equity seller may bring an action for the recovery of damages or other equitable relief against an equity purchaser for a violation of any subdivision of Section 1695.6 or Section 1695.13. The equity seller shall recover actual damages plus reasonable attorneys’ fees and costs. In addition, the court may award exemplary damages or equitable relief, or both, if the court deems such award proper, but in any event shall award exemplary damages in an amount not less than three times the equity seller’s actual damages for any violation of paragraph (3) of subdivision (b) of Section 1695.6 or Section 1695.13; or the court may award a civil penalty of up to two thousand five hundred dollars ($2,500), but it may not award both exemplary damages and a civil penalty. Any action brought pursuant to this section shall be commenced within four years after the date of the alleged violation. (Amended by Stats. 2003, Ch. 74, Sec. 1. Effective January 1, 2004.)
  61. 1695.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    An equity purchaser who violates Section 1695.6 or commits fraud or deceit against an equity seller may be fined or jailed if convicted.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.8. Any equity purchaser who violates any subdivision of Section 1695.6 or who engages in any practice which would operate as a fraud or deceit upon an equity seller shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000), by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment for each violation. (Amended by Stats. 2011, Ch. 15, Sec. 32. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  62. 1695.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. )

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    This chapter’s rules are not the only rules that apply; they also add to any other legal requirements, rights, remedies, and penalties.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 2.5. Home Equity Sales Contracts [1695 - 1695.17] ( Chapter 2.5 added by Stats. 1979, Ch. 1029. ) ## 1695.9. The provisions of this chapter are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law. (Added by Stats. 1979, Ch. 1029.)
  63. 1697.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. )

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    A contract that is not in writing may be changed in any respect if the parties consent in writing and no new consideration is needed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. ) ## 1697. A contract not in writing may be modified in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the modification. (Amended by Stats. 1976, Ch. 109.)
  64. 1698.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. )

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    A written contract may be modified in writing, by an executed oral agreement, or by an oral agreement supported by new consideration if the contract does not expressly bar that method.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. ) ## 1698. (a) A contract in writing may be modified by a contract in writing. (b) A contract in writing may be modified by an oral agreement to the extent that the oral agreement is executed by the parties. (c) Unless the contract otherwise expressly provides, a contract in writing may be modified by an oral agreement supported by new consideration. The statute of frauds (Section 1624) is required to be satisfied if the contract as modified is within its provisions. (d) Nothing in this section precludes in an appropriate case the application of rules of law concerning estoppel, oral novation and substitution of a new agreement, rescission of a written contract by an oral agreement, waiver of a provision of a written contract, or oral independent collateral contracts. (Repealed and added by Stats. 1976, Ch. 109.)
  65. 1699.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. )

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    Destroying or canceling a written contract, or the liable parties’ signatures, with intent to end the obligation extinguishes the obligation for the parties who consent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. ) ## 1699. The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act. (Enacted 1872.)
  66. 1700.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. )

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    Intentional destruction, cancellation, or material alteration of a written contract can end the executory obligations that benefit the acting party, unless the affected parties consent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. ) ## 1700. The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the act. (Enacted 1872.)
  67. 1701.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. )

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    If a contract is signed in duplicate, changing or destroying one copy while the other copy still exists is not covered by the previous section.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 2. CONTRACTS [1549 - 1701] ( Part 2 enacted 1872. ) ## TITLE 5. EXTINCTION OF CONTRACTS [1682 - 1701] ( Title 5 enacted 1872. ) ## CHAPTER 3. Modification and Cancellation [1697 - 1701] ( Heading of Chapter 3 amended by Stats. 1976, Ch. 109. ) ## 1701. Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the provisions of the last section. (Enacted 1872.)
  68. 1708.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Every person must, even without a contract, avoid injuring another person or property or infringing their rights.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708. Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights. (Amended by Stats. 2002, Ch. 664, Sec. 38.5. Effective January 1, 2003.)
  69. 1708.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section defines sexual battery, sets damages liability for a person who commits it, and allows the court to award equitable relief.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.5. (a) A person commits a sexual battery who does any of the following: (1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results. (2) Acts with the intent to cause a harmful or offensive contact with another by use of the person’s intimate part, and a sexually offensive contact with that person directly or indirectly results. (3) Acts to cause an imminent apprehension of the conduct described in paragraph (1) or (2), and a sexually offensive contact with that person directly or indirectly results. (4) Causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed. (5) Causes contact between an intimate part of the person and a sexual organ of another from which the person removed a condom without verbal consent. (b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages. (c) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper. (d) For the purposes of this section: (1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female. (2) “Offensive contact” means contact that offends a reasonable sense of personal dignity. (e) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law. (Amended by Stats. 2021, Ch. 613, Sec. 1. (AB 453) Effective January 1, 2022.)
  70. 1708.5.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    In certain sexual battery civil actions, consent cannot be used as a defense if the alleged offender is an adult in a position of authority over the minor.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.5.5. (a) Notwithstanding Section 3515, consent shall not be a defense in any civil action under Section 1708.5 if the person who commits the sexual battery is an adult who is in a position of authority over the minor. (b) For purposes of this section, an adult is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a natural parent, stepparent, foster parent, relative, partner of any such parent or relative, caretaker, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, employee of one of those aforementioned persons, or coworker. (c) For purposes of this section, “undue influence” has the same meaning as in Section 15610.70 of the Welfare and Institutions Code. (Added by Stats. 2015, Ch. 128, Sec. 1. (SB 14) Effective January 1, 2016.)
  71. 1708.5.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person who misuses sperm, ova, or embryos in violation of Penal Code Section 367g can face a private damages action.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.5.6. (a) A private cause of action for damages lies against a person who misuses sperm, ova, or embryos in violation of Section 367g of the Penal Code. (b) A prevailing plaintiff who suffers harm as a result of a violation of Section 367g of the Penal Code may be awarded actual damages or statutory damages of not less than fifty thousand dollars ($50,000), whichever is greater. (Added by Stats. 2021, Ch. 170, Sec. 1. (AB 556) Effective January 1, 2022.)
  72. 1708.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person may be liable for domestic violence tort damages if the plaintiff proves the required abuse and relationship elements. The court may also grant equitable relief, injunctions, costs, and other proper relief, including attorney’s fees.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.6. (a) A person is liable for the tort of domestic violence if the plaintiff proves both of the following elements: (1) The infliction of injury upon the plaintiff resulting from abuse, as defined in subdivision (a) of Section 13700 of the Penal Code. (2) The abuse was committed by the defendant, a person having a relationship with the plaintiff as defined in subdivision (b) of Section 13700 of the Penal Code. (b) A person who commits an act of domestic violence upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages pursuant to Section 3294. (c) The court, in an action pursuant to this section, may grant to a prevailing plaintiff equitable relief, an injunction, costs, and any other relief that the court deems proper, including reasonable attorney’s fees. (d) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law. (e) The time for commencement of an action under this section is governed by Section 340.15 of the Code of Civil Procedure. (Added by Stats. 2002, Ch. 193, Sec. 2. Effective January 1, 2003.)
  73. 1708.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section makes a person liable for stalking if the plaintiff proves the required pattern of conduct, harm, and related threat or restraining-order element.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.7. (a) A person is liable for the tort of stalking when the plaintiff proves all of the following elements of the tort: (1) The defendant engaged in a pattern of conduct the intent of which was to follow, alarm, place under surveillance, or harass the plaintiff. In order to establish this element, the plaintiff shall be required to support his or her allegations with independent corroborating evidence. (2) As a result of that pattern of conduct, either of the following occurred: (A) The plaintiff reasonably feared for his or her safety, or the safety of an immediate family member. For purposes of this subparagraph, “immediate family” means a spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any person who regularly resides, or, within the six months preceding any portion of the pattern of conduct, regularly resided, in the plaintiff’s household. (B) The plaintiff suffered substantial emotional distress, and the pattern of conduct would cause a reasonable person to suffer substantial emotional distress. (3) One of the following: (A) The defendant, as a part of the pattern of conduct specified in paragraph (1), made a credible threat with either (i) the intent to place the plaintiff in reasonable fear for his or her safety, or the safety of an immediate family member, or (ii) reckless disregard for the safety of the plaintiff or that of an immediate family member. In addition, the plaintiff must have, on at least one occasion, clearly and definitively demanded that the defendant cease and abate his or her pattern of conduct and the defendant persisted in his or her pattern of conduct unless exigent circumstances make the plaintiff’s communication of the demand impractical or unsafe. (B) The defendant violated a restraining order, including, but not limited to, any order issued pursuant to Section 527.6 of the Code of Civil Procedure, prohibiting any act described in subdivision (a). (b) For the purposes of this section: (1) “Pattern of conduct” means conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “pattern of conduct.” (2) “Credible threat” means a verbal or written threat, including that communicated by means of an electronic communication device, or a threat implied by a pattern of conduct, including, but not limited to, acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, harasses, monitors, surveils, threatens, or interferes with or damages the plaintiff’s property, or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent and apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. (3) “Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code. (4) “Follows” means to move in relative proximity to a person as that person moves from place to place or to remain in relative proximity to a person who is stationary or whose movements are confined to a small area but does not include following the plaintiff within the residence of the defendant. For purposes of the liability created by subdivision (a), “follows” does not include any lawful activity of private investigators licensed pursuant to Article 3 (commencing with Section 7520) of Chapter 11.3 of Division 3 of the Business and Professions Code, or of law enforcement personnel or employees of agencies, either public or private, who, in the course and scope of their employment, encourage or attempt to engage in any conduct or activity to obtain evidence of suspected illegal activity or other misconduct, suspected violation of any administrative rule or regulation, suspected fraudulent conduct, or any suspected activity involving a violation of law or business practice or conduct of a public official that adversely affects public welfare, health, or safety. For purposes of the liability created by subdivision (a), “follows” also does not include any newsgathering conduct connected to a newsworthy event. (5) “Harass” means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, torments, or terrorizes the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person. (6) “Place under surveillance” means remaining present outside of the plaintiff’s school, place of employment, vehicle, residence, other than the residence of the defendant, or other place occupied by the plaintiff. For purposes of the liability created by subdivision (a), “place under surveillance” does not include any lawful activity of private investigators licensed pursuant to Article 3 (commencing with Section 7520) of Chapter 11.3 of Division 3 of the Business and Professions Code, or of law enforcement personnel or employees of agencies, either public or private, who, in the course and scope of their employment, encourage or attempt to engage in any conduct or activity to obtain evidence of suspected illegal activity or other misconduct, suspected violation of any administrative rule or regulation, suspected fraudulent conduct, or any suspected activity involving a violation of law or business practice or conduct of a public official that adversely affects public welfare, health, or safety. For purposes of the liability created by subdivision (a), “place under surveillance” also does not include any newsgathering conduct connected to a newsworthy event. (7) “Substantial emotional distress” shall not be construed to have the same meaning as the “severe emotional distress” requirement for intentional infliction of emotional distress. “Substantial emotional distress” does not require a showing of physical manifestations of emotional distress; rather, it requires the evaluation of the totality of the circumstances to determine whether the defendant reasonably caused the plaintiff substantial fear, anxiety, or emotional torment. (c) A person who commits the tort of stalking upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages pursuant to Section 3294. (d) In an action pursuant to this section, the court may grant equitable relief, including, but not limited to, an injunction. (e) The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law. (f) This section shall not be construed to impair any constitutionally protected activity, including, but not limited to, speech, protest, and assembly. (g) This act is an exercise of the police power of the state for the protection of the health, safety, and welfare of the people of the State of California, and shall be liberally construed to effectuate those purposes. (Amended by Stats. 2014, Ch. 853, Sec. 1. (AB 1356) Effective January 1, 2015.)
  74. 1708.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section makes it unlawful to invade privacy by trespassing or using devices to capture images, sound, or other impressions of a person’s private, personal, or familial activity.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.8. (a) A person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. (b) A person is liable for constructive invasion of privacy when the person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used. (c) An assault or false imprisonment committed with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff is subject to subdivisions (d), (e), and (h). (d) A person who commits any act described in subdivision (a), (b), or (c) is liable for up to three times the amount of any general and special damages that are proximately caused by the violation of this section. This person may also be liable for punitive damages, subject to proof according to Section 3294. If the plaintiff proves that the invasion of privacy was committed for a commercial purpose, the person shall also be subject to disgorgement to the plaintiff of any proceeds or other consideration obtained as a result of the violation of this section. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (e) A person who directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate any provision of subdivision (a), (b), or (c) is liable for any general, special, and consequential damages resulting from each said violation. In addition, the person that directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate this section shall be liable for punitive damages to the extent that an employer would be subject to punitive damages pursuant to subdivision (b) of Section 3294. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000). (f) (1) The transmission, publication, broadcast, sale, offer for sale, or other use of any visual image, sound recording, or other physical impression that was taken or captured in violation of subdivision (a), (b), or (c) shall not constitute a violation of this section unless the person, in the first transaction following the taking or capture of the visual image, sound recording, or other physical impression, publicly transmitted, published, broadcast, sold, or offered for sale the visual image, sound recording, or other physical impression with actual knowledge that it was taken or captured in violation of subdivision (a), (b), or (c), and provided compensation, consideration, or remuneration, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression. (2) For the purposes of paragraph (1), “actual knowledge” means actual awareness, understanding, and recognition, obtained prior to the time at which the person purchased or acquired the visual image, sound recording, or other physical impression, that the visual image, sound recording, or other physical impression was taken or captured in violation of subdivision (a), (b), or (c). The plaintiff shall establish actual knowledge by clear and convincing evidence. (3) Any person that publicly transmits, publishes, broadcasts, sells, or offers for sale, in any form, medium, format, or work, a visual image, sound recording, or other physical impression that was previously publicly transmitted, published, broadcast, sold, or offered for sale by another person, is exempt from liability under this section. (4) If a person’s first public transmission, publication, broadcast, or sale or offer for sale of a visual image, sound recording, or other physical impression that was taken or captured in violation of subdivision (a), (b), or (c) does not constitute a violation of this section, that person’s subsequent public transmission, publication, broadcast, sale, or offer for sale, in any form, medium, format, or work, of the visual image, sound recording, or other physical impression, does not constitute a violation of this section. (5) This section applies only to a visual image, sound recording, or other physical impression that is captured or taken in California in violation of subdivision (a), (b), or (c) after January 1, 2010, and shall not apply to any visual image, sound recording, or other physical impression taken or captured outside of California. (6) Nothing in this subdivision shall be construed to impair or limit a special motion to strike pursuant to Section 425.16, 425.17, or 425.18 of the Code of Civil Procedure. (7) This section shall not be construed to limit all other rights or remedies of the plaintiff in law or equity, including, but not limited to, the publication of private facts. (g) This section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private, who, in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety. (h) In any action pursuant to this section, the court may grant equitable relief, including, but not limited to, an injunction and restraining order against further violations of subdivision (a), (b), or (c). (i) The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law. (j) It is not a defense to a violation of this section that no image, recording, or physical impression was captured or sold. (k) For the purposes of this section, “for a commercial purpose” means any act done with the expectation of a sale, financial gain, or other consideration. A visual image, sound recording, or other physical impression shall not be found to have been, or intended to have been, captured for a commercial purpose unless it is intended to be, or was in fact, sold, published, or transmitted. (l) (1) For the purposes of this section, “private, personal, and familial activity” includes, but is not limited to: (A) Intimate details of the plaintiff’s personal life under circumstances in which the plaintiff has a reasonable expectation of privacy. (B) Interaction with the plaintiff’s family or significant others under circumstances in which the plaintiff has a reasonable expectation of privacy. (C) If and only after the person has been convicted of violating Section 626.8 of the Penal Code, any activity that occurs when minors are present at any location set forth in subdivision (a) of Section 626.8 of the Penal Code. (D) Any activity that occurs on a residential property under circumstances in which the plaintiff has a reasonable expectation of privacy. (E) Other aspects of the plaintiff’s private affairs or concerns under circumstances in which the plaintiff has a reasonable expectation of privacy. (2) “Private, personal, and familial activity” does not include illegal or otherwise criminal activity as delineated in subdivision (g). However, “private, personal, and familial activity” shall include the activities of victims of crime in circumstances under which subdivision (a), (b), or (c) would apply. (m) (1) A proceeding to recover the civil fines specified in subdivision (d) or (e) may be brought in any court of competent jurisdiction by a county counsel or city attorney. (2) Fines collected pursuant to this subdivision shall be allocated, as follows: (A) One-half shall be allocated to the prosecuting agency. (B) One-half shall be deposited in the Arts and Entertainment Fund, which is hereby created in the State Treasury. (3) Funds in the Arts and Entertainment Fund created pursuant to paragraph (2) may be expended by the California Arts Council, upon appropriation by the Legislature, to issue grants pursuant to the Dixon-Zenovich-Maddy California Arts Act of 1975 (Chapter 9 (commencing with Section 8750) of Division 1 of Title 2 of the Government Code). (4) The rights and remedies provided in this subdivision are cumulative and in addition to any other rights and remedies provided by law. (n) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2015, Ch. 521, Sec. 1. (AB 856) Effective January 1, 2016.)
  75. 1708.85.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section lets a person sue someone who intentionally distributes private intimate or sexual images without consent, subject to listed exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.85. (a) A private cause of action lies against a person who intentionally distributes by any means a photograph, film, videotape, recording, or any other reproduction of another, without the other’s consent, if (1) the person knew, or reasonably should have known, that the other person had a reasonable expectation that the material would remain private, (2) the distributed material exposes an intimate body part of the other person, or shows the other person engaging in an act of intercourse, oral copulation, sodomy, or other act of sexual penetration, and (3) the other person suffers general or special damages as described in Section 48a. (b) As used in this section, “intimate body part” means any portion of the genitals, and, in the case of a female, also includes any portion of the breast below the top of the areola, that is uncovered or visible through less than fully opaque clothing. (c) There shall be no liability on the part of the person distributing material under subdivision (a) under any of the following circumstances: (1) The distributed material was created under an agreement by the person appearing in the material for its public use and distribution or otherwise intended by that person for public use and distribution. (2) The person possessing or viewing the distributed material has permission from the person appearing in the material to publish by any means or post the material on an internet website. (3) The person appearing in the material waived any reasonable expectation of privacy in the distributed material by making it accessible to the general public. (4) The distributed material constitutes a matter of public concern. (5) The distributed material was photographed, filmed, videotaped, recorded, or otherwise reproduced in a public place and under circumstances in which the person depicted had no reasonable expectation of privacy. (6) The distributed material was previously distributed by another person, unless the plaintiff served on the defendant, by certified mail, a notice to cease distribution of the material, and the defendant failed to cease distribution within 20 days of receiving the notice. (d) In addition to any other relief available at law, the court may order equitable relief against the person violating subdivision (a), including a temporary restraining order, or a preliminary injunction or a permanent injunction ordering the defendant to cease distribution of material. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym as provided in subdivision (f). (e) The court may also grant, after holding a properly noticed hearing, reasonable attorney’s fees and costs to the prevailing plaintiff. (f) (1) A plaintiff in a civil proceeding pursuant to subdivision (a), may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential. (2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply: (A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. (B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision. (ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential. (C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation. (3) The following definitions apply to this subdivision: (A) “Identifying characteristics” means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiff’s identity can be discerned. (B) “Online identifiers” means any personally identifying information or signifiers that would tie an individual to a particular electronic service, device, or Internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses. (4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision. (5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows: (A) To a party to the action, including a party’s attorney. (B) To a person by order of the court on a showing of good cause for access. (C) To any person 60 days after judgment is entered unless the court grants a plaintiff’s motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court. (g) In an action pursuant to this section, the plaintiff shall state in the caption of the complaint “ACTION BASED ON CIVIL CODE SECTION 1708.85.” (h) Nothing in this section shall be construed to alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code. Nothing in this section shall be construed to limit or preclude a plaintiff from securing or recovering any other available remedy. (i) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (j) The Judicial Council shall, on or before January 1, 2019, adopt or revise as appropriate rules and forms in order to implement subdivision (f). (Amended by Stats. 2021, Ch. 518, Sec. 1. (AB 514) Effective January 1, 2022.)
  76. 1708.86.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.86. (a) For purposes of this section: (1) “Authorized representative” means an attorney, talent agent, or personal manager authorized to represent a depicted individual if the depicted individual is represented. (2) (A) “Consent” means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated. (B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it. (ii) The depicted individual’s authorized representative provides written approval of the signed agreement. (3) “Deepfake pornography service” means an internet website, mobile application, or other service the primary purpose of which is to create digitized sexually explicit material. (4) “Depicted individual” means an individual who is portrayed in sexually explicit material. (5) “Despicable conduct” means conduct that is so vile, base, or contemptible that it would be looked down on and despised by a reasonable person. (6) “Digitization” means a process by which any of the following are realistically depicted: (A) The nude body parts of another human being as the nude body parts of the depicted individual. (B) Computer-generated nude body parts as the nude body parts of the depicted individual. (C) The depicted individual engaging in sexual conduct in which the depicted individual did not engage. (7) “Digitized sexually explicit material” means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct. (8) “Disclose” means to publish, make available, or distribute to the public. (9) “Individual” means a natural person. (10) (A) “Malice” means an intent to cause harm to the depicted individual or to engage in despicable conduct with a willful and knowing disregard of the rights of the depicted individual. (B) A person acts with knowing disregard within the meaning of this paragraph when the person is aware of the probable harmful consequences of their conduct and deliberately fails to avoid those consequences. (11) “Nude” means visible genitals, pubic area, anus, or a female’s postpubescent nipple or areola. (12) “Person” means a natural person or legal entity. (13) “Plaintiff” includes cross-plaintiff. (14) “Public prosecutor” means the Attorney General, a city attorney, county counsel, district attorney, or any other city or county prosecutor. (15) “Sexual conduct” means any of the following: (A) Masturbation. (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals. (C) Sexual penetration of the vagina or rectum by, or with, an object. (D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation. (E) Sadomasochistic abuse involving the depicted individual. (b) A depicted individual has a cause of action against a person who does any of the following: (1) Creates and intentionally discloses digitized sexually explicit material portraying the depicted individual, and the person knows, or reasonably should know, that the depicted individual in that material did not consent to its creation or disclosure or was a minor when the material was created. (2) Intentionally discloses digitized sexually explicit material portraying the depicted individual that the person did not create, and the person knows, or reasonably should know, that the depicted individual in that material did not consent to the creation of the digitized sexually explicit material or was a minor when the material was created. (3) Knowingly facilitates or recklessly aids or abets conduct prohibited by paragraph (1) or (2). (c) For purposes of this section, both of the following apply: (1) A person that owns, operates, or controls a deepfake pornography service is engaged in the creation and intentional disclosure of digitized sexually explicit material and shall be presumed to have known that the depicted individual did not consent to the creation or disclosure of the digitized sexually explicit material, unless the person produces evidence of the depicted individual’s express written consent. (2) A person that provides a service that enables the ongoing operation of a deepfake pornography service shall be presumed to be in violation of paragraph (3) of subdivision (b) if both of the following are true: (A) (i) A depicted individual or public prosecutor provides the person with evidence sufficient to demonstrate that the person is providing services that enable the ongoing operation of a deepfake pornography service that engages in conduct that violates this section. (ii) Evidence described in clause (i) shall be submitted through a customer service email or other designated process provided by the person or entity if the customer service email or other designated process is prominently displayed on the person’s or entity’s internet website and shall contain all of the following information: (I) The name of the deepfake pornography service that the person or entity is providing services to that enable its ongoing operation. (II) A general description of the services the person or entity is providing that enable the ongoing operation of the deepfake pornography service. (III) Contact information of the depicted individual or public prosecutor providing the evidence. This information shall be used by the person or entity only to seek additional information regarding the report that is necessary to take the steps required by subparagraph (B). (B) (i) Subject to clause (ii), the person fails to take all necessary steps to stop providing services that enable the ongoing operation of a deepfake pornography service within 30 days of receiving the evidence described in subparagraph (A). (ii) The 30-day time parameter in clause (i) may be extended by a court if the court finds that additional time is needed to conduct an ongoing law enforcement investigation or operation. (d) (1) A person is not liable under this section in either of the following circumstances: (A) The person discloses the digitized sexually explicit material in the course of any of the following: (i) Reporting unlawful activity. (ii) Exercising the person’s law enforcement duties. (iii) Hearings, trials, or other legal proceedings. (B) The material is any of the following: (i) A matter of legitimate public concern. (ii) A work of political or newsworthy value or similar work. (iii) Commentary, criticism, or disclosure that is otherwise protected by the California Constitution or the United States Constitution. (2) For purposes of this subdivision, digitized sexually explicit material is not of newsworthy value solely because the depicted individual is a public figure. (e) (1) It shall not be a defense to an action under this section that there is a disclaimer included in the digitized sexually explicit material that communicates that the depicted individual did not participate in or authorize the creation or development of the material. (2) It shall not be a defense to an action under this section that a deepfake pornography service has a disclaimer or statement that states that users are prohibited from generating digitized sexually explicit material of a depicted individual without the individual’s consent. (f) (1) A prevailing plaintiff who is a depicted individual who suffers harm as a result of a violation of this section may recover any of the following: (A) An amount equal to the monetary gain made by the defendant from the creation and disclosure of the digitized sexually explicit material. (B) One of the following: (i) Economic and noneconomic damages proximately caused by the disclosure of the digitized sexually explicit material, including damages for emotional distress. (ii) Upon request of the plaintiff at any time before the final judgment is rendered, the plaintiff may instead recover an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, as follows: (I) A sum of not less than one thousand five hundred dollars ($1,500) but not more than fifty thousand dollars ($50,000). (II) If the unlawful act was committed with malice, the award of statutory damages may be increased to a maximum of two hundred fifty thousand dollars ($250,000). (C) Punitive damages. (D) Reasonable attorney’s fees and costs. (E) Any other available relief, including injunctive relief. (2) A public prosecutor may bring a civil action to enforce this section. (A) In an action brought under this paragraph, the public prosecutor shall not be required to prove that a depicted individual suffered actual harm. (B) A prevailing public prosecutor under this paragraph is entitled to all of the following: (i) Injunctive and other equitable relief. (ii) A civil penalty of twenty-five thousand dollars ($25,000) per violation. (iii) For a violation committed with malice, a civil penalty of fifty thousand dollars ($50,000) per violation. (iv) Reasonable attorney’s fees. (v) Any other relief the court deems appropriate. (3) The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law. (g) An action under this section shall be commenced no later than three years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence. (h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions. (i) This section does not apply to conduct that is protected by federal law, including Section 230 of Title 47 of the United States Code. (j) (1) This section shall not be construed to require an internet service provider to engage in any activity that would violate Title 15 (commencing with Section 3100) of Part 4 of Division 3. An internet service provider shall not be held liable under this section for the mere transmission, routing, or provision of access to third-party content over its network. (2) As used in this subdivision, “internet service provider” has the same meaning as that term is defined in Section 3100. (Amended by Stats. 2025, Ch. 673, Sec. 1. (AB 621) Effective January 1, 2026.)
  77. 1708.88.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person 18 or older may face a private lawsuit for knowingly sending an unsolicited electronic image depicting obscene material.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.88. (a) A private cause of action lies against a person 18 years of age or older who knowingly sends an image, that the person knows or reasonably should know is unsolicited, by electronic means, depicting obscene material. (b) For purposes of this section, the following terms have the following meanings: (1) An “image” includes, but is not limited to, a moving visual image. (2) “Obscene material” means material, including, but not limited to, images depicting a person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation, or depicting the exposed genitals or anus of any person, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. (3) An image is “unsolicited” if the recipient has not consented to or has expressly forbidden the receipt of the image. (c) (1) A prevailing plaintiff who suffers harm as a result of receiving an image in violation of subdivision (a) may recover economic and noneconomic damages proximately caused by the receipt of the image, including damages for emotional distress. (2) A prevailing plaintiff who suffers harm as a result of receiving an image, the receipt of which had been expressly forbidden by the plaintiff, in violation of subdivision (a), may recover the following: (A) Economic and noneconomic damages proximately caused by the receipt of the image, including damages for emotional distress. (B) Upon request of the plaintiff at any time before the final judgment is rendered, the plaintiff may, in lieu of those damages specified in subparagraph (A), recover an award of statutory damages of a sum of not less than one thousand five hundred dollars ($1,500) but not more than thirty thousand dollars ($30,000). (C) Punitive damages. (3) A prevailing plaintiff described in paragraph (1) or (2) may recover the following: (A) Reasonable attorney’s fees and costs. (B) Any other available relief, including injunctive relief. (4) The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law. (d) This section does not apply to any of the following: (1) An internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that the entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another person. (2) Any service that transmits images or audiovisual works, including, without limitation, an on-demand, subscription, or advertising-supported service. (3) A health care provider transmitting an image for a legitimate medical purpose. (4) An individual who has not expressly opted-out of receiving sexually explicit images on the service in which the image is transmitted, where such an option is available. (Added by Stats. 2022, Ch. 504, Sec. 1. (SB 53) Effective January 1, 2023.)
  78. 1708.89.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section creates a civil cause of action for doxing, allows damages and injunctive relief, and lets a plaintiff use a pseudonym in the case.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.89. (a) For purposes of this section, the following terms apply: (1) “Doxes” means an act when a person, with intent to place another person in reasonable fear for their safety, or the safety of the other person’s immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, emails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action. (2) “Electronic communication” has the same meaning as the term is defined in paragraph (12) of Section 2510 of Title 18 of the United States Code. (3) “Electronic communication device” includes, but is not limited to, telephones, cell phones, computers, internet web pages or websites, internet phones, hybrid cellular/wireless devices, personal digital assistants, video recorders, fax machines, or pagers. (4) “Harassment” means a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing the person and that serves no legitimate purpose. (5) “Identifying characteristics” means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiff’s identity can be discerned. (6) “Of a harassing nature” means of a nature that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing of the person and that serves no legitimate purpose. (7) “Online identifiers” means any personally identifying information or signifiers that would tie an individual to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses. (b) A private cause of action lies against a person who doxes another person. (c) A prevailing plaintiff who suffers harm as a result of being doxed in violation of subdivision (b) may recover any of the following: (1) Economic and noneconomic damages proximately caused by being doxed, including, but not limited to, damages for physical harm, emotional distress, or property damage. (2) Statutory damages of a sum of not less than one thousand five hundred dollars ($1,500) but not more than thirty thousand dollars ($30,000). (3) Punitive damages. (4) Upon the court holding a properly noticed hearing, reasonable attorney’s fees and costs to the prevailing plaintiff. (d) In addition to any other relief available at law, the court may order equitable relief against the person violating subdivision (b), including a temporary restraining order, or a preliminary injunction or a permanent injunction ordering the defendant to cease doxing activities. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym as provided in subdivision (e). (e) (1) A plaintiff in a civil proceeding pursuant to subdivision (b) may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential. (2) In cases where a plaintiff proceeds using a pseudonym under this section, the following applies: (A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. (B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision. (ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential. (C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation. (3) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court shall be the responsibility of the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision. (4) Upon request of the plaintiff, the court shall limit access to the court records in an action filed under this section to the following individuals: (A) A party to the action, including a party’s attorney. (B) A person by order of the court on a showing of good cause for access. (C) A person 60 days after judgment is entered unless the court grants a plaintiff’s motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court. (f) In an action pursuant to this section, the plaintiff shall state in the caption of the complaint “ACTION BASED ON CIVIL CODE SECTION 1708.89.” (g) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code. This section does not limit or preclude a plaintiff from securing or recovering any other available remedy. (h) On or before January 1, 2026, the Judicial Council shall adopt or revise as appropriate rules and forms to implement subdivision (e). (i) This section shall not apply against a person who solely does either of the following: (1) Provide a person’s personal identifying information or sensitive personal information in connection with the reporting of criminal activity to an employee of a law enforcement agency or with any lawfully authorized investigative, protective, or intelligence activity of any law enforcement agency or of an intelligence agency of the United States and the person making the report reasonably believes it is true. (2) Disseminate the personally identifiable information for the purpose of, or in connection with, the reporting of conduct reasonably believed to be unlawful. (j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2024, Ch. 557, Sec. 2. (AB 1979) Effective January 1, 2025.)
  79. 1708.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section makes it unlawful for most people to intentionally injure, intimidate, interfere with, or try to injure, intimidate, or interfere with people entering or leaving a facility, including through force, threats, or physical obstruction.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1708.9. (a) It is unlawful for any person, except a parent or guardian acting toward his or her minor child, to commit any of the following acts: (1) By force, threat of force, or physical obstruction that is a crime of violence, to intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with, any person attempting to enter or exit a facility. (2) By nonviolent physical obstruction, to intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with, any person attempting to enter or exit a facility. (b) For purposes of this section: (1) “Facility” means any public or private school grounds, as described in subdivision (a) of Section 626.8 of the Penal Code, or any health facility, as described in Section 1250 of the Health and Safety Code. (2) To “interfere” means to restrict a person’s freedom of movement. (3) To “intimidate” means to place a person in reasonable apprehension of bodily harm to himself, herself, or another person. (4) “Nonviolent” means conduct that would not constitute a crime of violence. (5) “Physical obstruction” means rendering ingress to or egress from a facility impassable to another person, or rendering passage to or from a facility unreasonably difficult or hazardous to another person. (c) A person aggrieved by a violation of subdivision (a) may bring a civil action to enjoin the violation, for compensatory and punitive damages, for injunctive relief, and for the cost of suit and reasonable attorney’s and expert witness’ fees. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of a final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of five thousand dollars ($5,000) per violation of paragraph (1) of subdivision (a), and one thousand dollars ($1,000) per violation of paragraph (2) of subdivision (a). (d) The Attorney General, a district attorney, or a city attorney may bring a civil action to enjoin a violation of subdivision (a), for compensatory damages to persons or entities aggrieved by the violation, and for the imposition of a civil penalty against each respondent. The civil penalty for a violation of paragraph (1) of subdivision (a) shall not exceed fifteen thousand dollars ($15,000), or twenty-five thousand dollars ($25,000) for a second or subsequent violation. The civil penalty for a violation of paragraph (2) of subdivision (a) shall not exceed five thousand dollars ($5,000), or twenty-five thousand dollars ($25,000) for a second or subsequent violation. (e) This section shall not be construed to impair the right to engage in any constitutionally protected activity, including, but not limited to, speech, protest, or assembly. (f) The adoption of the act that added this section is an exercise of the police power of the state for purposes of protecting the health, safety, and welfare of the people of California, and this section shall be liberally construed to effectuate that purpose. (g) This section shall not be construed to restrict, inhibit, prevent, or bring a chilling effect upon any actions by a person that are reasonable under the circumstances to protect, secure, provide safety to, or prevent illness in any child or adult in a facility. (Added by Stats. 2014, Ch. 852, Sec. 2. (AB 1256) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.)
  80. 1709.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person who willfully deceives another, intending to make them change their position to their injury or risk, is liable for the resulting damage.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1709. One who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers. (Enacted 1872.)
  81. 1710.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section defines when conduct counts as a deceit.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1710. A deceit, within the meaning of the last section, is either: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; 3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or, 4. A promise, made without any intention of performing it. (Enacted 1872.)
  82. 1710.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person who, with intent to defraud, sells or disposes of certain listed goods with removed or altered identifying marks can be civilly liable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1710.1. Any person who, with intent to defraud, sells or disposes of a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watchcase, or any other mechanical or electrical device, appliance, contrivance, material, piece of apparatus or equipment, from which the manufacturer’s nameplate, serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed, is civilly liable to the manufacturer in the sum of five hundred dollars ($500) per transaction and civilly liable to the purchaser for treble the actual damages sustained by the purchaser. This section does not apply to those cases or instances where any of the changes or alterations enumerated in this section have been customarily made or done as an established practice in the ordinary and regular conduct of business by the original manufacturer or his duly appointed direct representative or under specific authorization from the original manufacturer. (Added by Stats. 1971, Ch. 1713.)
  83. 1710.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section says certain real estate sellers and agents do not have to disclose some death- or HIV-related facts about the property, with stated exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1710.2. (a) (1) Subject to subdivision (d), an owner of real property or his or her agent, or any agent of a transferee of real property, is not required to disclose either of the following to the transferee, as these are not material facts that require disclosure: (A) The occurrence of an occupant’s death upon the real property or the manner of death where the death has occurred more than three years prior to the date the transferee offers to purchase, lease, or rent the real property. (B) That an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications. (2) As used in this section: (A) “Agent” includes any person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code. (B) “Transferee” includes a purchaser, lessee, or renter of real property. (3) No cause of action shall arise against an owner or his or her agent or any agent of a transferee for not disclosing facts pursuant to paragraph (1). (b) It is the intent of the Legislature to occupy the field of regulation of disclosure related to either of the following: (1) Deaths occurring upon real property. (2) The HIV-positive status of a prior occupant in situations affecting the transfer of real property or any estate or interest in real property. (c) This section shall not be construed to alter the law relating to disclosure pertaining to any other physical or mental condition or disease, and this section shall not relieve any owner or agent of any obligation to disclose the physical condition of the premises. (d) This section shall not be construed to immunize an owner or his or her agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning deaths on the real property. (Amended by Stats. 2016, Ch. 548, Sec. 1. (AB 73) Effective September 24, 2016.)
  84. 1711.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person who deceives others with intent to defraud the public or a class of people is treated as intending to defraud each person in that class who was actually misled.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1711. One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit. (Enacted 1872.)
  85. 1712.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person who gets a thing without the owner’s consent, after a consent is withdrawn, or through an unlawful exaction must return it to the person it came from, unless a superior title was acquired or the deal was corrupt and unlawful on both sides.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1712. One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides. (Enacted 1872.)
  86. 1713.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    If a thing was obtained by mutual mistake, the person who obtained it does not have to return it until notice of the mistake.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1713. The restoration required by the last section must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake. (Enacted 1872.)
  87. 1714.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Everyone is responsible for harm caused by their willful acts or lack of ordinary care, with limited exceptions. Social hosts generally are not liable for damages from alcoholic beverages they furnish, but there is an exception for certain adults who knowingly give alcohol at home to someone under 21.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714. (a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief. (b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person. (c) Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages. (d) (1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death. (2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age. (Amended by Stats. 2011, Ch. 410, Sec. 1. (AB 1407) Effective January 1, 2012.)
  88. 1714.01.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Domestic partners may recover damages for negligent infliction of emotional distress on the same terms as spouses under California law.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.01. (a) Domestic partners shall be entitled to recover damages for negligent infliction of emotional distress to the same extent that spouses are entitled to do so under California law. (b) For the purpose of this section, “domestic partners” has the meaning provided in Section 297 of the Family Code. (Added by Stats. 2001, Ch. 893, Sec. 1. Effective January 1, 2002.)
  89. 1714.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A parent or guardian with custody and control can be jointly liable for a minor’s willful misconduct, subject to stated dollar caps and adjustment by the Judicial Council.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.1. (a) Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct. Subject to the provisions of subdivision (c), the joint and several liability of the parent or guardian having custody and control of a minor under this subdivision shall not exceed twenty-five thousand dollars ($25,000) for each tort of the minor, and in the case of injury to a person, imputed liability shall be further limited to medical, dental and hospital expenses incurred by the injured person, not to exceed twenty-five thousand dollars ($25,000). The liability imposed by this section is in addition to any liability now imposed by law. (b) Any act of willful misconduct of a minor that results in the defacement of property of another with paint or a similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs, and attorney’s fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed twenty-five thousand dollars ($25,000), except as provided in subdivision (c), for each tort of the minor. (c) The amounts listed in subdivisions (a) and (b) shall be adjusted every two years by the Judicial Council to reflect any increases in the cost of living in California, as indicated by the annual average of the California Consumer Price Index. The Judicial Council shall round this adjusted amount up or down to the nearest hundred dollars. On or before July 1 of each odd-numbered year, the Judicial Council shall compute and publish the amounts listed in subdivisions (a) and (b), as adjusted according to this subdivision. (d) The maximum liability imposed by this section is the maximum liability authorized under this section at the time that the act of willful misconduct by a minor was committed. (e) Nothing in this section shall impose liability on an insurer for a loss caused by the willful act of the insured for purposes of Section 533 of the Insurance Code. An insurer shall not be liable for the conduct imputed to a parent or guardian by this section for any amount in excess of ten thousand dollars ($10,000). (Amended by Stats. 2007, Ch. 738, Sec. 2. Effective January 1, 2008.)
  90. 1714.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person generally may not file a civil conspiracy claim against an attorney for actions tied to representing a client unless the court first allows it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.10. (a) No cause of action against an attorney for a civil conspiracy with his or her client arising from any attempt to contest or compromise a claim or dispute, and which is based upon the attorney’s representation of the client, shall be included in a complaint or other pleading unless the court enters an order allowing the pleading that includes the claim for civil conspiracy to be filed after the court determines that the party seeking to file the pleading has established that there is a reasonable probability that the party will prevail in the action. The court may allow the filing of a pleading claiming liability based upon such a civil conspiracy following the filing of a verified petition therefor accompanied by the proposed pleading and supporting affidavits stating the facts upon which the liability is based. The court shall order service of the petition upon the party against whom the action is proposed to be filed and permit that party to submit opposing affidavits prior to making its determination. The filing of the petition, proposed pleading, and accompanying affidavits shall toll the running of any applicable statute of limitations until the final determination of the matter, which ruling, if favorable to the petitioning party, shall permit the proposed pleading to be filed. (b) Failure to obtain a court order where required by subdivision (a) shall be a defense to any action for civil conspiracy filed in violation thereof. The defense shall be raised by the attorney charged with civil conspiracy upon that attorney’s first appearance by demurrer, motion to strike, or such other motion or application as may be appropriate. Failure to timely raise the defense shall constitute a waiver thereof. (c) This section shall not apply to a cause of action against an attorney for a civil conspiracy with his or her client, where (1) the attorney has an independent legal duty to the plaintiff, or (2) the attorney’s acts go beyond the performance of a professional duty to serve the client and involve a conspiracy to violate a legal duty in furtherance of the attorney’s financial gain. (d) This section establishes a special proceeding of a civil nature. Any order made under subdivision (a), (b), or (c) which determines the rights of a petitioner or an attorney against whom a pleading has been or is proposed to be filed, shall be appealable as a final judgment in a civil action. (e) Subdivision (d) does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 2000, Ch. 472, Sec. 2. Effective January 1, 2001.)
  91. 1714.11.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A donor of fire protection equipment must disclose any known damage or deficiencies in writing, and the receiving volunteer fire department or company must inspect and repair the equipment before using it for public safety purposes. The donor is generally shielded from liability, except for gross negligence or willful or wanton misconduct.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.11. (a) Except for damage or injury proximately caused by a grossly negligent act or omission or willful or wanton misconduct of the donor, no public employee or public entity, including, but not limited to, a fire department, a fire protection district, or the Department of Forestry and Fire Protection, that donates fire protection apparatus or equipment to a volunteer fire department, volunteer fire protection district, or volunteer fire company is liable for any damage or injury that results from the use of that apparatus or equipment by the recipient fire department, fire protection district, or fire company. (b) (1) The immunity provided by this section only shall apply if the donor of the fire protection apparatus or equipment discloses in writing to the recipient fire department, fire protection district, or fire company any known damage to, or deficiencies in, the apparatus and equipment. (2) A volunteer fire department, volunteer fire protection district, or volunteer fire company that receives donated fire protection apparatus or equipment shall inspect and repair the apparatus and equipment prior to use for public safety purposes. (Added by Stats. 2002, Ch. 388, Sec. 1. Effective January 1, 2003.)
  92. 1714.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    People who give CPR in good faith after completing approved training are generally not liable for civil damages, except in cases like gross negligence or expected compensation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.2. (a) In order to encourage citizens to participate in emergency medical services training programs and to render emergency medical services to fellow citizens, no person who has completed a basic cardiopulmonary resuscitation course which complies with the standards adopted by the American Heart Association or the American Red Cross for cardiopulmonary resuscitation and emergency cardiac care, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care. (b) This section shall not be construed to grant immunity from civil damages to any person whose conduct in rendering such emergency care constitutes gross negligence. (c) In order to encourage local agencies and other organizations to train citizens in cardiopulmonary resuscitation techniques, no local agency, entity of state or local government, or other public or private organization which sponsors, authorizes, supports, finances, or supervises the training of citizens in cardiopulmonary resuscitation shall be liable for any civil damages alleged to result from such training programs. (d) In order to encourage qualified individuals to instruct citizens in cardiopulmonary resuscitation, no person who is certified to instruct in cardiopulmonary resuscitation by either the American Heart Association or the American Red Cross shall be liable for any civil damages alleged to result from the acts or omissions of an individual who received instruction on cardiopulmonary resuscitation by that certified instructor. (e) This section shall not be construed to grant immunity from civil damages to any person who renders such emergency care to an individual with the expectation of receiving compensation from the individual for providing the emergency care. (Added by Stats. 1977, Ch. 595.)
  93. 1714.21.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section defines AED and CPR, and limits civil liability for certain people who use or train others to use an AED in emergency care, with exceptions for gross negligence or willful misconduct.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.21. (a) For purposes of this section, the following definitions shall apply: (1) “AED” or “defibrillator” means an automated external defibrillator. (2) “CPR” means cardiopulmonary resuscitation. (b) Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care. (c) A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care. (d) (1) A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code. (2) A physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED pursuant to Section 1797.196 of the Health and Safety Code is not liable for civil damages resulting from acts or omissions in the rendering of emergency care by use of that AED. (e) The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. (f) This section does not relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law. (Amended by Stats. 2015, Ch. 264, Sec. 1. (SB 658) Effective January 1, 2016.)
  94. 1714.22.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Licensed health care providers may prescribe, dispense, distribute, and issue standing orders for opioid antagonists, and certain overdose-risk persons or helpers may possess and pass them on. The section also limits professional review, criminal prosecution, and some civil liability for covered conduct, with a gross-negligence/willful-misconduct exception.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.22. (a) For purposes of this section, the following definitions apply: (1) “Opioid antagonist” means naloxone hydrochloride or any other opioid antagonist that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose. (2) “Opioid overdose prevention and treatment training program” means any program operated by a local health jurisdiction or that is registered by a local health jurisdiction to train individuals to prevent, recognize, and respond to an opiate overdose, and that provides, at a minimum, training in all of the following: (A) The causes of an opiate overdose. (B) Basic life support. (C) How to contact appropriate emergency medical services. (D) How to administer an opioid antagonist. (b) A licensed health care provider who is authorized by law to prescribe an opioid antagonist may, if acting with reasonable care, prescribe and subsequently dispense or distribute an opioid antagonist to a person at risk of an overdose or to a family member, friend, or other person in a position to assist a person at risk of an overdose. (c) (1) A licensed health care provider who is authorized by law to prescribe an opioid antagonist may issue standing orders for the distribution of an opioid antagonist to a person at risk of an overdose or to a family member, friend, or other person in a position to assist a person at risk of an overdose. (2) A licensed health care provider who is authorized by law to prescribe an opioid antagonist may issue standing orders for the administration of an opioid antagonist to a person at risk of an overdose by a family member, friend, or other person in a position to assist a person experiencing or reasonably suspected of experiencing an overdose. (3) A person who is at risk of an overdose or any person in a position to assist a person at risk of an overdose may possess an opioid antagonist and subsequently dispense or distribute an opioid antagonist to a person at risk of an overdose or to any other person in a position to assist a person at risk of an overdose. (d) A licensed health care provider who acts with reasonable care shall not be subject to professional review or subject to criminal prosecution for issuing a prescription or order or for possessing, administering, or distributing an opioid antagonist pursuant to subdivision (b) or (c), or for liability in a civil action for any injuries or damages relating to or resulting from the acts or omissions of any person who administers the opioid antagonist in good faith and not for compensation pursuant to this section. (e) (1) Notwithstanding any other law, a person who possesses or distributes an opioid antagonist for the purposes specified in subdivision (b) or (c) shall not be subject to professional review or be subject to criminal prosecution for their possession or distribution. (2) Consistent with Section 1799.102 of the Health and Safety Code, any person who administers an opioid antagonist, in good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an overdose is not liable for civil damages resulting from any act or omission relating to such administration, other than an act or omission constituting gross negligence or willful or wanton misconduct. (Amended by Stats. 2025, Ch. 569, Sec. 1. (AB 1037) Effective January 1, 2026.)
  95. 1714.23.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section defines “anaphylaxis” and “epinephrine auto-injector,” and gives civil-liability protections for certain emergency use of an epinephrine auto-injector, with exceptions for gross negligence and similar misconduct.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.23. (a) For purposes of this section, the following definitions shall apply: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity or allergic reaction to a substance. (A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. (B) Causes of anaphylaxis may include, but are not limited to, insect stings or bites, foods, drugs, and other allergens, as well as idiopathic or exercise-induced anaphylaxis. (2) “Epinephrine auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of epinephrine into the human body to prevent or treat a life-threatening allergic reaction. (b) (1) Any person described in subdivision (b) of Section 1797.197a of the Health and Safety Code who administers an epinephrine auto-injector, in good faith and not for compensation, to another person who appears to be experiencing anaphylaxis at the scene of an emergency situation is not liable for any civil damages resulting from his or her acts or omissions in administering the epinephrine auto-injector, if that person has complied with the requirements and standards of Section 1797.197a of the Health and Safety Code. (2) (A) An authorized entity shall not be liable for any civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct connected to the administration of an epinephrine auto-injector by any one of its employees, volunteers, or agents who is a lay rescuer, as defined by paragraph (4) of subdivision (a) of Section 1797.197a of the Health and Safety Code, if the entity has complied with all applicable requirements of Section 1797.197a of the Health and Safety Code. (B) The failure of an authorized entity to possess or administer an epinephrine auto-injector shall not result in civil liability. (3) This subdivision does not affect any other immunity or defense that is available under law. (c) The protection specified in paragraph (1) of subdivision (b) shall not apply in a case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care treatment by the use of an epinephrine auto-injector. (d) Nothing in this section relieves a manufacturer, designer, developer, distributor, or supplier of an epinephrine auto-injector of liability under any other applicable law. (e) An authorizing physician and surgeon is not subject to professional review, liable in a civil action, or subject to criminal prosecution for the issuance of a prescription or order in accordance with Section 1797.197a of the Health and Safety Code unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. (Amended by Stats. 2016, Ch. 374, Sec. 2. (AB 1386) Effective January 1, 2017.)
  96. 1714.24.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section defines key terms for secure drug take-back bins and gives collectors limited liability protection if they meet listed safety and notice steps.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.24. (a) For purposes of this section, the following definitions shall apply: (1) “Collector” includes only those entities authorized by and registered with the federal Drug Enforcement Administration to receive a controlled substance for the purpose of destruction, if the entity is in good standing with any applicable licensing authority. (2) “Compensation” means reimbursement or funds received from a customer to compensate for the cost incurred in obtaining, installing, or maintaining a secure drug take-back bin. “Compensation” does not include reimbursement or funds received from any other person or entity, other than a customer, to compensate for the costs incurred in obtaining, installing, or maintaining a secure drug take-back bin. (3) “Home-generated pharmaceutical waste” means a pharmaceutical that is no longer wanted or needed by the consumer and includes any delivery system, such as pills, liquids, and inhalers. (4) “Maintains” includes owning, leasing, operating, or otherwise hosting a secure drug take-back bin on the collector’s premises. (5) “Pharmaceutical” means a prescription or over-the-counter human or veterinary drug, including, but not limited to, a drug as defined in Section 109925 of the Health and Safety Code and Section 321(g)(1) of Title 21 of the United States Code. “Pharmaceutical” includes controlled substances included in Schedule II, III, IV, or V of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), but does not include a controlled substance included in Schedule I. (6) “Secure drug take-back bin” means a collection receptacle as described in Section 1317.75 of Title 21 of the Code of Federal Regulations. (b) Any collector that maintains a secure drug take-back bin shall not be liable in a civil action, or be subject to criminal prosecution, for any injury or harm that results from the collector maintaining a secure drug take-back bin on its premises provided that the collector, not for compensation, acts in good faith to take all of the following steps to ensure the health and safety of consumers and employees and the proper disposal in the waste stream of the home-generated pharmaceutical waste contained in a secure drug take-back bin, unless the injury or harm results from the collector’s gross negligence or willful and wanton misconduct: (1) Complies with all applicable state and federal laws and regulations relating to the collection of home-generated pharmaceutical waste for disposal in secure drug take-back bins, including, but not limited to, the federal Secure and Responsible Drug Disposal Act of 2010 (Public Law 111-273). (2) Notifies local law enforcement and any local environmental health department as to the existence and location of any secure drug take-back bin on the collector’s premises and the status of the collector’s registration as a collector with the federal Drug Enforcement Administration. (3) Ensures that the secure drug take-back bin is placed in a location that is regularly monitored by employees of the registered collector. (4) Ensures that conspicuous signage is posted on the secure drug take-back bin that clearly notifies customers as to what controlled and noncontrolled substances are and are not acceptable for deposit into the bin, as well as the hours during which collection is allowed. (5) Ensures that public access to the secure drug take-back bin is limited to hours in which employees of the registered collector are present and able to monitor the operation of the secure drug take-back bin. (6) Regularly inspects the area surrounding the secure drug take-back bin for potential tampering or diversion. Record logs of those inspections shall be maintained and retained for two years, reflecting the date and time of the inspection, and the initials of the employee inspecting the area. The logs shall be maintained in writing or electronically and may be combined with logs required by state or federal regulations. The logs may be used to demonstrate regular inspection of the area. Other records or reports mandated by federal or state regulations shall also be retained for a minimum of two years unless regulations mandate a longer period. (7) Notifies local law enforcement authorities of any suspected or known tampering, theft, or significant loss of controlled substances, within one business day of discovery. If the collector maintains daily business hours, this notification shall be made within one calendar day. (8) Notify local law enforcement as to any decision to discontinue its voluntary collection of controlled substances and provide documentation of its written notification to the federal Drug Enforcement Administration’s Registration Unit as otherwise required under federal laws and regulations. (c) Nothing in this section shall be construed to require entities that may qualify as a collector to acquire, maintain, or make available to the public a secure drug take-back bin on its premises. (Added by Stats. 2016, Ch. 238, Sec. 2. (SB 1229) Effective January 1, 2017.)
  97. 1714.25.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section gives liability protection for certain food donations and allows food facilities to donate food directly to end recipients.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.25. (a) Except for injury resulting from gross negligence or intentional misconduct in the preparation or handling of donated food, no person, gleaner, or food facility that donates food that is fit for human consumption at the time it was donated to a nonprofit charitable organization or food bank shall be liable for any damage or injury resulting from the consumption of the donated food. Food facilities may donate food directly to end recipients for consumption. The immunity from civil liability provided by this subdivision applies regardless of compliance with any laws, regulations, or ordinances regulating the packaging or labeling of food, and regardless of compliance with any laws, regulations, or ordinances regulating the storage or handling of the food by the donee after the donation of the food. The donation of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act. The donation of perishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome. (b) A nonprofit charitable organization or a food bank that, in good faith, receives and distributes food without charge that is fit for human consumption at the time it was distributed is not liable for an injury or death due to the food unless the injury or death is a direct result of the gross negligence or intentional misconduct of the organization. (c) Nothing in this chapter shall be construed to limit the ability of a person, gleaner, or food facility to donate food. (d) For the purposes of this section: (1) “Food bank” has the same meaning as defined in Section 113783 of the Health and Safety Code. (2) “Food facility” has the same meaning as defined in Section 113789 of the Health and Safety Code. (3) “Gleaner” means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner. (4) “Nonprofit charitable organization” has the same meaning as defined in Section 113841 of the Health and Safety Code. (5) “Person” means an individual, school, local educational agency as defined in Section 421 of the Education Code, corporation, partnership, limited liability company, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, manager or managing member, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of the entity. (Amended by Stats. 2017, Ch. 619, Sec. 3. (AB 1219) Effective January 1, 2018.)
  98. 1714.26.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section limits liability for certain nonprofit vision screening services and the participating optometrist, ophthalmologist, or trained volunteer, if specified safeguards are met.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.26. (a) Except for damage or injury resulting from gross negligence or a willful act, there is no liability for any damage or injury on the part of a nonprofit charitable organization that provides vision screenings and, if applicable, provides donated or recycled eyeglasses, or a participating licensed optometrist, ophthalmologist, or trained volunteer who works with such a nonprofit charitable organization in the performance of vision screenings, if all of the following conditions are met: (1) The vision screening is provided to address ocular health concerns and, if applicable, to provide a temporary solution in the form of donated or recycled eyeglasses until the patient can get a full examination and eyeglasses. (2) The vision screening is not intended to replace a full ocular health examination provided by a licensed optometrist or ophthalmologist. (3) The patient signs a waiver acknowledging that the services provided are a temporary solution until the patient can get a full examination by a licensed optometrist or ophthalmologist. (4) Each vision screening is supervised by an attending licensed optometrist or ophthalmologist. (5) The eyeglass prescription determinations and ocular health recommendations are provided by an attending licensed optometrist or ophthalmologist. (6) A written prescription is not provided to the patient. (7) The eyeglasses provided to the patients are a close or approximate match, within tolerances allowed by the attending licensed optometrist or ophthalmologist, to the prescription determined during the vision screening. (8) The vision screening and eyeglasses are provided without a charge. (9) The optometrist, ophthalmologist, or volunteer is authorized by the nonprofit organization to provide the vision screening and eyeglasses on behalf of the nonprofit organization and is acting within the scope of his or her authorized responsibilities and the guidelines of the nonprofit charitable organization when providing the vision screening or eyeglasses. (10) The nonprofit charitable organization provides procedural, risk management, and quality control training, as applicable, to the participating optometrist, ophthalmologist, or volunteer who provides the vision screening or eyeglasses. (b) The limitation of liability provided in subdivision (a) is not applicable if an action is brought by an officer of a state or local government pursuant to state or local law. (c) The limitation of liability provided in subdivision (a) is not applicable if the conduct of the nonprofit charitable organization, optometrist, ophthalmologist, or volunteer includes any of the following types of misconduct: (1) A crime of violence. (2) A hate crime. (3) An act involving a sexual offense. (4) An act involving misconduct in violation of federal or state civil rights laws. (5) An act performed while the defendant was under the influence of drugs or alcohol. (d) For the purposes of this section: (1) “Nonprofit charitable organization” means an organization exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code. (2) “Vision screening” means a test or examination of an individual using a portion of the usual examination procedures in a comprehensive eye examination and refraction, that are selected or directed by an attending licensed optometrist or ophthalmologist, and are within the guidelines of the nonprofit charitable organization. (Added by Stats. 2013, Ch. 68, Sec. 1. (SB 724) Effective January 1, 2014.)
  99. 1714.27.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person who is not otherwise licensed may administer anti-seizure rescue medication at an emergency scene in good faith and without compensation, and is generally protected from professional review, civil liability, and criminal prosecution if the conduct is not grossly negligent or willful/wanton misconduct.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.27. (a) Notwithstanding any other law, and except as provided in subdivision (b), a person not otherwise licensed to administer anti-seizure rescue medication, but who administers anti-seizure rescue medication at the scene of an emergency, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration so long as the person’s conduct is not grossly negligent and does not constitute willful or wanton misconduct. (b) Subdivision (a) shall not apply to administration of anti-seizure rescue medication to a pupil on a school site which shall, instead, comply with Article 4.6 (commencing with Section 49468) of Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code. (Added by Stats. 2025, Ch. 33, Sec. 1. (AB 369) Effective January 1, 2026.)
  100. 1714.29.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section defines “trauma kit” and says certain Good Samaritan protections apply when people use a trauma kit to give emergency care, train others, or certify trained users. It also says property managers are not required to respond to emergencies with trauma kits.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.29. (a) For purposes of this section, “trauma kit” means a first aid response kit that contains at least all of the following: (1) One tourniquet endorsed by the Committee on Tactical Combat Casualty Care. (2) One bleeding control bandage. (3) One pair of nonlatex protective gloves and a marker. (4) One pair of scissors. (5) Instructional documents developed by the Stop the Bleed national awareness campaign of the United States Department of Homeland Security or the American College of Surgeons Committee on Trauma, the American Red Cross, the Committee for Tactical Emergency Casualty Care, or any other partner of the United States Department of Defense. (b) Medical materials and equipment similar to those described in paragraphs (1) to (4), inclusive, of subdivision (a) and any additional items that are approved by the medical director of the local emergency medical services agency may be included as supplements in addition to the items described in paragraphs (1) to (4), inclusive, of subdivision (a) if they adequately treat a traumatic injury and can be stored in a readily available kit. (c) Subdivision (b) of Section 1799.102 of the Health and Safety Code, the “Good Samaritan Law,” applies to any lay rescuer or person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma kit at the scene of an emergency. (d) A person who renders emergency care or treatment by the use of a trauma kit at the scene of an emergency and who receives compensation as a result of their employment by a property managing entity, a tenant of a building, or any other private or public employer, but is not compensated to provide emergency medical care, is not providing emergency medical care “for compensation” for purposes of Section 1799.102 of the Health and Safety Code. (e) Section 1799.100 of the Health and Safety Code applies to a person or entity that voluntarily, and without expectation and receipt of compensation, does either of the following: (1) Provides training in the use of a trauma kit to provide emergency medical treatment to victims of trauma, including, but not limited to, training in the use of the trauma kit in emergency first care response to an active shooter. (2) Certifies persons, other than physicians and surgeons, registered nurses, and licensed vocational nurses, who are trained in the use of a trauma kit to provide emergency medical treatment to victims of trauma. (f) This section does not require a property manager or person employed by a property managing entity to respond to an emergency with the use of trauma kits. (Added by Stats. 2022, Ch. 586, Sec. 2. (AB 2260) Effective January 1, 2023.)
  101. 1714.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A parent or guardian with custody and control of a minor may be held liable for damages caused when the minor discharges a firearm, if the parent or guardian allowed access to the firearm.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.3. Civil liability for any injury to the person or property of another proximately caused by the discharge of a firearm by a minor under the age of 18 years shall be imputed to a parent or guardian having custody and control of the minor for all purposes of civil damages, and such parent or guardian shall be jointly and severally liable with such minor for any damages resulting from such act, if such parent or guardian either permitted the minor to have the firearm or left the firearm in a place accessible to the minor. The liability imposed by this section is in addition to any liability otherwise imposed by law. However, no person, or group of persons collectively, shall incur liability under this section in any amount exceeding thirty thousand dollars ($30,000) for injury to or death of one person as a result of any one occurrence or, subject to the limit as to one person, exceeding sixty thousand dollars ($60,000) for injury to or death of all persons as a result of any one such occurrence. (Amended by Stats. 1986, Ch. 1099, Sec. 1.)
  102. 1714.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person or business entity that knowingly helps a child support obligor hide assets or avoid paying child support can be liable for three times the value of the help provided, up to the full unpaid support amount.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.4. (a) Any person or business entity that knowingly assists a child support obligor who has an unpaid child support obligation to escape, evade, or avoid paying court-ordered or court-approved child support shall be liable for three times the value of the assistance provided, such as the fair market value of the obligor’s assets transferred or hidden. The maximum liability imposed by this section shall not exceed the entire child support obligation due. Any funds or assets collected pursuant to this section shall be paid to the child support obligee, and shall not reduce the amount of the unpaid child support obligation. Upon the satisfaction of the unpaid child support obligation, this section shall not apply. (b) For purposes of this section, actions taken to knowingly assist a child support obligor to escape, evade, or avoid paying court-ordered or court-approved child support include, with actual knowledge of the child support obligation, helping to hide or transfer assets of the child support obligor. (c) This section shall not apply to a financial institution unless the financial institution has actual knowledge of the child support obligation and, with that knowledge, knowingly assists the obligor to escape, evade, or avoid paying the child support obligation. However, a financial institution with knowledge of an asset transfer has no duty to inquire into the rightfulness of the transaction, nor shall it be deemed to have knowingly assisted an obligor to escape, evade, or avoid paying the child support obligation if that assistance is provided by an employee or agent of the financial institution acting outside the terms and conditions of employment or agency without the actual knowledge of the financial institution. (Added by Stats. 2006, Ch. 820, Sec. 2. Effective January 1, 2007.)
  103. 1714.41.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person or business entity that knowingly helps someone avoid paying child support can be liable for triple the value of the assistance, subject to a cap tied to the unpaid support.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.41. (a) Any person or business entity that knowingly assists a child support obligor who has an unpaid child support obligation to escape, evade, or avoid paying court-ordered or court-approved child support shall be liable for three times the value of the assistance provided, such as the fair market value of the assets transferred or hidden, or the amount of the wages or other compensation paid to the child support obligor but not reported. The maximum liability imposed by this section shall not exceed the entire child support obligation due. Any funds or assets collected pursuant to this section shall be paid to the child support obligee, and shall not reduce the amount of the unpaid child support obligation. Upon the satisfaction of the unpaid child support obligation, this section shall not apply. (b) For purposes of this section, actions taken to knowingly assist a child support obligor to escape, evade, or avoid paying court-ordered or court-approved child support include, but are not limited to, any of the following actions taken when the individual or entity knew or should have known of the child support obligation: (1) Hiring or employing the child support obligor as an employee in a trade or business and failing to timely file a report of new employees with the California New Employee Registry maintained by the Employment Development Department. (2) Engaging the child support obligor as a service provider and failing to timely file a report with the Employment Development Department as required by Section 1088.8 of the Unemployment Insurance Code. (3) When engaged in a trade or business, paying wages or other forms of compensation for services rendered by a child support obligor that are not reported to the Employment Development Department as required, including, but not limited to, payment in cash or via barter or trade. (Added by Stats. 2006, Ch. 820, Sec. 3. Effective January 1, 2007.)
  104. 1714.43.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Large retail sellers and manufacturers with more than $100 million in annual worldwide gross receipts must disclose their efforts to eliminate slavery and human trafficking from their direct supply chains.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.43. (a) (1) Every retail seller and manufacturer doing business in this state and having annual worldwide gross receipts that exceed one hundred million dollars ($100,000,000) shall disclose, as set forth in subdivision (c), its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale. (2) For the purposes of this section, the following definitions shall apply: (A) “Doing business in this state” shall have the same meaning as set forth in Section 23101 of the Revenue and Taxation Code. (B) “Gross receipts” shall have the same meaning as set forth in Section 25120 of the Revenue and Taxation Code. (C) “Manufacturer” means a business entity with manufacturing as its principal business activity code, as reported on the entity’s tax return filed under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. (D) “Retail seller” means a business entity with retail trade as its principal business activity code, as reported on the entity’s tax return filed under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. (b) The disclosure described in subdivision (a) shall be posted on the retail seller’s or manufacturer’s Internet Web site with a conspicuous and easily understood link to the required information placed on the business’ homepage. In the event the retail seller or manufacturer does not have an Internet Web site, consumers shall be provided the written disclosure within 30 days of receiving a written request for the disclosure from a consumer. (c) The disclosure described in subdivision (a) shall, at a minimum, disclose to what extent, if any, that the retail seller or manufacturer does each of the following: (1) Engages in verification of product supply chains to evaluate and address risks of human trafficking and slavery. The disclosure shall specify if the verification was not conducted by a third party. (2) Conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains. The disclosure shall specify if the verification was not an independent, unannounced audit. (3) Requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business. (4) Maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking. (5) Provides company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within the supply chains of products. (d) The exclusive remedy for a violation of this section shall be an action brought by the Attorney General for injunctive relief. Nothing in this section shall limit remedies available for a violation of any other state or federal law. (e) The provisions of this section shall take effect on January 1, 2012. (Added by Stats. 2010, Ch. 556, Sec. 3. (SB 657) Effective January 1, 2011. Section operative January 1, 2012, pursuant to its own provisions.)
  105. 1714.45.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A manufacturer or seller is not liable in a product liability action if the product is inherently unsafe, commonly understood by consumers to be unsafe, and is a common consumer product for personal consumption.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.45. (a) In a product liability action, a manufacturer or seller shall not be liable if both of the following apply: (1) The product is inherently unsafe and the product is known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community. (2) The product is a common consumer product intended for personal consumption, such as sugar, castor oil, alcohol, and butter, as identified in comment i to Section 402A of the Restatement (Second) of Torts. (b) This section does not exempt the manufacture or sale of tobacco products by tobacco manufacturers and their successors in interest from product liability actions, but does exempt the sale or distribution of tobacco products by any other person, including, but not limited to, retailers or distributors. (c) For purposes of this section, the term “product liability action” means any action for injury or death caused by a product, except that the term does not include an action based on a manufacturing defect or breach of an express warranty. (d) This section is intended to be declarative of and does not alter or amend existing California law, including Cronin v. J.B.E. Olson Corp. (1972), 8 Cal. 3d 121, and shall apply to all product liability actions pending on, or commenced after, January 1, 1988. (e) This section does not apply to, and never applied to, an action brought by a public entity to recover the value of benefits provided to individuals injured by a tobacco-related illness caused by the tortious conduct of a tobacco company or its successor in interest, including, but not limited to, an action brought pursuant to Section 14124.71 of the Welfare and Institutions Code. In the action brought by a public entity, the fact that the injured individual’s claim against the defendant may be barred by a prior version of this section shall not be a defense. This subdivision does not constitute a change in, but is declaratory of, existing law relating to tobacco products. (f) It is the intention of the Legislature in enacting the amendments to subdivisions (a) and (b) of this section adopted at the 1997–98 Regular Session to declare that there exists no statutory bar to tobacco-related personal injury, wrongful death, or other tort claims against tobacco manufacturers and their successors in interest by California smokers or others who have suffered or incurred injuries, damages, or costs arising from the promotion, marketing, sale, or consumption of tobacco products. It is also the intention of the Legislature to clarify that those claims that were or are brought shall be determined on their merits, without the imposition of any claim of statutory bar or categorical defense. (g) This section shall not be construed to grant immunity to a tobacco industry research organization. (Amended by Stats. 1998, Ch. 485, Sec. 38. Effective January 1, 1999.)
  106. 1714.46.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    In a lawsuit against a defendant who developed, modified, or used AI that is claimed to have caused harm, the defendant cannot argue that the AI acted autonomously caused the harm.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.46. (a) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) In an action against a defendant who developed, modified, or used artificial intelligence that is alleged to have caused a harm to the plaintiff, it shall not be a defense, and the defendant may not assert, that the artificial intelligence autonomously caused the harm to the plaintiff. (c) This section does not limit or preclude a defendant from presenting either of the following: (1) Any other affirmative defense, including evidence relevant to causation or foreseeability. (2) Other evidence relevant to the comparative fault of any other person or entity. (Added by Stats. 2025, Ch. 672, Sec. 1. (AB 316) Effective January 1, 2026.)
  107. 1714.47.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Online marketplaces must not run unlawful paid online advertising for unlicensed cannabis, cannabis products, or intoxicating hemp products.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.47. (a) For purposes of this section, the following definitions apply: (1) “Business information” means an internet website, mobile application, address, or telephone number through which a seller offers to sell, or a consumer makes a purchase of, a product. (2) “Cannabis” has the same meaning as that term is defined in subdivision (f) of Section 26001 of the Business and Professions Code. (3) “Cannabis product” has the same meaning as that term is defined in subdivision (k) of Section 26001 of the Business and Professions Code. (4) “Intoxicating hemp product” has the same meaning as that term is defined in Section 22944 of the Business and Professions Code. (5) “Licensed” means licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code. (6) “Online marketplace” means an online cannabis marketplace, as that term is defined in Section 22943 of the Business and Professions Code, or an online hemp marketplace, as that term is defined in Section 22944 of the Business and Professions Code. (7) “Unlawful paid online advertising” means an advertisement or promotional information displayed on a computer or mobile device about, or for an offer of, the sale of cannabis or a cannabis product by an unlicensed seller, or an intoxicating hemp product, for which an online marketplace receives compensation either directly from a business or indirectly by increasing the number of individuals who visit the marketplace. (b) (1) An online marketplace shall not engage in unlawful paid online advertising related to unlicensed sellers of cannabis or cannabis products or intoxicating hemp products. (2) An online marketplace that engages in unlawful paid online advertising related to unlicensed sellers of cannabis or cannabis products in violation of paragraph (1) and is a substantial factor in an unlawful transaction between a consumer and an unlicensed seller of cannabis or a cannabis product shall be jointly and severally liable for all damages caused to the consumer by the ingestion of the cannabis or cannabis product. (3) An online marketplace that engages in unlawful paid online advertising related to sellers of intoxicating hemp products in violation of paragraph (1) and is a substantial factor in an unlawful transaction between a consumer and a seller of an intoxicating hemp product shall be jointly and severally liable for all damages caused to the consumer by the ingestion of the intoxicating hemp product. (c) (1) Except as provided in subdivision (d), in an action brought pursuant to paragraph (2) of subdivision (b) for harm to a consumer caused by the ingestion of cannabis or a cannabis product purchased from an unlicensed seller of cannabis products, a prevailing plaintiff may, in addition to any other remedy at law, recover as a civil penalty up to two times the damages caused by the cannabis or cannabis product if the online marketplace had actual knowledge that the seller that offered the cannabis or cannabis product was not licensed. For purposes of this paragraph, receipt of a report pursuant to Section 22943.2 or 22944.2 of the Business and Professions Code may be a basis for obtaining knowledge. (2) Except as provided in subdivision (d), in an action brought pursuant to paragraph (3) of subdivision (b) for harm to a consumer caused by the ingestion of an intoxicating hemp product, a prevailing plaintiff may, in addition to any other remedy at law, recover as a civil penalty up to two times the damages caused by the intoxicating hemp product if the online marketplace had actual knowledge that the product was an intoxicating hemp product. For purposes of this paragraph, receipt of a report pursuant to Section 22943.2 or 22944.2 of the Business and Professions Code may be a basis for obtaining knowledge. (d) (1) In an action described in paragraph (1) of subdivision (c), a prevailing plaintiff may, in addition to any other remedy at law, recover as a civil penalty up to three times the damages suffered by a child caused by the ingestion of cannabis or a cannabis product if the online marketplace had actual knowledge at the time the marketplace facilitated the connection that the seller that offered the cannabis or cannabis product was not licensed. For purposes of this paragraph, receipt of a report pursuant to Section 22943.2 or 22944.2 of the Business and Professions Code may be a basis for obtaining knowledge. (2) In an action described in paragraph (2) of subdivision (c), a prevailing plaintiff may, in addition to any other remedy at law, recover as a civil penalty up to three times the damages suffered by a child caused by the ingestion of the intoxicating hemp product if the online marketplace had actual knowledge at the time the marketplace facilitated the connection that the product was an intoxicating hemp product. For purposes of this paragraph, receipt of a report pursuant to Section 22943.2 or 22944.2 of the Business and Professions Code may be a basis for obtaining knowledge. (e) This section shall not be construed as applying to information or content displayed by a business on a computer or mobile device when the content does not satisfy the definition of unlawful paid online advertisement. (f) (1) In a civil action brought pursuant to subdivision (b), (c), or (d) against an online marketplace in relation to cannabis or cannabis products, it is a complete affirmative defense if the online marketplace establishes, by clear and convincing evidence, all of the following: (A) The online marketplace had, at the time the allegedly harmful product was sold, in full force and effect, a policy and practice of verifying that each seller of cannabis or cannabis products had a license. (B) The seller had a valid, unexpired license at the time of the sale. (C) The online marketplace never had custody or control of the cannabis or cannabis product. (2) In a civil action brought pursuant to subdivision (b), (c), or (d) against an online marketplace in relation to intoxicating hemp products, it is a complete affirmative defense if the online marketplace establishes, by clear and convincing evidence, all of the following: (A) The defendant had, at the time the allegedly harmful product was sold, in full force and effect, a policy and practice of requiring offers to sell a product containing hemp to describe the product as “THC free” or “nonintoxicating,” or to contain that statement “[Insert online marketplace name] does not permit the sale of intoxicating hemp,” where those words appear in the largest text visible to the public describing or identifying the product and are either of the following: (i) In the same size and style as the largest text visible to the public describing or identifying the product. (ii) Clearly and conspicuously disclosed as a part of the largest text visible to the public describing or identifying the product. (B) The disclosure described by subparagraph (A) existed at the time the product was sold to the consumer. (C) The defendant never had custody or control of the product. (3) In a civil action brought pursuant to subdivision (b), (c), or (d) against an online marketplace in relation to intoxicating hemp products, it is a complete affirmative defense if the online marketplace establishes, by clear and convincing evidence, all of the following: (A) The defendant did not know or should not have known from the information it obtained from the seller, including the description of the product, that the hemp was intoxicating. (B) The defendant never had custody or control of the allegedly harmful product. (4) In a civil action brought pursuant to subdivision (b), (c), or (d) against an online marketplace in relation to intoxicating hemp products, it is a complete affirmative defense if the online marketplace establishes, by clear and convincing evidence, all of the following: (A) The defendant received a report pursuant to the mechanism required by Section 22944.2 of the Business and Professions Code that the seller of the intoxicating hemp product alleged to have caused the injury was selling intoxicating hemp. (B) Prior to the sale of the intoxicating hemp product alleged to have caused the injury, the defendant did either of the following: (i) Required the disclosure described in paragraph (2). (ii) Removed the seller from their marketplace. (5) (A) In a civil action brought pursuant to subdivisions (b), (c), or (d) against an online marketplace in relation to intoxicating hemp products, it is a complete affirmative defense if the online marketplace establishes, by clear and convincing evidence, that the marketplace did either of the following: (i) Prior to the action being filed, within 48 hours of the online marketplace knowing it was violating paragraph (1) of subdivision (b), removed the product description that offered the intoxicating hemp that is alleged to have caused the harm from the marketplace, and the product description remained removed from the marketplace without interruption until the time the action was filed. (ii) Prior to the action being filed, within 48 hours of the online marketplace knowing it was violating paragraph (1) of subdivision (b), inserted or caused to be inserted into the product description of the product that is alleged to have caused the harm disclosures that describe the product as “THC free” or “nonintoxicating,” or “[Insert marketplace name] does not permit the sale of intoxicating hemp,” where the words “THC free” or “nonintoxicating” or “[Iinsert marketplace name] does not permit the sale of intoxicating hemp,” appear in the largest text visible to the public describing or identifying the product, those words appeared on the product description without interruption until the time the action was filed, and those words are either of the following: (I) In the same size and style as the largest text visible to the public describing or identifying the product. (II) Clearly and conspicuously disclosed as a part of the largest text visible to the public describing or identifying the product. (B) For purposes of this paragraph, receipt of a report pursuant to Section 22943.2 or 22944.2 of the Business and Professions Code may be a basis for obtaining knowledge. (g) In any action brought pursuant to this section, an online marketplace may, notwithstanding any provision in an agreement or contract, seek in the same action indemnification against an advertiser of cannabis, cannabis products, or intoxicating hemp products that misrepresented to the online marketplace that they were licensed or registered to sell that product, or misrepresented to the online marketplace that they were a seller of nonintoxicating hemp. (h) This section shall become operative on July 1, 2026. (Added by Stats. 2025, Ch. 411, Sec. 4. (SB 378) Effective January 1, 2026. Operative July 1, 2026, by its own provisions.)
  108. 1714.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section limits civil liability for people who own or maintain designated emergency shelters or related facilities, and for disaster service workers, except for willful acts.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.5. (a) There shall be no liability on the part of one, including the State of California, county, city and county, city or any other political subdivision of the State of California, who owns or maintains any building or premises which have been designated as a shelter from destructive operations or attacks by enemies of the United States by any disaster council or any public office, body, or officer of this state or of the United States, or which have been designated or are used as mass care centers, first aid stations, temporary hospital annexes, or as other necessary facilities for mitigating the effects of a natural, manmade, or war-caused emergency, for any injuries arising out of the use thereof for such purposes sustained by any person while in or upon said building or premises as a result of the condition of said building or premises or as a result of any act or omission, or in any way arising from the designation of such premises as a shelter, or the designation or use thereof as a mass care center, first aid station, temporary hospital annex, or other necessary facility for emergency purposes, except a willful act, of such owner or occupant or his or her servants, agents or employees when such person has entered or gone upon or into said building or premises for the purpose of seeking refuge, treatment, care, or assistance therein during destructive operations or attacks by enemies of the United States or during tests ordered by lawful authority or during a natural or manmade emergency. (b) Notwithstanding any other provision of law, no disaster service worker who is performing disaster services during a state of war emergency, a state of emergency, or a local emergency, as such emergencies are defined in Section 8558 of the Government Code, shall be liable for civil damages on account of personal injury to or death of any person or damage to property resulting from any act or omission while performing disaster services anywhere within any jurisdiction covered by such emergency, except one that is willful. (c) For purposes of this subdivision, a disaster service worker shall be performing disaster services when acting within the scope of the disaster service worker’s responsibilities under the authority of the governmental emergency organization. (d) For purposes of this subdivision, “governmental emergency organization” shall mean the emergency organization of any state, city, city and county, county, district, or other local governmental agency or public agency, which is authorized pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). (e) Nothing in this section shall be construed to alter any existing legal duties or obligations. The amendments to this section made by the act amending this section shall apply exclusively to any legal action filed on or after the effective date of the act. (Amended by Stats. 2009, Ch. 27, Sec. 1. Effective August 6, 2009. Note: Provisions of subd. (e) were inserted by the amendment by Stats. 2009, Ch. 27.)
  109. 1714.55.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Certain 9-1-1 service providers are shielded from civil liability for claims, damages, or losses caused by acts or omissions in providing the service, except for gross negligence, wanton or willful misconduct, or intentional misconduct.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.55. (a) A retail or wholesale service provider of telecommunications service, or other service, involved in providing 9-1-1 service in accordance with the Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code), shall not be liable for any civil claim, damage, or loss caused by an act or omission in the design, development, installation, maintenance, or provision of 9-1-1 service, unless the act or omission that proximately caused the claim, damage, or loss constituted gross negligence, wanton or willful misconduct, or intentional misconduct. (b) For purposes of this section: (1) “Public safety agency” means a public safety agency as defined in accordance with the Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code). (2) “9-1-1 service” means a telecommunications service, or other wireline or wireless service, that provides to the user of the public telephone system the ability to reach a public safety agency by utilizing the digits 9-1-1 or otherwise facilitates the provision of emergency services pursuant to the Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code). “9-1-1 service” includes a 9-1-1 service that utilizes in whole or in part an Internet Protocol. (c) This section shall not apply to services provided under tariff. (d) This section shall not be construed to modify the liability of a manufacturer, distributor, or other person arising from a claim, damage, or loss, related to the operation or performance of an end-user device that is not related to the provision of 9-1-1 service. (Added by Stats. 2011, Ch. 297, Sec. 1. (AB 1074) Effective September 21, 2011.)
  110. 1714.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person cannot be prosecuted for violating a statute or ordinance if the violation was required to comply with certain military commander orders or with Governor-issued emergency regulations, directives, or orders.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.6. The violation of any statute or ordinance shall not establish negligence as a matter of law where the act or omission involved was required in order to comply with an order or proclamation of any military commander who is authorized to issue such orders or proclamations; nor when the act or omission involved is required in order to comply with any regulation, directive, or order of the Governor promulgated under the California Emergency Services Act. No person shall be prosecuted for a violation of any statute or ordinance when violation of such statute or ordinance is required in order to comply with an order or proclamation of any military commander who is authorized to issue such orders or proclamations; nor shall any person be prosecuted for a violation of any statute or ordinance when violation of such statute or ordinance is required in order to comply with any regulation, directive, or order of the Governor promulgated under the California Emergency Services Act. The provisions of this section shall apply to such acts or omissions whether occurring prior to or after the effective date of this section. (Amended by Stats. 1971, Ch. 438.)
  111. 1714.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person injured while getting onto, or riding on, a moving locomotive or railroad car without authority generally cannot recover damages from the owner or operator, unless the injury was caused by an intentional or wantonly reckless act by the owner or operator.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.7. No person who is injured while getting on, or attempting to get on, a moving locomotive or railroad car, without authority from the owner or operator of the railroad, or who, having gotten on a locomotive or railroad car while in motion without such authority, is injured while so riding or getting off, shall recover any damages from the owner or operator thereof for such injuries unless proximately caused by an intentional act of such owner or operator with knowledge that serious injury is the probable result of such act, or with a wanton and reckless disregard of the probable result of such act. (Added by Stats. 1971, Ch. 1554.)
  112. 1714.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A health care provider is not liable for malpractice just because a result came from the natural course of a disease or was the expected result of reasonable treatment.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.8. (a) No health care provider shall be liable for professional negligence or malpractice for any occurrence or result solely on the basis that the occurrence or result was caused by the natural course of a disease or condition, or was the natural or expected result of reasonable treatment rendered for the disease or condition. This section shall not be construed so as to limit liability for the failure to inform of the risks of treatment or failure to accept treatment, or for negligent diagnosis or treatment or the negligent failure to diagnose or treat. (b) As used in this section, “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 certified 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. (Added by Stats. 1978, Ch. 1358.)
  113. 1714.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person can be liable for injury to a peace officer, firefighter, or emergency medical personnel in specified circumstances, and an employer of such personnel may be subrogated to certain rights.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1714.9. (a) Notwithstanding statutory or decisional law to the contrary, any person is responsible not only for the results of that person’s willful acts causing injury to a peace officer, firefighter, or any emergency medical personnel employed by a public entity, but also for any injury occasioned to that person by the want of ordinary care or skill in the management of the person’s property or person, in any of the following situations: (1) Where the conduct causing the injury occurs after the person knows or should have known of the presence of the peace officer, firefighter, or emergency medical personnel. (2) Where the conduct causing injury violates a statute, ordinance, or regulation, and the conduct causing injury was itself not the event that precipitated either the response or presence of the peace officer, firefighter, or emergency medical personnel. (3) Where the conduct causing the injury was intended to injure the peace officer, firefighter, or emergency medical personnel. (4) Where the conduct causing the injury is arson as defined in Section 451 of the Penal Code. (b) This section does not preclude the reduction of an award of damages because of the comparative fault of the peace officer, firefighter, or emergency medical personnel in causing the injury. (c) The employer of a firefighter, peace officer or emergency medical personnel may be subrogated to the rights granted by this section to the extent of the worker’s compensation benefits, and other liabilities of the employer, including all salary, wage, pension, or other emolument paid to the employee or the employee’s dependents. (d) The liability imposed by this section shall not apply to an employer of a peace officer, firefighter, or emergency medical personnel. (e) This section is not intended to change or modify the common law independent cause exception to the firefighter’s rule as set forth in Donohue v. San Francisco Housing Authority (1993) 16 Cal.App.4th 658. (Amended by Stats. 2001, Ch. 140, Sec. 2. Effective January 1, 2002.)
  114. 1715.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section says that other obligations are set out in Divisions I and II of the Code.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1715. Other obligations are prescribed by Divisions I and II of this Code. (Enacted 1872.)
  115. 1716.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person may not send a billing-style solicitation for payment unless it follows the required disclaimer and formatting rules.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1716. (a) It is unlawful for a person to solicit payment of money by another by means of a written statement or invoice, or any writing that reasonably could be considered a bill, invoice, or statement of account due, but is in fact a solicitation for an order, unless the solicitation conforms to subdivisions (b) to (f), inclusive. (b) A solicitation described in subdivision (a) shall bear on its face either the disclaimer prescribed by subparagraph (A) of paragraph (2) of subsection (d) of Section 3001 of Title 39 of the United States Code or the following notice: “THIS IS NOT A BILL. THIS IS A SOLICITATION. YOU ARE UNDER NO OBLIGATION TO PAY THE AMOUNT STATED ABOVE UNLESS YOU ACCEPT THIS OFFER.” The statutory disclaimer or the alternative notice shall be displayed in conspicuous boldface capital letters of a color prominently contrasting with the background against which they appear, including all other print on the face of the solicitation and shall be at least as large, bold, and conspicuous as any other print on the face of the solicitation but no smaller than 30-point type. (c) The notice or disclaimer required by this section shall be displayed conspicuously apart from other print on the page and immediately below each portion of the solicitation that reasonably could be construed to specify a monetary amount due and payable by the recipient. The notice or disclaimer shall not be preceded, followed, or surrounded by words, symbols, or other matter that reduces its conspicuousness or that introduces, modifies, qualifies, or explains the required text, such as “legal notice required by law.” (d) The notice or disclaimer may not, by folding or any other device, be rendered unintelligible or less prominent than any other information on the face of the solicitation. (e) If a solicitation consists of more than one page or if any page is designed to be separated into portions, such as by tearing along a perforated line, the notice or disclaimer shall be displayed in its entirety on the face of each page or portion of a page that reasonably might be considered a bill, invoice, or statement of account due as required by subdivisions (b) and (c). (f) For the purposes of this section, “color” includes black and “color prominently contrasting” excludes any color, or any intensity of an otherwise included color, that does not permit legible reproduction by ordinary office photocopying equipment used under normal operating conditions, and that is not at least as vivid as any other color on the face of the solicitation. (g) Any person damaged by noncompliance with this section, in addition to other remedies, is entitled to damages in an amount equal to three times the sum solicited. (h) Any person who violates this section shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction. If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city. (i) A violation of this section is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment. (Amended by Stats. 1996, Ch. 397, Sec. 1. Effective January 1, 1997.)
  116. 1717.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    In contract actions with an attorney-fee clause, the prevailing party is entitled to reasonable attorney’s fees, and the court decides who prevails.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1717. (a) In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in addition to other costs. Where a contract provides for attorney’s fees, as set forth above, that provision shall be construed as applying to the entire contract, unless each party was represented by counsel in the negotiation and execution of the contract, and the fact of that representation is specified in the contract. Reasonable attorney’s fees shall be fixed by the court, and shall be an element of the costs of suit. Attorney’s fees provided for by this section shall not be subject to waiver by the parties to any contract which is entered into after the effective date of this section. Any provision in any such contract which provides for a waiver of attorney’s fees is void. (b) (1) The court, upon notice and motion by a party, shall determine who is the party prevailing on the contract for purposes of this section, whether or not the suit proceeds to final judgment. Except as provided in paragraph (2), the party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract. The court may also determine that there is no party prevailing on the contract for purposes of this section. (2) Where an action has been voluntarily dismissed or dismissed pursuant to a settlement of the case, there shall be no prevailing party for purposes of this section. Where the defendant alleges in his or her answer that he or she tendered to the plaintiff the full amount to which he or she was entitled, and thereupon deposits in court for the plaintiff, the amount so tendered, and the allegation is found to be true, then the defendant is deemed to be a party prevailing on the contract within the meaning of this section. Where a deposit has been made pursuant to this section, the court shall, on the application of any party to the action, order the deposit to be invested in an insured, interest-bearing account. Interest on the amount shall be allocated to the parties in the same proportion as the original funds are allocated. (c) In an action which seeks relief in addition to that based on a contract, if the party prevailing on the contract has damages awarded against it on causes of action not on the contract, the amounts awarded to the party prevailing on the contract under this section shall be deducted from any damages awarded in favor of the party who did not prevail on the contract. If the amount awarded under this section exceeds the amount of damages awarded the party not prevailing on the contract, the net amount shall be awarded the party prevailing on the contract and judgment may be entered in favor of the party prevailing on the contract for that net amount. (Amended by Stats. 1987, Ch. 1080, Sec. 1.)
  117. 1717.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    In certain contract actions based on a book account, the prevailing party may recover reasonable attorney’s fees, subject to statutory caps and several exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1717.5. (a) (1) Except as otherwise provided by law or where waived by the parties to an agreement, in any action on a contract based on a book account, as defined in Section 337a of the Code of Civil Procedure, entered into on or after January 1, 1987, which does not provide for attorney’s fees and costs, as provided in Section 1717, the party who is determined to be the party prevailing on the contract shall be entitled to reasonable attorney’s fees, as provided below, in addition to other costs. The prevailing party on the contract shall be the party who recovered a greater relief in the action on the contract. The court may determine that there is no party prevailing on the contract for purposes of this section. (2) Reasonable attorney’s fees awarded pursuant to this section for the prevailing party bringing the action on the book account shall be fixed by the court in an amount that shall not exceed the lesser of: (1) one thousand two hundred dollars ($1,200) for book accounts based upon an obligation owing by a natural person for goods, moneys, or services which were primarily for personal, family, or household purposes; and one thousand six hundred dollars ($1,600) for all other book accounts to which this section applies; or (2) 25 percent of the principal obligation owing under the contract. (3) For the party against whom the obligation on the book account was asserted in the action subject to this section, if that party is found to have no obligation owing on a book account, the court shall award that prevailing party reasonable attorney’s fees not to exceed one thousand two hundred dollars ($1,200) for book accounts based upon an obligation owing by a natural person for goods, moneys, or services which were primarily for personal, family, or household purposes, and one thousand six hundred dollars ($1,600) for all other book accounts to which this section applies. These attorney’s fees shall be an element of the costs of the suit. (4) If there is a written agreement between the parties signed by the person to be charged, the fees provided by this section may not be imposed unless that agreement contains a statement that the prevailing party in any action between the parties is entitled to the fees provided by this section. (b) The attorney’s fees allowed pursuant to this section shall be the lesser of either the maximum amount allowed by this section, the amount provided by any default attorney’s fee schedule adopted by the court applicable to the suit, or an amount as otherwise provided by the court. Any claim for attorney’s fees pursuant to this section in excess of the amounts set forth in the default attorney’s fee schedule shall be reasonable attorney’s fees, as proved by the party, as actual and necessary for the claim that is subject to this section. (c) (1) This section does not apply to any action in which an insurance company is a party nor shall an insurance company, surety, or guarantor be liable under this section, in the absence of a specific contractual provision, for the attorney’s fees and costs awarded a prevailing party against its insured. (2) This section does not apply to any action in which a bank, a savings association, a federal association, a state or federal credit union, or a subsidiary, affiliate, or holding company of any of those entities, or an authorized industrial loan company, a licensed consumer finance lender, or a licensed commercial finance lender, is a party. (Amended by Stats. 2025, Ch. 28, Sec. 1. (AB 78) Effective January 1, 2026.)
  118. 1718.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Farm machinery repair shops must invoice work, provide written estimates on request, and get customer consent before charging above the estimate; violations are misdemeanors.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1718. (a) As used in this section: (1) “Farm machinery” means all tools and equipment used in relation to the operation of a farm. (2) “Farm machinery repair shop” means a business which, for compensation, engages in the operation, on or off its premises, of repairing farm machinery. (3) “Per-job basis” means each act of maintenance or repair which is performed on farm machinery. (b) All work done by a farm machinery repair shop, including all warranty work, shall be recorded on an invoice, which shall describe all service work done and parts supplied. If more than one act of maintenance or repair is performed by a farm machinery repair shop, the invoice shall be written in such a way that the labor cost per hour and total labor cost, as well as the specific parts used and their cost, shall be recorded on a per-job basis. However, where work is done on an agreed total-cost-per-job basis, or the work includes an agreed total cost for component unit replacement, the invoice shall describe the work done on such basis and the total cost for such work. (c) Each farm machinery repair shop shall give to each customer, upon request, a written estimated price for labor and parts necessary, on a per-job basis. It shall not charge for work done or parts supplied in excess of the estimated price without the consent of the customer, which shall be obtained at some time after it is determined that the estimated price is insufficient and before the work not included in the estimate is done, or the parts not included in the estimate are supplied. Nothing in this section shall be construed to require a farm machinery repair shop to give a written estimated price if the shop does not agree to perform the requested repair. (d) Any violation of this section is a misdemeanor. (Amended by Stats. 1973, Ch. 235.)
  119. 1719.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    If someone passes a check with insufficient funds, the payee can recover the check amount and, in some cases, a service charge and treble damages.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1719. (a) (1) Notwithstanding any penal sanctions that may apply, any person who passes a check on insufficient funds shall be liable to the payee for the amount of the check and a service charge payable to the payee for an amount not to exceed twenty-five dollars ($25) for the first check passed on insufficient funds and an amount not to exceed thirty-five dollars ($35) for each subsequent check to that payee passed on insufficient funds. (2) Notwithstanding any penal sanctions that may apply, any person who passes a check on insufficient funds shall be liable to the payee for damages equal to treble the amount of the check if a written demand for payment is mailed by certified mail to the person who had passed a check on insufficient funds and the written demand informs this person of (A) the provisions of this section, (B) the amount of the check, and (C) the amount of the service charge payable to the payee. The person who had passed a check on insufficient funds shall have 30 days from the date the written demand was mailed to pay the amount of the check, the amount of the service charge payable to the payee, and the costs to mail the written demand for payment. If this person fails to pay in full the amount of the check, the service charge payable to the payee, and the costs to mail the written demand within this period, this person shall then be liable instead for the amount of the check, minus any partial payments made toward the amount of the check or the service charge within 30 days of the written demand, and damages equal to treble that amount, which shall not be less than one hundred dollars ($100) nor more than one thousand five hundred dollars ($1,500). When a person becomes liable for treble damages for a check that is the subject of a written demand, that person shall no longer be liable for any service charge for that check and any costs to mail the written demand. (3) Notwithstanding paragraphs (1) and (2), a person shall not be liable for the service charge, costs to mail the written demand, or treble damages if he or she stops payment in order to resolve a good faith dispute with the payee. The payee is entitled to the service charge, costs to mail the written demand, or treble damages only upon proving by clear and convincing evidence that there was no good faith dispute, as defined in subdivision (b). (4) Notwithstanding paragraph (1), a person shall not be liable under that paragraph for the service charge if, at any time, he or she presents the payee with written confirmation by his or her financial institution that the check was returned to the payee by the financial institution due to an error on the part of the financial institution. (5) Notwithstanding paragraph (1), a person shall not be liable under that paragraph for the service charge if the person presents the payee with written confirmation that his or her account had insufficient funds as a result of a delay in the regularly scheduled transfer of, or the posting of, a direct deposit of a social security or government benefit assistance payment. (6) As used in this subdivision, to “pass a check on insufficient funds” means to make, utter, draw, or deliver any check, draft, or order for the payment of money upon any bank, depository, person, firm, or corporation that refuses to honor the check, draft, or order for any of the following reasons: (A) Lack of funds or credit in the account to pay the check. (B) The person who wrote the check does not have an account with the drawee. (C) The person who wrote the check instructed the drawee to stop payment on the check. (b) For purposes of this section, in the case of a stop payment, the existence of a “good faith dispute” shall be determined by the trier of fact. A “good faith dispute” is one in which the court finds that the drawer had a reasonable belief of his or her legal entitlement to withhold payment. Grounds for the entitlement include, but are not limited to, the following: services were not rendered, goods were not delivered, goods or services purchased are faulty, not as promised, or otherwise unsatisfactory, or there was an overcharge. (c) In the case of a stop payment, the notice to the drawer required by this section shall be in substantially the following form: NOTICE To: (name of drawer) (name of payee) is the payee of a check you wrote for $ (amount).The check was not paid because you stopped payment, and the payee demands payment. You may have a good faith dispute as to whether you owe the full amount. If you do not have a good faith dispute with the payee and fail to pay the payee the full amount of the check in cash, a service charge of an amount not to exceed twenty-five dollars ($25) for the first check passed on insufficient funds and an amount not to exceed thirty-five dollars ($35) for each subsequent check passed on insufficient funds, and the costs to mail this notice within 30 days after this notice was mailed, you could be sued and held responsible to pay at least both of the following: (1) The amount of the check. (2) Damages of at least one hundred dollars ($100) or, if higher, three times the amount of the check up to one thousand five hundred dollars ($1,500). If the court determines that you do have a good faith dispute with the payee, you will not have to pay the service charge, treble damages, or mailing cost. If you stopped payment because you have a good faith dispute with the payee, you should try to work out your dispute with the payee. You can contact the payee at: _____ (name of payee) _____ _____ (street address) _____ _____ (telephone number) _____ You may wish to contact a lawyer to discuss your legal rights and responsibilities. (name of sender of notice) (d) In the case of a stop payment, a court may not award damages or costs under this section unless the court receives into evidence a copy of the written demand that, in that case, shall have been sent to the drawer and a signed certified mail receipt showing delivery, or attempted delivery if refused, of the written demand to the drawer’s last known address. (e) A cause of action under this section may be brought in small claims court by the original payee, if it does not exceed the jurisdiction of that court, or in any other appropriate court. The payee shall, in order to recover damages because the drawer instructed the drawee to stop payment, show to the satisfaction of the trier of fact that there was a reasonable effort on the part of the payee to reconcile and resolve the dispute prior to pursuing the dispute through the courts. (f) A cause of action under this section may be brought by a holder of the check or an assignee of the payee. A proceeding under this section is a limited civil case. However, if the assignee is acting on behalf of the payee, for a flat fee or a percentage fee, the assignee may not charge the payee a greater flat fee or percentage fee for that portion of the amount collected that represents treble damages than is charged the payee for collecting the face amount of the check, draft, or order. This subdivision shall not apply to an action brought in small claims court. (g) Notwithstanding subdivision (a), if the payee is the court, the written demand for payment described in subdivision (a) may be mailed to the drawer by the court clerk. Notwithstanding subdivision (d), in the case of a stop payment where the demand is mailed by the court clerk, a court may not award damages or costs pursuant to subdivision (d), unless the court receives into evidence a copy of the written demand, and a certificate of mailing by the court clerk in the form provided for in subdivision (4) of Section 1013a of the Code of Civil Procedure for service in civil actions. For purposes of this subdivision, in courts where a single court clerk serves more than one court, the clerk shall be deemed the court clerk of each court. (h) The requirements of this section in regard to remedies are mandatory upon a court. (i) The assignee of the payee or a holder of the check may demand, recover, or enforce the service charge, damages, and costs specified in this section to the same extent as the original payee. (j) (1) A drawer is liable for damages and costs only if all of the requirements of this section have been satisfied. (2) The drawer shall in no event be liable more than once under this section on each check for a service charge, damages, or costs. (k) Nothing in this section is intended to condition, curtail, or otherwise prejudice the rights, claims, remedies, and defenses under Division 3 (commencing with Section 3101) of the Commercial Code of a drawer, payee, assignee, or holder, including a holder in due course as defined in Section 3302 of the Commercial Code, in connection with the enforcement of this section. (Amended by Stats. 1998, Ch. 931, Sec. 14. Effective September 28, 1998.)
  120. 1720.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    If an obligee does not timely answer an obligor’s inquiry, the obligee cannot charge interest or similar fees during the delay period.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1720. (a) If an obligee fails to give a timely response to an inquiry of an obligor concerning any debit or credit applicable to an obligation, he shall not be entitled to interest, financing charges, service charges, or any other similar charges thereon, from the date of mailing of the inquiry to the date of mailing of the response. (b) For the purpose of subdivision (a): (1) An “inquiry” is a writing which is posted by certified mail to the address of the obligee to which payments are normally tendered, unless another address is specifically indicated on the statement for such purpose, then to such address. (2) A “response” is a writing which is responsive to an inquiry and mailed to the last known address of the obligor. (3) A response is “timely” if it is mailed within 60 days from the date on which the inquiry was mailed. (c) This section shall only apply to an obligation created pursuant to a retail installment account as defined by Section 1802.7. (Amended by Stats. 1971, Ch. 1019.)
  121. 1721.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    If a plaintiff wins an action for intentional and malicious destruction of real or personal property at a construction site, the court may award up to triple actual damages and reasonable attorney’s fees.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1721. In an action for the intentional and malicious destruction of real or personal property at a site where substantial improvements to real property are under construction, upon judgment in favor of the plaintiff, the court may, in its discretion, award the plaintiff an amount not to exceed three times the amount of actual damages, and may award reasonable attorney’s fees. (Added by Stats. 1983, Ch. 474, Sec. 1.)
  122. 1722.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    This section requires advance four-hour scheduling for certain deliveries, cable service connections/repairs, and utility service connections/repairs, and lets affected consumers or subscribers seek limited small-claims damages for missed appointments.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1722. (a) (1) Whenever a contract is entered into between a consumer and a retailer with 25 or more employees relating to the sale of merchandise which is to be delivered by the retailer or the retailer’s agent to the consumer at a later date, and the parties have agreed that the presence of the consumer is required at the time of delivery, the retailer and the consumer shall agree, either at the time of the sale or at a later date prior to the delivery date, on a four-hour time period within which any delivery shall be made. Whenever a contract is entered into between a consumer and a retailer with 25 or more employees for service or repair of merchandise, whether or not the merchandise was sold by the retailer to the consumer, and the parties have agreed that the presence of the consumer is required at the time of service or repair, upon receipt of a request for service or repair under the contract, the retailer and the consumer shall agree, prior to the date of service or repair, on a four-hour period within which the service or repair shall be commenced. Once a delivery, service, or repair time is established, the retailer or the retailer’s agent shall deliver the merchandise to the consumer, or commence service or repair of the merchandise, within that four-hour period. (2) If the merchandise is not delivered, or service or repair are not commenced, within the specified four-hour period, except for delays caused by unforeseen or unavoidable occurrences beyond the control of the retailer, the consumer may bring an action in small claims court against the retailer for lost wages, expenses actually incurred, or other actual damages not exceeding a total of six hundred dollars ($600). (3) No action shall be considered valid if the consumer was not present at the time, within the specified period, when the retailer or the retailer’s agent attempted to make the delivery, service, or repairs or made a diligent attempt to notify the consumer by telephone or in person of its inability to do so because of unforeseen or unavoidable occurrences beyond its control. If notification is by telephone, the retailer or the retailer’s agent shall leave a telephone number for a return telephone call by the consumer to the retailer or its agent, to enable the consumer to arrange a new two-hour period for delivery, service, or repair with the retailer or the retailer’s agent. (4) In any small claims action, logs and other business records maintained by the retailer or the retailer’s agent in the ordinary course of business shall be prima facie evidence of the time period specified for the delivery, service, or repairs and of the time when the merchandise was delivered, or of a diligent attempt by the retailer or the retailer’s agent to notify the consumer of delay caused by unforeseen or unavoidable occurrences. (5) It shall be a defense to the action if a diligent attempt was made to notify the consumer of the delay caused by unforeseen or unavoidable occurrences beyond the control of the retailer or the retailer’s agent, or the retailer or the retailer’s agent was unable to notify the consumer of the delay because of the consumer’s absence or unavailability during the four-hour period, and, in either instance, the retailer or the retailer’s agent makes the delivery, service, or repairs within two hours of a newly agreed upon time or, if the consumer unreasonably declines to arrange a new time for the delivery, service, or repairs. (b) (1) Cable television companies shall inform their subscribers of their right to service connection or repair within a four-hour period, if the presence of the subscriber is required, by offering the four-hour period at the time the subscriber calls for service connection or repair. Whenever a subscriber contracts with a cable television company for a service connection or repair which is to take place at a later date, and the parties have agreed that the presence of the subscriber is required, the cable company and the subscriber shall agree, prior to the date of service connection or repair, on the time for the commencement of the four-hour period for the service connection or repair. (2) If the service connection or repair is not commenced within the specified four-hour period, except for delays caused by unforeseen or unavoidable occurrences beyond the control of the company, the subscriber may bring an action in small claims court against the company for lost wages, expenses actually incurred or other actual damages not exceeding a total of six hundred dollars ($600). (3) No action shall be considered valid if the subscriber was not present at the time, within the specified period, that the company attempted to make the service connection or repair or made a diligent attempt to notify the subscriber by telephone or in person of its inability to do so because of unforeseen or unavoidable occurrences beyond its control. If notification is by telephone, the cable television company or its agent shall leave a telephone number for a return telephone call by the subscriber to the company or its agent, to enable the consumer to arrange a new two-hour period for service connection or repair. (4) In any small claims action, logs and other business records maintained by the company or its agents in the ordinary course of business shall be prima facie evidence of the time period specified for the commencement of the service connection or repair and the time that the company or its agents attempted to make the service connection or repair, or of a diligent attempt by the company to notify the subscriber in person or by telephone of a delay caused by unforeseen or unavoidable occurrences. (5) It shall be a defense to the action if a diligent attempt was made to notify the subscriber of a delay caused by unforeseen or unavoidable occurrences beyond the control of the company or its agents, or the company or its agents were unable to notify the subscriber because of the subscriber’s absence or unavailability during the four-hour period, and, in either instance, the cable television company commenced service or repairs within a newly agreed upon two-hour period. (6) No action shall be considered valid against a cable television company pursuant to this section when the franchise or any local ordinance provides the subscriber with a remedy for a delay in commencement of a service connection or repair and the subscriber has elected to pursue that remedy. If a subscriber elects to pursue his or her remedies against a cable television company under this section, the franchising or state or local licensing authority shall be barred from imposing any fine, penalty, or other sanction against the company, arising out of the same incident. (c) (1) Utilities shall inform their subscribers of their right to service connection or repair within a four-hour period, if the presence of the subscriber is required, by offering the four-hour period at the time the subscriber calls for service connection or repair. Whenever a subscriber contracts with the utility for a service connection or repair, and the parties have agreed that the presence of the subscriber is required, and the subscriber has requested a four-hour appointment, the utility and the subscriber shall agree, prior to the date of service connection or repair, on the time for the commencement of the four-hour period for the service connection or repair. (2) If the service connection or repair is not commenced within the four-hour period provided under paragraph (1) or another period otherwise agreed to by the utility and the subscriber, except for delays caused by unforeseen or unavoidable circumstances beyond the control of the utility, the subscriber may bring an action in small claims court against the utility for lost wages, expenses actually incurred, or other actual damages not exceeding a total of six hundred dollars ($600). (3) No action shall be considered valid if the subscriber was not present at the time, within the specified period, that the utility attempted to make the service connection or repair or made a diligent attempt to notify the subscriber by telephone or in person of its inability to do so because of unforeseen or unavoidable occurrences beyond its control. If notification is by telephone, the utility or its agent shall leave a telephone number for a return telephone call by the subscriber to the utility or its agent, to enable the consumer to arrange a new two-hour period for service connection or repair. (4) In any small claims action, logs and other business records maintained by the utility or its agents in the ordinary course of business shall be prima facie evidence of the time period specified for the commencement of the service connection or repair and of the time that the utility attempted to make the service connection or repair, or of a diligent attempt by a utility to notify the subscriber in person or by telephone of a delay caused by unforeseen or unavoidable occurrences. (5) It shall be a defense to the action if a diligent attempt was made by the utility to notify the subscriber of a delay caused by unforeseen or unavoidable occurrences beyond the control of the utility, and the utility commenced service within a newly agreed upon two-hour period. (d) Any provision of a delivery, service, or repair contract in which the consumer or subscriber agrees to modify or waive any of the rights afforded by this section is void as contrary to public policy. (Amended by Stats. 2002, Ch. 279, Sec. 1. Effective January 1, 2003.)
  123. 1723.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Some retail sellers must clearly display their refund/exchange policy, and the display must describe the policy details.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1723. (a) Every retail seller which sells goods to the public in this state that has a policy as to any of those goods of not giving full cash or credit refunds, or of not allowing equal exchanges, or any combination thereof, for at least seven days following purchase of the goods if they are returned and proof of their purchase is presented, shall conspicuously display that policy either on signs posted at each cash register and sales counter, at each public entrance, on tags attached to each item sold under that policy, or on the retail seller’s order forms, if any. This display shall state the store’s policy, including, but not limited to, whether cash refund, store credit, or exchanges will be given for the full amount of the purchase price; the applicable time period; the types of merchandise which are covered by the policy; and any other conditions which govern the refund, credit, or exchange of merchandise. (b) This section does not apply to food, plants, flowers, perishable goods, goods marked “as is,” “no returns accepted,” “all sales final,” or with similar language, goods used or damaged after purchase, customized goods received as ordered, goods not returned with their original package, and goods which cannot be resold due to health considerations. (c) (1) Any retail store which violates this section shall be liable to the buyer for the amount of the purchase if the buyer returns, or attempts to return, the purchased goods on or before the 30th day after their purchase. (2) Violations of this section shall be subject to the remedies provided in the Consumers Legal Remedies Act (Title 1.5 (commencing with Section 1750) of Part 4). (3) The duties, rights, and remedies provided in this section are in addition to any other duties, rights, and remedies provided by state law. (Added by Stats. 1990, Ch. 422, Sec. 2.)
  124. 1724.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    A person must not sell data obtained through a crime, and a non-authorized person must not buy or use data from a source known or reasonably known to have obtained it through a crime.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1724. (a) As used in this section: (1) “Authorized person” means a person who has come to possess or access the data lawfully and who continues to maintain the legal authority to possess, access, or use that data, under state or federal law, as applicable. (2) “Data” has the same meaning as defined in Section 502 of the Penal Code. (b) It is unlawful for a person to sell data, or sell access to data, that the person has obtained or accessed pursuant to the commission of a crime. (c) It is unlawful for a person, who is not an authorized person, to purchase or use data from a source that the person knows or reasonably should know has obtained or accessed that data through the commission of a crime. (d) This section shall not be construed to limit the constitutional rights of the public, the rights of whistleblowers, and the press regarding matters of public concern, including, but not limited to, those described in Bartnicki v. Vopper, (2001) 532 U.S. 514. (e) This section does not limit providing or obtaining data in an otherwise lawful manner for the purpose of protecting a computer system or data stored in a computer system or protecting an individual from risk of identity theft or fraud. (f) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper. (g) Liability under this section shall not limit or preclude liability under any other law. (h) A violation of this section shall not constitute a crime. (Added by Stats. 2021, Ch. 594, Sec. 1. (AB 1391) Effective January 1, 2022.)
  125. 1725.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. )

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    Retailers accepting negotiable instruments cannot require a credit card, record its number, or contact a card issuer for credit check purposes unless subdivision (c) permits it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 3. OBLIGATIONS IMPOSED BY LAW [1708 - 1725] ( Part 3 enacted 1872. ) ## 1725. (a) Unless permitted under subdivision (c), no person accepting a negotiable instrument as payment in full or in part for goods or services sold or leased at retail shall do any of the following: (1) Require the person paying with a negotiable instrument to provide a credit card as a condition of acceptance of the negotiable instrument, or record the number of the credit card. (2) Require, as a condition of acceptance of the negotiable instrument, or cause the person paying with a negotiable instrument to sign a statement agreeing to allow his or her credit card to be charged to cover the negotiable instrument if returned as no good. (3) Record a credit card number in connection with any part of the transaction described in this subdivision. (4) Contact a credit card issuer to determine if the amount of any credit available to the person paying with a negotiable instrument will cover the amount of the negotiable instrument. (b) For the purposes of this section, the following terms have the following meanings: (1) “Check guarantee card” means a card issued by a financial institution, evidencing an agreement under which the financial institution will not dishonor a check drawn upon itself, under the terms and conditions of the agreement. (2) “Credit card” has the meaning specified in Section 1747.02, and does not include a check guarantee card or a card that is both a credit card and a check guarantee card. (3) “Negotiable instrument” has the meaning specified in Section 3104 of the Commercial Code. (4) “Retail” means a transaction involving the sale or lease of goods or services or both, between an individual, corporation, or other entity regularly engaged in business and a consumer, for use by the consumer and not for resale. (c) This section does not prohibit any person from doing any of the following: (1) Requiring the production of reasonable forms of positive identification, other than a credit card, which may include a driver’s license or a California state identification card, or where one of these is not available, another form of photo identification, as a condition of acceptance of a negotiable instrument. (2) Requesting, but not requiring, a purchaser to voluntarily display a credit card as an indicia of creditworthiness or financial responsibility, or as an additional identification, provided the only information concerning the credit card which is recorded is the type of credit card displayed, the issuer of the card, and the expiration date of the card. All retailers that request the display of a credit card pursuant to this paragraph shall inform the customer, by either of the following methods, that displaying the credit card is not a requirement for check writing: (A) By posting the following notice in a conspicuous location in the unobstructed view of the public within the premises where the check is being written, clearly and legibly: “Check writing ID: credit card may be requested but not required for purchases.” (B) By training and requiring the sales clerks or retail employees requesting the credit card to inform all check writing customers that they are not required to display a credit card to write a check. (3) Requesting production of, or recording, a credit card number as a condition for cashing a negotiable instrument that is being used solely to receive cash back from the person. (4) Requesting, receiving, or recording a credit card number in lieu of requiring a deposit to secure payment in event of default, loss, damage, or other occurrence. (5) Requiring, verifying, and recording the purchaser’s name, address, and telephone number. (6) Requesting or recording a credit card number on a negotiable instrument used to make a payment on that credit card account. (d) This section does not require acceptance of a negotiable instrument whether or not a credit card is presented. (e) Any person who violates this section is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for a first violation, and to a civil penalty not to exceed one thousand dollars ($1,000) for a second or subsequent violation, to be assessed and collected in a civil action brought by the person paying with a negotiable instrument, by the Attorney General, or by the district attorney or city attorney of the county or city in which the violation occurred. However, no civil penalty shall be assessed for a violation of this section if the defendant shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error made notwithstanding the defendant’s maintenance of procedures reasonably adopted to avoid such an error. When collected, the civil penalty shall be payable, as appropriate, to the person paying with a negotiable instrument who brought the action or to the general fund of whichever governmental entity brought the action to assess the civil penalty. (f) The Attorney General, or any district attorney or city attorney within his or her respective jurisdiction, may bring an action in the superior court in the name of the people of the State of California to enjoin violation of subdivision (a) and, upon notice to the defendant of not less than five days, to temporarily restrain and enjoin the violation. If it appears to the satisfaction of the court that the defendant has, in fact, violated subdivision (a), the court may issue an injunction restraining further violations, without requiring proof that any person has been damaged by the violation. In these proceedings, if the court finds that the defendant has violated subdivision (a), the court may direct the defendant to pay any or all costs incurred by the Attorney General, district attorney, or city attorney in seeking or obtaining injunctive relief pursuant to this subdivision. (g) Actions for collection of civil penalties under subdivision (e) and for injunctive relief under subdivision (f) may be consolidated. (Amended by Stats. 1995, Ch. 458, Sec. 1. Effective January 1, 1996.)
  126. 1738.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 1. Definitions [1738- 1738.] ( Chapter 1 added by Stats. 1975, Ch. 953. )

    Verify source ↗

    This section defines key terms for consignment of fine art, including artist, fine art, art dealer, person, and consignment.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 1. Definitions [1738- 1738.] ( Chapter 1 added by Stats. 1975, Ch. 953. ) ## 1738. As used in this title: (a) “Artist” means the person who creates a work of fine art or, if that person is deceased, that person’s heir, legatee, or personal representative. (b) “Fine art” means a painting, sculpture, drawing, work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), a work of calligraphy, or a work in mixed media (including a collage, assemblage, or any combination of the foregoing art media). (c) “Art dealer” means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction. (d) “Person” means an individual, partnership, corporation, limited liability company, association or other group, however organized. (e) “Consignment” means that no title to, estate in, or right to possession of, fine art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee’s power or authority to transfer and convey to a third person all of the right, title and interest of the consignor in and to such fine art. (Amended by Stats. 1994, Ch. 1010, Sec. 31. Effective January 1, 1995.)
  127. 1738.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. )

    Verify source ↗

    The Legislature states that independent wholesale sales representatives are important to the California economy and should receive protection from unjust termination of territorial market areas.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. ) ## 1738.10. The Legislature finds and declares that independent wholesale sales representatives are a key ingredient to the California economy. The Legislature further finds and declares the wholesale sales representatives spend many hours developing their territory in order to properly market their products, and therefore should be provided unique protection from unjust termination of the territorial market areas. Therefore, it is the intent of the Legislature, in enacting this act to provide security and clarify the contractual relations between manufacturers and their nonemployee sales representatives. (Added by Stats. 1990, Ch. 964, Sec. 1.)
  128. 1738.11.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. )

    Verify source ↗

    This chapter is known and cited as the Independent Wholesale Sales Representatives Contractual Relations Act of 1990.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. ) ## 1738.11. This chapter shall be known and cited as the Independent Wholesale Sales Representatives Contractual Relations Act of 1990. (Added by Stats. 1990, Ch. 964, Sec. 1.)
  129. 1738.12.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the chapter, including manufacturer, jobber, distributor, chargeback, and wholesale sales representative.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. ) ## 1738.12. For purposes of this chapter the following terms have the following meaning: (a) “Manufacturer” means any organization engaged in the business of producing, assembling, mining, weaving, importing or by any other method of fabrication, a product tangible or intangible, intended for resale to, or use by the consumers of this state. (b) “Jobber” means any business organization engaged in the business of purchasing products intended for resale and invoicing to purchasers for resale to, or use by, the consumers of this state. (c) “Distributor” means any business organization engaged in offering for sale products which are shipped from its inventory, or from goods in transit to its inventory, to purchasers and intended for resale to, or use by the consumers of this state. (d) “Chargeback” means any deduction taken against the commissions earned by the sales representative which are not required by state or federal law. (e) “Wholesale sales representative” means any person who contracts with a manufacturer, jobber, or distributor for the purpose of soliciting wholesale orders, is compensated, in whole or part, by commission, but shall not include one who places orders or purchases exclusively for his own account for resale and shall not include one who sells or takes orders for the direct sale of products to the ultimate consumer. (Added by Stats. 1990, Ch. 964, Sec. 1.)
  130. 1738.13.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. )

    Verify source ↗

    Certain manufacturers, jobbers, or distributors using commission-based wholesale sales representatives in-state must have a written contract and provide specified contract and payment information.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. ) ## 1738.13. (a) Whenever a manufacturer, jobber, or distributor is engaged in business within this state and uses the services of a wholesale sales representative, who is not an employee of the manufacturer, jobber, or distributor, to solicit wholesale orders at least partially within this state, and the contemplated method of payment involves commissions, the manufacturer, jobber, or distributor shall enter into a written contract with the sales representative. (b) The written contract shall include all of the following: (1) The rate and method by which the commission is computed. (2) The time when commissions will be paid. (3) The territory assigned to the sales representative. (4) All exceptions to the assigned territory and customers therein. (5) What chargebacks will be made against the commissions, if any. (c) The sales representative and the manufacturer, jobber, or distributor shall each be provided with a signed copy of the written contract and the sales representative shall sign a receipt acknowledging receipt of the signed contract. (d) The sales representative shall be provided with the following written information and documentation with payment of the commission: (1) An accounting of the orders for which payment is made, including the customer’s name and invoice number. (2) The rate of commission on each order. (3) Information relating to any chargebacks included in the accounting. (e) No contract shall contain any provision which waives any rights established pursuant to this chapter. Any such waiver is deemed contrary to public policy and void. (Added by Stats. 1990, Ch. 964, Sec. 1.)
  131. 1738.14.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. )

    Verify source ↗

    A nonresident manufacturer, jobber, or distributor that enters a contract covered by this chapter is treated as doing business in the state for personal jurisdiction.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. ) ## 1738.14. A manufacturer, jobber, or distributor who is not a resident of this state, and who enters into a contract regulated by this chapter is deemed to be doing business in this state for purposes of personal jurisdiction. (Added by Stats. 1990, Ch. 964, Sec. 1.)
  132. 1738.15.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. )

    Verify source ↗

    A manufacturer, jobber, or distributor that willfully fails to sign the required written contract or to pay commissions under it can be sued by the sales representative for treble damages.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. ) ## 1738.15. A manufacturer, jobber, or distributor who willfully fails to enter into a written contract as required by this chapter or willfully fails to pay commissions as provided in the written contract shall be liable to the sales representative in a civil action for treble the damages proved at trial. (Added by Stats. 1990, Ch. 964, Sec. 1.)
  133. 1738.16.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. )

    Verify source ↗

    In a civil action brought by the sales representative under this chapter, the prevailing party can recover reasonable attorney’s fees and costs, in addition to any other recovery.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. ) ## 1738.16. In a civil action brought by the sales representative pursuant to this chapter, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other recovery. (Added by Stats. 1990, Ch. 964, Sec. 1.)
  134. 1738.17.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. )

    Verify source ↗

    This chapter does not apply to people licensed under Division 9 of the Business and Professions Code.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1A. INDEPENDENT WHOLESALE SALES REPRESENTATIVES [1738.10 - 1738.17] ( Title 1A added by Stats. 1990, Ch. 964, Sec. 1. ) ## 1738.17. This chapter shall not apply to any person licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code. (Added by Stats. 1990, Ch. 964, Sec. 1.)
  135. 1738.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. )

    Verify source ↗

    A delivery of an artist’s own fine art to an art dealer in this state for exhibition or sale on commission or similar compensation is treated as a consignment, unless it is an outright sale with full payment on delivery.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. ) ## 1738.5. Notwithstanding any custom, practice or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of the artist’s own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee or other basis of compensation, the delivery to and acceptance of such work of fine art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of fine art upon delivery. (Added by Stats. 1975, Ch. 953.)
  136. 1738.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. )

    Verify source ↗

    A fine art consignment makes the art dealer the artist’s agent for sale or exhibition, places the artwork and sale proceeds in trust for the consignor, and makes the consignee responsible for loss or damage.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. ) ## 1738.6. A consignment of a work of fine art shall result in all of the following: (a) The art dealer, after delivery of the work of fine art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art within the State of California. (b) The work of fine art shall constitute property held in trust by the consignee for the benefit of the consignor, and shall not be subject to claim by a creditor of the consignee. (c) The consignee shall be responsible for the loss of, or damage to, the work of fine art. (d) The proceeds from the sale of the work of fine art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing. (Added by Stats. 1975, Ch. 953.)
  137. 1738.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. )

    Verify source ↗

    Fine art received on consignment stays trust property, and if the consignee resells it before paying the consignor in full, the resale proceeds are held in trust for the consignor.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. ) ## 1738.7. A work of fine art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee’s own account until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full. (Added by Stats. 1975, Ch. 953.)
  138. 1738.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. )

    Verify source ↗

    A consignor cannot waive any provision of this title in a contract or agreement; any such waiver is void.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. ) ## 1738.8. Any provision of a contract or agreement whereby the consignor waives any provision of this title is void. (Added by Stats. 1975, Ch. 953.)
  139. 1738.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. )

    Verify source ↗

    This title does not apply to written contracts made before its effective date unless the parties agree in writing, or the contract is later extended or renewed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1. CONSIGNMENT OF FINE ART [1738 - 1738.9] ( Heading of Title 1 renumbered from Title 1.1 by Stats. 1987, Ch. 56, Sec. 16. ) ## CHAPTER 2. General Provisions [1738.5 - 1738.9] ( Chapter 2 added by Stats. 1975, Ch. 953. ) ## 1738.9. This title shall not apply to a written contract executed prior to the effective date of this title, unless either the parties agree by mutual written consent that this title shall apply or such contract is extended or renewed after the effective date of this title. The provisions of this title shall prevail over any conflicting or inconsistent provisions of the Commercial Code affecting the subject matter of this title. (Added by Stats. 1975, Ch. 953.)
  140. 1739.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. )

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    No person may sell, advertise, or offer for sale a political item that is claimed to be an original but is not actually original.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. ) ## 1739. No person shall sell, advertise for sale, or offer for sale any political item which is purported to be an original political item but which is not in fact an original political item. (Added by Stats. 1977, Ch. 69.)
  141. 1739.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. )

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    This section defines “political item” for this title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. ) ## 1739.1. For purposes of this title, a “political item” is any button, ribbon, poster, sticker, literature, or advertising concerning any candidate or ballot proposition in any electoral campaign. (Added by Stats. 1977, Ch. 69.)
  142. 1739.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. )

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    This section defines “original political item” for this title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. ) ## 1739.2. For purposes of this title, an “original political item” is any political item produced during any electoral campaign for use in support of or in opposition to any candidate or ballot proposition before the voters in that campaign. (Added by Stats. 1977, Ch. 69.)
  143. 1739.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. )

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    A political item labeled “copy” or “reproduction” at sale, advertising, or offering for sale must not violate Section 1739.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. ) ## 1739.3. No political item which is labeled “copy” or “reproduction” at the time of sale, advertising for sale, or offering for sale shall violate Section 1739. (Added by Stats. 1977, Ch. 69.)
  144. 1739.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. )

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    A seller who violates this title is liable to the buyer, who may sue for the price paid plus legal interest, and may recover triple damages if the violation was knowing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1. SALE AND MANUFACTURE OF POLITICAL ITEMS [1739 - 1739.4] ( Heading of Title 1.1 renumbered from Title 1.1A by Stats. 1987, Ch. 56, Sec. 17. ) ## 1739.4. (a) A person who offers or sells any political item in violation of this title shall be liable to the person purchasing such political item from him, who may sue to recover the consideration paid for the political item, with interest at the legal rate thereon, upon the tender of the political item. (b) In any case in which a person knowingly offers or sells a political item in violation of this title, the person purchasing such political item may recover from the person who offers or sells such political item an amount equal to three times the amount required under subdivision (a). (c) No action shall be maintained to enforce any liability under this section unless brought within one year after discovery of the violation upon which it is based and in no event more than three years after the political item was sold. (Added by Stats. 1977, Ch. 69.)
  145. 1739.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1A. AUTOGRAPHED MEMORABILIA [1739.7- 1739.7.] ( Heading of Title 1.1A amended by Stats. 2016, Ch. 258, Sec. 1. )

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    Dealers who sell autographed collectibles to consumers must give a written express warranty, keep required records, and post required disclosures; consumers have a three-day cancellation right in covered sales.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.1A. AUTOGRAPHED MEMORABILIA [1739.7- 1739.7.] ( Heading of Title 1.1A amended by Stats. 2016, Ch. 258, Sec. 1. ) ## 1739.7. (a) As used in this section: (1) “Autographed collectible” means an item bearing the signature of a particular person that is sold or offered for sale for fifty dollars ($50) or more, excluding sales tax and shipping fees, when the dealer offers the signed item at a higher price than the dealer would charge for a comparable item without the signature. (2) For purposes of this section, an autographed collectible shall be limited to the following items: (A) Sports items, including, but not limited to, a photograph, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia. (B) Entertainment media items related to music, television, and films, including, but not limited to, a picture, photo, record, compact disc, digital video disc, ticket, program, playbill, clothing, hat, poster, toy, plaque, trading card, musical instrument, or other entertainment memorabilia. (3) For purposes of this section, and notwithstanding paragraph (2), an autographed collectible does not include the following items: (A) Works of fine art, as defined by paragraph (1) of subdivision (d) of Section 982 that are originals or numbered multiples, and signed by the artist or maker. (B) Furniture and decorative objects, including works of pottery, jewelry, and design that are signed by the artist or maker. (C) Signed books, manuscripts, and correspondence, as well as ephemera not related to sports or entertainment media. (D) Signed numismatic items or bullion. (4) “Consumer” means any natural person who purchases an autographed collectible from a dealer for personal, family, or household purposes. “Consumer” also includes a prospective purchaser meeting these criteria. (5) (A) “Dealer” means a person who is in the business of selling or offering for sale autographed collectibles exclusively or nonexclusively, and sells three or more autographed collectibles in a period of 12 months. “Dealer” includes an auctioneer or auction company that sells autographed collectibles at a public auction. “Dealer” includes a person engaged in a mail-order, telephone-order, online, or television business for the sale of autographed collectibles. (B) “Dealer” does not include any of the following: (i) A pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, if the autographed collectible was acquired through a foreclosure on a collateral loan, provided that the pawnbroker does not hold himself or herself out as having knowledge or skill peculiar to autographed collectibles. (ii) The person who autographed the collectible. (6) “Limited edition” means any autographed collectible that meets all of the following requirements: (A) A company has produced a specific quantity of an autographed collectible and placed it on the open market. (B) The producer of the autographed collectible has posted a notice, at its primary place of business, that it will provide any consumer, upon request, with a copy of a notice that states the exact number of an autographed collectible produced in that series of limited editions. (C) The producer makes available, upon request of a consumer, evidence that the electronic encoding, films, molds, or plates used to create the autographed collectible have been destroyed after the specified number of autographed collectibles have been produced. (D) The sequence number of the autographed collectible and the number of the total quantity produced in the limited edition are printed on the autographed collectible. (7) “Person” means any natural person, partnership, corporation, limited liability company, company, trust, association, or other entity, however organized. (8) “Representation” means any oral or written representation, including, but not limited to, a representation in an advertisement, brochure, catalog, flyer, invoice, sign, radio or television broadcast, online communication, Internet Web page, email, or other commercial or promotional material. (9) “Auctioneer” means an auctioneer as defined in subdivision (d) of Section 1812.601, or a representative or agent of an auctioneer. (10) “Auction company” means an auction company as defined in subdivision (c) of Section 1812.601, or a representative or agent of an auction company. (b) A dealer who, in selling or offering to sell to a consumer an autographed collectible, makes a representation to a consumer that the signature on the autographed collectible is the authentic signature of a particular person in that person’s own hand, shall furnish an express warranty to the consumer at the time of sale. The dealer shall retain a copy of the express warranty for not less than seven years. The express warranty, which may be included in the bill of sale or invoice, shall meet all of the following criteria: (1) Is written in at least 10-point type. (2) Is signed by the dealer or his or her authorized agent, and contains the dealer’s true legal name, business street address, and the last four digits of the dealer’s seller’s permit account number from the California Department of Tax and Fee Administration, if applicable. (3) Specifies the date of sale and the purchase price. (4) Describes the autographed collectible and specifies the name of the person who autographed it. (5) Expressly warrants the autographed collectible as authentic, and that the warranty is conclusively presumed to be part of the bargain. The warranty shall not be negated or limited by reason of the lack of words such as “warranty” or “guarantee” or because the dealer does not have a specific intent or authorization to make the warranty or because any statement relevant to the autographed collectible is or purports to be, or is capable of being, merely the dealer’s opinion. (6) If the autographed collectible is offered as one of a limited edition, specifies (A) how the autographed collectible and edition are numbered and (B) the size of the edition and the size of any prior or anticipated future edition, if known by the dealer. If the size of the edition and the size of any prior or anticipated future edition is not known, the warranty shall contain an explicit statement to that effect. (7) Indicates whether the dealer is surety bonded or is otherwise insured to protect the consumer against errors and omissions of the dealer and, if bonded or insured, provides proof thereof. (8) Indicates if the autographed collectible was autographed in the presence of the dealer, and any proof thereof. Specify the date and location of, and the name of a witness to, the autograph signing, if known, and applicable. (9) Identifies all information upon which the dealer relied when making the representation that the autographed collectible is authentic. (10) Indicates an identifying serial number that corresponds to an identifying number printed on the autographed collectible item, if any. (11) Indicates whether the item was obtained or purchased from a third party. (c) The dealer shall retain, after January 1, 2018, a record of the name and address of the third party, as described in paragraph (11) of subdivision (b). This third-party information may be discoverable during a civil dispute. However, nothing in this subdivision prohibits a party from objecting to a discovery request on the grounds of a right to privacy. This third-party information shall be kept on file for seven years. (d) (1) In addition to any other right or remedy provided under existing law, including, but not limited to, any rights and remedies provided under contract law, a consumer shall have the right to cancel the contract for the purchase of an autographed collectible represented by a dealer as authentic until midnight of the third day after the day on which the consumer purchased the autographed collectible. Notice of the cancellation may be provided in person or in a written or electronic form, and is deemed effective once communicated or sent. The autographed collectible shall be returned to the dealer within 30 days of the sale in the same condition in which it was sold, the cost of which shall be borne by the consumer. The price paid by the consumer shall be refunded within 10 days of receipt of the returned autographed collectible. Nothing in this section prevents the parties from agreeing to cancel a contract after midnight of the third day after the day on which the consumer purchases the autographed collectible. (2) This subdivision does not apply to the following: (A) Autographed collectibles sold by an auctioneer or auction company at auction. (B) Autographed collectibles purchased by barter or trade of other items. (C) Autographed collectibles sold at a trade show. (D) Autographed collectibles sold by one dealer to another dealer. (e) (1) No dealer shall display or offer for sale an autographed collectible unless, at the location where the autographed collectible is offered for sale and in close proximity to the autographed collectible merchandise, there is a conspicuous sign that reads as follows: “SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE AND A THREE-DAY RIGHT OF RETURN. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.” (2) This subdivision does not apply to an autographed collectible sold by an auctioneer or auction company at auction or an autographed collectible sold at a trade show. (f) No dealer selling at a trade show, nor an auctioneer or auction company shall display or offer for sale an autographed collectible unless, at the location where the autographed collectible is offered for sale and in close proximity to the autographed collectible merchandise, there is a conspicuous sign that reads as follows: “SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.” (g) Any dealer engaged in a mail-order, telephone-order, or online business for the sale of autographed collectibles: (1) Shall include the disclosure specified in subdivision (e), in type of conspicuous size, in any written advertisement relating to an autographed collectible. (2) Shall include in each television or online advertisement relating to an autographed collectible the following written onscreen message, which shall be prominently displayed, easily readable, and clearly visible for no less than five seconds, and which shall be repeated for five seconds once during each four-minute segment of the advertisement following the initial four minutes: “A written express warranty is provided with each autographed collectible, as required by law. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any autographed collectible sold by this dealer.” (3) Shall include as part of the oral message of each radio advertisement for an autographed collectible the disclosure specified in subdivision (e). (h) In a civil action brought by a consumer against a dealer, the following shall apply: (1) A dealer who fails to provide an express warranty, or provides an express warranty that does not comply with all of the requirements of subdivision (b), shall be subject to a civil penalty of up to one thousand dollars ($1,000), payable to the consumer. (2) A dealer who provides a false express warranty that injures the consumer shall be subject to a civil penalty of up to one thousand dollars ($1,000) payable to the consumer. (3) A dealer who provides a false express warranty and whose act or omission amounts to gross negligence that injures the consumer, shall be subject to a civil penalty of three thousand dollars ($3,000), or an amount equal to three times actual damages, whichever is greater, payable to the consumer. (4) A dealer who knowingly provides a false express warranty, or knowingly fails to provide an express warranty required by this section, and whose act or omission results in an injury to a consumer shall be subject to a civil penalty of five thousand dollars ($5,000), or an amount equal to five times actual damages, whichever is greater, payable to the consumer. (5) A consumer may recover court costs, reasonable attorney’s fees, interest, and expert witness fees, if applicable, pursuant to an action described in paragraphs (2) to (4), inclusive. (6) The remedies specified in this section are in addition to, and not in lieu of, any other remedy that may be provided by law. The court, in its discretion, may award punitive damages based on the egregiousness of the dealer’s conduct. (i) A dealer may be surety bonded or otherwise insured for purposes of indemnification against errors and omissions arising from the authentication, sale, or resale of autographed collectibles. (j) It is the intent of the Legislature that neither the amendment to this section by Assembly Bill 1570 of the 2015–2016 Regular Session, adding an exclusion of a provider or operator of an online marketplace to the definition of a dealer, nor the amendment to this section by Assembly Bill 228 of the 2017–2018 Regular Session, removing that exclusion from the definition of a dealer, be construed to affect the decision of the Court of Appeal in Gentry v. eBay, Inc. (2002) 99 Cal.App.4th 816. (Amended by Stats. 2017, Ch. 696, Sec. 1. (AB 228) Effective October 12, 2017.)
  146. 1740.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 1. General Provisions [1740 - 1741] ( Chapter 1 added by Stats. 1970, Ch. 1223. )

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    This section defines key terms used in the title on sale of fine prints, including fine art multiple, fine print, master, artist, art dealer, limited edition, proofs, certificate of authenticity, and person.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 1. General Provisions [1740 - 1741] ( Chapter 1 added by Stats. 1970, Ch. 1223. ) ## 1740. As used in this title: (a) “Fine art multiple” or “multiple” for the purposes of this title means any fine print, photograph (positive or negative), sculpture cast, collage, or similar art object produced in more than one copy. Pages or sheets taken from books and magazines and offered for sale or sold as art objects shall be included, but books and magazines shall be excluded. (b) “Fine print” or “print” means a multiple produced by, but not limited to, engraving, etching, woodcutting, lithography, and serigraphy, and means multiples produced or developed from photographic negatives, or any combination thereof. (c) “Master” is used in lieu of and has the same meaning as a printing plate, stone, block, screen, photographic negative, or mold or other process as to a sculpture, which contains an image used to produce fine art objects in multiples. (d) “Artist” means the person who created the image which is contained in, or constitutes, the master or conceived of, and approved the image which is contained in, or constitutes, the master. (e) Whether a multiple is “signed” or “unsigned” as these terms are used in this title relating to prints and photographs, depends upon whether or not the multiple was autographed by the artist’s own hand, and not by mechanical means, after the multiple was produced, irrespective of whether it was signed or unsigned in the plate. (f) “Impression” means each individual fine art multiple made by printing, stamping, casting, or any other process. (g) “Art dealer” means a person who is in the business of dealing, exclusively or nonexclusively, in the fine art multiples to which this title is applicable, or a person who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to these works, or to whom that knowledge or skill may be attributed by his or her employment of an agent or other intermediary who by his or her occupation holds himself or herself out as having that knowledge or skill. The term “art dealer” includes an auctioneer who sells these works at public auction, but excludes persons, not otherwise defined or treated as art dealers herein, who are consignors or principals of auctioneers. (h) “Limited edition” means fine art multiples produced from a master, all of which are the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples, or are otherwise held out as limited to a maximum number of multiples. (i) “Proofs” means multiples which are the same as, and which are produced from the same master as, the multiples in a limited edition, but which, whether so designated or not, are set aside from and are in addition to the limited edition to which they relate. (j) “Certificate of authenticity” means a written or printed description of the multiple which is to be sold, exchanged, or consigned by an art dealer. Every certificate shall contain the following statement: “This is to certify that all information and the statements contained herein are true and correct.” (k) “Person” means an individual, partnership, corporation, limited liability company, association, or other entity, however organized. (Amended by Stats. 1994, Ch. 1010, Sec. 33. Effective January 1, 1995.)
  147. 1741.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 1. General Provisions [1740 - 1741] ( Chapter 1 added by Stats. 1970, Ch. 1223. )

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    This title applies to fine art multiples sold or offered for sale at wholesale or retail for $100 or more, not counting any frame.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 1. General Provisions [1740 - 1741] ( Chapter 1 added by Stats. 1970, Ch. 1223. ) ## 1741. This title shall apply to any fine art multiple when offered for sale or sold at wholesale or retail for one hundred dollars ($100) or more, exclusive of any frame. (Amended by Stats. 1982, Ch. 1320, Sec. 2.)
  148. 1742.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. )

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    Art dealers must give purchasers the required authenticity and disclosure information for multiples, including before sale in some situations, and artists must also disclose it when selling their own works.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. ) ## 1742. (a) An art dealer shall not sell or consign a multiple into or from this state unless a certificate of authenticity is furnished to the purchaser or consignee, at his or her request, or in any event prior to a sale or consignment, which sets forth as to each multiple, the descriptive information required by Section 1744 for any period. If a prospective purchaser so requests, the certificate shall be transmitted to him or her prior to the payment or placing of an order for a multiple. If payment is made by a purchaser prior to delivery of such a multiple, this certificate shall be supplied at the time of or prior to delivery. With respect to auctions, this information may be furnished in catalogues or other written materials which are made readily available for consultation and purchase prior to sale, provided that a bill of sale, receipt, or invoice describing the transaction is then provided which makes reference to the catalogue and lot number in which this information is supplied. Information supplied pursuant to this subdivision shall be clearly, specifically and distinctly addressed to each of the items listed in Section 1744 unless the required data is not applicable. This section is applicable to transactions by and between art dealers and others considered to be art dealers for the purposes of this title. (b) An art dealer shall not cause a catalogue, prospectus, flyer, or other written material or advertisement to be distributed in, into, or from this state which solicits a direct sale, by inviting transmittal of payment for a specific multiple, unless it clearly sets forth, in close physical proximity to the place in such material where the multiple is described, the descriptive information required by Section 1744 for any time period. In lieu of this required information, the written material or advertising may set forth the material contained in the following quoted passage, or the passage itself, if the art dealer then supplies the required information prior to or with delivery of the multiple. The nonobservance of the terms within the following passage shall constitute a violation of this title: “California law provides for disclosure in writing of information concerning certain fine prints, photographs, and sculptures prior to effecting a sale of them. This law requires disclosure of such matters as the identity of the artist, the artist’s signature, the medium, whether the multiple is a reproduction, the time when the multiple was produced, use of the plate which produced the multiple, and the number of multiples in a “limited edition.” If a prospective purchaser so requests, the information shall be transmitted to him or her prior to payment, or the placing of an order for a multiple. If payment is made by a purchaser prior to delivery of the multiple, this information will be supplied at the time of or prior to delivery, in which case the purchaser is entitled to a refund if, for reasons related to matter contained in such information, he or she returns the multiple in the condition in which received, within 30 days of receiving it. In addition, if after payment and delivery, it is ascertained that the information provided is incorrect, the purchaser may be entitled to certain remedies, including refund upon return of the multiple in the condition in which received.” This requirement is not applicable to general written material or advertising which does not constitute an offer to effect a specific sale. (c) In each place of business in the state where an art dealer is regularly engaged in sales of multiples, the art dealer shall post in a conspicuous place, a sign which, in a legible format, contains the information included in the following passage: “California law provides for the disclosure in writing of certain information concerning prints, photographs, and sculpture casts. This information is available to you, and you may request to receive it prior to purchase.” (d) If an art dealer offering multiples by means of a catalogue, prospectus, flyer or other written material or advertisement distributed in, into or from this state disclaims knowledge as to any relevant detail referred to in Section 1744, he or she shall so state specifically and categorically with regard to each such detail to the end that the purchaser shall be enabled to judge the degree of uniqueness or scarcity of each multiple contained in the edition so offered. Describing the edition as an edition of “reproductions” eliminates the need to furnish further informational details unless the edition was allegedly published in a signed, numbered, or limited edition, or any combination thereof, in which case all of the informational details are required to be furnished. (e) Whenever an artist sells or consigns a multiple of his or her own creation or conception, the artist shall disclose the information required by Section 1744, but an artist shall not otherwise be regarded as an art dealer. (Amended by Stats. 1988, Ch. 819, Sec. 2.)
  149. 1742.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. )

    Verify source ↗

    A charitable organization selling or auctioning fine art multiples is exempt from this title’s disclosure requirements if it posts and, if it has one, includes a disclaimer in its catalogue. If the organization uses an art dealer, the art dealer must still comply with the disclosure rules that apply to art dealers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. ) ## 1742.6. Any charitable organization which conducts a sale or auction of fine art multiples shall be exempt from the disclosure requirements of this title if it posts in a conspicuous place, at the site of the sale or auction, a disclaimer of any knowledge of the information specified in Section 1744, and includes such a disclaimer in a catalogue, if any, distributed by the organization with respect to the sale or auction of fine art multiples. If a charitable organization uses or employs an art dealer to conduct a sale or auction of fine art multiples, the art dealer shall be subject to all disclosure requirements otherwise required of an art dealer under this title. (Added by Stats. 1982, Ch. 1320, Sec. 4.)
  150. 1744.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. )

    Verify source ↗

    For covered fine-print transactions, a certificate of authenticity must include specified information, with some items omitted for older works and a warranty added for certain limited editions sold after January 1, 1983.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. ) ## 1744. (a) Except as provided in subdivisions (c), (d), (e), and otherwise in this title, a certificate of authenticity containing the following informational details shall be required to be supplied in all transactions covered by subdivisions (a), (b), and (e) of Section 1742: (1) The name of the artist. (2) If the artist’s name appears on the multiple, a statement whether the multiple was signed by the artist. If the multiple was not signed by the artist, a statement of the source of the artist’s name on the multiple, such as whether the artist placed his signature on the multiple or on the master, whether his name was stamped or estate stamped on the multiple or on the master, or was from some other source or in some other manner placed on the multiple or on the master. (3) A description of the medium or process, and where pertinent to photographic processes, the material used in producing the multiple, such as whether the multiple was produced through the etching, engraving, lithographic, serigraphic, or a particular method or material used in photographic developing processes. If an established term, in accordance with the usage of the trade, cannot be employed accurately to describe the medium or process, a brief, clear description shall be made. (4) If the multiple or the image on or in the master constitutes, as to prints and photographs, a photomechanical or photographic type of reproduction, or as to sculptures a surmoulage or other form of reproduction of sculpture cases, of an image produced in a different medium, for a purpose other than the creation of the multiple being described, a statement of this information and the respective mediums. (5) If paragraph (4) is applicable, and the multiple is not signed, a statement whether the artist authorized or approved in writing the multiple or the edition of which the multiple being described is one. (6) If the purported artist was deceased at the time the master was made which produced the multiple, this shall be stated. (7) If the multiple is a “posthumous” multiple, that is, if the master was created during the life of the artist but the multiple was produced after the artist’s death, this shall be stated. (8) If the multiple was made from a master which produced a prior limited edition, or from a master which constitutes or was made from a reproduction or surmoulage of a prior multiple or the master which produced the prior limited edition, this shall be stated as shall the total number of multiples, including proofs, of all other editions produced from that master. (9) As to multiples produced after 1949, the year, or approximate year, the multiple was produced shall be stated. As to multiples produced prior to 1950, state the year, approximate year or period when the master was made which produced the multiple and when the particular multiple being described was produced. The requirements of this subdivision shall be satisfied when the year stated is approximately accurate. (10) Whether the edition is being offered as a limited edition, and if so: (i) the authorized maximum number of signed or numbered impressions, or both, in the edition; (ii) the authorized maximum number of unsigned or unnumbered impressions, or both, in the edition; (iii) the authorized maximum number of artist’s, publisher’s or other proofs, if any, outside of the regular edition; and (iv) the total size of the edition. (11) Whether or not the master has been destroyed, effaced, altered, defaced, or canceled after the current edition. (b) If the multiple is part of a limited edition, and was printed after January 1, 1983, the statement of the size of the limited edition, as stated pursuant to paragraph (10) of subdivision (a) of Section 1744 shall also constitute an express warranty that no additional multiples of the same image, including proofs, have been produced in this or in any other limited edition. (c) If the multiple was produced in the period from 1950 to the effective date of this section, the information required to be supplied need not include the information required by paragraphs (5) and (8) of subdivision (a). (d) If the multiple was produced in the period from 1900 to 1949, the information required to be supplied need only consist of the information required by paragraphs (1), (2), (3), and (9) of subdivision (a). (e) If the multiple was produced before the year 1900, the information to be supplied need only consist of the information required by paragraphs (1), (3), and (9) of subdivision (a). (Amended by Stats. 1988, Ch. 819, Sec. 3.)
  151. 1744.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. )

    Verify source ↗

    For covered fine-print sales transactions, an art dealer’s provided information becomes part of the bargain and creates express warranties.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. ) ## 1744.7. Whenever an art dealer furnishes the name of the artist pursuant to Section 1744 for any time period after 1949, and otherwise furnishes information required by any of the subdivisions of Section 1744 for any time period, as to transactions including offers, sales, or consignments made to other than art dealers, and to other art dealers, such information shall be a part of the basis of the bargain and shall create express warranties as to the information provided. Such warranties shall not be negated or limited because the art dealer in the written instrument did not use formal words such as “warrant” or “guarantee” or because the art dealer did not have a specific intention or authorization to make a warranty or because any required statement is, or purports to be, or is capable of being merely the seller’s opinion. The existence of a basis in fact for information warranted by virtue of this subdivision shall not be a defense in an action to enforce such warranty. However, with respect to photographs and sculptures produced prior to 1950, and other multiples produced prior to 1900, as to information required by paragraphs (3), (4), (5), and (6) of subdivision (a) of Section 1744, the art dealer shall be deemed to have satisfied this section if a reasonable basis in fact existed for the information provided. When information is not supplied as to any subdivision or paragraph of Section 1744 because not applicable, this shall constitute the express warranty that the paragraph is not applicable. Whenever an art dealer disclaims knowledge as to a particular item about which information is required, such disclaimer shall be ineffective unless clearly, specifically, and categorically stated as to the particular item and contained in the physical context of other language setting forth the required information as to a specific multiple. (Added by Stats. 1982, Ch. 1320, Sec. 6.)
  152. 1744.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. )

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    An artist or art dealer who consigns a multiple for sale is not liable to the purchaser if the consignor has complied with this title; an art dealer acting as seller’s agent in the listed situations takes on the liabilities of other art dealers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 2. Full Disclosure in the Sale of Fine Prints [1742 - 1744.9] ( Chapter 2 added by Stats. 1970, Ch. 1223. ) ## 1744.9. (a) An artist or art dealer who consigns a multiple to an art dealer for the purpose of effecting a sale of the multiple, shall have no liability to a purchaser under this article if the consignor, as to the consignee, has complied with the provisions of this title. (b) When an art dealer has agreed to sell a multiple on behalf of a consignor, who is not an art dealer, or an artist has not consigned a multiple to an art dealer but the art dealer has agreed to act as the agent for an artist for the purpose of supplying the information required by this title, the art dealer shall incur the liabilities of other art dealers prescribed by this title, as to a purchaser. (Added by Stats. 1982, Ch. 1320, Sec. 7.)
  153. 1745.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 3. Remedies and Penalties [1745 - 1745.5] ( Chapter 3 added by Stats. 1970, Ch. 1223. )

    Verify source ↗

    Art dealers who sell certain multiples in or from this state must provide the required certificate of authenticity, or they may owe the purchaser refunds, interest, and possibly treble damages for willful violations.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 3. Remedies and Penalties [1745 - 1745.5] ( Chapter 3 added by Stats. 1970, Ch. 1223. ) ## 1745. (a) An art dealer, including a dealer consignee, who offers or sells a multiple in, into or from this state without providing the certificate of authenticity required in Sections 1742 and 1744 of this title for any time period, or who provides information which is mistaken, erroneous or untrue, except for harmless errors, such as typographical errors, shall be liable to the purchaser of the multiple. The art dealer’s liability shall consist of the consideration paid by the purchaser for the multiple, with interest at the legal rate thereon, upon the return of the multiple in the condition in which received by the purchaser. (b) In any case in which an art dealer, including a dealer consignee, willfully offers or sells a multiple in violation of this title, the person purchasing such multiple may recover from the art dealer, including a dealer consignee, who offers or sells such multiple an amount equal to three times the amount required under subdivision (a). (c) No action shall be maintained to enforce any liability under this section unless brought within one year after discovery of the violation upon which it is based and in no event more than three years after the multiple was sold. (d) In any action to enforce any provision of this title, the court may allow the prevailing purchaser the costs of the action together with reasonable attorneys’ and expert witnesses’ fees. In the event, however, the court determines that an action to enforce was brought in bad faith, it may allow such expenses to the seller as it deems appropriate. (e) These remedies shall not bar or be deemed inconsistent with a claim for damages or with the exercise of additional remedies otherwise available to the purchaser. (f) In any proceeding in which an art dealer relies upon a disclaimer of knowledge as to any relevant information set forth in Section 1744 for any time period, such disclaimer shall be effective unless the claimant is able to establish that the art dealer failed to make reasonable inquiries, according to the custom and usage of the trade, to ascertain the relevant information or that such relevant information would have been ascertained as a result of such reasonable inquiries. (Amended by Stats. 1988, Ch. 819, Sec. 4.)
  154. 1745.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 3. Remedies and Penalties [1745 - 1745.5] ( Chapter 3 added by Stats. 1970, Ch. 1223. )

    Verify source ↗

    People who violate this title can be enjoined, and violators may face civil penalties and a penalty surcharge of up to $1,000 per violation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2. SALE OF FINE PRINTS [1740 - 1745.5] ( Title 1.2 added by Stats. 1970, Ch. 1223. ) ## CHAPTER 3. Remedies and Penalties [1745 - 1745.5] ( Chapter 3 added by Stats. 1970, Ch. 1223. ) ## 1745.5. (a) Any person performing or proposing to perform an act in violation of this title within this state may be enjoined in any court of competent jurisdiction. (b) Actions for injunction pursuant to this title may be prosecuted by the following persons: (1) The Attorney General. (2) Any district attorney. (3) Any city attorney. (4) With the consent of the district attorney, a city prosecutor in any city or city and county having a full-time city prosecutor in the name of the people of the State of California upon their own complaint, or upon the complaint of any board, officer, person, corporation, or association. (5) Any person acting in his or her own interests, or in the interests of the members of a corporation or association, or in the interests of the general public. (c) Any person who violates any provision of this title may also be liable for a civil penalty not to exceed one thousand dollars ($1,000) for each violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney or any city attorney, and, with the consent of the district attorney, by a city prosecutor in any city or city and county having a full-time city prosecutor in any court of competent jurisdiction. If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If brought by a district attorney, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. (d) Any person who violates any provision of this title may also be liable for a civil penalty surcharge not to exceed one thousand dollars ($1,000) for each violation which shall be assessed and recovered in the manner provided in subdivision (c). Any penalty surcharge collected shall be applied to the costs of enforcing this title by the prosecuting officer. (Amended by Stats. 1988, Ch. 819, Sec. 5.)
  155. 1746.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. )

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    This section defines terms used for violent video games, minors, people, and related concepts like heinous, cruel, depraved, torture, and serious physical abuse.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. ) ## 1746. For purposes of this title, the following definitions shall apply: (a) “Minor” means any natural person who is under 18 years of age. (b) “Person” means any natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. (c) “Video game” means any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, that interacts with the user of the device. (d) (1) “Violent video game” means a video game in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being, if those acts are depicted in the game in a manner that does either of the following: (A) Comes within all of the following descriptions: (i) A reasonable person, considering the game as a whole, would find appeals to a deviant or morbid interest of minors. (ii) It is patently offensive to prevailing standards in the community as to what is suitable for minors. (iii) It causes the game, as a whole, to lack serious literary, artistic, political, or scientific value for minors. (B) Enables the player to virtually inflict serious injury upon images of human beings or characters with substantially human characteristics in a manner which is especially heinous, cruel, or depraved in that it involves torture or serious physical abuse to the victim. (2) For purposes of this subdivision, the following definitions apply: (A) “Cruel” means that the player intends to virtually inflict a high degree of pain by torture or serious physical abuse of the victim in addition to killing the victim. (B) “Depraved” means that the player relishes the virtual killing or shows indifference to the suffering of the victim, as evidenced by torture or serious physical abuse of the victim. (C) “Heinous” means shockingly atrocious. For the killing depicted in a video game to be heinous, it must involve additional acts of torture or serious physical abuse of the victim as set apart from other killings. (D) “Serious physical abuse” means a significant or considerable amount of injury or damage to the victim’s body which involves a substantial risk of death, unconsciousness, extreme physical pain, substantial disfigurement, or substantial impairment of the function of a bodily member, organ, or mental faculty. Serious physical abuse, unlike torture, does not require that the victim be conscious of the abuse at the time it is inflicted. However, the player must specifically intend the abuse apart from the killing. (E) “Torture” includes mental as well as physical abuse of the victim. In either case, the virtual victim must be conscious of the abuse at the time it is inflicted; and the player must specifically intend to virtually inflict severe mental or physical pain or suffering upon the victim, apart from killing the victim. (3) Pertinent factors in determining whether a killing depicted in a video game is especially heinous, cruel, or depraved include infliction of gratuitous violence upon the victim beyond that necessary to commit the killing, needless mutilation of the victim’s body, and helplessness of the victim. (Added by Stats. 2005, Ch. 638, Sec. 2. Effective January 1, 2006.)
  156. 1746.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. )

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    A person may not sell or rent a violent video game to a minor.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. ) ## 1746.1. (a) A person may not sell or rent a video game that has been labeled as a violent video game to a minor. (b) Proof that a defendant, or his or her employee or agent, demanded, was shown, and reasonably relied upon evidence that a purchaser or renter of a violent video game was not a minor or that the manufacturer failed to label a violent video game as required pursuant to Section 1746.2 shall be an affirmative defense to any action brought pursuant to this title. That evidence may include, but is not limited to, a driver’s license or an identification card issued to the purchaser or renter by a state or by the Armed Forces of the United States. (c) This section shall not apply if the violent video game is sold or rented to a minor by the minor’s parent, grandparent, aunt, uncle, or legal guardian. (Added by Stats. 2005, Ch. 638, Sec. 2. Effective January 1, 2006.)
  157. 1746.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. )

    Verify source ↗

    Violent video games imported into or distributed in California for retail sale must be labeled with a solid white “18” outlined in black.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. ) ## 1746.2. Each violent video game that is imported into or distributed in California for retail sale shall be labeled with a solid white “18” outlined in black. The “18” shall have dimensions of no less than 2 inches by 2 inches. The “18” shall be displayed on the front face of the video game package. (Added by Stats. 2005, Ch. 638, Sec. 2. Effective January 1, 2006.)
  158. 1746.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. )

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    A person who violates this title can be liable for up to $1,000, unless the person is only a salesclerk or similar employee with no ownership interest and not a manager.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. ) ## 1746.3. Any person who violates any provision of this title shall be liable in an amount of up to one thousand dollars ($1,000), or a lesser amount as determined by the court. However, this liability shall not apply to any person who violates those provisions if he or she is employed solely in the capacity of a salesclerk or other, similar position and he or she does not have an ownership interest in the business in which the violation occurred and is not employed as a manager in that business. (Added by Stats. 2005, Ch. 638, Sec. 2. Effective January 1, 2006.)
  159. 1746.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. )

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    Certain adults may report suspected violations, and city attorneys, county counsel, or district attorneys may prosecute violations.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. ) ## 1746.4. A suspected violation of this title may be reported to a city attorney, county counsel, or district attorney by a parent, legal guardian, or other adult acting on behalf of a minor to whom a violent video game has been sold or rented. A violation of this title may be prosecuted by any city attorney, county counsel, or district attorney. (Added by Stats. 2005, Ch. 638, Sec. 2. Effective January 1, 2006.)
  160. 1746.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. )

    Verify source ↗

    This title is severable, and if one provision or its application is invalid, the rest can still stand if they work without it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.2A. VIOLENT VIDEO GAMES [1746 - 1746.5] ( Title 1.2A added by Stats. 2005, Ch. 638, Sec. 2. ) ## 1746.5. The provisions of this title are severable. If any provision of this title or its application is held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2005, Ch. 638, Sec. 2. Effective January 1, 2006.)
  161. 1747.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    This title may be cited as the “Song-Beverly Credit Card Act of 1971.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747. This title may be cited as the “Song-Beverly Credit Card Act of 1971.” (Added by Stats. 1971, Ch. 1019.)
  162. 1747.01.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    This section says provisions in this title that have similar federal rules should be written and interpreted to match the federal Truth in Lending Act.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.01. It is the intent of the Legislature that the provisions of this title as to which there are similar provisions in the federal Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.), essentially conform, and be interpreted by anyone construing the provisions of this title to so conform, to the Truth in Lending Act and any rule, regulation, or interpretation promulgated thereunder by the Board of Governors of the Federal Reserve System, and any interpretation issued by an official or employee of the Federal Reserve System duly authorized to issue such interpretation. (Added by Stats. 1982, Ch. 545, Sec. 1.)
  163. 1747.02.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    This section defines key credit card terms, including credit card, accepted credit card, card issuer, cardholder, retailer, unauthorized use, inquiry, response, billing error, and related devices.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.02. As used in this title: (a) “Credit card” means any card, plate, coupon book, or other single credit device existing for the purpose of being used from time to time upon presentation to obtain money, property, labor, or services on credit. “Credit card” does not mean any of the following: (1) Any single credit device used to obtain telephone property, labor, or services in any transaction under public utility tariffs. (2) Any device that may be used to obtain credit pursuant to an electronic fund transfer, but only if the credit is obtained under an agreement between a consumer and a financial institution to extend credit when the consumer’s asset account is overdrawn or to maintain a specified minimum balance in the consumer’s asset account. (3) Any key or card key used at an automated dispensing outlet to obtain or purchase petroleum products, as defined in subdivision (c) of Section 13401 of the Business and Professions Code, that will be used primarily for business rather than personal or family purposes. (b) “Accepted credit card” means any credit card that the cardholder has requested or applied for and received or has signed, or has used, or has authorized another person to use, for the purpose of obtaining money, property, labor, or services on credit. Any credit card issued in renewal of, or in substitution for, an accepted credit card becomes an accepted credit card when received by the cardholder, whether the credit card is issued by the same or a successor card issuer. (c) “Card issuer” means any person who issues a credit card or the agent of that person for that purpose with respect to the credit card. (d) “Cardholder” means a natural person to whom a credit card is issued for consumer credit purposes, or a natural person who has agreed with the card issuer to pay consumer credit obligations arising from the issuance of a credit card to another natural person. For purposes of Sections 1747.05, 1747.10, and 1747.20, the term includes any person to whom a credit card is issued for any purpose, including business, commercial, or agricultural use, or a person who has agreed with the card issuer to pay obligations arising from the issuance of that credit card to another person. (e) “Retailer” means every person other than a card issuer who furnishes money, goods, services, or anything else of value upon presentation of a credit card by a cardholder. “Retailer” shall not mean the state, a county, city, city and county, or any other public agency. (f) “Unauthorized use” means the use of a credit card by a person, other than the cardholder, (1) who does not have actual, implied, or apparent authority for that use and (2) from which the cardholder receives no benefit. “Unauthorized use” does not include the use of a credit card by a person who has been given authority by the cardholder to use the credit card. Any attempted termination by the cardholder of the person’s authority is ineffective as against the card issuer until the cardholder complies with the procedures required by the card issuer to terminate that authority. Notwithstanding the above, following the card issuer’s receipt of oral or written notice from a cardholder indicating that it wishes to terminate the authority of a previously authorized user of a credit card, the card issuer shall follow its usual procedures for precluding any further use of a credit card by an unauthorized person. (g) An “inquiry” is a writing that is posted by mail to the address of the card issuer to which payments are normally tendered, unless another address is specifically indicated on the statement for that purpose, then to that other address, and that is received by the card issuer no later than 60 days after the card issuer transmitted the first periodic statement that reflects the alleged billing error, and that does all of the following: (1) Sets forth sufficient information to enable the card issuer to identify the cardholder and the account. (2) Sufficiently identifies the billing error. (3) Sets forth information providing the basis for the cardholder’s belief that the billing error exists. (h) A “response” is a writing that is responsive to an inquiry and mailed to the cardholder’s address last known to the card issuer. (i) A “timely response” is a response that is mailed within two complete billing cycles, but in no event later than 90 days, after the card issuer receives an inquiry. (j) A “billing error” means an error by omission or commission in (1) posting any debit or credit, or (2) in computation or similar error of an accounting nature contained in a statement given to the cardholder by the card issuer. A “billing error” does not mean any dispute with respect to value, quality, or quantity of goods, services, or other benefit obtained through use of a credit card. (k) “Adequate notice” means a printed notice to a cardholder that sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. (l) “Secured credit card” means any credit card issued under an agreement or other instrument that pledges, hypothecates, or places a lien on real property or money or other personal property to secure the cardholder’s obligations to the card issuer. (m) “Student credit card” means any credit card that is provided to a student at a public or private college or university and is provided to that student solely based on his or her enrollment in a public or private university, or is provided to a student who would not otherwise qualify for that credit card on the basis of his or her income. A “student credit card” does not include a credit card issued to a student who has a cocardholder or cosigner who would otherwise qualify for a credit card other than a student credit card. (n) “Retail motor fuel dispenser” means a device that dispenses fuel that is used to power internal combustion engines, including motor vehicle engines, that processes the sale of fuel through a remote electronic payment system, and that is in a location where an employee or other agent of the seller is not present. (o) “Retail motor fuel payment island automated cashier” means a remote electronic payment processing station that processes the retail sale of fuel that is used to power internal combustion engines, including motor vehicle engines, that is in a location where an employee or other agent of the seller is not present, and that is located in close proximity to a retail motor fuel dispenser. (Amended by Stats. 2011, Ch. 690, Sec. 1. (AB 1219) Effective October 9, 2011.)
  164. 1747.03.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    Credit-card rights and responsibilities do not apply to certain electronic fund transfers and certain business fuel transactions; a person issued the relevant key or card key is not liable for losses from loss or theft after the issuer gets notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.03. (a) Any rights or responsibilities created by this title that are based on the use of a credit card shall have no effect with respect to: (1) Those transactions that constitute an electronic fund transfer as defined by Regulation E of the Federal Reserve Board (12 CFR, Part 205). (2) Those transactions involving the use of any key or a card key used at an automated dispensing outlet to obtain or purchase petroleum products, as defined in subdivision (c) of Section 13401 of the Business and Professions Code, which will be used primarily for business rather than personal or family purposes. (b) Notwithstanding subdivision (a), a person, company, or corporation that has been issued a key or card key described in paragraph (2) of subdivision (a) shall not be liable for losses due to the loss or theft of the key or card key incurred after receipt by the issuer of the key or card key of written or oral notification of the loss or theft. (Amended by Stats. 1982, Ch. 646, Sec. 2.)
  165. 1747.04.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    A waiver of this title’s provisions is void and unenforceable as against public policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.04. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. (Added by Stats. 2002, Ch. 815, Sec. 2. Effective January 1, 2003.)
  166. 1747.05.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    A credit card may be issued only in response to a request or as a renewal or replacement of an accepted card. If a replacement card is issued, the issuer must require activation before first use.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.05. (a) No credit card shall be issued except: (1) In response to an oral or written request or application therefor. (2) As a renewal of, or in substitution for, an accepted credit card whether that card is issued by the same or a successor card issuer. (b) A credit card issued in substitution for an accepted credit card may be issued only if the card issuer provides an activation process whereby the cardholder is required to contact the card issuer to activate the credit card prior to the first use of the credit card in a credit transaction. (c) This section does not prohibit the completion of an overdraft protection advance or recurring-charge transaction that a cardholder has previously authorized on an accepted credit card. (Amended by Stats. 2002, Ch. 862, Sec. 1. Effective January 1, 2003.)
  167. 1747.06.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    A credit card issuer must verify a mailing address change before sending or activating a credit card in certain cases.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.06. (a) A credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a credit card that lists an address that is different from the address on the offer or solicitation shall verify the change of address by contacting the person to whom the solicitation or offer was mailed. (b) Notwithstanding any other provision of law, a person to whom an offer or solicitation to receive a credit card is made shall not be liable for the unauthorized use of a credit card issued in response to that offer or solicitation if the credit card issuer does not verify the change of address pursuant to subdivision (a) prior to the issuance of the credit card, unless the credit card issuer proves that this person actually incurred the charge on the credit card. (c) When a credit card issuer receives a written or oral request for a change of the cardholder’s billing address and then receives a written or oral request for an additional credit card within 10 days after the requested address change, the credit card issuer shall not mail the requested additional credit card to the new address or, alternatively, activate the requested additional credit card, unless the credit card issuer has verified the change of address. (d) This section shall become operative on July 1, 2000. (Added by Stats. 1999, Ch. 423, Sec. 1. Effective January 1, 2000. Section operative July 1, 2000, by its own provisions.)
  168. 1747.08.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    Businesses that accept credit cards generally may not ask for or record the cardholder’s personal identification information, or use forms with preprinted spaces for it, subject to listed exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.08. (a) Except as provided in subdivision (c), no person, firm, partnership, association, or corporation that accepts credit cards for the transaction of business shall do any of the following: (1) Request, or require as a condition to accepting the credit card as payment in full or in part for goods or services, the cardholder to write any personal identification information upon the credit card transaction form or otherwise. (2) Request, or require as a condition to accepting the credit card as payment in full or in part for goods or services, the cardholder to provide personal identification information, which the person, firm, partnership, association, or corporation accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise. (3) Utilize, in any credit card transaction, a credit card form which contains preprinted spaces specifically designated for filling in any personal identification information of the cardholder. (b) For purposes of this section “personal identification information,” means information concerning the cardholder, other than information set forth on the credit card, and including, but not limited to, the cardholder’s address and telephone number. (c) Subdivision (a) does not apply in the following instances: (1) If the credit card is being used as a deposit to secure payment in the event of default, loss, damage, or other similar occurrence. (2) Cash advance transactions. (3) If any of the following applies: (A) The person, firm, partnership, association, or corporation accepting the credit card is contractually obligated to provide personal identification information in order to complete the credit card transaction. (B) The person, firm, partnership, association, or corporation accepting the credit card in a sales transaction at a retail motor fuel dispenser or retail motor fuel payment island automated cashier uses the Zip Code information solely for prevention of fraud, theft, or identity theft. (C) The person, firm, partnership, association, or corporation accepting the credit card is obligated to collect and record the personal identification information by federal or state law or regulation. (4) If personal identification information is required for a special purpose incidental but related to the individual credit card transaction, including, but not limited to, information relating to shipping, delivery, servicing, or installation of the purchased merchandise, or for special orders. (d) This section does not prohibit any person, firm, partnership, association, or corporation from requiring the cardholder, as a condition to accepting the credit card as payment in full or in part for goods or services, to provide reasonable forms of positive identification, which may include a driver’s license or a California state identification card, or where one of these is not available, another form of photo identification, provided that none of the information contained thereon is written or recorded on the credit card transaction form or otherwise. If the cardholder pays for the transaction with a credit card number and does not make the credit card available upon request to verify the number, the cardholder’s driver’s license number or identification card number may be recorded on the credit card transaction form or otherwise. (e) Any person who violates this section shall be subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation and one thousand dollars ($1,000) for each subsequent violation, to be assessed and collected in a civil action brought by the person paying with a credit card, by the Attorney General, or by the district attorney or city attorney of the county or city in which the violation occurred. However, no civil penalty shall be assessed for a violation of this section if the defendant shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error made notwithstanding the defendant’s maintenance of procedures reasonably adopted to avoid that error. When collected, the civil penalty shall be payable, as appropriate, to the person paying with a credit card who brought the action, or to the general fund of whichever governmental entity brought the action to assess the civil penalty. (f) The Attorney General, or any district attorney or city attorney within his or her respective jurisdiction, may bring an action in the superior court in the name of the people of the State of California to enjoin violation of subdivision (a) and, upon notice to the defendant of not less than five days, to temporarily restrain and enjoin the violation. If it appears to the satisfaction of the court that the defendant has, in fact, violated subdivision (a), the court may issue an injunction restraining further violations, without requiring proof that any person has been damaged by the violation. In these proceedings, if the court finds that the defendant has violated subdivision (a), the court may direct the defendant to pay any or all costs incurred by the Attorney General, district attorney, or city attorney in seeking or obtaining injunctive relief pursuant to this subdivision. (g) Actions for collection of civil penalties under subdivision (e) and for injunctive relief under subdivision (f) may be consolidated. (h) The changes made to this section by Chapter 458 of the Statutes of 1995 apply only to credit card transactions entered into on and after January 1, 1996. Nothing in those changes shall be construed to affect any civil action which was filed before January 1, 1996. (Amended by Stats. 2011, Ch. 690, Sec. 2. (AB 1219) Effective October 9, 2011.)
  169. 1747.09.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    Businesses that accept credit or debit cards must not print more than the last five digits of the account number or the expiration date on covered receipts, with stated exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.09. (a) Except as provided in this section, no person, firm, partnership, association, corporation, or limited liability company that accepts credit or debit cards for the transaction of business shall print more than the last five digits of the credit or debit card account number or the expiration date upon any of the following: (1) Any receipt provided to the cardholder. (2) Any receipt retained by the person, firm, partnership, association, corporation, or limited liability company, which is printed at the time of the purchase, exchange, refund, or return, and is signed by the cardholder. (3) Any receipt retained by the person, firm, partnership, association, corporation, or limited liability company, which is printed at the time of the purchase, exchange, refund, or return, but is not signed by the cardholder, because the cardholder used a personal identification number to complete the transaction. (b) This section shall apply only to receipts that include a credit or debit card account number that are electronically printed and shall not apply to transactions in which the sole means of recording the person’s credit or debit card account number is by handwriting or by an imprint or copy of the credit or debit card. (c) This section shall not apply to documents, other than the receipts described in paragraphs (1) to (3), inclusive, of subdivision (a), used for internal administrative purposes. (d) Paragraphs (2) and (3) of subdivision (a) shall become operative on January 1, 2009. (Amended by Stats. 2006, Ch. 682, Sec. 1. Effective January 1, 2007.)
  170. 1747.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    A cardholder is liable for unauthorized credit card use only if several conditions are met, including a $50 limit and notice-related requirements by the card issuer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.10. A cardholder shall be liable for the unauthorized use of a credit card only if all of the following conditions are met: (a) The card is an accepted credit card. (b) The liability is not in excess of fifty dollars ($50). (c) The card issuer gives adequate notice to the cardholder of the potential liability. (d) The card issuer has provided the cardholder with a description of a means by which the card issuer may be notified of loss or theft of the card. (e) The unauthorized use occurs before the card issuer has been notified that an unauthorized use of the credit card has occurred or may occur as the result of loss, theft, or otherwise. (f) The card issuer has provided a method whereby the user of such card can be identified as the person authorized to use it. (Repealed and added by Stats. 1982, Ch. 545, Sec. 5.)
  171. 1747.20.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    When 10 or more credit cards are issued by one card issuer for employees of an organization, the issuer and the organization may agree on liability for unauthorized use, but any liability imposed on an employee must follow Section 1747.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.20. If 10 or more credit cards are issued by one card issuer for use by the employees of an organization, Section 1747.10 does not prohibit the card issuer and the organization from agreeing to liability for unauthorized use without regard to Section 1747.10. However, liability for unauthorized use may be imposed on an employee of the organization, by either the card issuer or the organization, only in accordance with Section 1747.10. (Repealed and added by Stats. 1982, Ch. 545, Sec. 7.)
  172. 1747.40.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    If a card issuer does not timely answer a cardholder’s inquiry about a debit or credit on a credit-card obligation, the issuer may not charge interest, finance charges, service charges, or other charges during the mailing period between the inquiry and the response.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.40. If a card issuer fails to give a timely response to an inquiry of a cardholder concerning any debit or credit applicable to an obligation incurred through the use of a credit card, he shall not be entitled to interest, finance charges, service charges, or any other charges thereon, from the date of mailing of the inquiry to date of mailing of the response. (Added by Stats. 1971, Ch. 1019.)
  173. 1747.50.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    Card issuers must fix billing errors within two billing cycles, and no later than 90 days after an inquiry.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.50. (a) Every card issuer shall correct any billing error made by the card issuer within two complete billing cycles, but in no event later than 90 days, after receiving an inquiry. (b) Any card issuer who fails to correct a billing error made by the card issuer within the period prescribed by subdivision (a) shall not be entitled to the amount by which the outstanding balance of the cardholder’s account is greater than the correct balance, nor any interest, finance charges, service charges, or other charges on the obligation giving rise to the billing error. (c) Any cardholder who is injured by a willful violation of this section may bring an action for the recovery of damages. Judgment may be entered for three times the amount at which actual damages are assessed. The cardholder shall be entitled to recover reasonable attorney’s fees and costs incurred in the action. (Amended by Stats. 1982, Ch. 545, Sec. 9.)
  174. 1747.60.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    Retailers must correct their own billing errors within 60 days after a billing-error inquiry is mailed. If they do not, they may owe the cardholder the balance difference and related charges. Injured cardholders may sue for damages and recover attorney’s fees and costs.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.60. (a) Every retailer shall correct any billing error made by the retailer within 60 days from the date on which an inquiry concerning a billing error was mailed. (b) Any retailer who fails to correct a billing error made by the retailer within the period prescribed by subdivision (a) shall be liable to the cardholder in the amount by which the outstanding balance of the cardholder’s account is greater than the correct balance, and any interest, finance charges, service charges, or other charges on the obligation giving rise to the billing error. (c) Any cardholder who is injured by a willful violation of this section may bring an action for the recovery of damages. Judgment may be entered for three times the amount at which actual damages are assessed. The cardholder shall be entitled to recover reasonable attorney’s fees and costs incurred in the action. (d) As used in this section, an “inquiry” is a writing which is posted by mail to the address of the retailer, unless another address is specifically indicated by the retailer for the purpose of mailing inquiries with respect to billing errors, then to such address. (Added by Stats. 1971, Ch. 1019.)
  175. 1747.65.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    A card issuer is not liable for billing errors made by the retailer, and a retailer is not liable for billing errors made by the card issuer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.65. (a) A card issuer shall not be liable for a billing error made by the retailer. (b) A retailer shall not be liable for a billing error made by a card issuer. (Added by Stats. 1971, Ch. 1019.)
  176. 1747.70.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    Card issuers must not give false credit information, communicate unfavorable credit information in the stated billing-error situation, or cancel/refuse to renew a card because the cardholder got relief under Section 1747.50. An injured cardholder may sue for damages, treble damages, and attorney’s fees and costs.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.70. (a) No card issuer shall knowingly give any untrue credit information to any other person concerning a cardholder. (b) No card issuer, after receiving an inquiry from a cardholder regarding a billing error and prior to satisfying the requirements of Section 1747.50, shall communicate unfavorable credit information concerning the cardholder to any person solely because of the cardholder’s failure to pay the amount by which the outstanding balance of the cardholder’s account is greater than the correct balance. (c) No card issuer shall cancel or refuse to renew a credit card for the reason that the cardholder has obtained relief under Section 1747.50. (d) Any cardholder who is injured by a willful violation of this section may bring an action for the recovery of damages. Judgment may be entered for three times the amount at which actual damages are assessed. The cardholder shall be entitled to recover reasonable attorney’s fees and costs incurred in the action. (Added by Stats. 1971, Ch. 1019.)
  177. 1747.80.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    A card issuer may not refuse to issue a credit card solely because of certain characteristics, and a willful violation can lead to damages plus a $250 amount.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.80. (a) No card issuer shall refuse to issue a credit card to any person solely because of any characteristic listed or defined in subdivision (b) or (e) of Section 51. (b) Any card issuer who willfully violates this section is liable for each and every offense for the actual damages, and two hundred fifty dollars ($250) in addition thereto, suffered by any person denied a credit card solely for the reasons set forth in subdivision (a). In addition, that person may petition the court to order the card issuer to issue him or her a credit card upon the terms, conditions, and standards as the card issuer normally utilizes in granting credit to other individuals. (Amended by Stats. 2007, Ch. 568, Sec. 14. Effective January 1, 2008.)
  178. 1747.81.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    If a card issuer plans to issue a card to a married woman, it must use the maiden name or married name she chooses. The issuer may require a new account if she requests the card in her maiden name.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.81. (a) If a card issuer has determined in the normal course of business that it will issue a card to a married woman, the card shall be issued bearing either the maiden name or married name of the woman, as the woman may direct. (b) Card issuers may require that a married woman requesting a card in her maiden name open a new account in that name. (Added by Stats. 1974, Ch. 1252.)
  179. 1747.85.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    A card issuer generally may not cancel a credit card without first giving the cardholder 30 days’ written notice, unless a stated exception applies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.85. Unless requested by the cardholder, no card issuer shall cancel a credit card without having first given the cardholder 30 days’ written notice of its intention to do so unless the cardholder is or has been within the last 90 days in default of payment or otherwise in violation of any provision of the agreement between the card issuer and the cardholder governing the cardholder’s use of the credit card or unless the card issuer has evidence or reasonable belief that the cardholder is unable or unwilling to repay obligations incurred under the agreement or that an unauthorized use of the card may be made. Nothing provided herein shall be construed to prohibit a card issuer from placing the account of a cardholder on inactive status if the cardholder has not used the card for a period in excess of 18 months or from requiring that cardholder, upon subsequent reuse of a card, to provide to the card issuer such updated information as will enable the card issuer to verify the current creditworthiness of the cardholder. (Amended by Stats. 1983, Ch. 1247, Sec. 1.)
  180. 1747.90.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    A card issuer can be liable for a cardholder’s claims and defenses tied to qualifying credit card transactions, but only if specific conditions are met and the amount asserted is limited.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.90. (a) (1) Subject to the limitation contained in subdivision (b), a card issuer who has issued a credit card to a cardholder pursuant to an open-end consumer credit plan shall be subject to all claims and defenses, other than tort claims, arising out of any transaction in which the credit card is used as a method of payment or extension of credit if the following conditions are met: (A) The cardholder has made a good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the credit card. (B) The amount of the initial transaction exceeds fifty dollars ($50). (C) The place where the initial transaction occurred was in California, or, if not within California, then within 100 miles from the cardholder’s current designated address in California. (2) The limitations set forth in subparagraphs (B) and (C) of paragraph (1) with respect to a cardholder’s right to assert claims and defenses against a card issuer shall not be applicable to any transaction in which the person honoring the credit card satisfies any of the following requirements: (A) Is the same person as the card issuer. (B) Is controlled by the card issuer. (C) Is under direct or indirect common control with the card issuer. (D) Is a franchised dealer in the card issuer’s products or services. (E) Has obtained the order for such transaction through a mail solicitation made by or participated in by the card issuer in which the cardholder is solicited to enter into such transaction by using the credit card issued by the card issuer. (b) The amount of claims or defenses asserted by the cardholder may not exceed the amount of credit outstanding with respect to such transaction at the time the cardholder first notifies the card issuer or the person honoring the credit card of such claim or defense. For the purpose of determining the amount of credit outstanding, payments and credits to the cardholder’s account are deemed to have been applied, in the order indicated, to the payment of the following: (1) Late charges in the order of their entry to the account. (2) Finance charges in order of their entry to the account. (3) Debits to the account other than those set forth above, in the order in which each debit entry to the account was made. (c) This section does not apply to the use of a check guarantee card or a debit card in connection with an overdraft credit plan, or to a check guarantee card used in connection with cash advance checks. (Repealed and added by Stats. 1982, Ch. 545, Sec. 11.)
  181. 1747.94.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    A secured credit card issuer must clearly label the product and disclose that the credit is secured in ads or solicitations, and a related deed of trust must say it secures a secured credit card obligation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1747.94. (a) In addition to any other disclosures required by law, a card issuer of a secured credit card shall, in every advertisement or solicitation to prospective cardholders, expressly identify the credit instrument offered as a “secured credit card” and prominently disclose that credit extended under the secured credit card is secured, and shall describe the security by item or type. (b) Any deed of trust executed in connection with a secured credit card shall contain a statement that it is security for a secured credit card obligation. However, failure to include the statement shall not invalidate the deed of trust. (c) This section does not apply to either of the following: (1) Any credit card which is issued under an agreement or other instrument creating a purchase money security interest in property purchased with the credit card, but which does not pledge, hypothecate, or place a lien on other property of the cardholder or any co-obligor. (2) Loans or extensions of credit subject to the Federal Home Equity Loan Consumer Protection Act of 1988 (P. L. 100-709). (d) Any violation of this section shall constitute unfair competition within the meaning of Section 17200 of the Business and Professions Code. (Added by Stats. 1991, Ch. 608, Sec. 2.)
  182. 1748.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    A credit card contract cannot bar a retailer from offering cash discounts or charging customers a lower cash price than the card price.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1748. Any provision in a contract between a card issuer and a retailer which has the effect of prohibiting the retailer from offering price discounts or from charging a different and lower price to customers who pay for goods or services by cash instead of by credit card is contrary to public policy and void. (Added by Stats. 1974, Ch. 1520.)
  183. 1748.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

    Verify source ↗

    Retailers generally may not add a surcharge when a consumer pays by credit card, but they may offer discounts for non-credit-card payment if offered to all buyers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1748.1. (a) No retailer in any sales, service, or lease transaction with a consumer may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar means. A retailer may, however, offer discounts for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, provided that the discount is offered to all prospective buyers. (b) Any retailer who willfully violates this section by imposing a surcharge on a cardholder who elects to use a credit card and who fails to pay that amount to the cardholder within 30 days of a written demand by the cardholder to the retailer by certified mail, shall be liable to the cardholder for three times the amount at which actual damages are assessed. The cardholder shall also be entitled to recover reasonable attorney’s fees and costs incurred in the action. A cause of action under this section may be brought in small claims court, if it does not exceed the jurisdiction of that court, or in any other appropriate court. (c) A consumer shall not be deemed to have elected to use a credit card in lieu of another means of payment for purposes of this section in a transaction with a retailer if only credit cards are accepted by that retailer in payment for an order made by a consumer over a telephone, and only cash is accepted at a public store or other facility of the same retailer. (d) Charges for third-party credit card guarantee services, when added to the price charged by the retailer if cash were to be paid, shall be deemed surcharges for purposes of this section even if they are payable directly to the third party or are charged separately. (e) It is the intent of the Legislature to promote the effective operation of the free market and protect consumers from deceptive price increases for goods and services by prohibiting credit card surcharges and encouraging the availability of discounts by those retailers who wish to offer a lower price for goods and services purchased by some form of payment other than credit card. (f) This section does not apply to charges for payment by credit card or debit card that are made by an electrical, gas, or water corporation and approved by the Public Utilities Commission pursuant to Section 755 of the Public Utilities Code. (Amended by Stats. 2005, Ch. 426, Sec. 1. Effective January 1, 2006.)
  184. 1748.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. )

    Verify source ↗

    This section says the act is called the Areias Credit Card Full Disclosure Act of 1986 and may be cited by that name.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. ) ## 1748.10. This act shall be known and may be cited as the “Areias Credit Card Full Disclosure Act of 1986.” (Amended by Stats. 2001, Ch. 159, Sec. 32. Effective January 1, 2002.)
  185. 1748.11.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. )

    Verify source ↗

    Certain mailed credit card application forms or preapproved solicitations must include required credit terms disclosures, or an equivalent Regulation Z disclosure.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. ) ## 1748.11. (a) Any application form or preapproved written solicitation for an open-end credit card account to be used for personal, family, or household purposes that is mailed on or after October 1, 1987, to a consumer residing in this state by or on behalf of a creditor, whether or not the creditor is located in this state, other than an application form or solicitation included in a magazine, newspaper, or other publication distributed by someone other than the creditor, shall contain or be accompanied by either of the following disclosures: (1) A disclosure of each of the following, if applicable: (A) Any periodic rate or rates that may be applied to the account, expressed as an annual percentage rate or rates. If the account is subject to a variable rate, the creditor may instead either disclose the rate as of a specific date and indicate that the rate may vary, or identify the index and any amount or percentage added to, or subtracted from, that index and used to determine the rate. For purposes of this section, that amount or percentage shall be referred to as the “spread.” (B) Any membership or participation fee that may be imposed for availability of a credit card account, expressed as an annualized amount. (C) Any per transaction fee that may be imposed on purchases, expressed as an amount or as a percentage of the transaction, as applicable. (D) If the creditor provides a period during which the consumer may repay the full balance reflected on a billing statement that is attributable to purchases of goods or services from the creditor or from merchants participating in the credit card plan, without the imposition of additional finance charges, the creditor shall either disclose the number of days of that period, calculated from the closing date of the prior billing cycle to the date designated in the billing statement sent to the consumer as the date by which that payment must be received to avoid additional finance charges, or describe the manner in which the period is calculated. For purposes of this section, the period shall be referred to as the “free period” or “free-ride period.” If the creditor does not provide this period for purchases, the disclosure shall so indicate. (2) A disclosure that satisfies the initial disclosure statement requirements of Regulation Z. (b) A creditor need not present the disclosures required by paragraph (1) of subdivision (a) in chart form or use any specific terminology, except as expressly provided in this section. The following chart shall not be construed in any way as a standard by which to determine whether a creditor who elects not to use such a chart has provided the required disclosures in a manner that satisfies paragraph (1) of subdivision (a). However, disclosures shall be conclusively presumed to satisfy the requirements of paragraph (1) of subdivision (a) if a chart with captions substantially as follows is completed with the applicable terms offered by the creditor, or if the creditor presents the applicable terms in tabular, list, or narrative format using terminology substantially similar to the captions included in the following chart: THE FOLLOWING INFORMATION IS PROVIDED PURSUANT TO THE AREIAS CREDIT CARD FULL DISCLOSURE ACT OF 1986: INTEREST RATES, FEES, AND FREE-RIDE PERIOD FOR PURCHASES UNDER THIS CREDIT CARD ACCOUNT ANNUAL PER- CENTAGE RATE (1) VARIABLE RATE INDEX AND SPREAD (2) ANNUAL- IZED MEMBER- SHIP OR PARTICI- PATION FEE TRANS- ACTION FEE FREE–RIDE PERIOD (3) _____ (1) For fixed interest rates. If variable rate, creditor may elect to disclose a rate as of a specified date and indicate that the rate may vary. (2) For variable interest rates. If fixed rate, creditor may eliminate the column, leave the column blank, or indicate “No” or “None” or “Does not apply.” (3) For example, “30 days” or “Yes, if full payment is received by next billing date” or “Yes, if full new balance is paid by due date.” (c) For purposes of this section, “Regulation Z” has the meaning attributed to it under Section 1802.18, and all of the terms used in this section have the same meaning as attributed to them in federal Regulation Z (12 C.F.R. 226.1 et seq.). For the purposes of this section, “open-end credit card account” does not include an account accessed by a device described in paragraph (2) of subdivision (a) of Section 1747.02. (d) Nothing in this section shall be deemed or construed to prohibit a creditor from disclosing additional terms, conditions, or information, whether or not relating to the disclosures required under this section, in conjunction with the disclosures required by this section. (e) If a creditor is required under federal law to make any disclosure of the terms applicable to a credit card account in connection with application forms or solicitations, the creditor shall be deemed to have complied with the requirements of paragraph (1) of subdivision (a) with respect to those application forms or solicitations if the creditor complies with the federal disclosure requirement. For example, in lieu of complying with the requirements of paragraph (1) of subdivision (a), a creditor has the option of disclosing the specific terms required to be disclosed in an advertisement under Regulation Z, if the application forms or solicitations constitute advertisements in which specific terms must be disclosed under Regulation Z. (f) If for any reason the requirements of this section do not apply equally to creditors located in this state and creditors not located in this state, then the requirements applicable to creditors located in this state shall automatically be reduced to the extent necessary to establish equal requirements for both categories of creditors, until it is otherwise determined by a court of law in a proceeding to which the creditor located in this state is a party. (g) All application forms for an open-end credit card account distributed in this state on or after October 1, 1987, other than by mail, shall contain a statement in substantially the following form: “If you wish to receive disclosure of the terms of this credit card, pursuant to the Areias Credit Card Full Disclosure Act of 1986, check here and return to the address on this application.” A box shall be printed in or next to this statement for placement of such a checkmark. However, this subdivision does not apply if the application contains the disclosures provided for in this title. (h) This title does not apply to any application form or written advertisement or an open-end credit card account where the credit to be extended will be secured by a lien on real or personal property or both real and personal property. (i) This title does not apply to any person who is subject to Article 10.5 (commencing with Section 1810.20) of Chapter 1 of Title 2. (Amended by Stats. 2001, Ch. 159, Sec. 33. Effective January 1, 2002.)
  186. 1748.12.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. )

    Verify source ↗

    A credit card issuer must give cardholders written notice before disclosing certain marketing information, and cardholders can stop that disclosure subject to timing and notice rules.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. ) ## 1748.12. (a) For purposes of this section: (1) “Cardholder” means any consumer to whom a credit card is issued, provided that, when more than one credit card has been issued for the same account, all persons holding those credit cards may be treated as a single cardholder. (2) “Credit card” means any card, plate, coupon book, or other single credit device existing for the purpose of being used from time to time upon presentation to obtain money, property, labor, or services on credit. “Credit card” does not mean any of the following: (A) Any single credit device used to obtain telephone property, labor, or services in any transaction under public utility tariffs. (B) Any device that may be used to obtain credit pursuant to an electronic fund transfer but only if the credit is obtained under an agreement between a consumer and a financial institution to extend credit when the consumer’s asset account is overdrawn or to maintain a specified minimum balance in the consumer’s asset account. (C) Any key or card key used at an automated dispensing outlet to obtain or purchase petroleum products, as defined in subdivision (c) of Section 13401 of the Business and Professions Code, which will be used primarily for business rather than personal or family purposes. (3) “Marketing information” means the categorization of cardholders compiled by a credit card issuer, based on a cardholder’s shopping patterns, spending history, or behavioral characteristics derived from account activity which is provided to a marketer of goods or services or a subsidiary or affiliate organization of the company that collects the information for consideration. “Marketing information” does not include aggregate data that does not identify a cardholder based on the cardholder’s shopping patterns, spending history, or behavioral characteristics derived from account activity or any communications to any person in connection with any transfer, processing, billing, collection, chargeback, fraud prevention, credit card recovery, or acquisition of or for credit card accounts. (b) If the credit card issuer discloses marketing information concerning a cardholder to any person, the credit card issuer shall provide a written notice to the cardholder that clearly and conspicuously describes the cardholder’s right to prohibit the disclosure of marketing information concerning the cardholder which discloses the cardholder’s identity. The notice shall be in 10-point type and shall advise the cardholder of his or her ability to respond either by completing a preprinted form or a toll-free telephone number that the cardholder may call to exercise this right. (c) The requirements of subdivision (b) shall be satisfied by furnishing the notice to the cardholder: (1) At least 60 days prior to the initial disclosure of marketing information concerning the cardholder by the credit card issuer. (2) For all new credit cards issued on or after April 1, 2002, on the form containing the new credit card when the credit card is delivered to the cardholder. (3) At least once per calendar year, to every cardholder entitled to receive an annual statement of billings rights pursuant to 12 C.F.R. 226.9 (Regulation Z). The notice required by this paragraph may be included on or with any periodic statement or with the delivery of the renewal card. (d) (1) The cardholder’s election to prohibit disclosure of marketing information shall be effective only with respect to marketing information that is disclosed to any party beginning 30 days after the credit card issuer has received, at the designated address on the form containing the new credit card or on the preprinted form, or by telephone, the cardholder’s election to prohibit disclosure. This does not apply to the disclosure of marketing information prior to the cardholder’s notification to the credit card issuer of the cardholder’s election. (2) An election to prohibit disclosure of marketing information shall terminate upon receipt by the credit card issuer of notice from the cardholder that the cardholder’s election to prohibit disclosure is no longer effective. (e) The requirements of this section do not apply to any of the following communications of marketing information by a credit card issuer: (1) Communications to any party to, or merchant specified in, the credit card agreement, or to any person whose name appears on the credit card or on whose behalf the credit card is issued. (2) Communications to consumer credit reporting agencies, as defined in subdivision (d) of Section 1785.3. (3) To the extent that the Fair Credit Reporting Act preempts the requirements of this section as to communication by a credit card issuer to a corporate subsidiary or affiliate, the credit card issuer may communicate information about a cardholder to a corporate subsidiary or affiliate to the extent and in the manner permitted under that act. (4) Communications to a third party when the third party is responsible for conveying information from the card issuer to any of its cardholders. (f) If the laws of the United States require disclosure to cardholders regarding the use of personal information, compliance with the federal requirements shall be deemed to be compliance with this section. (g) This section shall become operative on April 1, 2002. (Repealed (in Sec. 2) and added by Stats. 2000, Ch. 977, Sec. 3. Effective January 1, 2001. Section operative April 1, 2002, by its own provisions.)
  187. 1748.13.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. )

    Verify source ↗

    Credit card issuers must add specific minimum-payment warning and payoff-cost disclosures to billing statements, with special rules for retail credit cards and some exemptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. ) ## 1748.13. (a) A credit card issuer shall, with each billing statement provided to a cardholder in this state, provide the following on the front of the first page of the billing statement in type no smaller than that required for any other required disclosure, but in no case in less than 8-point capitalized type: (1) A written statement in the following form: “Minimum Payment Warning: Making only the minimum payment will increase the interest you pay and the time it takes to repay your balance.” (2) Either of the following: (A) A written statement in the form of and containing the information described in clause (i) or (ii), as applicable, as follows: (i) A written three-line statement, as follows: “A one thousand dollar ($1,000) balance will take 17 years and three months to pay off at a total cost of two thousand five hundred ninety dollars and thirty-five cents ($2,590.35). A two thousand five hundred dollar ($2,500) balance will take 30 years and three months to pay off at a total cost of seven thousand seven hundred thirty-three dollars and forty-nine cents ($7,733.49). A five thousand dollar ($5,000) balance will take 40 years and two months to pay off at a total cost of sixteen thousand three hundred five dollars and thirty-four cents ($16,305.34). This information is based on an annual percentage rate of 17 percent and a minimum payment of 2 percent or ten dollars ($10), whichever is greater.” In the alternative, a credit card issuer may provide this information for the three specified amounts at the annual percentage rate and required minimum payment which are applicable to the cardholder’s account. The statement provided shall be immediately preceded by the statement required by paragraph (1). (ii) Instead of the information required by clause (i), retail credit card issuers shall provide a written three-line statement to read, as follows: “A two hundred fifty dollar ($250) balance will take two years and eight months to pay off a total cost of three hundred twenty-five dollars and twenty-four cents ($325.24). A five hundred dollar ($500) balance will take four years and five months to pay off at a total cost of seven hundred nine dollars and ninety cents ($709.90). A seven hundred fifty dollar ($750) balance will take five years and five months to pay off at a total cost of one thousand ninety-four dollars and forty-nine cents ($1,094.49). This information is based on an annual percentage rate of 21 percent and a minimum payment of 5 percent or ten dollars ($10), whichever is greater.” In the alternative, a retail credit card issuer may provide this information for the three specified amounts at the annual percentage rate and required minimum payment which are applicable to the cardholder’s account. The statement provided shall be immediately preceded by the statement required by paragraph (1). A retail credit card issuer is not required to provide this statement if the cardholder has a balance of less than five hundred dollars ($500). (B) A written statement providing individualized information indicating an estimate of the number of years and months and the approximate total cost to pay off the entire balance due on an open-end credit card account if the cardholder were to pay only the minimum amount due on the open-ended account based upon the terms of the credit agreement. For purposes of this subparagraph only, if the account is subject to a variable rate, the creditor may make disclosures based on the rate for the entire balance as of the date of the disclosure and indicate that the rate may vary. In addition, the cardholder shall be provided with referrals or, in the alternative, with the “800” telephone number of the National Foundation for Credit Counseling through which the cardholder can be referred, to credit counseling services in, or closest to, the cardholder’s county of residence. The credit counseling service shall be in good standing with the National Foundation for Credit Counseling or accredited by the Council on Accreditation for Children and Family Services. The creditor is required to provide, or continue to provide, the information required by this paragraph only if the cardholder has not paid more than the minimum payment for six consecutive months, after July 1, 2002. (3) (A) A written statement in the following form: “For an estimate of the time it would take to repay your balance, making only minimum payments, and the total amount of those payments, call this toll-free telephone number: (Insert toll-free telephone number).” This statement shall be provided immediately following the statement required by subparagraph (A) of paragraph (2). A credit card issuer is not required to provide this statement if the disclosure required by subparagraph (B) of paragraph (2) has been provided. (B) The toll-free telephone number shall be available between the hours of 8 a.m. and 9 p.m., Pacific standard time, seven days a week, and shall provide consumers with the opportunity to speak with a person, rather than a recording, from whom the information described in subparagraph (A) may be obtained. (C) The Department of Financial Protection and Innovation shall establish a detailed table illustrating the approximate number of months that it would take and the approximate total cost to repay an outstanding balance if the consumer pays only the required minimum monthly payments and if no other additional charges or fees are incurred on the account, such as additional extension of credit, voluntary credit insurance, late fees, or dishonored check fees by assuming all of the following: (i) A significant number of different annual percentage rates. (ii) A significant number of different account balances, with the difference between sequential examples of balances being no greater than one hundred dollars ($100). (iii) A significant number of different minimum payment amounts. (iv) That only minimum monthly payments are made and no additional charges or fees are incurred on the account, such as additional extensions of credit, voluntary credit insurance, late fees, or dishonored check fees. (D) A creditor that receives a request for information described in subparagraph (A) from a cardholder through the toll-free telephone number disclosed under subparagraph (A), or who is required to provide the information required by subparagraph (B) of paragraph (2), may satisfy its obligation to disclose an estimate of the time it would take and the approximate total cost to repay the cardholder’s balance by disclosing only the information set forth in the table described in subparagraph (C). Including the full chart along with a billing statement does not satisfy the obligation under this section. (b) For purposes of this section: (1) “Credit card” has the same meaning as in paragraph (2) of subdivision (a) of Section 1748.12. (2) “Open-end credit card account” means an account in which consumer credit is granted by a creditor under a plan in which the creditor reasonably contemplates repeated transactions, the creditor may impose a finance charge from time to time on an unpaid balance, and the amount of credit that may be extended to the consumer during the term of the plan is generally made available to the extent that any outstanding balance is repaid and up to any limit set by the creditor. (3) “Retail credit card” means a credit card is issued by or on behalf of a retailer, or a private label credit card that is limited to customers of a specific retailer. (c) (1) This section shall not apply in any billing cycle in which the account agreement requires a minimum payment of at least 10 percent of the outstanding balance. (2) This section shall not apply in any billing cycle in which finance charges are not imposed. (Amended by Stats. 2022, Ch. 452, Sec. 19. (SB 1498) Effective January 1, 2023.)
  188. 1748.14.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. )

    Verify source ↗

    A waiver of this title’s provisions is void and unenforceable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3A. CREDIT CARD DISCLOSURE [1748.10 - 1748.14] ( Title 1.3A added by Stats. 1986, Ch. 1397, Sec. 2. ) ## 1748.14. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. (Added by Stats. 2002, Ch. 815, Sec. 3. Effective January 1, 2003.)
  189. 1748.20.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3B. CHARGE CARD DISCLOSURES [1748.20 - 1748.23] ( Title 1.3B added by Stats. 1986, Ch. 1397, Sec. 3. )

    Verify source ↗

    This title may be cited as the Areias-Robbins Charge Card Full Disclosure Act of 1986.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3B. CHARGE CARD DISCLOSURES [1748.20 - 1748.23] ( Title 1.3B added by Stats. 1986, Ch. 1397, Sec. 3. ) ## 1748.20. This title may be cited as the “ Areias-Robbins Charge Card Full Disclosure Act of 1986.” (Added by Stats. 1986, Ch. 1397, Sec. 3.)
  190. 1748.21.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3B. CHARGE CARD DISCLOSURES [1748.20 - 1748.23] ( Title 1.3B added by Stats. 1986, Ch. 1397, Sec. 3. )

    Verify source ↗

    This section defines “charge card,” “charge cardholder,” and “charge card issuer” for this title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3B. CHARGE CARD DISCLOSURES [1748.20 - 1748.23] ( Title 1.3B added by Stats. 1986, Ch. 1397, Sec. 3. ) ## 1748.21. For the purposes of this title: (a) “Charge card” means any card, plate, or other credit device pursuant to which the charge card issuer extends credit to the charge cardholder, primarily for personal, family, or household purposes where (1) the credit extended does not subject the charge cardholder to a finance charge and (2) the charge cardholder cannot automatically access credit that is repayable in installments. (b) “Charge cardholder” means the person to whom a charge card is issued. (c) “Charge card issuer” means any person that issues a charge card or that person’s agent with respect to the card. (Added by Stats. 1986, Ch. 1397, Sec. 3.)
  191. 1748.22.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3B. CHARGE CARD DISCLOSURES [1748.20 - 1748.23] ( Title 1.3B added by Stats. 1986, Ch. 1397, Sec. 3. )

    Verify source ↗

    Charge card issuers must make specified disclosures in certain applications and solicitations, and sometimes include prescribed statements or a checkbox notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3B. CHARGE CARD DISCLOSURES [1748.20 - 1748.23] ( Title 1.3B added by Stats. 1986, Ch. 1397, Sec. 3. ) ## 1748.22. (a) On and after October 1, 1987, issuers of charge cards shall clearly and conspicuously disclose in any charge card application form or preapproved written solicitation for a charge card mailed to a consumer who resides in this state to apply for a charge card, whether or not the charge card issuer is located in this state, other than an application form or solicitation included in a magazine, newspaper, or other publication distributed by someone other than the charge card issuer, the following information: (1) Any fee or charge assessed for or which may be assessed for the issuance or renewal of the charge card, expressed as an annualized amount. The fee or charge required to be disclosed pursuant to this paragraph shall be denominated as an “annual fee.” (2) The charge card does not permit the charge cardholder to defer payment of charges incurred by the use of the charge card upon receipt of a periodic statement of charges from the charge card issuer. (3) Any fee that may be assessed for an extension of credit to a charge cardholder where the extension of credit is made by the charge card issuer, and is not a credit sale and where the charge cardholder receives the extension of credit in the form of cash or where the charge cardholder obtains the extension of credit through the use of a preprinted check, draft, or similar credit device provided by the charge card issuer to obtain an extension of credit. This fee shall be denominated as a “cash advance fee” in the disclosure required by this paragraph. (b) A charge card issuer shall be conclusively presumed to have complied with the disclosure requirements of subdivision (a) if the table set out in subdivision (b) of Section 1748.11 is completed with the applicable terms offered by the charge card issuer in a clear and conspicuous manner and the completed table in subdivision (b) of Section 1748.11 is then provided to the person invited to apply for the charge card as a part of or in material which accompanies the charge card application or written advertisement which invites a person to apply for a charge card. The charge card issuer shall include as part of table set out in subdivision (b) of Section 1748.11 the following sentences in the boxes or in a footnote outside of the boxes that relate to the interest rate disclosure: “This is a charge card which does not permit the charge cardholder to pay for purchases made using this charge card in installments. All charges made by a person to whom the charge card is issued are due and payable upon the receipt of a periodic statement of charges by the charge cardholder.” The inclusion or exclusion of an expiration date with table set out in subdivision (b) of Section 1748.11 or the use of footnotes in the boxes of the table to set out the information required to be disclosed by this section outside of the boxes of the table set out in subdivision (b) of Section 1748.11 shall not affect the conclusive presumption of compliance pursuant to this subdivision. If a charge card issuer does not offer or require one of the selected attributes of credit cards in the table set out in subdivision (b) of Section 1748.11 the charge card issuer shall employ the phrase in the appropriate box or in the appropriate footnote “Not offered” or “Not required” or a substantially similar phrase without losing the conclusive presumption of compliance with the requirements of subdivision (a). If one of the selected attributes of charge cards required to be disclosed pursuant to subdivision (a) is not applicable to the charge card issuer, the charge card issuer may employ in the appropriate box or in the appropriate footnote outside of the box in the table set out in subdivision (b) of Section 1748.11 the phrase “Not applicable” or a substantially similar phrase without losing the conclusive presumption of compliance with the requirements of subdivision (a). (c) Nothing in this section shall be deemed or construed to prohibit a charge card issuer from disclosing additional terms, conditions, or information, whether or not relating to the disclosures required under this section by subdivision (a) or in connection with the disclosure provided in subdivision (b), in conjunction with the disclosures required by this section. (d) If the charge card issuer offers to the charge cardholder any program or service under which the charge cardholder may elect to access open-end credit, the charge card issuer shall provide to the charge cardholder, before the charge cardholder has the right to access that credit, the initial disclosure statement required by Regulation Z, as defined in subdivision (c) of Section 1748.10. (e) All charge card application forms distributed in this state on or after October 1, 1987, other than by mail, shall contain a statement in substantially the following form: “If you wish to receive disclosure of the terms of this credit card, pursuant to the Areias Charge Card Full Disclosure Act of 1986, check here and return to the address on this application.” A box shall be printed in or next to this statement for placing such a checkmark. However, this subdivision does not apply if the application contains the disclosures provided for in this title. (Amended by Stats. 2000, Ch. 375, Sec. 4. Effective January 1, 2001.)
  192. 1748.23.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3B. CHARGE CARD DISCLOSURES [1748.20 - 1748.23] ( Title 1.3B added by Stats. 1986, Ch. 1397, Sec. 3. )

    Verify source ↗

    Any waiver of this title’s provisions is void and unenforceable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3B. CHARGE CARD DISCLOSURES [1748.20 - 1748.23] ( Title 1.3B added by Stats. 1986, Ch. 1397, Sec. 3. ) ## 1748.23. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. (Added by Stats. 2002, Ch. 815, Sec. 4. Effective January 1, 2003.)
  193. 1748.30.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3C. DEBIT CARDS [1748.30 - 1748.32] ( Title 1.3C added by Stats. 1999, Ch. 244, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the debit card title, including accepted debit card, account, adequate notice, debit card, debit card issuer, debit cardholder, and unauthorized use.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3C. DEBIT CARDS [1748.30 - 1748.32] ( Title 1.3C added by Stats. 1999, Ch. 244, Sec. 1. ) ## 1748.30. For purposes of this title, the following definitions shall apply: (a) “Accepted debit card” means any debit card which the debit cardholder has requested and received or has signed, or has used, or has authorized another person to use, for the purpose of obtaining money, property, labor, or services. Any debit card issued in renewal of, or in substitution for, an accepted debit card becomes an accepted debit card when received by the debit cardholder, whether the debit card is issued by the same or by a successor card issuer. (b) “Account” means a demand deposit (checking), savings, or other consumer asset account, other than an occasional or incidental credit balance in a credit plan, established primarily for personal, family, or household purposes. (c) “Adequate notice” has the same meaning as found in subdivision (k) of Section 1747.02. (d) “Debit card” means an accepted debit card or other means of access to a debit cardholder’s account that may be used to initiate electronic funds transfers and may be used without unique identifying information such as a personal identification number to initiate access to the debit cardholder’s account. (e) “Debit card issuer” means any person who issues a debit card or the agent of that person for that purpose. (f) “Debit cardholder” means a natural person to whom a debit card is issued. (g) “Unauthorized use” means the use of a debit card by a person, other than the debit cardholder, to initiate an electronic fund transfer from the debit cardholder’s account without actual authority to initiate the transfer and from which the debit cardholder receives no benefit. The term does not include an electronic fund transfer initiated in any of the following manners: (1) By a person who was furnished the debit card to the debit cardholder’s account by the debit cardholder, unless the debit cardholder has notified the debit card issuer that transfers by that person are no longer authorized. (2) With fraudulent intent by the debit cardholder or any person acting in concert with the debit cardholder. (3) By the debit card issuer or its employee. (Added by Stats. 1999, Ch. 244, Sec. 1. Effective January 1, 2000.)
  194. 1748.31.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3C. DEBIT CARDS [1748.30 - 1748.32] ( Title 1.3C added by Stats. 1999, Ch. 244, Sec. 1. )

    Verify source ↗

    A debit cardholder is liable for unauthorized card use only if several conditions are met, and liability is generally capped at $50 unless subdivision (b) applies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3C. DEBIT CARDS [1748.30 - 1748.32] ( Title 1.3C added by Stats. 1999, Ch. 244, Sec. 1. ) ## 1748.31. (a) A debit cardholder shall be liable for an unauthorized use of a debit card only if all of the following conditions are met: (1) The card is an accepted debit card. (2) Except as provided in subdivision (b), the liability is not in excess of fifty dollars ($50). (3) The debit card issuer has given adequate notice to the debit cardholder of the potential liability. (4) The debit card issuer has provided the debit cardholder with a description of the means by which the debit card issuer may be notified of loss or theft of the card. (5) The unauthorized use occurs before the debit card issuer has been notified by the debit cardholder that an unauthorized use of the debit card has occurred or may occur as a result of loss, theft, or otherwise. (6) The debit card issuer has provided a means to identify the debit cardholder to whom the debit card was issued. (b) Notwithstanding subdivision (a), if the debit cardholder fails to report an unauthorized use that appears on a periodic statement within 60 days of the debit card issuer’s transmittal of the statement, and if the issuer establishes that an unauthorized use would not have occurred had the debit cardholder notified the issuer within the 60-day period, the debit cardholder shall be liable for the amount of each unauthorized transfer that occurs after the close of the 60 days and before notice to the issuer. If the debit cardholder’s delay in notifying the debit card issuer was due to extenuating circumstances beyond the debit cardholder’s reasonable control, the time specified above shall be extended by a reasonable period. For the purposes of this subdivision, examples of extenuating circumstances include, but are not limited to, extended travel, the death or serious illness of the debit cardholder or a member of the debit cardholder’s family, hospitalization, permanent mental impairment, or serious physical impairment, unless the circumstance did not reasonably contribute to the cardholder’s delay in notifying the debit card issuer within the 60-day period. (c) A debit cardholder shall have no liability for erroneous or fraudulent transfers initiated by a debit card issuer, its agent, or employee. (Added by Stats. 1999, Ch. 244, Sec. 1. Effective January 1, 2000.)
  195. 1748.32.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3C. DEBIT CARDS [1748.30 - 1748.32] ( Title 1.3C added by Stats. 1999, Ch. 244, Sec. 1. )

    Verify source ↗

    A waiver of this title’s provisions is against public policy and is void and unenforceable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3C. DEBIT CARDS [1748.30 - 1748.32] ( Title 1.3C added by Stats. 1999, Ch. 244, Sec. 1. ) ## 1748.32. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. (Added by Stats. 2002, Ch. 815, Sec. 5. Effective January 1, 2003.)
  196. 1748.40.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3.5. Consumer Refunds [1748.40 - 1748.84] ( Title 1.3.5 added by Stats. 2019, Ch. 130, Sec. 1. ) ## CHAPTER 1. Prepaid Debit Cards [1748.40 - 1748.41] ( Chapter 1 heading added by Stats. 2023, Ch. 718, Sec. 1. )

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    This section defines key terms used in the prepaid debit card chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3.5. Consumer Refunds [1748.40 - 1748.84] ( Title 1.3.5 added by Stats. 2019, Ch. 130, Sec. 1. ) ## CHAPTER 1. Prepaid Debit Cards [1748.40 - 1748.41] ( Chapter 1 heading added by Stats. 2023, Ch. 718, Sec. 1. ) ## 1748.40. For purposes of this chapter: (a) “Accepted debit card” means any debit card which the debit cardholder has requested and received or has signed, or has used, or has authorized another person to use, for the purpose of obtaining money, property, labor, or services. Any debit card issued in renewal of, or in substitution for, an accepted debit card becomes an accepted debit card when received by the debit cardholder, whether the debit card is issued by the same or by a successor card issuer. (b) “Business” means a proprietorship, partnership, corporation, or other form of commercial enterprise. “Business” does not include a restaurant. (c) “Cardholder” means a natural person to whom a prepaid debit card is issued. (d) “Debit card” means an accepted debit card or other means of access to a debit cardholder’s account that may be used to initiate electronic funds transfers and may be used without unique identifying information such as a personal identification number to initiate access to the debit cardholder’s account. (e) “Prepaid debit card” means a debit card that meets either of the following: (1) A card, code, or other means of access to funds of a recipient that is usable at multiple, unaffiliated merchants for goods or services, or usable at automated teller machines. (2) The same as those terms or related terms are defined in the regulations adopted under the Electronic Fund Transfer Act regarding general use reloadable cards. (f) “Refund” means a return of a sum of money to a customer who has overpaid for services or property or is otherwise owed money by the business. (Amended by Stats. 2023, Ch. 718, Sec. 2. (SB 644) Effective January 1, 2024.)
  197. 1748.41.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3.5. Consumer Refunds [1748.40 - 1748.84] ( Title 1.3.5 added by Stats. 2019, Ch. 130, Sec. 1. ) ## CHAPTER 1. Prepaid Debit Cards [1748.40 - 1748.41] ( Chapter 1 heading added by Stats. 2023, Ch. 718, Sec. 1. )

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    If a business refunds a California customer by prepaid debit card for a customer-initiated purchase, it must also offer at least one other refund method.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3.5. Consumer Refunds [1748.40 - 1748.84] ( Title 1.3.5 added by Stats. 2019, Ch. 130, Sec. 1. ) ## CHAPTER 1. Prepaid Debit Cards [1748.40 - 1748.41] ( Chapter 1 heading added by Stats. 2023, Ch. 718, Sec. 1. ) ## 1748.41. If a business offers a refund to a customer via a prepaid debit card for a purchase initiated by the customer in California, the business shall provide the customer with at least one other method of receiving the refund other than a prepaid debit card. (Added by Stats. 2019, Ch. 130, Sec. 1. (AB 1428) Effective January 1, 2020.)
  198. 1748.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    A cardholder may ask for the total finance charges for the prior calendar year, and the card issuer must provide that information within 30 days, without charge.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1748.5. (a) A cardholder may request, not more frequently than once a year, that the card issuer inform the cardholder of the total amount of finance charges assessed on the account during the preceding calendar year and the card issuer shall provide that information to the cardholder within 30 days of receiving the request, without charge. If the cardholder’s request for the information is made in writing, the card issuer shall provide the information in writing. However, if the card issuer is required to furnish the cardholder with a periodic billing or periodic statement of account or furnishes the billing or statement of account, the requested statement of finance charges may be furnished along with the periodic billing or periodic statement of account. (b) This section shall not apply to card issuers or cardholders who issue or use credit cards in connection with a retail installment account, as defined by Section 1802.7. (Repealed and added by Stats. 1996, Ch. 180, Sec. 2. Effective January 1, 1997.)
  199. 1748.50.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3.5. Consumer Refunds [1748.40 - 1748.84] ( Title 1.3.5 added by Stats. 2019, Ch. 130, Sec. 1. ) ## CHAPTER 1.5. Consumer Refund Conditioned on Nondisclosure Agreement [1748.50- 1748.50.] ( Chapter 1.5 added by Stats. 2024, Ch. 89, Sec. 1. )

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    A contract term cannot require a consumer to stay silent about the business as a condition of getting a refund or other thing of value.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3.5. Consumer Refunds [1748.40 - 1748.84] ( Title 1.3.5 added by Stats. 2019, Ch. 130, Sec. 1. ) ## CHAPTER 1.5. Consumer Refund Conditioned on Nondisclosure Agreement [1748.50- 1748.50.] ( Chapter 1.5 added by Stats. 2024, Ch. 89, Sec. 1. ) ## 1748.50. Any provision in a contract or agreement that prohibits a consumer from publishing or making statements about the business as a condition of receiving a partial or complete refund or any other consideration or thing of value is contrary to public policy and shall be void and unenforceable. (Added by Stats. 2024, Ch. 89, Sec. 1. (AB 1900) Effective January 1, 2025.)
  200. 1748.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. )

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    This section generally forbids a person or retailer from processing or allowing payment of a credit card charge through a retailer’s account when the retailer did not provide or agree to provide the goods or services.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.3. CREDIT CARDS [1747 - 1748.95] ( Title 1.3 added by Stats. 1971, Ch. 1019. ) ## 1748.7. (a) No person shall process, deposit, negotiate, or obtain payment of a credit card charge through a retailer’s account with a financial institution or through a retailer’s agreement with a financial institution, card issuer, or organization of financial institutions or card issuers if that retailer did not furnish or agree to furnish the goods or services which are the subject of the charge. (b) No retailer shall permit any person to process, deposit, negotiate, or obtain payment of a credit card charge through the retailer’s account with a financial institution or the retailer’s agreement with a financial institution, card issuer, or organization of financial institutions or card issuers if that retailer did not furnish or agree to furnish the goods or services which are the subject of the charge. (c) Subdivisions (a) and (b) do not apply to any of the following: (1) A person who furnishes goods or services on the business premises of a general merchandise retailer and who processes, deposits, negotiates, or obtains payment of a credit card charge through that general merchandise retailer’s account or agreement. (2) A general merchandise retailer who permits a person described in paragraph (1) to process, deposit, negotiate, or obtain payment of a credit card charge through that general merchandise retailer’s account or agreement. (3) A franchisee who furnishes the cardholder with goods or services that are provided in whole or in part by the franchisor and who processes, deposits, negotiates, or obtains payment of a credit card charge through that franchisor’s account or agreement. (4) A franchisor who permits a franchisee described in paragraph (3) to process, deposit, negotiate, or obtain payment of a credit card charge through that franchisor’s account or agreement. (5) The credit card issuer or a financial institution or a parent, subsidiary, or affiliate of the card issuer or a financial institution. (6) A person who processes, deposits, negotiates, or obtains payment of less than five hundred dollars ($500) of credit card charges in any one year period through a retailer’s account or agreement. The person shall have the burden of producing evidence that the person transacted less than five hundred dollars ($500) in credit card charges during any one year period. (d) Any person injured by a violation of this section may bring an action for the recovery of damages, equitable relief, and reasonable attorney’s fees and costs. (e) Any person who violates this section shall be guilty of a misdemeanor. Each occurrence in which a person processes, deposits, negotiates, or otherwise seeks to obtain payment of a credit card charge in violation of subdivision (a) constitutes a separate offense. (f) The penalties and remedies provided in this section are in addition to any other remedies or penalties provided by law. (g) The exemptions from this title specified in Section 1747.03 do not apply to this section. (h) As used in this section: (1) “General merchandise retailer” means any person or entity, regardless of the form of organization, that has continuously offered for sale or lease more than 100 different types of goods or services to the public in this state throughout a period which includes the immediately preceding five years. (2) “Franchisor” has the same meaning as defined in Section 31007 of the Corporations Code. (3) “Franchisee” has the same meaning as defined in Section 31006 of the Corporations Code. (Added by Stats. 1989, Ch. 855, Sec. 1.)

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