Cal. CIV § 1748.81 — California Code / Code civ / Division 3 / Part 4 / Title 1.3.5 / Chapter 2 / Section 1748.81
Section 1748.81
Status: in_force

A hosting platform, hotel, third-party booking service, or short-term rental shall allow a reservation for a hotel accommodation or a short-term rental located in California to be canceled without penalty for at least 24 hours after the reservation is confirmed if the reservation is made 72 hours or more before the time of check-in.
Cal. CIV § 1748.40 — California Code / Code civ / Division 3 / Part 4 / Title 1.3.5 / Chapter 1 / Section 1748.40
Section 1748.40
Status: in_force

For purposes of this chapter:

(a) “Accepted debit card” means any debit card which the debit cardholder has requested and received or has signed, or has used, or has authorized another person to use, for the purpose of obtaining money, property, labor, or services. Any debit card issued in renewal of, or in substitution for, an accepted debit card becomes an accepted debit card when received by the debit cardholder, whether the debit card is issued by the same or by a successor card issuer.

(b) “Business” means a proprietorship, partnership, corporation, or other form of commercial enterprise. “Business” does not include a restaurant.

(c) “Cardholder” means a natural person to whom a prepaid debit card is issued.

(d) “Debit card” means an accepted debit card or other means of access to a debit cardholder’s account that may be used to initiate electronic funds transfers and may be used without unique identifying information such as a personal identification number to initiate access to the debit cardholder’s account.

(e) “Prepaid debit card” means a debit card that meets either of the following:

(1) A card, code, or other means of access to funds of a recipient that is usable at multiple, unaffiliated merchants for goods or services, or usable at automated teller machines.

(2) The same as those terms or related terms are defined in the regulations adopted under the Electronic Fund Transfer Act regarding general use reloadable cards.

(f) “Refund” means a return of a sum of money to a customer who has overpaid for services or property or is otherwise owed money by the business.
Cal. CIV § 1748.41 — California Code / Code civ / Division 3 / Part 4 / Title 1.3.5 / Chapter 1 / Section 1748.41
Section 1748.41
Status: in_force

If a business offers a refund to a customer via a prepaid debit card for a purchase initiated by the customer in California, the business shall provide the customer with at least one other method of receiving the refund other than a prepaid debit card.
Cal. CIV § 2860 — California Code / Code civ / Division 3 / Part 4 / Title 13.5 / Section 2860
Section 2860
Status: in_force

(a) If the provisions of a policy of insurance impose a duty to defend upon an insurer and a conflict of interest arises which creates a duty on the part of the insurer to provide independent counsel to the insured, the insurer shall provide independent counsel to represent the insured unless, at the time the insured is informed that a possible conflict may arise or does exist, the insured expressly waives, in writing, the right to independent counsel. An insurance contract may contain a provision which sets forth the method of selecting that counsel consistent with this section.

(b) For purposes of this section, a conflict of interest does not exist as to allegations or facts in the litigation for which the insurer denies coverage; however, when an insurer reserves its rights on a given issue and the outcome of that coverage issue can be controlled by counsel first retained by the insurer for the defense of the claim, a conflict of interest may exist. No conflict of interest shall be deemed to exist as to allegations of punitive damages or be deemed to exist solely because an insured is sued for an amount in excess of the insurance policy limits.

(c) When the insured has selected independent counsel to represent him or her, the insurer may exercise its right to require that the counsel selected by the insured possess certain minimum qualifications which may include that the selected counsel have (1) at least five years of civil litigation practice which includes substantial defense experience in the subject at issue in the litigation, and (2) errors and omissions coverage. The insurer’s obligation to pay fees to the independent counsel selected by the insured is limited to the rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business in the defense of similar actions in the community where the claim arose or is being defended. This subdivision does not invalidate other different or additional policy provisions pertaining to attorney’s fees or providing for methods of settlement of disputes concerning those fees. Any dispute concerning attorney’s fees not resolved by these methods shall be resolved by final and binding arbitration by a single neutral arbitrator selected by the parties to the dispute.

(d) When independent counsel has been selected by the insured, it shall be the duty of that counsel and the insured to disclose to the insurer all information concerning the action except privileged materials relevant to coverage disputes, and timely to inform and consult with the insurer on all matters relating to the action. Any claim of privilege asserted is subject to in camera review in the appropriate law and motion department of the superior court. Any information disclosed by the insured or by independent counsel is not a waiver of the privilege as to any other party.

(e) The insured may waive its right to select independent counsel by signing the following statement:
“I have been advised and informed of my right to select independent counsel to represent me in this lawsuit. I have considered this matter fully and freely waive my right to select independent counsel at this time. I authorize my insurer to select a defense attorney to represent me in this lawsuit.”

(f) Where the insured selects independent counsel pursuant to the provisions of this section, both the counsel provided by the insurer and independent counsel selected by the insured shall be allowed to participate in all aspects of the litigation. Counsel shall cooperate fully in the exchange of information that is consistent with each counsel’s ethical and legal obligation to the insured. Nothing in this section shall relieve the insured of his or her duty to cooperate with the insurer under the terms of the insurance contract.
Cal. CIV § 1748.50 — California Code / Code civ / Division 3 / Part 4 / Title 1.3.5 / Chapter 1.5 / Section 1748.50
Section 1748.50
Status: in_force

Any provision in a contract or agreement that prohibits a consumer from publishing or making statements about the business as a condition of receiving a partial or complete refund or any other consideration or thing of value is contrary to public policy and shall be void and unenforceable.
Cal. CIV § 1748.80 — California Code / Code civ / Division 3 / Part 4 / Title 1.3.5 / Chapter 2 / Section 1748.80
Section 1748.80
Status: in_force

For purposes of this chapter:

(a) “Hosting platform” has the same meaning as defined in Section 22590 of the Business and Professions Code.

(b) (1) “Hotel” means a hotel, motel, bed and breakfast inn, or other similar transient lodging establishment located in this state.

(2) “Hotel” does not include a residential hotel, as defined in Section 50519 of the Health and Safety Code.

(c) “Third-party booking service” means a person that facilitates the booking of a hotel room or short-term rental in this state.

(d) “Short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 or fewer consecutive days and that is located in this state.
Cal. CIV § 1748.84 — California Code / Code civ / Division 3 / Part 4 / Title 1.3.5 / Chapter 2 / Section 1748.84
Section 1748.84
Status: in_force

This chapter does not apply to a reservation that meets any of the following criteria:

(a) The reservation was made for a negotiated rate that was not advertised, or otherwise made available, for booking by the general public.

(b) The reservation is for a hotel accommodation or short-term rental reservation that was confirmed before July 1, 2024.

(c) The reservation is one in which the specific hotel or short-term rental is not disclosed to the consumer until after the booking is confirmed.
Cal. CIV § 1748.82 — California Code / Code civ / Division 3 / Part 4 / Title 1.3.5 / Chapter 2 / Section 1748.82
Section 1748.82
Status: in_force

(a) If a consumer cancels a reservation pursuant to Section 1748.81, the hosting platform, hotel, third-party booking service, or short-term rental shall issue a refund to a consumer of all amounts paid to the hosting platform, hotel, third-party booking service, or short-term rental to the original form of payment within 30 days of the cancellation of the reservation.

(b) The refund required by this section shall include a refund of all fees charged to the consumer for optional services.
Cal. CIV § 1748.83 — California Code / Code civ / Division 3 / Part 4 / Title 1.3.5 / Chapter 2 / Section 1748.83
Section 1748.83
Status: in_force

(a) An action for a violation of this chapter may be brought only by any of the following:

(1) The Attorney General.

(2) A district attorney.

(3) A city attorney of a city having a population in excess of 750,000.

(4) A county counsel of any county within which a city has a population in excess of 750,000.

(5) With the consent of the district attorney, a city prosecutor in a city that has a full-time city prosecutor.

(b) In an action alleging a violation of this chapter, the court shall assess a civil penalty of not more than ten thousand dollars ($10,000) for each violation. In determining the amount of the civil penalty, the court shall consider any of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:

(1) The nature and seriousness of the misconduct.

(2) The number of violations.

(3) The persistence of the misconduct.

(4) The length of time over which the misconduct occurred.

(5) The willfulness of the misconduct.

(6) The defendant’s assets, liabilities, and net worth.

(c) Each day that a defendant remains in violation of this chapter shall constitute a single violation.

(d) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law.