California
Civil Code
4,109 sections, each with the official text and a plain-English explanation of what it means for you.
- § 3273.1 — For purposes of this title: (a) (1) “Borrower” means any of the following: (A) A natural person who is a mortgagor or trustor or a confirmed successor in interest, as defined in Section 1024.
- § 3273.10 — (a) If a mortgage servicer denies a forbearance request made during the effective time period, the mortgage servicer shall provide written notice to the borrower that sets forth the specific reason or
- § 3273.11 — (a) A mortgage servicer shall comply with applicable federal guidance regarding borrower options following a COVID-19 related forbearance.
- § 3273.12 — It is the intent of the Legislature that a mortgage servicer offer a borrower a postforbearance loss mitigation option that is consistent with the mortgage servicer’s contractual or other authority.
- § 3273.14 — A mortgage servicer shall communicate about forbearance and postforbearance options described in this article in the borrower’s preferred language when the mortgage servicer regularly communicates wit
- § 3273.15 — (a) A borrower who is harmed by a material violation of this title may bring an action to obtain injunctive relief, damages, restitution, and any other remedy to redress the violation.
- § 3273.16 — Any waiver by a borrower of the provisions of this article is contrary to public policy and shall be void.
- § 3273.2 — (a) The provisions of this title apply to a mortgage or deed of trust that is secured by residential property containing no more than four dwelling units, including individual units of condominiums or
- § 3273.20 — This title is known, and may be cited, as the “Mortgage Forbearance Act.
- § 3273.21 — For purposes of this title, the following terms have the following meanings: (a) (1) “Borrower” means a natural person who is a mortgagor or trustor, or a person who holds a power of attorney for a mo
- § 3273.22 — This title applies to a depository institution chartered under federal or state law, a person covered by the licensing requirements of Division 9 (commencing with Section 22000) or Division 20 (commen
- § 3273.23 — (a) A borrower who is experiencing financial hardship that prevents the borrower from making timely payments on a residential mortgage loan due directly to the wildfire disaster may request forbearanc
- § 3273.24 — (a) A mortgage servicer shall disclose to a borrower to whom a forbearance has been granted pursuant to Section 3273.
- § 3273.25 — During the time of forbearance granted pursuant to this title, a mortgage servicer shall not initiate any judicial or nonjudicial foreclosure process, move for a foreclosure judgment or order of sale,
- § 3273.26 — Failure to comply with this title shall not affect the validity of a trustee’s sale or a sale to a bona fide purchaser for value.
- § 3273.27 — (a) (1) With respect to a federally backed loan, a person shall not be held liable for a violation of this title if compliance with this title conflicts with the servicing guidelines applicable to the
- § 3273.28 — The Department of Financial Protection and Innovation shall post all of the following on its website: (a) Links to the provisions of servicing guidelines pertaining to disaster-related forbearance rel
- § 3273.29 — (a) It is the intent of the Legislature that a mortgage servicer offer a borrower forbearance that is consistent with the mortgage servicer’s contractual or other authority.
- § 3273.30 — The provisions of this title are severable.
- § 3273.50 — As used in this title, the following definitions apply: (a) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code.
- § 3273.51 — (a) A firearm industry member shall comply with the firearm industry standard of conduct.
- § 3273.52 — (a) An act or omission by a firearm industry member in violation of the firearm industry standard of conduct set forth in Section 3273.
- § 3273.54 — (a) This title shall not be construed or implied to limit or impair in any way the right of a person or entity to pursue a legal action under any other authority.
- § 3273.55 — This title shall become operative on July 1, 2023.
- § 3273.60 — As used in this title, the following definitions apply: (a) “Digital firearm manufacturing code” means any digital instructions in the form of computer-aided design files, computer-aided manufacturing
- § 3273.61 — (a) A civil action may be brought against a person who knowingly does either of the following: (1) Distributes or causes to be distributed, by any means including the internet, any digital firearm man
- § 3273.62 — (a) A person shall not sell, offer to sell, transfer, advertise, or market a CNC milling machine or three-dimensional printer in a manner that knowingly or recklessly causes another person in this sta
- § 3273.625 — (a) It is unlawful to knowingly, willfully, or recklessly cause another person to engage in the unlawful manufacture of firearms, or to knowingly, willfully, or recklessly aid, abet, promote, or facil
- § 3273.65 — As used in this title: (a) “Child pornography” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.
- § 3273.66 — A social media platform shall do all of the following: (a) Provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the soc
- § 3273.67 — (a) A social media company that fails to comply with the requirements of this title shall be liable to a reporting user for all of the following: (1) Any actual damages sustained by the reporting user
- § 3273.68 — A waiver of the provisions of this title is contrary to public policy and is void and unenforceable.
- § 3273.69 — The provisions of this title are severable.
- § 3273.90 — As used in this title: (a) “Clearly and conspicuously” or “clear and conspicuous” has the same meaning as defined in Section 17601 of the Business and Professions Code.
- § 3273.91 — (a) A social media platform shall provide a clear and conspicuous button that enables the user to delete their account that meets both of the following: (1) Is clearly and conspicuously placed as an i
- § 3274 — As a general rule, compensation is the relief or remedy provided by the law of this State for the violation of private rights, and the means of securing their observance; and specific and preventive r
- § 3275 — Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved theref
- § 3281 — Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.
- § 3282 — Detriment is a loss or harm suffered in person or property.
- § 3283 — Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.
- § 3287 — (a) A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also
- § 3288 — In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury.
- § 3289 — (a) Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation.
- § 3289.5 — For purposes of Section 3289, the rate of the contracted finance charge shall be the legal rate of interest stipulated by a retail installment contract subject to Chapter 1 (commencing with Section 18
- § 3290 — Accepting payment of the whole principal, as such, waives all claim to interest.
- § 3291 — In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person, corporation, association, or partnership, whether by
- § 3294 — (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the
- § 3295 — (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to
- § 3296 — (a) Whenever a judgment for punitive damages is entered against an insurer or health care service plan licensed pursuant to Chapter 2.
- § 3301 — No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin.
- § 3302 — The detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon.
- § 3304 — The detriment caused by the breach of a covenant of “seizin,” of “right to convey,” of “warranty,” or of “quiet enjoyment,” in a grant of an estate in real property, is deemed to be: 1.
- § 3305 — The detriment caused by the breach of a covenant against incumbrances in a grant of an estate in real property is deemed to be the amount which has been actually expended by the covenantee in extingui
- § 3306 — The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the nec
- § 3306a — The minimum detriment caused by the breach of an agreement to execute and deliver a quitclaim deed to real property is deemed to be the expenses incurred by the promisee in quieting title to such prop
- § 3307 — The detriment caused by the breach of an agreement to purchase an estate in real property is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract o
- § 3308 — The parties to any lease of real or personal property may agree therein that if the lease shall be terminated by the lessor by reason of any breach thereof by the lessee, the lessor shall thereupon be
- § 3315 — The detriment caused by the breach of a carrier’s obligation to accept freight, messages, or passengers, is deemed to be the difference between the amount which he had a right to charge for the carria
- § 3316 — The detriment caused by the breach of a carrier’s obligation to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it
- § 3317 — The detriment caused by a carrier’s delay in the delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the
- § 3318 — The detriment caused by the breach of a warranty of an agent’s authority, is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied
- § 3319 — (a) In each written contract for private works of improvement entered into on or after January 1, 1996, the contracting party and the design professional may agree to contractual provisions that inclu
- § 3320 — (a) In each contract for public works of improvement, entered into on or after January 1, 1996, the public agency shall pay to the prime design professional any progress payment within 30 days of rece
- § 3321 — (a) In each contract for public works of improvement, a prime design professional shall pay to each subconsultant design professional the amount due him or her from the payment received, not later tha
- § 3322 — (a) (1) A broker of construction trucking services shall pay all transportation charges submitted by a motor carrier of property in dump truck equipment by the 25th day following the last day of the c
- § 3333 — For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment pro
- § 3333.1 — (a) In the event the defendant so elects, in an action for personal injury against a health care provider based upon professional negligence, he may introduce evidence of any amount payable as a benef
- § 3333.2 — (a) In any action for injury against a health care provider or health care institution based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compen
- § 3333.3 — In any action for damages based on negligence, a person may not recover any damages if the plaintiff’s injuries were in any way proximately caused by the plaintiff’s commission of any felony, or immed
- § 3333.4 — (a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pai
- § 3333.5 — (a) Each pipeline corporation that qualifies as a public utility within Section 216 of the Public Utilities Code that transports any crude oil or fraction thereof in a public utility oil pipeline syst
- § 3333.7 — (a) Notwithstanding any other provision of law, any person who suffers injury that is proximately caused by the driver of a commercial motor vehicle shall be entitled to recover treble damages from th
- § 3333.8 — (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for public benefit.
- § 3334 — (a) The detriment caused by the wrongful occupation of real property, in cases not embraced in Section 3335 of this code, the Eminent Domain Law (Title 7 (commencing with Section 1230.
- § 3335 — For willfully holding over real property, by a person who entered upon the same, as guardian or trustee for an infant, or by right of an estate terminable with any life or lives, after the termination
- § 3336 — The detriment caused by the wrongful conversion of personal property is presumed to be: First—The value of the property at the time of the conversion, with the interest from that time, or, an amount s
- § 3336.5 — (a) (1) Any junk dealer or recycler who possesses a fire hydrant, fire department connection, including, but not limited to, brass fittings and parts, manhole cover or lid or part of that cover or lid
- § 3337 — The presumption declared by the last section cannot be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent application of the property to the benefit of the o
- § 3338 — One having a mere lien on personal property, cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured b
- § 3339 — The Legislature finds and declares the following: (a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all i
- § 3339.10 — (a) The immigration or citizenship status of any person is irrelevant to any issue of liability or remedy under Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3, Chapter 2 (
- § 3339.5 — (a) The immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy, except for employment-related prospective injunctive relief th
- § 3340 — For wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given.
- § 3341 — The owner, possessor, or harborer of any dog or other animal, that shall, on the premises of any person other than the owner, possessor, or harborer of such dog or other animal, kill, worry, or wound
- § 3342 — (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the do
- § 3342.5 — (a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal.
- § 3343 — (a) One defrauded in the purchase, sale or exchange of property is entitled to recover the difference between the actual value of that with which the defrauded person parted and the actual value of th
- § 3343.5 — (a) Any one or more of the following who suffers any damage proximately resulting from one or more acts of unlawful motor vehicle subleasing, as described in Chapter 12.
- § 3343.7 — An action may be brought against any nonprofit organization operated on a cooperative basis by and for independent retailers which wholesales goods and services primarily to its member retailers as de
- § 3344 — (a) (1) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or
- § 3344.1 — (a) (1) (A) Subject to subparagraph (B), a person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for pur
- § 3344.5 — (a) Any person whose signature is used in violation of, and any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement that violates, subdivision (
- § 3344.6 — (a) Any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement which violates subdivision (a) of Section 115.
- § 3345 — (a) This section shall apply only in actions brought by, on behalf of, or for the benefit of those individuals specified in paragraphs (1) to (3), inclusive, to redress unfair or deceptive acts or pra
- § 3345.1 — (a) This section shall apply only in a civil action brought by, or on behalf of, or for the benefit of, a person who is a minor or nonminor dependent and is a victim of commercial sexual exploitation
- § 3346 — (a) For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, exce
- § 3353 — In estimating damages, the value of property to a seller thereof is deemed to be the price which he could have obtained therefor in the market nearest to the place at which it should have been accepte
- § 3354 — In estimating damages, except as provided by Sections 3355 and 3356, the value of property, to a buyer or owner thereof, deprived of its possession, is deemed to be the price at which he might have bo
- § 3355 — Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incu
- § 3357 — The damages prescribed by this Chapter are exclusive of exemplary damages and interest, except where those are expressly mentioned.
- § 3358 — Except as expressly provided by statute, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides.
- § 3359 — Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than
- § 3360 — When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages.
- § 3361 — Estimations, measures, or calculations of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death shall not be reduced based on
- § 3366 — Specific or preventive relief may be given as provided by the laws of this state.
- § 3367 — Specific relief is given: 1.
- § 3368 — Preventive relief is given by prohibiting a party from doing that which ought not to be done.
- § 3369 — Neither specific nor preventive relief can be granted to enforce a penalty or forfeiture in any case, nor to enforce a penal law, except in a case of nuisance or as otherwise provided by law.
- § 3372 — (a) Any person engaged in the business of advising others for compensation as to the advisability of purchasing, holding or selling property for investment and who represents himself or herself to be
- § 3375 — A person entitled to specific real property, by reason either of a perfected title, or of a claim to title which ought to be perfected, may recover the same in the manner prescribed by the C ode of C
- § 3379 — A person entitled to the immediate possession of specific personal property may recover the same in the manner provided by the C ode of C ivil P rocedure .
- § 3386 — Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if: (a) Specific performance would otherwise be an appr
- § 3387 — It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation.
- § 3388 — A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and t
- § 3389 — A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the
- § 3390 — The following obligations cannot be specifically enforced: (a) An obligation to render personal service.
- § 3391 — Specific performance cannot be enforced against a party to a contract in any of the following cases: 1.
- § 3392 — Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failu
- § 3394 — An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.
- § 3395 — Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title
- § 3399 — When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties
- § 3400 — For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.
- § 3401 — In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the langu
- § 3402 — A contract may be first revised and then specifically enforced.
- § 3412 — A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his applica
- § 3413 — An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing
- § 3414 — Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue.
- § 3415 — (a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to prove or establish the document or instrument or to comp
- § 3420 — Preventive relief is granted by injunction, provisional or final.
- § 3421 — Provisional injunctions are regulated by the C ode of C ivil P rocedure .
- § 3422 — Except where otherwise provided by this Title, a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant: 1.
- § 3423 — An injunction may not be granted: (a) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless this restraint is necessary to prevent a multi
- § 3424 — (a) Upon notice and motion, the court may modify or dissolve a final injunction upon a showing that there has been a material change in the facts upon which the injunction was granted, that the law up
- § 3425.1 — This title may be cited as the Uniform Single Publication Act.
- § 3425.2 — This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.
- § 3425.3 — No person shall have more than one cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any
- § 3425.4 — A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in Section 3
- § 3425.5 — This title shall not be retroactive as to causes of action existing on its effective date.
- § 3426 — This title may be cited as the Uniform Trade Secrets Act.
- § 3426.1 — As used in this title, unless the context requires otherwise: (a) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espion
- § 3426.10 — This title does not apply to misappropriation occurring prior to January 1, 1985.
- § 3426.11 — Notwithstanding subdivision (b) of Section 47, in any legislative or judicial proceeding, or in any other official proceeding authorized by law, or in the initiation or course of any other proceeding
- § 3426.2 — (a) Actual or threatened misappropriation may be enjoined.
- § 3426.3 — (a) A complainant may recover damages for the actual loss caused by misappropriation.
- § 3426.4 — If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasona
- § 3426.5 — In an action under this title, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings,
- § 3426.6 — An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.
- § 3426.7 — (a) Except as otherwise expressly provided, this title does not supersede any statute relating to misappropriation of a trade secret, or any statute otherwise regulating trade secrets.
- § 3426.8 — This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it.
- § 3426.9 — If any provision of this title or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the title which can be given effect
- § 3427 — As used in this title: (a) “Aggrieved” means and refers to any of the following persons or entities: (1) A person physically present at a health care facility when a commercial blockade occurs whose a
- § 3427.1 — It is unlawful, and constitutes the tort of commercial blockade for a person, alone or in concert with others, to intentionally prevent an individual from entering or exiting a health care facility by
- § 3427.2 — A person or health care facility aggrieved by the actions prohibited by this title may seek civil damages from those who committed the prohibited acts and those acting in concert with them.
- § 3427.3 — The court having jurisdiction over a civil proceeding under this title shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient, li
- § 3427.4 — This title shall not be construed to impair any constitutionally protected activity or any activities protected by the labor laws of this state or the United States of America.
- § 3428 — (a) For services rendered on or after January 1, 2001, a health care service plan or managed care entity, as described in subdivision (f) of Section 1345 of the Health and Safety Code, shall have a du
- § 3429 — A debtor, within the meaning of this Title, is one who, by reason of an existing obligation, is or may become liable to pay money to another, whether such liability is certain or contingent.
- § 3430 — A creditor, within the meaning of this Title, is one in whose favor an obligation exists, by reason of which he is, or may become, entitled to the payment of money.
- § 3431 — In the absence of fraud, every contract of a debtor is valid against all his creditors, existing or subsequent, who have not acquired a lien on the property affected by such contract.
- § 3432 — A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another.
- § 3433 — Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all of
- § 3434 — A lender who makes a loan of money, the proceeds of which are used or may be used by the borrower to finance the design, manufacture, construction, repair, modification or improvement of real or perso
- § 3439 — This chapter may be cited as the Uniform Voidable Transactions Act.
- § 3439.01 — As used in this chapter the following definitions are applicable: (a) “Asset” means property of a debtor, but the term does not include the following: (1) Property to the extent it is encumbered by a
- § 3439.02 — (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets.
- § 3439.03 — Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unpe
- § 3439.04 — (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the deb
- § 3439.05 — (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or inc
- § 3439.06 — For the purposes of this chapter: (a) A transfer is made: (1) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract
- § 3439.07 — (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 3439.
- § 3439.08 — (a) A transfer or obligation is not voidable under paragraph (1) of subdivision (a) of Section 3439.
- § 3439.09 — A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.
- § 3439.10 — (a) In this section, the following rules determine a debtor’s location: (1) A debtor who is an individual is located at the individual’s principal residence.
- § 3439.12 — Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation
- § 3439.13 — This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
- § 3439.14 — (a) The changes to this chapter made by the act adding this subdivision apply only to a right of action that accrued, transfer made, or obligation incurred, on or after the effective date of that act.
- § 3440 — (a) Except as otherwise provided in this chapter, every transfer of personal property made by a person having at the time the possession of the property, and not accompanied by an immediate delivery f
- § 3440.1 — This chapter does not apply to any of the following: (a) Things in action.
- § 3440.2 — Subject to Section 3440.
- § 3440.3 — A transfer of personal property, as to which the conditions set forth in subdivision (h) of Section 3440.
- § 3440.4 — This chapter does not affect the rights of a buyer for value in good faith who purchases the transferred personal property from the transferee or from a successor in interest of the transferee, provid
- § 3440.5 — (a) This chapter does not affect the rights of a secured party who, for value and in good faith, acquires a security interest in the transferred personal property from the transferee, or from the tran
- § 3440.6 — No action shall be brought or levy made under this chapter more than one year after the earliest of the following dates: (a) The date the person bringing the action or making the levy should have disc
- § 3440.9 — Subdivision (2) of Section 2402 and subdivision (a) of Section 10308 of the Commercial Code are not restricted by the provisions of this chapter.
- § 3445 — As used in this chapter: (a) “Transfer” means “transfer” as defined in Section 3439.
- § 3446 — (a) In an action by a creditor for relief against a transfer or obligation under Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 on the ground that the transfer or obligati
- § 3447 — The undertaking shall be conditioned that, if it is determined in the action that the transfer or obligation was voidable as to the creditor, the transferee will pay to the creditor the lesser of the
- § 3448 — The undertaking shall be in the lesser of the following amounts: (a) Double the value of the property or obligation.
- § 3449 — The undertaking becomes effective 10 days after service of the undertaking on the creditor.
- § 3479 — Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of propert
- § 3481 — Every nuisance not included in the definition of the last section is private.
- § 3482 — Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.
- § 3482.1 — (a) As used in this section: (1) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity.
- § 3482.5 — (a) (1) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and sta
- § 3482.6 — (a) No agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and
- § 3482.8 — Any building or property used for the purpose of willfully conducting dogfighting in violation of Section 597.
- § 3483 — Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who fi
- § 3484 — The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.