reglab/housing_qa huggingface dataset:
CA Com Code § 10307 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 3 - Effect of Lease Contract|Section 10307.

10307.  (a) Except as otherwise provided in Section 10306, a creditor of a lessee takes subject to the lease contract.(b) Except as otherwise provided in subdivision (c) and in Sections 10306 and 10308, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable.(c) Except as otherwise provided in Sections 9317, 9321, and 9323, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor.(Amended by Stats. 1999, Ch. 991, Sec. 38. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
CA Com Code § 10308 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 3 - Effect of Lease Contract|Section 10308.

10308.  (a) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent or void under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent or void. (b) Nothing in this division impairs the rights of creditors of a lessor if the lease contract is made under circumstances which under any statute or rule of law apart from this division would constitute the transaction a fraudulent transfer or voidable preference. (c) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.(Amended by Stats. 1991, Ch. 111, Sec. 29. Effective July 15, 1991.)
CA Com Code § 10310 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 3 - Effect of Lease Contract|Section 10310.

10310.  (a) Goods are “accessions” when they are installed in or affixed to other goods. (b) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subdivision (d). (c) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subdivision (d) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole. (d) The interest of a lessor or a lessee under a lease contract described in subdivision (b) or (c) is subordinate to the interest of: (1) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or(2) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract. (e) When under subdivision (b) or subdivisions (c) and (d) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (1) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this division, or (2) if necessary to enforce his or her other rights and remedies under this division, remove the goods from the whole, free and clear of all interests in the whole, but he or she must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.(Amended by Stats. 1991, Ch. 111, Sec. 31. Effective July 15, 1991.)
CA Com Code § 10311 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 3 - Effect of Lease Contract|Section 10311.

10311.  Nothing in this division prevents subordination by agreement by any person entitled to priority.(Added by Stats. 1991, Ch. 111, Sec. 32. Effective July 15, 1991.)
CA Com Code § 10401 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 4 - Performance of Leased Contract: Repudiated, Substituted, and Excused|Section 10401.

10401.  (a) A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. (b) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he or she has not already received the agreed return. (c) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed 30 days after receipt of a demand by the other party. (d) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards. (e) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.(Amended by Stats. 1991, Ch. 111, Sec. 33. Effective July 15, 1991.)
CA Com Code § 10402 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 4 - Performance of Leased Contract: Repudiated, Substituted, and Excused|Section 10402.

10402.  (a) If either party repudiates a lease contract, other than a consumer lease, with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may: (1) For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party; (2) Make demand pursuant to Section 10401 and await assurance of future performance adequate under the circumstances of the particular case; or (3) Resort to any right or remedy upon default under the lease contract or this division, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party’s performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this division on the lessor’s right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (Section 10524).(b) The rights and remedies of the parties to a consumer lease in connection with a repudiation of that lease shall be determined under other laws, and this section shall not affect the applicability or interpretation of those laws.(Amended by Stats. 1991, Ch. 111, Sec. 34. Effective July 15, 1991.)
CA Com Code § 10403 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 4 - Performance of Leased Contract: Repudiated, Substituted, and Excused|Section 10403.

10403.  (a) Until the repudiating party’s next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has canceled the lease contract or materially changed the aggrieved party’s position or otherwise indicated that the aggrieved party considers the repudiation final. (b) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under Section 10401. (c) Retraction reinstates a repudiating party’s rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.(Amended by Stats. 1991, Ch. 111, Sec. 35. Effective July 15, 1991.)
CA Com Code § 10404 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 4 - Performance of Leased Contract: Repudiated, Substituted, and Excused|Section 10404.

10404.  (a) If without fault of the lessee, the lessor, and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted. (b) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation: (1) The lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and (2) If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee’s obligation unless the regulation is discriminatory, oppressive, or predatory.(Amended by Stats. 1991, Ch. 111, Sec. 36. Effective July 15, 1991.)
CA Com Code § 10405 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 4 - Performance of Leased Contract: Repudiated, Substituted, and Excused|Section 10405.

10405.  Subject to Section 10404 on substituted performance, the following rules apply:(1) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (2) and (3) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid. (2) If the causes mentioned in paragraph (1) affect only part of the lessor’s or the supplier’s capacity to perform, he or she shall allocate production and deliveries among his or her customers but at his or her option may include regular customers not then under contract for sale or lease as well as his or her own requirements for further manufacture. He or she may so allocate in any manner that is fair and reasonable. (3) The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under paragraph (2), of the estimated quota thus made available for the lessee.(Amended by Stats. 1991, Ch. 111, Sec. 37. Effective July 15, 1991.)
CA Com Code § 10406 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 4 - Performance of Leased Contract: Repudiated, Substituted, and Excused|Section 10406.

10406.  (a) If the lessee receives notification of a material or indefinite delay or an allocation justified under Section 10405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (Section 10510): (1) Terminate the lease contract (subdivision (b) of Section 10505); or (2) Except in a finance lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor. (b) If, after receipt of a notification from the lessor under Section 10405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected.(Amended by Stats. 1991, Ch. 111, Sec. 38. Effective July 15, 1991.)
CA Com Code § 10407 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 4 - Performance of Leased Contract: Repudiated, Substituted, and Excused|Section 10407.

10407.  (a) In the case of a finance lease that is not a consumer lease the lessee’s promises under the lease contract become irrevocable and independent upon the lessee’s acceptance of the goods. (b) A promise that has become irrevocable and independent under subdivision (a): (1) Is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and (2) Is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs. (c) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee’s promises irrevocable and independent upon the lessee’s acceptance of the goods.(Amended by Stats. 1991, Ch. 111, Sec. 39. Effective July 15, 1991.)
CA Com Code § 10600 (2021)
2021 California Code|Commercial Code - COM|DIVISION 10 - PERSONAL PROPERTY LEASES|CHAPTER 6 - Transition Provisions|Section 10600.

10600.  This division shall apply to all lease contracts that are first made or that first become effective between the parties on or after January 1, 1990. This division shall not apply to any lease contract first made or that first became effective between the parties prior to January 1, 1990, or to any extension, amendment, modification, renewal, or supplement of or to the lease contract, unless the parties thereto specifically agree in writing that the lease contract, as extended, amended, modified, renewed, or supplemented, shall be governed by this division.(Added by Stats. 1988, Ch. 1359, Sec. 5. Operative January 1, 1990, by Sec. 11 of Ch. 1359.)
CA Com Code § 11101 (2021)
2021 California Code|Commercial Code - COM|DIVISION 11 - FUNDS TRANSFERS|CHAPTER 1 - Subject Matter and Definitions|Section 11101.

11101.  This division may be cited as Uniform Commercial Code—Funds Transfers.(Added by Stats. 1990, Ch. 125, Sec. 2.)
CA Com Code § 11102 (2021)
2021 California Code|Commercial Code - COM|DIVISION 11 - FUNDS TRANSFERS|CHAPTER 1 - Subject Matter and Definitions|Section 11102.

11102.  Except as otherwise provided in Section 11108, this division applies to funds transfers defined in Section 11104.(Added by Stats. 1990, Ch. 125, Sec. 2.)
CA Com Code § 11103 (2021)
2021 California Code|Commercial Code - COM|DIVISION 11 - FUNDS TRANSFERS|CHAPTER 1 - Subject Matter and Definitions|Section 11103.

11103.  (a) In this division:(1) “Payment order” means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if all of the following apply:(i) The instruction does not state a condition to payment to the beneficiary other than time of payment.(ii) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender.(iii) The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank.(2) “Beneficiary” means the person to be paid by the beneficiary’s bank.(3) “Beneficiary’s bank” means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.(4) “Receiving bank” means the bank to which the sender’s instruction is addressed.(5) “Sender” means the person giving the instruction to the receiving bank. (b) If an instruction complying with paragraph (1) of subdivision (a) is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.(c) A payment order is issued when it is sent to the receiving bank.(Added by Stats. 1990, Ch. 125, Sec. 2.)
CA Com Code § 11104 (2021)
2021 California Code|Commercial Code - COM|DIVISION 11 - FUNDS TRANSFERS|CHAPTER 1 - Subject Matter and Definitions|Section 11104.

11104.  In this division:(a) “Funds transfer” means the series of transactions, beginning with the originator’s payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator’s bank or an intermediary bank intended to carry out the originator’s payment order. A funds transfer is completed by acceptance by the beneficiary’s bank of a payment order for the benefit of the beneficiary of the originator’s payment order.(b) “Intermediary bank” means a receiving bank other than the originator’s bank or the beneficiary’s bank.(c) “Originator” means the sender of the first payment order in a funds transfer.(d) “Originator’s bank” means (i) the receiving bank to which the payment order of the originator is issued if the originator is not a bank, or (ii) the originator if the originator is a bank.(Added by Stats. 1990, Ch. 125, Sec. 2.)
CA Com Code § 11105 (2021)
2021 California Code|Commercial Code - COM|DIVISION 11 - FUNDS TRANSFERS|CHAPTER 1 - Subject Matter and Definitions|Section 11105.

11105.  (a) In this division:(1) “Authorized account” means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.(2) “Bank” means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this division.(3) “Customer” means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.(4) “Funds-transfer business day” of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.(5) “Funds-transfer system” means a wire transfer network, automated clearinghouse, or other communication system of a clearinghouse or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.(6)  [Reserved](7) “Prove” with respect to a fact means to meet the burden of establishing the fact under subdivision (8) of Section 1201.(b) Other definitions applying to this division and the sections in which they appear are:Acceptance: Section 11209.Beneficiary: Section 11103.Beneficiary’s bank: Section 11103.Executed: Section 11301.Execution date: Section 11301.Funds transfer: Section 11104.Funds-transfer system rule: Section 11501.Intermediary bank: Section 11104.Originator: Section 11104.Originator’s bank: Section 11104.Payment by beneficiary’s bank to beneficiary: Section 11405.Payment by originator to beneficiary: Section 11406.Payment by sender to receiving bank: Section 11403.Payment date: Section 11401.Payment order: Section 11103.Receiving bank: Section 11103.Security procedure: Section 11201.Sender: Section 11103.(c) The following definitions in Division 4 (commencing with Section 4101) apply to this division:Clearinghouse: Section 4104.Item: Section 4104.Suspends payments: Section 4104.(d) In addition, Division 1 (commencing with Section 1101) contains general definitions and principles of construction and interpretation applicable throughout this division.(Amended by Stats. 2006, Ch. 254, Sec. 73. Effective January 1, 2007.)
CA Com Code § 11106 (2021)
2021 California Code|Commercial Code - COM|DIVISION 11 - FUNDS TRANSFERS|CHAPTER 1 - Subject Matter and Definitions|Section 11106.

11106.  (a) The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in Section 1202. A receiving bank may fix a cutoff time or times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cutoff times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cutoff time may apply to senders generally or different cutoff times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cutoff time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.(b) If this division refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this division.(Amended by Stats. 2006, Ch. 254, Sec. 74. Effective January 1, 2007.)
CA Com Code § 11107 (2021)
2021 California Code|Commercial Code - COM|DIVISION 11 - FUNDS TRANSFERS|CHAPTER 1 - Subject Matter and Definitions|Section 11107.

11107.  Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this division to the extent of the inconsistency.(Added by Stats. 1990, Ch. 125, Sec. 2.)
CA Com Code § 11108 (2021)
2021 California Code|Commercial Code - COM|DIVISION 11 - FUNDS TRANSFERS|CHAPTER 1 - Subject Matter and Definitions|Section 11108.

11108.  (a) Except as provided in subdivision (b), this division does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. Sec. 1693 et seq.) as amended from time to time.(b) This division shall apply to a funds transfer that is a remittance transfer as defined in Section 1693o-1 of Title 15 of the United States Code, as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in Section 1693a of Title 15 of the United States Code, as amended from time to time.(c) In a funds transfer pursuant to this division, if there is an inconsistency between the applicable provision of this division and the federal act, the applicable provisions of the federal act shall control to the extent of the inconsistency.(Amended by Stats. 2012, Ch. 392, Sec. 1. (SB 708) Effective January 1, 2013.)