California

Civil Code

4,109 sections, each with the official text and a plain-English explanation of what it means for you.

• § 1633.17 — No state agency, board, or commission may require, prohibit, or regulate the use of an electronic signature in a transaction in which the agency, board, or commission is not a party unless a law other
• § 1633.2 — In this title the following terms have the following definitions: (a) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rul
• § 1633.3 — (a) Except as otherwise provided in subdivisions (b) and (c), this title applies to electronic records and electronic signatures relating to a transaction.
• § 1633.4 — This title applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2000.
• § 1633.5 — (a) This title does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
• § 1633.6 — This title shall be construed and applied according to all of the following: (1) To facilitate electronic transactions consistent with other applicable law.
• § 1633.7 — (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
• § 1633.8 — (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, that requirement is satisfied
• § 1633.9 — (a) An electronic record or electronic signature is attributable to a person if it was the act of the person.
• § 1635 — All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code.
• § 1636 — A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.
• § 1637 — For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be applied.
• § 1638 — The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity.
• § 1639 — When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other provisions of this Title.
• § 1640 — When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded.
• § 1641 — The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other.
• § 1642 — Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together.
• § 1643 — A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of t
• § 1644 — The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a spec
• § 1645 — Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense.
• § 1646 — A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place
• § 1646.5 — Notwithstanding Section 1646, the parties to any contract, agreement, or undertaking, contingent or otherwise, relating to a transaction involving in the aggregate not less than two hundred fifty thou
• § 1647 — A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.
• § 1648 — However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract.
• § 1649 — If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.
• § 1650 — Particular clauses of a contract are subordinate to its general intent.
• § 1651 — Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remain
• § 1652 — Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contra
• § 1653 — Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, are to be rejected.
• § 1654 — In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist.
• § 1655 — Stipulations which are necessary to make a contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract manifests no contrary intention.
• § 1656 — All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly mentioned therein, when al
• § 1656.1 — (a) Whether a retailer may add sales tax reimbursement to the sales price of the tangible personal property sold at retail to a purchaser depends solely upon the terms of the agreement of sale.
• § 1656.5 — (a) Whether a qualified heavy equipment renter may add estimated personal property tax reimbursement to the rental price of heavy equipment property to a lessee depends solely upon the terms of the re
• § 1657 — If no time is specified for the performance of an act required to be performed, a reasonable time is allowed.
• § 1657.1 — Any time specified in a contract of adhesion for the performance of an act required to be performed shall be reasonable.
• § 1659 — Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several.
• § 1660 — A promise, made in the singular number, but executed by several persons, is presumed to be joint and several.
• § 1661 — An executed contract is one, the object of which is fully performed.
• § 1662 — Any contract hereafter made in this State for the purchase and sale of real property shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless
• § 1663 — (a) As used in this section, the following terms shall have the following meanings: (1) “Euro” means the currency of participating member states of the European Union that adopt a single currency in a
• § 1667 — That is not lawful which is: 1.
• § 1668 — All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law,
• § 1669 — Every contract in restraint of the marriage of any person, other than a minor, is void.
• § 1669.5 — (a) Any contract for the payment of money or other consideration to a minor who has been alleged to be the victim of an unlawful sex act, or to his or her legal representative, by the alleged perpetra
• § 1669.7 — A contract for the payment of money or other consideration in violation of Section 132.
• § 1670 — Any dispute arising from a construction contract with a public agency, which contract contains a provision that one party to the contract or one party’s agent or employee shall decide any disputes ari
• § 1670.10 — (a) (1) Except as provided in paragraph (2), a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is contingent upon the making of payments ove
• § 1670.11 — Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a party’s right to testify in an administrative, legislative, or
• § 1670.12 — (a) For purposes of this section, the following definitions apply: (1) “Exclusive listing agreement” means any contract or agreement providing an exclusive right to list or sell residential real prope
• § 1670.15 — (a) As used in this section, the following definitions shall apply: (1) “Consumer” has the same meaning as defined in subdivision (c) of Section 302 of the Business and Professions Code.
• § 1670.5 — (a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce
• § 1670.50 — (a) A buyer-broker representation agreement shall be executed between a buyer’s agent and a buyer as soon as practicable, but no later than the execution of the buyer’s offer to purchase real property
• § 1670.6 — A contract with a consumer located in California for the purchase of a good or service that is made in connection with a telephone solicitation made in or from outside of California and is primarily f
• § 1670.7 — Any provision of a contract that purports to allow a deduction from a person’s wages for the cost of emigrating and transporting that person to the United States is void as against public policy.
• § 1670.8 — (a) (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lesso
• § 1670.8.5 — (a) A contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board shall not include a provision limiting the consumer’s ability to file a complai
• § 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
• § 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 liqu
• § 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 r
• § 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 va
• § 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 s
• § 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 tota
• § 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.
• § 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.
• § 1681 — This chapter does not apply to real property sales contracts as defined in Section 2985.
• § 1682 — A contract may be extinguished in like manner with any other obligation, and also in the manner prescribed by this Title.
• § 1688 — A contract is extinguished by its rescission.
• § 1689 — (a) A contract may be rescinded if all the parties thereto consent.
• § 1689.10 — (a) Except as provided in Sections 1689.
• § 1689.11 — (a) Except as provided in subdivision (c) of Section 1689.
• § 1689.12 — Any waiver or confession of judgment of the provisions of Sections 1689.
• § 1689.13 — Sections 1689.
• § 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
• § 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
• § 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 s
• § 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
• § 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.
• § 1689.22 — (a) Except as provided in Sections 1689.
• § 1689.23 — (a) Except as provided in subdivision (c) of Section 1689.
• § 1689.24 — As used in Sections 1689.
• § 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 cont
• § 1689.5 — As used in Sections 1689.
• § 1689.6 — (a) (1) Except for a contract written pursuant to Section 7151.
• § 1689.7 — (a) (1) Except for contracts written pursuant to Sections 7151.
• § 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)
• § 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
• § 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
• § 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 dis
• § 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
• § 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 prejud
• § 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
• § 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 s
• § 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.
• § 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 buy
• § 1694.4 — (a) Any contract for dating services which does not comply with this chapter is void and unenforceable.
• § 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 we
• § 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
• § 1694.7 — (a) A weight loss contract shall be in writing.
• § 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
• § 1694.9 — (a) Any contract for weight loss services which does not comply with this chapter is void and unenforceable.
• § 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.
• § 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
• § 1695.10 — Any waiver of the provisions of this chapter shall be void and unenforceable as contrary to the public policy.
• § 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 per
• § 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
• § 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.
• § 1695.14 — (a) In any transaction involving residential real property in foreclosure, as defined in Section 1695.
• § 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 acquis
• § 1695.16 — (a) Any provision of a contract which attempts or purports to limit the liability of the equity purchaser under Section 1695.
• § 1695.17 — (a) Any representative, as defined in subdivision (b) of Section 1695.
• § 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
• § 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.
• § 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 th
• § 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
• § 1695.6 — (a) The contract as required by Sections 1695.
• § 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.
• § 1695.8 — Any equity purchaser who violates any subdivision of Section 1695.
• § 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.
• § 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.
• § 1698 — (a) A contract in writing may be modified by a contract in writing.
• § 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 consen
• § 17 — Wherever any notice or other communication is required by this code to be mailed by registered mail, the mailing of such notice or other communication by certified mail shall be deemed to be a suffici
• § 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
• § 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.
• § 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.
• § 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
• § 1708.5.5 — (a) Notwithstanding Section 3515, consent shall not be a defense in any civil action under Section 1708.
• § 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.
• § 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 sub
• § 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
• § 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 t
• § 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 conse
• § 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 repre
• § 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, depictin
• § 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
• § 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
• § 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.
• § 1710 — A deceit, within the meaning of the last section, is either: 1.
• § 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 cleane
• § 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,
• § 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 dece
• § 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 th
• § 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 unti
• § 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 h
• § 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.
• § 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
• § 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 re
• § 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
• § 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 cardi
• § 1714.21 — (a) For purposes of this section, the following definitions shall apply: (1) “AED” or “defibrillator” means an automated external defibrillator.
• § 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 Dr
• § 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.
• § 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 r
• § 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 h
• § 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
• § 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 medi
• § 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
• § 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 havin
• § 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 supp
• § 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 supp
• § 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
• § 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 ordina
• § 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 t
• § 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
• § 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 maintain
• § 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 (c
• § 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 mili
• § 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 locomo
• § 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 o
• § 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
• § 1715 — Other obligations are prescribed by Divisions I and II of this Code.
• § 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 a
• § 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
• § 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 Procedu
• § 1718 — (a) As used in this section: (1) “Farm machinery” means all tools and equipment used in relation to the operation of a farm.
• § 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
• § 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, servi
• § 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
• § 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 a
• § 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 c
• § 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 tha
• § 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)
• § 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.
• § 1738.10 — The Legislature finds and declares that independent wholesale sales representatives are a key ingredient to the California economy.
• § 1738.11 — This chapter shall be known and cited as the Independent Wholesale Sales Representatives Contractual Relations Act of 1990.
• § 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 b
• § 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, jobb
• § 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 person
• § 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
• § 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.
• § 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.
• § 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 th
• § 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
• § 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
• § 1738.8 — Any provision of a contract or agreement whereby the consignor waives any provision of this title is void.
• § 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 contr
• § 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.
• § 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.