reglab/housing_qa huggingface dataset:
CA Civ Code § 3321 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 1 - Damages for Breach of Contract|Section 3321.

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 than 15 days after receipt of each progress payment or final retention payment. If the prime design professional disputes in good faith any portion of the amount due, he or she may withhold from the payment an amount not to exceed 150 percent of the disputed amount. The disputed amount withheld shall not be subject to any penalty authorized by this section.(b) If any amount is wrongfully withheld or is not timely paid in violation of this section, the subconsultant design professional shall be entitled to a penalty of 11/2 percent of the improperly withheld amount, in lieu of any interest otherwise due, per month, for each month that payment is not made. In any action for the collection of amounts withheld in violation of this section, the prevailing party shall be entitled to his or her reasonable attorney’s fees and costs.(c) The penalty described in subdivision (b) shall be separate from, and in addition to, the design professionals liens provided by Chapter 3 (commencing with Section 8300) of Title 2 of Part 6 of Division 4, mechanics liens provided by Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4, and stop payment notices on public works provided by Chapter 4 (commencing with Section 9350) of Title 3 of Part 6 of Division 4.(d) None of the rights or obligations created by this section between prime design professionals and subconsultant design professionals shall apply to construction loan funds held by a lender pursuant to a construction loan agreement.(e) For purposes of this section:(1) “Public agency” means the state, any county, any city, any city and county, any district, any public authority, any public agency, any municipal corporation, or other political subdivision or political corporation of the state.(2) “Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.(3) “Prime design professional” means a design professional having a written contract directly with the public agency.(4) “Subconsultant design professional” means a design professional having a written contract with a prime design professional.(Amended by Stats. 2010, Ch. 697, Sec. 19. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
CA Civ Code § 3322 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 1 - Damages for Breach of Contract|Section 3322.

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 calendar month in which the transportation was performed, if the charges, including all necessary documentation, are submitted by the fifth day following the last day of the calendar month in which the transportation was performed. If there is a good faith dispute over a portion of the charges claimed, the broker may withhold payment of an amount not to exceed 150 percent of the estimated cost of the disputed amount.(2) A broker who violates paragraph (1) shall pay to the motor carrier of property in dump truck equipment a penalty of 2 percent per month on the improperly withheld amount. (3) In an action for the collection of moneys not paid in accordance with paragraph (1), the prevailing party shall be entitled to his or her attorney’s fees and costs.(b) For purposes of subdivision (a), the following definitions apply:(1) A “broker of construction trucking services” means any person, excluding a licensed contractor, that, as a principal or agent, arranges for transportation services to be provided by an independent contractor motor carrier of property in dump truck equipment and who is responsible for paying the transportation charges of the motor carrier.(2) A “motor carrier of property in dump truck equipment” means a motor carrier of property permitted by the Department of Motor Vehicles that hauls any type of construction commodity or material in dump truck equipment.(c) Subdivision (a) only applies if a motor carrier of property is in compliance with Division 14.85 (commencing with Section 36000) of the Vehicle Code at the time the dump truck transportation work is performed.(Added by Stats. 2004, Ch. 518, Sec. 1. Effective January 1, 2005.)
CA Civ Code § 3333 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3333.

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 proximately caused thereby, whether it could have been anticipated or not.(Enacted 1872.)
CA Civ Code § 3333.1 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3333.1.

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 benefit to the plaintiff as a result of the personal injury pursuant to the United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services. Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his right to any insurance benefits concerning which the defendant has introduced evidence.(b) No source of collateral benefits introduced pursuant to subdivision (a) shall recover any amount against the plaintiff nor shall it be subrogated to the rights of the plaintiff against a defendant.(c) For the purposes of this section:(1) “Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Health care provider” includes the legal representatives of a health care provider;(2) “Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.(Amended by Stats. 1976, Ch. 1079.)
CA Civ Code § 3333.2 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3333.2.

3333.2.  (a) In any action for injury against a health care provider based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage.(b) In no action shall the amount of damages for noneconomic losses exceed two hundred fifty thousand dollars ($250,000).(c) For the purposes of this section:(1) “Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Health care provider” includes the legal representatives of a health care provider;(2) “Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.(Amended by Stats. 1975, 2nd Ex. Sess., Ch. 2.)
CA Civ Code § 3333.3 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3333.3.

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 immediate flight therefrom, and the plaintiff has been duly convicted of that felony.(Added November 5, 1996, by initiative Proposition 213, Sec. 3. Applicable, by Sec. 4 of Prop. 213, to actions in which the initial trial has not commenced prior to January 1, 1997. Note: Prop. 213 (The Personal Responsibility Act of 1996) also includes Section 3333.4.)
CA Civ Code § 3333.4 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3333.4.

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 pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies: (1) The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.(2) The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state.(3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state.(b) Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person injured as described in subdivision (a).(c) In the event a person described in paragraph (2) of subdivision (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.(Added November 5, 1996, by initiative Proposition 213, Sec. 3. Applicable, by Sec. 4 of Prop. 213, to actions in which the initial trial has not commenced prior to January 1, 1997. Note: Prop. 213 (The Personal Responsibility Act of 1996) also includes Section 3333.3.)
CA Civ Code § 3333.7 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3333.7.

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 the driver’s employer where it is shown both that the driver of a commercial motor vehicle was under the influence of alcohol or a controlled substance at the time that the injury was caused and that the driver’s employer willfully failed at the time of the injury to comply with any of the requirements of federal law described in subdivision (a) of Section 34520 of the Vehicle Code in regard to the involved driver.(b) For the purposes of subdivision (a), “willfully failed” has the same meaning as “willful failure” as defined in paragraph (3) of subdivision (c) of Section 34623 of the Vehicle Code.(c) For purposes of subdivision (a), an “employer” is a person or entity who employs the driver or who contracts with an owner-operator, who meets the requirements set forth in subdivision (b) of Section 34624 of the Vehicle Code, to provide transportation services, and who is required to engage in mandatory substance abuse testing pursuant to subdivision (a) of Section 34520 of the Vehicle Code. This subdivision shall not be construed to change the definition of “employer,” “employee,” or “independent contractor” for any purpose.(d) Nothing in this section is intended to preclude or affect existing rights.(Added by Stats. 2001, Ch. 298, Sec. 1. Effective January 1, 2002.)
CA Civ Code § 3333.8 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3333.8.

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.(b) Notwithstanding Sections 13009 and 13009.1 of the Health and Safety Code, no person shall be liable for any fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code resulting from a prescribed burn if all of the following conditions are met:(1) The purpose of the burn is for wildland fire hazard reduction, ecological maintenance and restoration, cultural burning, silviculture, or agriculture.(2) A person certified as a burn boss pursuant to Section 4477 of the Public Resources Code reviewed and approved a written prescription for the burn that includes adequate risk mitigation measures.(3) The burn is conducted in compliance with the written prescription.(4) The burn is authorized pursuant to Chapter 6 (commencing with Section 4411) or Chapter 7 (commencing with Section 4461) of Part 2 of Division 4 of the Public Resources Code.(5) The burner has a landowner’s written permission or the approval of the governing body of a Native American Tribe to burn.(6) The burn is conducted in compliance with any air quality permit required pursuant to Article 3 (commencing with Section 41850) of Chapter 3 of Part 4 of Division 26 of the Health and Safety Code.(7) Cultural burns conducted by a cultural fire practitioner are exempt from paragraphs (2) and (3).(c) This section shall not be construed to grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence.(d) Nothing in this section affects the ability of a private or public entity plaintiff to bring a civil action against any defendant.(e) “Cultural burn” means the intentional application of fire to land by Native American tribes, tribal organizations, or cultural fire practitioners to achieve cultural goals or objectives, including subsistence, ceremonial activities, biodiversity, or other benefits.(f) “Cultural fire practitioner” means a person associated with a Native American tribe or tribal organization with experience in burning to meet cultural goals or objectives, including subsistence, ceremonial activities, biodiversity, or other benefits.(Added by Stats. 2021, Ch. 600, Sec. 1. (SB 332) Effective January 1, 2022.)
CA Civ Code § 3334 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3334.

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 1230.010) of Part 3 of the Code of Civil Procedure), or Section 1174 of the Code of Civil Procedure, is deemed to include the value of the use of the property for the time of that wrongful occupation, not exceeding five years next preceding the commencement of the action or proceeding to enforce the right to damages, the reasonable cost of repair or restoration of the property to its original condition, and the costs, if any, of recovering the possession.(b) (1) Except as provided in paragraph (2), for purposes of subdivision (a), the value of the use of the property shall be the greater of the reasonable rental value of that property or the benefits obtained by the person wrongfully occupying the property by reason of that wrongful occupation.(2) If a wrongful occupation of real property subject to this section is the result of a mistake of fact of the wrongful occupier, the value of the use of the property, for purposes of subdivision (a), shall be the reasonable rental value of the property.(Amended by Stats. 1992, Ch. 469, Sec. 1. Effective January 1, 1993.)
CA Civ Code § 3335 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3335.

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 of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over.(Enacted 1872.)
CA Civ Code § 3336 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3336.

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 sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; andSecond—A fair compensation for the time and money properly expended in pursuit of the property.(Amended by Stats. 1931, Ch. 633.)
CA Civ Code § 3337 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3337.

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 owner, without his consent.(Enacted 1872.)
CA Civ Code § 3338 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3338.

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 by the lien, and the compensation allowed by Section 3336 for loss of time and expenses.(Enacted 1872.)
CA Civ Code § 3339 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3339.

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 individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.(b) For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status unless the person seeking to make this inquiry has shown by clear and convincing evidence that this inquiry is necessary in order to comply with federal immigration law.(c) The provisions of this section are declaratory of existing law.(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(Amended by Stats. 2017, Ch. 160, Sec. 1. (AB 1690) Effective January 1, 2018.)
CA Civ Code § 3339.5 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 1 - RELIEF|TITLE 2 - COMPENSATORY RELIEF|CHAPTER 2 - Measure of Damages|ARTICLE 2 - Damages for Wrongs|Section 3339.5.

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 that would directly violate federal law. (b) Discovery or other inquiry in a civil action or proceeding relating to a minor child’s immigration status shall not be permitted except where the minor child’s claims place the minor child’s immigration status directly in contention or the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law. (c) The provisions of this section are declaratory of existing law.(d) The express application of this act to minors is not intended to imply that adults are not likewise protected by existing law in the same circumstances.(Added by Stats. 2015, Ch. 151, Sec. 1. (AB 560) Effective January 1, 2016.)