reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2.5 - Home Equity Sales Contracts › Section 1695.14.

1695.14. (a) In any transaction involving residential real property in foreclosure, as defined in Section 1695.1, which is in violation of Section 1695.13 is voidable and the transaction may be rescinded by the property owner within two years of the date of the recordation of the conveyance of the residential real property in foreclosure.
(b) Such rescission shall be effected by giving written notice as provided in Section 1691 to the equity purchaser and his successor in interest, if the successor is not a bona fide purchaser or encumbrancer for value as set forth in subdivision (c), and by recording such notice with the county recorder of the county in which the property is located, within two years of the date of the recordation of the conveyance to the equity purchaser. The notice of rescission shall contain the names of the property owner and the name of the equity purchaser in addition to any successor in interest holding record title to the real property and shall particularly describe such real property. The equity purchaser and his successor in interest if the successor is not a bona fide purchaser or encumbrancer for value as set forth in subdivision (c), shall have 20 days after the delivery of the notice in which to reconvey title to the property free and clear of encumbrances created subsequent to the rescinded transaction. Upon failure to reconvey title within such time, the rescinding party may bring an action to enforce the rescission and for cancellation of the deed.
(c) The provisions of this section shall not affect the interest of a bona fide purchaser or encumbrancer for value if such purchase or encumbrance occurred prior to the recordation of the notice of rescission pursuant to subdivision (b). Knowledge that the property was residential real property in foreclosure shall not impair the status of such persons or entities as bona fide purchasers or encumbrancers for value. This subdivision shall not be deemed to abrogate any duty of inquiry which exists as to rights or interests of persons in possession of the residential real property in foreclosure.
(d) In any action brought to enforce a rescission pursuant to this section, the prevailing party shall be entitled to costs and reasonable attorneys fees.
(e) The remedies provided by this section shall be in addition to any other remedies provided by law.
(Added by Stats. 1980, Ch. 423, Sec. 11. Effective July 11, 1980.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2.5 - Home Equity Sales Contracts › Section 1695.15.

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 acquisition of a residence in foreclosure, receipt of any consideration or property from or on behalf of the equity seller, or the performance of any act prohibited by this chapter.
(b) “Representative” for the purposes of this section means a person who in any manner solicits, induces, or causes any property owner to transfer title or solicits any member of the property owner’s family or household to induce or cause any property owner to transfer title to the residence in foreclosure to the equity purchaser.
(Added by Stats. 1990, Ch. 1537, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2.5 - Home Equity Sales Contracts › Section 1695.16.

1695.16. (a) Any provision of a contract which attempts or purports to limit the liability of the equity purchaser under Section 1695.15 shall be void and shall at the option of the equity seller render the equity purchase contract void. The equity purchaser shall be liable to the equity seller for all damages proximately caused by that provision. Any provision in a contract which attempts or purports to require arbitration of any dispute arising under this chapter shall be void at the option of the equity seller only upon grounds as exist for the revocation of any contract.
(b) This section shall apply to any contract entered into on or after January 1, 1991.
(Added by Stats. 1990, Ch. 1537, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2.5 - Home Equity Sales Contracts › Section 1695.17.

1695.17. (a) Any representative, as defined in subdivision (b) of Section 1695.15, deemed to be the agent or employee, or both the agent and the employee of the equity purchaser shall be required to provide both of the following:
(1) Written proof to the equity seller that the representative has a valid current California Real Estate Sales License and that the representative is bonded by an admitted surety insurer in an amount equal to twice the fair market value of the real property which is the subject of the contract.
(2) A statement in writing, under penalty of perjury, that the representative has a valid current California Real Estate Sales License, is bonded by an admitted surety insurer in an amount equal to at least twice the value of the real property which is the subject of the contract and has complied with paragraph (1). The written statement required by this paragraph shall be provided to all parties to the contract prior to the transfer of any interest in the real property which is the subject of the contract.
(b) The failure to comply with subdivision (a) shall at the option of the equity seller render the equity purchase contract void and the equity purchaser shall be liable to the equity seller for all damages proximately caused by the failure to comply.
(Added by Stats. 1990, Ch. 1537, Sec. 3.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 3 - Modification and Cancellation › Section 1697.

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.
(Amended by Stats. 1976, Ch. 109.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 3 - Modification and Cancellation › Section 1698.

1698. (a) A contract in writing may be modified by a contract in writing.
(b) A contract in writing may be modified by an oral agreement to the extent that the oral agreement is executed by the parties.
(c) Unless the contract otherwise expressly provides, a contract in writing may be modified by an oral agreement supported by new consideration. The statute of frauds (Section 1624) is required to be satisfied if the contract as modified is within its provisions.
(d) Nothing in this section precludes in an appropriate case the application of rules of law concerning estoppel, oral novation and substitution of a new agreement, rescission of a written contract by an oral agreement, waiver of a provision of a written contract, or oral independent collateral contracts.
(Repealed and added by Stats. 1976, Ch. 109.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 3 - Modification and Cancellation › Section 1699.

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 consenting to the act.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 3 - Modification and Cancellation › Section 1700.

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 the contract in his favor, against parties who do not consent to the act.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 3 - Modification and Cancellation › Section 1701.

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.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1708.

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.
(Amended by Stats. 2002, Ch. 664, Sec. 38.5. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1708.5.

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 with that person directly or indirectly results.
(2) Acts with the intent to cause a harmful or offensive contact with another by use of the person’s intimate part, and a sexually offensive contact with that person directly or indirectly results.
(3) Acts to cause an imminent apprehension of the conduct described in paragraph (1) or (2), and a sexually offensive contact with that person directly or indirectly results.
(4) Causes contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.
(5) Causes contact between an intimate part of the person and a sexual organ of another from which the person removed a condom without verbal consent.
(b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.
(c) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(d) For the purposes of this section:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female.
(2) “Offensive contact” means contact that offends a reasonable sense of personal dignity.
(e) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.
(Amended by Stats. 2021, Ch. 613, Sec. 1. (AB 453) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1708.5.5.

1708.5.5. (a) Notwithstanding Section 3515, consent shall not be a defense in any civil action under Section 1708.5 if the person who commits the sexual battery is an adult who is in a position of authority over the minor.
(b) For purposes of this section, an adult is in a “position of authority” if he or she, by reason of that position, is able to exercise undue influence over a minor. A “position of authority” includes, but is not limited to, a natural parent, stepparent, foster parent, relative, partner of any such parent or relative, caretaker, youth leader, recreational director, athletic manager, coach, teacher, counselor, therapist, religious leader, doctor, employee of one of those aforementioned persons, or coworker.
(c) For purposes of this section, “undue influence” has the same meaning as in Section 15610.70 of the Welfare and Institutions Code.
(Added by Stats. 2015, Ch. 128, Sec. 1. (SB 14) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1708.5.6.

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.
(b) A prevailing plaintiff who suffers harm as a result of a violation of Section 367g of the Penal Code may be awarded actual damages or statutory damages of not less than fifty thousand dollars ($50,000), whichever is greater.
(Added by Stats. 2021, Ch. 170, Sec. 1. (AB 556) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1708.6.

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 subdivision (a) of Section 13700 of the Penal Code.
(2) The abuse was committed by the defendant, a person having a relationship with the plaintiff as defined in subdivision (b) of Section 13700 of the Penal Code.
(b) A person who commits an act of domestic violence upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages pursuant to Section 3294.
(c) The court, in an action pursuant to this section, may grant to a prevailing plaintiff equitable relief, an injunction, costs, and any other relief that the court deems proper, including reasonable attorney’s fees.
(d) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.
(e) The time for commencement of an action under this section is governed by Section 340.15 of the Code of Civil Procedure.
(Added by Stats. 2002, Ch. 193, Sec. 2. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1710.

1710. A deceit, within the meaning of the last section, is either:
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;
3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or,
4. A promise, made without any intention of performing it.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1710.1.

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 cleaner, dictaphone, watch, watch movement, watchcase, or any other mechanical or electrical device, appliance, contrivance, material, piece of apparatus or equipment, from which the manufacturer’s nameplate, serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed, is civilly liable to the manufacturer in the sum of five hundred dollars ($500) per transaction and civilly liable to the purchaser for treble the actual damages sustained by the purchaser.
This section does not apply to those cases or instances where any of the changes or alterations enumerated in this section have been customarily made or done as an established practice in the ordinary and regular conduct of business by the original manufacturer or his duly appointed direct representative or under specific authorization from the original manufacturer.
(Added by Stats. 1971, Ch. 1713.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1710.2.

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, as these are not material facts that require disclosure:
(A) The occurrence of an occupant’s death upon the real property or the manner of death where the death has occurred more than three years prior to the date the transferee offers to purchase, lease, or rent the real property.
(B) That an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications.
(2) As used in this section:
(A) “Agent” includes any person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code.
(B) “Transferee” includes a purchaser, lessee, or renter of real property.
(3) No cause of action shall arise against an owner or his or her agent or any agent of a transferee for not disclosing facts pursuant to paragraph (1).
(b) It is the intent of the Legislature to occupy the field of regulation of disclosure related to either of the following:
(1) Deaths occurring upon real property.
(2) The HIV-positive status of a prior occupant in situations affecting the transfer of real property or any estate or interest in real property.
(c) This section shall not be construed to alter the law relating to disclosure pertaining to any other physical or mental condition or disease, and this section shall not relieve any owner or agent of any obligation to disclose the physical condition of the premises.
(d) This section shall not be construed to immunize an owner or his or her agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning deaths on the real property.
(Amended by Stats. 2016, Ch. 548, Sec. 1. (AB 73) Effective September 24, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1712.

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 the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.

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 her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.
(b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.
(c) Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.
(d) (1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.
(2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.
(Amended by Stats. 2011, Ch. 410, Sec. 1. (AB 1407) Effective January 1, 2012.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.01.

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.
(b) For the purpose of this section, “domestic partners” has the meaning provided in Section 297 of the Family Code.
(Added by Stats. 2001, Ch. 893, Sec. 1. Effective January 1, 2002.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.1.

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 control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct.
Subject to the provisions of subdivision (c), the joint and several liability of the parent or guardian having custody and control of a minor under this subdivision shall not exceed twenty-five thousand dollars ($25,000) for each tort of the minor, and in the case of injury to a person, imputed liability shall be further limited to medical, dental and hospital expenses incurred by the injured person, not to exceed twenty-five thousand dollars ($25,000). The liability imposed by this section is in addition to any liability now imposed by law.
(b) Any act of willful misconduct of a minor that results in the defacement of property of another with paint or a similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs, and attorney’s fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed twenty-five thousand dollars ($25,000), except as provided in subdivision (c), for each tort of the minor.
(c) The amounts listed in subdivisions (a) and (b) shall be adjusted every two years by the Judicial Council to reflect any increases in the cost of living in California, as indicated by the annual average of the California Consumer Price Index. The Judicial Council shall round this adjusted amount up or down to the nearest hundred dollars. On or before July 1 of each odd-numbered year, the Judicial Council shall compute and publish the amounts listed in subdivisions (a) and (b), as adjusted according to this subdivision.
(d) The maximum liability imposed by this section is the maximum liability authorized under this section at the time that the act of willful misconduct by a minor was committed.
(e) Nothing in this section shall impose liability on an insurer for a loss caused by the willful act of the insured for purposes of Section 533 of the Insurance Code. An insurer shall not be liable for the conduct imputed to a parent or guardian by this section for any amount in excess of ten thousand dollars ($10,000).
(Amended by Stats. 2007, Ch. 738, Sec. 2. Effective January 1, 2008.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.2.

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 cardiopulmonary resuscitation course which complies with the standards adopted by the American Heart Association or the American Red Cross for cardiopulmonary resuscitation and emergency cardiac care, and who, in good faith, renders emergency cardiopulmonary resuscitation at the scene of an emergency shall be liable for any civil damages as a result of any acts or omissions by such person rendering the emergency care.
(b) This section shall not be construed to grant immunity from civil damages to any person whose conduct in rendering such emergency care constitutes gross negligence.
(c) In order to encourage local agencies and other organizations to train citizens in cardiopulmonary resuscitation techniques, no local agency, entity of state or local government, or other public or private organization which sponsors, authorizes, supports, finances, or supervises the training of citizens in cardiopulmonary resuscitation shall be liable for any civil damages alleged to result from such training programs.
(d) In order to encourage qualified individuals to instruct citizens in cardiopulmonary resuscitation, no person who is certified to instruct in cardiopulmonary resuscitation by either the American Heart Association or the American Red Cross shall be liable for any civil damages alleged to result from the acts or omissions of an individual who received instruction on cardiopulmonary resuscitation by that certified instructor.
(e) This section shall not be construed to grant immunity from civil damages to any person who renders such emergency care to an individual with the expectation of receiving compensation from the individual for providing the emergency care.
(Added by Stats. 1977, Ch. 595.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.21.

1714.21. (a) For purposes of this section, the following definitions shall apply:
(1) “AED” or “defibrillator” means an automated external defibrillator.
(2) “CPR” means cardiopulmonary resuscitation.
(b) Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care.
(c) A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care.
(d) (1) A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code.
(2) A physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED pursuant to Section 1797.196 of the Health and Safety Code is not liable for civil damages resulting from acts or omissions in the rendering of emergency care by use of that AED.
(e) The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED.
(f) This section does not relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law.
(Amended by Stats. 2015, Ch. 264, Sec. 1. (SB 658) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.23.

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.
(A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma.
(B) Causes of anaphylaxis may include, but are not limited to, insect stings or bites, foods, drugs, and other allergens, as well as idiopathic or exercise-induced anaphylaxis.
(2) “Epinephrine auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of epinephrine into the human body to prevent or treat a life-threatening allergic reaction.
(b) (1) Any person described in subdivision (b) of Section 1797.197a of the Health and Safety Code who administers an epinephrine auto-injector, in good faith and not for compensation, to another person who appears to be experiencing anaphylaxis at the scene of an emergency situation is not liable for any civil damages resulting from his or her acts or omissions in administering the epinephrine auto-injector, if that person has complied with the requirements and standards of Section 1797.197a of the Health and Safety Code.
(2) (A) An authorized entity shall not be liable for any civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct connected to the administration of an epinephrine auto-injector by any one of its employees, volunteers, or agents who is a lay rescuer, as defined by paragraph (4) of subdivision (a) of Section 1797.197a of the Health and Safety Code, if the entity has complied with all applicable requirements of Section 1797.197a of the Health and Safety Code.
(B) The failure of an authorized entity to possess or administer an epinephrine auto-injector shall not result in civil liability.
(3) This subdivision does not affect any other immunity or defense that is available under law.
(c) The protection specified in paragraph (1) of subdivision (b) shall not apply in a case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care treatment by the use of an epinephrine auto-injector.
(d) Nothing in this section relieves a manufacturer, designer, developer, distributor, or supplier of an epinephrine auto-injector of liability under any other applicable law.
(e) An authorizing physician and surgeon is not subject to professional review, liable in a civil action, or subject to criminal prosecution for the issuance of a prescription or order in accordance with Section 1797.197a of the Health and Safety Code unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.
(Amended by Stats. 2016, Ch. 374, Sec. 2. (AB 1386) Effective January 1, 2017.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.29.

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.
(2) One bleeding control bandage.
(3) One pair of nonlatex protective gloves and a marker.
(4) One pair of scissors.
(5) Instructional documents developed by the Stop the Bleed national awareness campaign of the United States Department of Homeland Security or the American College of Surgeons Committee on Trauma, the American Red Cross, the Committee for Tactical Emergency Casualty Care, or any other partner of the United States Department of Defense.
(b) Medical materials and equipment similar to those described in paragraphs (1) to (4), inclusive, of subdivision (a) and any additional items that are approved by the medical director of the local emergency medical services agency may be included as supplements in addition to the items described in paragraphs (1) to (4), inclusive, of subdivision (a) if they adequately treat a traumatic injury and can be stored in a readily available kit.
(c) Subdivision (b) of Section 1799.102 of the Health and Safety Code, the “Good Samaritan Law,” applies to any lay rescuer or person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma kit at the scene of an emergency.
(d) A person who renders emergency care or treatment by the use of a trauma kit at the scene of an emergency and who receives compensation as a result of their employment by a property managing entity, a tenant of a building, or any other private or public employer, but is not compensated to provide emergency medical care, is not providing emergency medical care “for compensation” for purposes of Section 1799.102 of the Health and Safety Code.
(e) Section 1799.100 of the Health and Safety Code applies to a person or entity that voluntarily, and without expectation and receipt of compensation, does either of the following:
(1) Provides training in the use of a trauma kit to provide emergency medical treatment to victims of trauma, including, but not limited to, training in the use of the trauma kit in emergency first care response to an active shooter.
(2) Certifies persons, other than physicians and surgeons, registered nurses, and licensed vocational nurses, who are trained in the use of a trauma kit to provide emergency medical treatment to victims of trauma.
(f) This section does not require a property manager or person employed by a property managing entity to respond to an emergency with the use of trauma kits.
(Added by Stats. 2022, Ch. 586, Sec. 2. (AB 2260) Effective January 1, 2023.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.3.

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 having custody and control of the minor for all purposes of civil damages, and such parent or guardian shall be jointly and severally liable with such minor for any damages resulting from such act, if such parent or guardian either permitted the minor to have the firearm or left the firearm in a place accessible to the minor.
The liability imposed by this section is in addition to any liability otherwise imposed by law. However, no person, or group of persons collectively, shall incur liability under this section in any amount exceeding thirty thousand dollars ($30,000) for injury to or death of one person as a result of any one occurrence or, subject to the limit as to one person, exceeding sixty thousand dollars ($60,000) for injury to or death of all persons as a result of any one such occurrence.
(Amended by Stats. 1986, Ch. 1099, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.4.

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 support shall be liable for three times the value of the assistance provided, such as the fair market value of the obligor’s assets transferred or hidden. The maximum liability imposed by this section shall not exceed the entire child support obligation due. Any funds or assets collected pursuant to this section shall be paid to the child support obligee, and shall not reduce the amount of the unpaid child support obligation. Upon the satisfaction of the unpaid child support obligation, this section shall not apply.
(b) For purposes of this section, actions taken to knowingly assist a child support obligor to escape, evade, or avoid paying court-ordered or court-approved child support include, with actual knowledge of the child support obligation, helping to hide or transfer assets of the child support obligor.
(c) This section shall not apply to a financial institution unless the financial institution has actual knowledge of the child support obligation and, with that knowledge, knowingly assists the obligor to escape, evade, or avoid paying the child support obligation. However, a financial institution with knowledge of an asset transfer has no duty to inquire into the rightfulness of the transaction, nor shall it be deemed to have knowingly assisted an obligor to escape, evade, or avoid paying the child support obligation if that assistance is provided by an employee or agent of the financial institution acting outside the terms and conditions of employment or agency without the actual knowledge of the financial institution.
(Added by Stats. 2006, Ch. 820, Sec. 2. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.41.

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 support shall be liable for three times the value of the assistance provided, such as the fair market value of the assets transferred or hidden, or the amount of the wages or other compensation paid to the child support obligor but not reported. The maximum liability imposed by this section shall not exceed the entire child support obligation due. Any funds or assets collected pursuant to this section shall be paid to the child support obligee, and shall not reduce the amount of the unpaid child support obligation. Upon the satisfaction of the unpaid child support obligation, this section shall not apply.
(b) For purposes of this section, actions taken to knowingly assist a child support obligor to escape, evade, or avoid paying court-ordered or court-approved child support include, but are not limited to, any of the following actions taken when the individual or entity knew or should have known of the child support obligation:
(1) Hiring or employing the child support obligor as an employee in a trade or business and failing to timely file a report of new employees with the California New Employee Registry maintained by the Employment Development Department.
(2) Engaging the child support obligor as a service provider and failing to timely file a report with the Employment Development Department as required by Section 1088.8 of the Unemployment Insurance Code.
(3) When engaged in a trade or business, paying wages or other forms of compensation for services rendered by a child support obligor that are not reported to the Employment Development Department as required, including, but not limited to, payment in cash or via barter or trade.
(Added by Stats. 2006, Ch. 820, Sec. 3. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.45.

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 ordinary consumer who consumes the product with the ordinary knowledge common to the community.
(2) The product is a common consumer product intended for personal consumption, such as sugar, castor oil, alcohol, and butter, as identified in comment i to Section 402A of the Restatement (Second) of Torts.
(b) This section does not exempt the manufacture or sale of tobacco products by tobacco manufacturers and their successors in interest from product liability actions, but does exempt the sale or distribution of tobacco products by any other person, including, but not limited to, retailers or distributors.
(c) For purposes of this section, the term “product liability action” means any action for injury or death caused by a product, except that the term does not include an action based on a manufacturing defect or breach of an express warranty.
(d) This section is intended to be declarative of and does not alter or amend existing California law, including Cronin v. J.B.E. Olson Corp. (1972), 8 Cal. 3d 121, and shall apply to all product liability actions pending on, or commenced after, January 1, 1988.
(e) This section does not apply to, and never applied to, an action brought by a public entity to recover the value of benefits provided to individuals injured by a tobacco-related illness caused by the tortious conduct of a tobacco company or its successor in interest, including, but not limited to, an action brought pursuant to Section 14124.71 of the Welfare and Institutions Code. In the action brought by a public entity, the fact that the injured individual’s claim against the defendant may be barred by a prior version of this section shall not be a defense. This subdivision does not constitute a change in, but is declaratory of, existing law relating to tobacco products.
(f) It is the intention of the Legislature in enacting the amendments to subdivisions (a) and (b) of this section adopted at the 1997–98 Regular Session to declare that there exists no statutory bar to tobacco-related personal injury, wrongful death, or other tort claims against tobacco manufacturers and their successors in interest by California smokers or others who have suffered or incurred injuries, damages, or costs arising from the promotion, marketing, sale, or consumption of tobacco products. It is also the intention of the Legislature to clarify that those claims that were or are brought shall be determined on their merits, without the imposition of any claim of statutory bar or categorical defense.
(g) This section shall not be construed to grant immunity to a tobacco industry research organization.
(Amended by Stats. 1998, Ch. 485, Sec. 38. Effective January 1, 1999.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.55.

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 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code), shall not be liable for any civil claim, damage, or loss caused by an act or omission in the design, development, installation, maintenance, or provision of 9-1-1 service, unless the act or omission that proximately caused the claim, damage, or loss constituted gross negligence, wanton or willful misconduct, or intentional misconduct.
(b) For purposes of this section:
(1) “Public safety agency” means a public safety agency as defined in accordance with the Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code).
(2) “9-1-1 service” means a telecommunications service, or other wireline or wireless service, that provides to the user of the public telephone system the ability to reach a public safety agency by utilizing the digits 9-1-1 or otherwise facilitates the provision of emergency services pursuant to the Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code). “9-1-1 service” includes a 9-1-1 service that utilizes in whole or in part an Internet Protocol.
(c) This section shall not apply to services provided under tariff.
(d) This section shall not be construed to modify the liability of a manufacturer, distributor, or other person arising from a claim, damage, or loss, related to the operation or performance of an end-user device that is not related to the provision of 9-1-1 service.
(Added by Stats. 2011, Ch. 297, Sec. 1. (AB 1074) Effective September 21, 2011.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.6.

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 military commander who is authorized to issue such orders or proclamations; nor when the act or omission involved is required in order to comply with any regulation, directive, or order of the Governor promulgated under the California Emergency Services Act. No person shall be prosecuted for a violation of any statute or ordinance when violation of such statute or ordinance is required in order to comply with an order or proclamation of any military commander who is authorized to issue such orders or proclamations; nor shall any person be prosecuted for a violation of any statute or ordinance when violation of such statute or ordinance is required in order to comply with any regulation, directive, or order of the Governor promulgated under the California Emergency Services Act. The provisions of this section shall apply to such acts or omissions whether occurring prior to or after the effective date of this section.
(Amended by Stats. 1971, Ch. 438.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.7.

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 locomotive or railroad car while in motion without such authority, is injured while so riding or getting off, shall recover any damages from the owner or operator thereof for such injuries unless proximately caused by an intentional act of such owner or operator with knowledge that serious injury is the probable result of such act, or with a wanton and reckless disregard of the probable result of such act.
(Added by Stats. 1971, Ch. 1554.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 3 - OBLIGATIONS IMPOSED BY LAW › Section 1714.8.

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 of a disease or condition, or was the natural or expected result of reasonable treatment rendered for the disease or condition. This section shall not be construed so as to limit liability for the failure to inform of the risks of treatment or failure to accept treatment, or for negligent diagnosis or treatment or the negligent failure to diagnose or treat.
(b) As used in this section, “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 certified 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.
(Added by Stats. 1978, Ch. 1358.)