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CALIFORNIA CIVIL CODE


  • TITLE OF THE ACT
  • PRELIMINARY PROVISIONS
  • DEFINITIONS AND SOURCES OF LAW
  • EFFECT OF THE 1872 CODES
  • PERSONS
    • PERSONS WITH UNSOUND MIND
    • PERSONAL RIGHTS
    • BLIND AND OTHER PHYSICALLY DISABLED PERSONS
    • CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE
    • ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS
    • CONFIDENTIALITY OF MEDICAL INFORMATION
      • Definitions
      • Disclosure of Medical Information by Providers
      • Disclosure of Genetic Test Results by a Health Care Service Plan
      • Use and Disclosure of Medical Information by Employers
      • Relationship of Chapters 2 and 3
      • Use and Disclosure of Medical and Other Information by Third Party Administrators and Others
      • Relationship to Existing Law
      • Violations
    • CALIFORNIA FAIR DEALERSHIP LAW
  • PROPERTY
    • PROPERTY IN GENERAL
      • NATURE OF PROPERTY
      • OWNERSHIP
        • Owners
        • Modifications of Ownership
          • Interests in Property
          • Conditions of Ownership
          • Duration of Leases
          • Accumulations
        • Legal Estates Principal and Income Law
        • Rights of Owners
        • Termination of Ownership
      • GENERAL DEFINITIONS
    • REAL OR IMMOVABLE PROPERTY
      • GENERAL PROVISIONS
      • ESTATES IN REAL PROPERTY
        • Estates in General
        • Termination of Estates
        • Mobilehome Residency Law
          • General
          • Rental Agreement
          • Rules and Regulations
          • Fees and Charges
          • Rent Control
          • Homeowner Communications and Meetings
          • Homeowners Meetings with Management
          • Termination of Tenancy
          • Transfer of Mobilehome or Mobilehome Park
          • Actions, Proceedings, and Penalties
          • Subdivisions, Cooperatives, and Condominiums
        • Recreational Vehicle Park Occupancy Law
          • Definitions
          • General Provisions
          • Defaulting Occupants
          • Defaulting Tenants
          • Defaulting Residents
          • Liens for Recreational Vehicles and Abandoned Possessions
          • Actions and Proceedings
        • Floating Home Residency Law
          • General Provisions
          • Rental Agreement
          • Rules and Regulations
          • Fees and Charges
          • Homeowner Meetings
          • Termination of Tenancy
          • Transfer of a Floating Home
          • Transfer of a Floating Home Marina
          • Actions, Proceedings, and Penalties
          • Cooperatives and Condominiums
        • Servitudes
        • Conservation Easements
      • RIGHTS AND OBLIGATIONS OF OWNERS
        • Rights of Owners
          • Incidents of Ownership
          • Boundaries
        • Obligations of Owners
        • Environmental Responsibility Acceptance Act
      • MARKETABLE RECORD TITLE
        • General Provisions
          • Construction
          • Application of Title
          • Preservation of Interests
        • Ancient Mortgages and Deeds of Trust
        • Mineral Rights
          • General Provisions
          • Termination of Dormant Mineral Right
        • Unexercised Options
        • Powers of Termination
        • Unperformed Contracts for Sale of Real Property
        • Abandoned Easements
      • RENT SKIMMING
      • REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS
        • Definitions
        • Actionable Defects
        • Obligations
        • Prelitigation Procedure
        • Procedure
    • PERSONAL OR MOVABLE PROPERTY
      • PERSONAL PROPERTY IN GENERAL
      • PARTICULAR KINDS OF PERSONAL PROPERTY
        • Things in Action
          • Transfer of Things in Action
        • Products of the Mind
        • Other Kinds of Personal Property
    • ACQUISITION OF PROPERTY
      • MODES IN WHICH PROPERTY MAY BE ACQUIRED
      • OCCUPANCY
      • ACCESSION
        • Accession to Real Property
        • Accession to Personal Property
      • TRANSFER
        • Transfers in General
          • Definition of Transfer
          • What May Be Transferred
          • Mode of Transfer
          • Interpretation of Grants
          • Effect of Transfer
          • Agency Listings for the Transfer of Certain Property
          • Unlawful Influence of Appraisers
        • Transfer of Real Property
          • Mode of Transfer
          • Disclosures Upon Transfer of Residential Property
          • Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property
          • Effect of Transfer
        • Transfer of Personal Property
          • Mode of Transfer
          • Gifts
        • Recording Transfers
          • Mode of Recording
          • Proof and Acknowledgment of Instruments
          • Effect of Recording, or the Want Thereof
        • Unlawful Transfers
      • COMMON INTEREST DEVELOPMENTS
        • General Provisions
          • Preliminary Provisions
          • Definitions
        • Governing Documents
          • Creation
          • Enforcement
          • Amendment
          • Operating Rules
        • Ownership Rights and Interests
        • Governance
          • Association
          • Elections and Meetings
          • Managing Agents
          • Public Information
          • Dispute Resolution Procedure
        • Operations
          • Common Areas
          • Fiscal Matters
          • Insurance
          • Assessments
        • Transfer of Ownership Interests
        • Civil Actions and Liens
          • Miscellaneous Provisions
          • Alternative Dispute Resolution
        • Construction of Instruments and Zoning
        • Construction Defect Litigation
        • Improvements
      • WATER RIGHTS
  • OBLIGATIONS
    • OBLIGATIONS IN GENERAL
      • DEFINITION OF OBLIGATIONS
      • INTERPRETATION OF OBLIGATIONS
        • General Rules of Interpretation
        • Joint or Several Obligations
        • Conditional Obligations
        • Alternative Obligations
      • TRANSFER OF OBLIGATIONS
      • EXTINCTION OF OBLIGATIONS
        • Performance
        • Offer of Performance
        • Prevention of Performance or Offer
        • Accord and Satisfaction
        • Novation
        • Release
    • CONTRACTS
      • NATURE OF A CONTRACT
        • Definition
        • Parties
        • Consent
        • Object of a Contract
        • Consideration
      • MANNER OF CREATING CONTRACTS
      • ELECTRONIC TRANSACTIONS
      • INTERPRETATION OF CONTRACTS
      • UNLAWFUL CONTRACTS
      • LIQUIDATED DAMAGES
        • General Provisions
        • Default on Real Property Purchase Contract
      • EXTINCTION OF CONTRACTS
        • Contracts, How Extinguished
        • Rescission
        • Dating Service Contracts
        • Weight Loss Contracts
        • Home Equity Sales Contracts
        • Modification and Cancellation
    • OBLIGATIONS IMPOSED BY LAW
    • OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
      • CONSIGNMENT OF FINE ART
        • Definitions
        • General Provisions
      • INDEPENDENT WHOLESALE SALES REPRESENTATIVES
      • SALE AND MANUFACTURE OF POLITICAL ITEMS
      • 1A. AUTOGRAPHED SPORTS MEMORABILIA
      • SALE OF FINE PRINTS
        • General Provisions
        • Full Disclosure in the Sale of Fine Prints
        • Remedies and Penalties
      • 2A. VIOLENT VIDEO GAMES
      • CREDIT CARDS
      • 3A. CREDIT CARD DISCLOSURE
      • 3B. CHARGE CARD DISCLOSURES
      • 3C. DEBIT CARDS
      • LAYAWAY PRACTICES
      • 4A. GIFT CERTIFICATES
      • 4B. SUPERMARKET CLUB CARDS
      • CONSUMERS LEGAL REMEDIES ACT
        • General Provisions
        • Construction and Definitions
        • Deceptive Practices
        • Remedies and Procedures
      • CONSUMER CREDIT REPORTING AGENCIES ACT
        • General Provisions
        • Obligations of Consumer Credit Reporting Agencies
        • Requirements on Users of Consumer Credit Reports
        • Obligations of Furnishers of Credit Information
        • Remedies
      • COMMERCIAL CREDIT REPORTS
      • 6A. INVESTIGATIVE CONSUMER REPORTING AGENCIES
        • General Provisions
        • Obligations of Investigative Consumer Reporting Agencies
        • Remedies
      • 6B. CONSUMER CREDIT DENIAL
        • General Provisions
        • Remedies
      • 6C. FAIR DEBT COLLECTION PRACTICES
        • General Provisions
        • Debt Collector Responsibilities
        • Debtor Responsibilities
        • Enforcement
      • 6D. ELECTRONIC COMMERCE
        • General Provisions
      • 6E. CREDIT SERVICES
      • 6F. CHECK CASHERS
      • CONSUMER WARRANTIES
        • Consumer Warranty Protection
          • General Provisions
          • Definitions
          • Sale Warranties
        • Motor Vehicle Warranty Adjustment Programs
        • Standards for Warranty Work
        • Mobilehome Warranties
        • Grey Market Goods
        • Home Roof Warranties
      • PERSONAL DATA
        • Information Practices Act of 1977
          • General Provisions and Legislative Findings
          • Definitions
          • Agency Requirements
          • Conditions of Disclosure
          • Accounting of Disclosures
          • Access to Records and Administrative Remedies
          • Civil Remedies
          • Penalties
          • Miscellaneous Provisions
          • Construction With Other Laws
      • DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION
      • Identification Documents
      • CUSTOMER RECORDS
      • 1. CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS
      • 2. CONFIDENTIALITY OF DRIVER'S LICENSE INFORMATION
      • 25. CONSUMER PRIVACY PROTECTION
      • 3. IDENTITY THEFT
      • BUSINESS RECORDS
        • Definitions
        • Disclosures
        • Civil Remedies
      • PRECOMPUTED INTEREST
      • PRECOMPUTED FINANCE CHARGE CONTRACT
      • CONSUMER CREDIT CONTRACTS
      • CONSUMER CONTRACT AWARENESS ACT OF 1990
      • CREDIT SALES
        • Retail Installment Sales
          • General Provisions
          • Definitions
          • Provisions of Retail Installment Contracts
          • Restrictions on Retail Installment Contracts
          • Finance Charge Limitation
          • Payments
          • Refinancing and Consolidation
          • Add-on Sales
          • Terms of Purchase by Financing Agency
          • Retail Installment Accounts
          • Retail Installment Account Credit Card Periodic Rate Disclosures
          • Attorney's Fees and Court Costs
          • Repossession and Resale
          • Penalties
          • Actions
          • Financing Retail Purchases
        • Credit Transactions Regarding Women
      • CONTRACTS FOR DANCE STUDIO LESSONS AND OTHER SERVICES
      • CONTRACTS FOR HEALTH STUDIO SERVICES
      • CONTRACTS FOR THE LEASE OR RENTAL OF ATHLETIC FACILITIES
      • CONTRACTS FOR DISCOUNT BUYING SERVICES
      • CONTRACTS FOR SELLER ASSISTED MARKETING PLANS
      • MEMBERSHIP CAMPING CONTRACTS
      • CREDITOR REMEDIES: DISABILITY INSURANCE
      • EMPLOYMENT AGENCY, EMPLOYMENT COUNSELING, AND JOB LISTING SERVICES ACT
        • General Provisions
        • Employment Agencies
        • Employment Counseling Services
        • Job Listing Services
        • Records
        • Remedies and Enforcement
        • Nurses' Registries
        • Long-Term Care Facilities
      • AUCTIONEER AND AUCTION COMPANIES
      • CALIFORNIA RENTAL-PURCHASE ACT
      • CONSUMER COLLECTION NOTICE
      • DEPOSIT
        • Deposit in General
          • Nature and Creation of Deposit
          • Obligations of the Depositary
        • Deposit for Keeping
          • General Provisions
          • Gratuitous Deposit
          • Storage
          • Deposits for Repair, Alteration or Sale
          • Innkeepers
        • Deposit for Exchange
        • Private Bulk Storage of Grain
      • UTILITY SERVICES
      • LOAN
        • Loan for Use
        • Loans to Museums for Indefinite or Long Terms
        • Loan for Exchange
        • Loan of Money
        • Shared Appreciation Loans
        • Shared Appreciation Loans of E.R.I.S.A. Pension Funds
          • Legislative Findings and Declarations
          • Definitions
          • Terms and Conditions
          • Annual Appraisals
          • Improvements
          • General Provisions
          • Notices and Disclosures
        • Shared Appreciation Loans
          • Legislative Findings and Declarations
          • Definitions
          • Terms and Conditions
          • Determination of Fair Market Value
          • Improvements
          • General Provisions
          • Notices and Disclosures
        • Loans of E.R.I.S.A. Pension Funds
        • Shared Appreciation Loans for Seniors
          • Definitions
          • Terms and Conditions
          • Determination of Fair Market Value
          • Improvements
          • General Provisions
          • Notices and Disclosures
        • Mortgage Loans
        • Reverse Mortgages
      • HIRING
        • Hiring in General
        • Hiring of Real Property
        • Commercial Rental Control
        • Residential Rent Control
        • Hiring of Personal Property
        • Identification of Property Owners
        • Disposition of Personal Property Upon Request of Tenant
        • Disposition of Personal Property Remaining on Premises at Termination of Tenancy
        • Disposition of Property Remaining on Premises at Termination of Commercial Tenancy
        • Assignment and Sublease
          • General Provisions
          • Restrictions on Transfer
          • Breach and Remedies
        • Use Restrictions
          • General Provisions
          • Use Restrictions
      • SERVICE
        • Particular Employments
          • Agents
          • Factors
        • Service Without Employment
          • Voluntary Interference with Property
          • Duty to Prospective Purchaser of Residential Property
        • Lost and Unclaimed Property
          • Lost Money and Goods
          • Unclaimed Property
          • Fees of Officers
      • CARRIAGE
        • Carriage in General
        • Carriage of Persons
          • Gratuitous Carriage of Persons
          • Carriage for Reward
        • Carriage of Property
          • General Definitions
          • Obligations of the Carrier
          • Freightage
        • Carriage of Messages
        • Common Carriers
          • Common Carriers in General
          • Common Carriers of Persons
          • Common Carriers of Property
          • Common Carriers of Messages
      • INVOLUNTARY TRUSTS
      • AGENCY
        • Agency in General
          • Definition of Agency
          • Authority of Agents
          • Mutual Obligations of Principals and Third Persons
          • Obligations of Agents to Third Persons
          • Delegation of Agency
          • Termination of Agency
        • Particular Agencies
          • Auctioneers
          • Factors
          • Powers of Attorney Under Probate Code
      • RECORDING ARTIST CONTRACTS
      • PHARMACEUTICAL SERVICES
      • INDEMNITY
      • SURETYSHIP
        • Definition of Suretyship
        • Creation of Suretyship
        • Interpretation of Suretyship
        • Liability of Sureties
        • Continuing Guaranty
        • Exoneration of Sureties
        • Position of Sureties
      • OBLIGATION TO DEFEND ACTION
      • LIEN
        • Liens in General
          • Definition of Liens
          • Creation of Liens
          • Effect of Liens
          • Priority of Liens
          • Redemption From Lien
          • Extinction of Liens
        • Mortgage
          • Mortgages in General
          • Mortgage Foreclosure Consultants
          • Mortgage of Real Property
          • Disclosures on Purchase Money Liens on Residential Property
        • Home Equity Loan Disclosure Act
        • Automobile Sales Finance Act
        • Real Property Sales Contracts
        • Vehicle Leasing Act
        • Controlled Escrows
        • Health Care Liens
        • Hospital Liens
        • Other Liens
        • Liens on Vehicles
        • Livestock Service Lien
        • Stoppage in Transit
        • Design Professionals' Liens
      • WORKS OF IMPROVEMENT
        • General Definitions
        • Mechanics' Liens
          • Application of Chapter
          • Who Is Entitled to Lien
          • Conditions to Enforcing a Lien
          • Amount of Lien
          • Property Subject to Lien
          • Priorities
          • Enforcement of Lien
        • Stop Notices for Private Works of Improvement
          • Application of Chapter
          • Who Is Entitled to Serve a Stop Notice and Bonded Stop Notice
          • Conditions to Valid Service of Stop Notice and Bonded Stop Notice
          • Effect of Stop Notice and Bonded Stop Notice
          • Priorities
          • Release of Stop Notice or Bonded Stop Notice
          • Enforcement of Rights Arising From Stop Notice and Bonded Stop Notice
        • Stop Notice for Public Work
          • Application of Chapter
          • Who Is Entitled to Serve a Stop Notice
          • Conditions to Service of Stop Notice
          • Priorities
          • Release of Stop Notice
          • Enforcement of Rights Arising From Stop Notice
        • General Provisions Relating to Bonds
          • Construction of and Terms and Conditions of Bonds
        • Payment Bond for Private Works
          • Provision for and Effect of Filing Contract and Payment Bond
          • Conditions to Action on Payment Bond
        • Payment Bond for Public Works
        • Miscellaneous Provisions
      • GENERAL PROVISIONS
      • YEAR 2000 INFORMATION DISCLOSURES
      • YEAR 2000 PROBLEM LIABILITY
  • GENERAL PROVISIONS
    • RELIEF
      • RELIEF IN GENERAL
      • COMPENSATORY RELIEF
        • Damages in General
          • General Principles
          • Interest as Damages
          • Exemplary Damages
        • Measure of Damages
          • Damages for Breach of Contract
          • Damages for Wrongs
          • Penal Damages
          • General Provisions
      • SPECIFIC AND PREVENTIVE RELIEF
        • General Principles
        • Investment Advisers
        • Specific Relief
          • Possession of Real Property
          • Possession of Personal Property
          • Specific Performance of Obligations
          • Revision of Contracts
          • Cancellation of Instruments
        • Preventive Relief
      • UNIFORM SINGLE PUBLICATION ACT
      • UNIFORM TRADE SECRETS ACT
      • INTERFERENCE WITH ACCESS TO HEALTH CARE
      • DUTY OF HEALTH CARE SERVICE PLANS AND MANAGED CARE ENTITIES
    • SPECIAL RELATIONS OF DEBTOR AND CREDITOR
      • GENERAL PRINCIPLES
      • FRAUDULENT INSTRUMENTS AND TRANSFERS
        • Uniform Fraudulent Transfer Act
        • Conveyance of Personal Property Without Delivery
        • Undertaking in Fraudulent Transfer Action
    • NUISANCE
      • GENERAL PRINCIPLES
      • PUBLIC NUISANCES
      • PRIVATE NUISANCES
      • MOTION PICTURES
    • MAXIMS OF JURISPRUDENCE
    • AUTOMATIC CHECKOUT SYSTEM

TITLE OF THE ACT

Section 1

This Act shall be known as The Civil Code of the State of California, and is in Four Divisions, as follows:

I.--THE FIRST RELATING TO PERSONS.

II.--THE SECOND TO PROPERTY.

III.--THE THIRD TO OBLIGATIONS.

IV.--THE FOURTH CONTAINS GENERAL PROVISIONS RELATING TO THE THREE PRECEDING DIVISIONS.

PRELIMINARY PROVISIONS

Section 2

This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three.

Section 3

No part of it is retroactive, unless expressly so declared.

Section 4

The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.

Section 5

The provisions of this Code, so far as they are substantially the same as existing statutes or the common law, must be construed as continuations thereof, and not as new enactments.

Section 6

No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions.

Section 7

Holidays within the meaning of this code are every Sunday and such other days as are specified or provided for as holidays in the Government Code of the State of California.

Section 7.1

Optional bank holidays within the meaning of Section 9 are:

(a) Any closing of a bank because of an extraordinary situation, as that term is defined in the Bank Extraordinary Situation Closing Act (Chapter 20 (commencing with Section 3600) of Division 1 of the Financial Code).

(b) Every Saturday.

(c) Every Sunday.

(d) January 1st.

(e) The third Monday in January, known as "Dr. Martin Luther King, Jr. Day."

(f) February 12, known as "Lincoln Day."

(g) The third Monday in February.

(h) The last Monday in May.

(i) July 4th.

(j) The first Monday in September.

(k) September 9th, known as "Admission Day."

(l) The second Monday in October, known as "Columbus Day."

(m) November 11th, known as "Veteran's Day."

(n) December 25th.

(o) Good Friday from 12 noon until closing.

(p) The Thursday in November appointed as "Thanksgiving Day."

(q) Any Monday following any Sunday on which January 1st, February 12th, July 4th, September 9th, November 11th, or December 25th falls.

(r) Any Friday preceding any Saturday on which July 4th, September 9th, or December 25th falls.

Section 9

All other days than those mentioned in Section 7 are business days for all purposes; provided, that as to any act appointed by law or contract, or in any other way, to be performed by, at, or through any bank organized under the laws of or doing business in this state, any optional bank holiday as defined in Section 7.1 is not a business day; and provided, that any act appointed by law or contract, or in any other way, to be performed on any day which is an optional bank holiday as defined in Section 7.1, by, at, or through any bank or branch or office thereof, whether acting in its own behalf or in any other capacity whatsoever, may be performed on that optional bank holiday if the bank or branch or office by, at, or through which the act is to be performed is open for the transaction of business on that optional bank holiday, or, at the option of the person obligated to perform the act, it may be performed on the next succeeding business day.

Section 10

The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.

Section 11

Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, it may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed.

Section 12

Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority.

Section 13

Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.