reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1202.

1202. When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, any party interested may have an action in the superior court to obtain a judgment correcting the certificate.
(Amended by Stats. 1905, Ch. 445.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1203.

1203. Any person interested under an instrument entitled to be proved for record, may institute an action in the superior court against the proper parties to obtain a judgment proving such instrument.
(Amended by Stats. 1905, Ch. 445.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1204.

1204. A certified copy of the judgment in a proceeding instituted under either of the two preceding sections, showing the proof of the instrument, and attached thereto, entitles such instrument to record, with like effect as if acknowledged.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1205.

1205. The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before this Code goes into effect, executed, acknowledged, proved, or recorded is not affected by anything contained in this Chapter, but depends for its validity and legality upon the laws in force when the act was performed.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1206.

1206. All conveyances of real property made before this Code goes into effect, and acknowledged or proved according to the laws in force at the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded in the same manner and with the like effect, as conveyances executed and acknowledged in pursuance of this Chapter.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 3 - Proof and Acknowledgment of Instruments › Section 1207.

1207. Any instrument affecting the title to real property, one year after the same has been copied into the proper book of record, kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any defect, omission, or informality in the execution of the instrument, or in the certificate of acknowledgment thereof, or the absence of any such certificate; but nothing herein affects the rights of purchasers or encumbrancers previous to the taking effect of this act. Duly certified copies of the record of any such instrument may be read in evidence with like effect as copies of an instrument duly acknowledged and recorded; provided, when such copying in the proper book of record occurred within five years prior to the trial of the action, it is first shown that the original instrument was genuine.
(Amended by Stats. 1927, Ch. 489.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 4 - Effect of Recording, or the Want Thereof › Section 1213.

1213. Every conveyance of real property or an estate for years therein acknowledged or proved and certified and recorded as prescribed by law from the time it is filed with the recorder for record is constructive notice of the contents thereof to subsequent purchasers and mortgagees; and a certified copy of such a recorded conveyance may be recorded in any other county and when so recorded the record thereof shall have the same force and effect as though it was of the original conveyance and where the original conveyance has been recorded in any county wherein the property therein mentioned is not situated a certified copy of the recorded conveyance may be recorded in the county where such property is situated with the same force and effect as if the original conveyance had been recorded in that county.
(Amended by Stats. 1989, Ch. 698, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 4 - Effect of Recording, or the Want Thereof › Section 1214.

1214. Every conveyance of real property or an estate for years therein, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded, and as against any judgment affecting the title, unless the conveyance shall have been duly recorded prior to the record of notice of action.
(Amended by Stats. 1989, Ch. 698, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 4 - Effect of Recording, or the Want Thereof › Section 1215.

1215. The term “conveyance,” as used in Sections 1213 and 1214, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or incumbered, or by which the title to any real property may be affected, except wills.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 4 - Effect of Recording, or the Want Thereof › Section 1216.

1216. No power contained in an instrument to convey or execute instruments affecting real property which has been recorded is revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also acknowledged or proved, certified and recorded, in the same office in which the instrument containing the power was recorded.
(Amended by Stats. 1970, Ch. 323.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 4 - Effect of Recording, or the Want Thereof › Section 1217.

1217. An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 4 - Effect of Recording, or the Want Thereof › Section 1218.

1218. A certified copy of an instrument affecting the title to real property, once recorded, or a certified copy of the record of such instrument may be recorded in any other county, and, when so recorded, the record thereof has the same force and effect as though it was of the original instrument.
(Amended by Stats. 1913, Ch. 191.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 4 - Effect of Recording, or the Want Thereof › Section 1219.

1219. Oil and gas leases may be acknowledged or proved, certified and recorded in like manner and with like effect, as grants of real property. However, an oil and gas lease may be recorded and constructive notice of the same and the contents of that lease given in the following manner:
Any person may record in the office of county recorder of any county fictitious oil and gas leases. Those fictitious oil and gas leases need not be acknowledged, or proved, or certified, to be recorded or entitled to record. Oil and gas leases shall have noted upon the face thereof that they are fictitious. The county recorder shall index and record fictitious oil and gas leases in the same manner as other oil and gas leases are recorded, and shall note on all indices and records of the same that they are fictitious. Thereafter, any of the provisions of any recorded fictitious oil and gas lease may be included for any and all purposes in any oil and gas lease by reference therein to those provisions, without setting the same forth in full, if the fictitious oil and gas lease is of record in the county in which the oil and gas lease adopting or including by reference any of the provisions of the lease is recorded. The reference shall contain a statement, as to each county in which the oil and gas lease containing such a reference is recorded, of the date the fictitious oil and gas lease was recorded, the county recorder’s office in which it is recorded, and the book or volume and the first page of the records or the recorder’s instrument number in the recorder’s office in which the fictitious oil and gas lease was recorded, and a statement by paragraph numbers or any other method that will definitely identify the same, of the specific provisions of any fictitious oil and gas lease that are being adopted and included therein. The recording of any oil and gas lease which has included any provisions by reference shall operate as constructive notice of the whole including the terms, as a part of the written contents of any oil and gas lease, of any provisions so included by reference as though the same were written in full therein. The parties bound or to be bound by provisions so adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though the provisions had been and were set forth in full in the oil and gas lease.
(Amended by Stats. 2009, Ch. 54, Sec. 4. (SB 544) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 4 - Recording Transfers › ARTICLE 4 - Effect of Recording, or the Want Thereof › Section 1220.

1220. Contracts for the purchase or sale of standing timber or trees, for severance or otherwise, and all instruments in writing by which any estate or interest in, or right to cut, standing timber or trees is created, aliened, mortgaged or encumbered or by which the title to any standing timber or trees may be affected, may be acknowledged or proved, certified and recorded in like manner and with like effect, as grants of real property, and all statutory provisions relating to the recordation or nonrecordation of conveyances of real property and to the effect thereof shall apply to such contracts and instruments with like effect.
Any such contracts for purchase and sale or instruments in writing affecting the title to standing timber or trees, executed and delivered before the effective date of the amendment of this section at the 1959 Regular Session of the Legislature but unrecorded before such date, shall become subject to all statutory provisions relating to the recordation or nonrecordation of conveyances of real property and to the effect thereof one year from said effective date.
(Amended by Stats. 1959, Ch. 1795.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 5 - Unlawful Transfers › Section 1227.

1227. Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or incumbrancers thereon, is void as against every purchaser or incumbrancer, for value, of the same property, or the rents or profits thereof.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 5 - Unlawful Transfers › Section 1228.

1228. No instrument is to be avoided under the last section, in favor of a subsequent purchaser or incumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 5 - Unlawful Transfers › Section 1229.

1229. Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of, an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, or charge upon, the estate, by the person having the power or revocation, in favor of a purchaser or incumbrancer for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or incumbrancer.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 5 - Unlawful Transfers › Section 1230.

1230. Where a person having a power of revocation, within the provisions of the last section, is not entitled to execute it until after the time at which he makes such a grant or charge as is described in that section, the power is deemed to be executed as soon as he is entitled to execute it.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 4 - TRANSFER › CHAPTER 5 - Unlawful Transfers › Section 1231.

1231. Other provisions concerning unlawful transfers are contained in Part II, Division Fourth, of this Code, concerning the Special Relations of Debtor and Creditor.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 8 - WATER RIGHTS › Section 1415.

1415. A person desiring to appropriate water must post a notice, in writing, in a conspicuous place at the point of intended diversion, stating therein:
1. That he claims the water there flowing to the extent of (giving the number) inches, measured under a four-inch pressure;
2. The purposes for which he claims it, and the place of intended use;
3. The means by which he intends to divert it, and the size of the flume, ditch, pipe, or aqueduct in which he intends to divert it.
A copy of the notice must, within ten days after it is posted, be recorded in the office of the recorder of the county in which it is posted. After filing such copy for record, the place of intended diversion or the place of intended use or the means by which it is intended to divert the water, may be changed by the person posting said notice or his assigns, if others are not injured by such change. This provision applies to notices already filed as well as to notices hereafter filed.
(Amended by Stats. 1903, Ch. 262.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 8 - WATER RIGHTS › Section 1416.

1416. Within sixty days after the notice is posted, the claimant must commence the excavation or construction of the works in which he intends to divert the water, or the survey, road or trail building, necessarily incident thereto, and must prosecute the work diligently and uninterruptedly to completion, unless temporarily interrupted by snows or rain; provided, that if the erection of a dam has been recommended by the California dGbris commission at or near the place where it is intended to divert the water, the claimant shall have sixty days after the completion of such dam in which to commence the excavation or construction of the works in which he intends to divert the water; provided, that whenever any city and county, or any incorporated city or town within this state makes, or has made, or acquires, or has acquired any appropriation of any of the waters of this state in accordance with the provisions of section 1415 of this code, it shall not be necessary for such city and county, city or town to commence the work for development of more of the water so claimed than is actually necessary for the immediate needs of such city and county, city or town and it shall be held to be a sufficient compliance with the requirements of this chapter, to the full amount of water stated in the notice posted and recorded, for such city and county, city or town to within sixty days make the necessary surveys, or within six months to authorize the issuance of municipal bonds, for the construction of the necessary works designed to supply such city and county, city or town with the water required for immediate use. Any appropriation heretofore made by any such city and county, city or town in connection with which surveys were at any time made, or an issue of bonds authorized for the construction of any portion of the works necessary for a diversion of any part of the water appropriated, is hereby confirmed to the full amount of water stated in the original notice or notices.
(Amended by Stats. 1911, Ch. 730.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 8 - WATER RIGHTS › Section 1420.

1420. Persons who have heretofore claimed the right to water, and who have not constructed works in which to divert it, and who have not diverted nor applied it to some useful purpose, must, after this Title takes effect, and within twenty days thereafter, proceed as in this Title provided, or their right ceases.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 4 - ACQUISITION OF PROPERTY › TITLE 8 - WATER RIGHTS › Section 1422.

1422. If the place of intended diversion or any part of the route of intended conveyance of water so claimed, be within, and a part of, any national park, forest reservation, or other public reservation, and be so shown in the notice of appropriation of said water, then the claimant shall have sixty days, after the grant of authority to occupy and use such park or reservation for such intended purpose, within which to commence the excavation or construction of said works; provided that within sixty days after the posting of said notice of appropriation, as provided in section 1415 of the Civil Code, the claimant shall in good faith commence (and thereafter diligently and continuously, except when temporarily interrupted by snow or rain, prosecute to completion) such surveys and other work as under the regulations governing such park or reservations, may be required as preliminary to, or for use with, an application for such authority; and provided also that the claimant shall in good faith on completion of said survey and preliminary work, apply to the officer, board, or body, having charge of such park or reservation, for such authority, and shall thereafter, prosecute said application with reasonable diligence.
(Added by Stats. 1903, Ch. 272.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 1 - DEFINITION OF OBLIGATIONS › Section [1428.].

[1428.]
Section Fourteen Hundred and Twenty-eight. An obligation arises either from:
One—The contract of the parties; or,
Two—The operation of law. An obligation arising from operation of law may be enforced in the manner provided by law, or by civil action or proceeding.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 1 - General Rules of Interpretation › Section 1429.

1429. The rules which govern the interpretation of contracts are prescribed by Part II of this Division. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 2 - Joint or Several Obligations › Section 1430.

1430. An obligation imposed upon several persons, or a right created in favor of several persons, may be:
1. Joint;
2. Several; or,
3. Joint and several.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 2 - Joint or Several Obligations › Section 1431.

1431. Joint Liability
An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except as provided in Section 1431.2, and except in the special cases mentioned in the title on the interpretation of contracts. This presumption, in the case of a right, can be overcome only by express words to the contrary.
(Amended June 3, 1986, by initiative Proposition 51, Sec. 2. Note: Prop. 51 (the Fair Responsibility Act of 1986) includes Sections 1431.1 to 1431.5 and part of this section.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 2 - Joint or Several Obligations › Section 1431.1.

1431.1. Findings and Declaration of Purpose
The People of the State of California find and declare as follows:
a) The legal doctrine of joint and several liability, also known as “the deep pocket rule”, has resulted in a system of inequity and injustice that has threatened financial bankruptcy of local governments, other public agencies, private individuals and businesses and has resulted in higher prices for goods and services to the public and in higher taxes to the taxpayers.
b) Some governmental and private defendants are perceived to have substantial financial resources or insurance coverage and have thus been included in lawsuits even though there was little or no basis for finding them at fault. Under joint and several liability, if they are found to share even a fraction of the fault, they often are held financially liable for all the damage. The People—taxpayers and consumers alike—ultimately pay for these lawsuits in the form of higher taxes, higher prices and higher insurance premiums.
c) Local governments have been forced to curtail some essential police, fire and other protections because of the soaring costs of lawsuits and insurance premiums.
Therefore, the People of the State of California declare that to remedy these inequities, defendants in tort actions shall be held financially liable in closer proportion to their degree of fault. To treat them differently is unfair and inequitable.
The People of the State of California further declare that reforms in the liability laws in tort actions are necessary and proper to avoid catastrophic economic consequences for state and local governmental bodies as well as private individuals and businesses.
(Added June 3, 1986, by initiative Proposition 51, Sec. 3. Note: Prop. 51 (the Fair Responsibility Act of 1986) includes Sections 1431.1 to 1431.5 and part of Section 1431.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 2 - Joint or Several Obligations › Section 1431.2.

1431.2. Several Liability for Non-economic Damages
(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.
(b) (1) For purposes of this section, the term “economic damages” means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.
(2) For the purposes of this section, the term “non-economic damages” means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.
(Added June 3, 1986, by initiative Proposition 51, Sec. 4. Note: Prop. 51 (the Fair Responsibility Act of 1986) includes Sections 1431.1 to 1431.5 and part of Section 1431.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 2 - Joint or Several Obligations › Section 1431.3.

1431.3. Nothing contained in this measure is intended, in any way, to alter the law of immunity.
(Added June 3, 1986, by initiative Proposition 51, Sec. 5. Note: In the text, "this measure" refers to Prop. 51 (the Fair Responsibility Act of 1986), which includes Sections 1431.1 to 1431.5 and part of Section 1431.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 2 - Joint or Several Obligations › Section 1431.4.

1431.4. Amendment or Repeal of Measure.
This measure may be amended or repealed by either of the procedures set forth in this section. If any portion of subsection (a) is declared invalid, then subsection (b) shall be the exclusive means of amending or repealing this measure.
(a) This measure may be amended to further its purposes by statute, passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring and signed by the Governor, if at least 20 days prior to passage in each house the bill in its final form has been delivered to the Secretary of State for distribution to the news media.
(b) This measure may be amended or repealed by a statute that becomes effective only when approved by the electors.
(Added June 3, 1986, by initiative Proposition 51, Sec. 6. Note: In the text, "this measure" refers to Prop. 51 (the Fair Responsibility Act of 1986), which includes Sections 1431.1 to 1431.5 and part of Section 1431.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 2 - Joint or Several Obligations › Section 1431.5.

1431.5. Severability.
If any provision of this measure, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this measure to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this measure are severable.
(Added June 3, 1986, by initiative Proposition 51, Sec. 7. Note: In the text, "this measure" refers to Prop. 51 (the Fair Responsibility Act of 1986), which includes Sections 1431.1 to 1431.5 and part of Section 1431.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 2 - Joint or Several Obligations › Section 1432.

1432. Except as provided in Section 877 of the Code of Civil Procedure, a party to a joint, or joint and several obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him.
(Amended by Stats. 1987, Ch. 677, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 3 - Conditional Obligations › Section 1436.

1436. A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 3 - Conditional Obligations › Section 1438.

1438. A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 3 - Conditional Obligations › Section 1439.

1439. Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able and offer to fulfill all conditions concurrent so imposed upon him on the like fulfillment by the other party, except as provided by the next section.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 3 - Conditional Obligations › Section 1440.

1440. If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 3 - Conditional Obligations › Section 1441.

1441. A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts, or which is repugnant to the nature of the interest created by the contract, is void.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 4 - Alternative Obligations › Section 1448.

1448. If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is otherwise provided by the terms of the obligation.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 4 - Alternative Obligations › Section 1449.

1449. If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 4 - Alternative Obligations › Section 1450.

1450. The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another without the consent of the other party.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 2 - INTERPRETATION OF OBLIGATIONS › CHAPTER 4 - Alternative Obligations › Section 1451.

1451. If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1459.

1459. A non-negotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments. Such indorsement shall transfer all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1459.5.

1459.5. A plaintiff who prevails on a cause of action against a defendant named pursuant to Part 433 of Title 16 of the Code of Federal Regulations or any successor thereto, or pursuant to the contractual language required by that part or any successor thereto, may claim attorney’s fees, costs, and expenses from that defendant to the fullest extent permissible if the plaintiff had prevailed on that cause of action against the seller.
(Amended by Stats. 2020, Ch. 370, Sec. 28. (SB 1371) Effective January 1, 2021.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1460.

1460. Certain covenants, contained in grants of estates in real property, are appurtenant to such estates, and pass with them, so as to bind the assigns of the covenantor and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such convenants are said to run with the land.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1462.

1462. Every covenant contained in a grant of an estate in real property, which is made for the direct benefit of the property, or some part of it then in existence, runs with the land.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1463.

1463. The last section includes covenants “of warranty,” “for quiet enjoyment,” or for further assurance on the part of a grantor, and covenants for the payment of rent, or of taxes or assessments upon the land, on the part of a grantee.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1466.

1466. No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for a breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1467.

1467. Where several persons, holding by several titles, are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1468.

1468. Each covenant, made by an owner of land with the owner of other land or made by a grantor of land with the grantee of land conveyed, or made by the grantee of land conveyed with the grantor thereof, to do or refrain from doing some act on his own land, which doing or refraining is expressed to be for the benefit of the land of the convenantee, runs with both the land owned by or granted to the covenantor and the land owned by or granted to the covenantee and shall, except as provided by Section 1466, or as specifically provided in the instrument creating such covenant, and notwithstanding the provisions of Section 1465, benefit or be binding upon each successive owner, during his ownership, of any portion of such land affected thereby and upon each person having any interest therein derived through any owner thereof where all of the following requirements are met:
(a) The land of the covenantor which is to be affected by such covenants, and the land of covenantee to be benefited, are particularly described in the instrument containing such covenants;
(b) Such successive owners of the land are in such instrument expressed to be bound thereby for the benefit of the land owned by, granted by, or granted to the covenantee;
(c) Each such act relates to the use, repair, maintenance or improvement of, or payment of taxes and assessments on, such land or some part thereof, or if the land owned by or granted to each consists of undivided interests in the same parcel or parcels, the suspension of the right of partition or sale in lieu of partition for a period which is reasonable in relation to the purpose of the covenant;
(d) The instrument containing such covenants is recorded in the office of the recorder of each county in which such land or some part thereof is situated.
Where several persons are subject to the burden of any such covenant, it shall be apportioned among them pursuant to Section 1467, except that where only a portion of such land is so affected thereby, such apportionment shall be only among the several owners of such portion. This section shall apply to the mortgagee, trustee or beneficiary of a mortgage or deed of trust upon such land or any part thereof while but only while he, in such capacity, is in possession thereof.
(Amended by Stats. 1973, Ch. 474.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1469.

1469. Each covenant made by the lessor in a lease of real property to do any act or acts on other real property which is owned by the lessor and is contiguous (except for intervening public streets, alleys or sidewalks) to the real property demised to the lessee shall, except as provided by Section 1466, be binding upon each successive owner, during his ownership, of any portion of such contiguous real property affected thereby where all of the following requirements are met:
(a) Such contiguous real property is particularly described in the lease;
(b) Such successive owners are in the lease expressed to be bound thereby for the benefit of the demised real property;
(c) Each such act relates to the use, repair, maintenance or improvement of, or payment of taxes and assessments on, such contiguous real property or some part thereof;
(d) The lease is recorded in the same manner as grants of real property, in the office of the recorder of each county in which such contiguous real property or some part thereof is situate. Such lease shall include the description of any such contiguous land described in any unrecorded instrument, the contents of which unrecorded instrument are incorporated by reference in such recorded lease.
Where several persons are subject to the burden of any such covenant, it shall be apportioned among them pursuant to Section 1467, except that where only a portion of such contiguous real property is so affected thereby, such apportionment shall be only among the several owners of such portion. This section shall apply to the mortgagee, trustee or beneficiary of a mortgage or deed of trust upon such contiguous real property or any part thereof while but only while he, in such capacity, is in possession thereof.
(Amended by Stats. 1965, Ch. 1502.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 3 - TRANSFER OF OBLIGATIONS › Section 1470.

1470. Each covenant made by the lessor in a lease of real property not to use or permit to be used contrary to the terms of such lease any other real property which is owned by the lessor and is contiguous (except for intervening public streets, alleys or sidewalks) to the real property demised to the lessee shall, except as provided by Section 1466, be binding upon each successive owner, during his ownership, of any portion of such contiguous real property affected thereby and upon each person having any interest therein derived through any owner thereof where all of the following requirements are met:
(a) Such contiguous real property is particularly described in the lease;
(b) Such successive owners and persons having any such interest are in the lease expressed to be bound thereby for the benefit of the demised real property;
(c) The lease is recorded in the same manner as grants of real property, in the office of the recorder of each county in which such contiguous real property or some part thereof is situate. Such lease shall include therein the description of any such contiguous land described in any unrecorded instrument, the contents of which unrecorded instrument are incorporated by reference in such recorded lease.
Where several persons are subject to the burden of any such covenant, it shall be apportioned among them pursuant to Section 1467, except that where only a portion of such contiguous real property is so affected thereby, such apportionment shall be only among the several owners of, and persons having any such interest in, such portion. This section shall apply to the mortgagee, trustee or beneficiary of a mortgage or deed of trust upon such contiguous real property or any part thereof while and only while he, in such capacity, is in possession thereof.
(Amended by Stats. 1963, Ch. 2054.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 1 - Performance › Section 1473.

1473. Full performance of an obligation, by the party whose duty it is to perform it, or by any other person on his behalf, and with his assent, if accepted by the creditor, extinguishes it.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 1 - Performance › Section 1475.

1475. An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by owners in common, or in joint ownership, which is regulated by the Title on Deposit.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 1 - Performance › Section 1476.

1476. If a creditor, or any one of two or more joint creditors, at any time directs the debtor to perform his obligation in a particular manner, the obligation is extinguished by performance in that manner, even though the creditor does not receive the benefit of such performance.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 1 - Performance › Section 1477.

1477. A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it without injuring his own property, his retention thereof is not presumed to be voluntary.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 1 - Performance › Section [1479.].

[1479.]
Section Fourteen Hundred and Seventy-nine. Where a debtor, under several obligations to another, does an act, by way of performance, in whole or in part, which is equally applicable to two or more of such obligations, such performance must be applied as follows:
One—If, at the time of performance, the intention or desire of the debtor that such performance should be applied to the extinction of any particular obligation, be manifested to the creditor, it must be so applied.
Two—If no such application be then made, the creditor, within a reasonable time after such performance, may apply it toward the extinction of any obligation, performance of which was due to him from the debtor at the time of such performance; except that if similar obligations were due to him both individually and as a trustee, he must, unless otherwise directed by the debtor, apply the performance to the extinction of all such obligations in equal proportion; and an application once made by the creditor cannot be rescinded without the consent of [the] debtor.
Three—If neither party makes such application within the time prescribed herein, the performance must be applied to the extinction of obligations in the following order; and, if there be more than one obligation of a particular class, to the extinction of all in that class, ratably:
1. Of interest due at the time of the performance.
2. Of principal due at that time.
3. Of the obligation earliest in date of maturity.
4. Of an obligation not secured by a lien or collateral undertaking.
5. Of an obligation secured by a lien or collateral undertaking.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1485.

1485. An obligation is extinguished by an offer of performance, made in conformity to the rules herein prescribed, and with intent to extinguish the obligation.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section [1488.].

[1488.]  Section Fourteen Hundred and Eighty-eight. An offer of performance must be made to the creditor, or to any one of two or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation, if such creditor or authorized person is present at the place where the offer may be made; and if not, wherever the creditor may be found.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1489.

1489. In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor:
1. At any place appointed by the creditor; or,
2. Wherever the person to whom the offer ought to be made can be found; or,
3. If such person cannot, with reasonable diligence, be found within this State, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the State; or,
4. If this cannot be done, then at any place within this State.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1490.

1490. Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1491.

1491. Where an obligation does not fix the time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has refused to perform.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 1 - OBLIGATIONS IN GENERAL › TITLE 4 - EXTINCTION OF OBLIGATIONS › CHAPTER 2 - Offer of Performance › Section 1492.

1492. Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor, or by any other person, in the meantime.
(Enacted 1872.)