reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.10.

1633.10. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, all of the following conditions are met:
(i) The individual promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person.
(ii) The individual takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record.
(iii)The individual has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither paragraph (1) nor (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.
(4) Paragraphs (2) and (3) may not be varied by agreement.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.11.

1633.11. (a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
(b) In a transaction, if a law requires that a statement be signed under penalty of perjury, the requirement is satisfied with respect to an electronic signature, if an electronic record includes, in addition to the electronic signature, all of the information as to which the declaration pertains together with a declaration under penalty of perjury by the person who submits the electronic signature that the information is true and correct.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.12.

1633.12. (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record, if the electronic record reflects accurately the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise, and the electronic record remains accessible for later reference.
(b) A requirement to retain a record in accordance with subdivision (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subdivision (a) by using the services of another person if the requirements of subdivision (a) are satisfied.
(d) If a law requires a record to be retained in its original form, or provides consequences if the record is not retained in its original form, that law is satisfied by an electronic record retained in accordance with subdivision (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subdivision (a).
(f) A record retained as an electronic record in accordance with subdivision (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this title specifically prohibits the use of an electronic record for a specified purpose.
(g) This section does not preclude a governmental agency from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.13.

1633.13. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.14.

1633.14. (a) In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(b) The terms of the contract are determined by the substantive law applicable to it.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.15.

1633.15. (a) Unless the sender and the recipient agree to a different method of sending that is reasonable under the circumstances, an electronic record is sent when the information is addressed properly or otherwise directed properly to the recipient and either (1) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender, or (2) enters a region of an information processing system that is under the control of the recipient.
(b) Unless the sender and the recipient agree to a different method of receiving that is reasonable under the circumstances, an electronic record is received when the electronic record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
(c) Subdivision (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subdivision (d).
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business or, if the recipient is an individual acting on his or her own behalf, at the recipient’s place of residence. For purposes of this subdivision, the following rules apply:
(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be.
(e) An electronic record is received under subdivision (b) even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subdivision (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subdivision (a), or purportedly received under subdivision (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, this subdivision may not be varied by agreement.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.16.

1633.16. If a law other than this title requires that a notice of the right to cancel be provided or sent, an electronic record may not substitute for a writing under that other law unless, in addition to satisfying the requirements of that other law and this title, the notice of cancellation may be returned by electronic means. This section may not be varied by agreement.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 2.5 - ELECTRONIC TRANSACTIONS › Section 1633.17.

1633.17. No state agency, board, or commission may require, prohibit, or regulate the use of an electronic signature in a transaction in which the agency, board, or commission is not a party unless a law other than this title expressly authorizes the requirement, prohibition, or regulation.
(Added by Stats. 1999, Ch. 428, Sec. 1. Effective January 1, 2000.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1640.

1640. When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1643.

1643. A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1644.

1644. The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1646.

1646. A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1646.5.

1646.5. Notwithstanding Section 1646, the parties to any contract, agreement, or undertaking, contingent or otherwise, relating to a transaction involving in the aggregate not less than two hundred fifty thousand dollars ($250,000), including a transaction otherwise covered by subdivision (a) of Section 1301 of the Commercial Code, may agree that the law of this state shall govern their rights and duties in whole or in part, whether or not the contract, agreement, or undertaking or transaction bears a reasonable relation to this state. This section does not apply to any contract, agreement, or undertaking (a) for labor or personal services, (b) relating to any transaction primarily for personal, family, or household purposes, or (c) to the extent provided to the contrary in subdivision (c) of Section 1301 of the Commercial Code.
This section applies to contracts, agreements, and undertakings entered into before, on, or after its effective date; it shall be fully retroactive. Contracts, agreements, and undertakings selecting California law entered into before the effective date of this section shall be valid, enforceable, and effective as if this section had been in effect on the date they were entered into; and actions and proceedings commencing in a court of this state before the effective date of this section may be maintained as if this section were in effect on the date they were commenced.
(Amended by Stats. 2006, Ch. 254, Sec. 1.5. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1649.

1649. If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1651.

1651. Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1652.

1652. Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1654.

1654. In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist.
(Amended by Stats. 1982, Ch. 1120, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1656.

1656. All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly mentioned therein, when all other things of the same class are deemed to be excluded.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1656.5.

1656.5. (a) Whether a qualified heavy equipment renter may add estimated personal property tax reimbursement to the rental price of heavy equipment property to a lessee depends solely upon the terms of the rental agreement. It shall be presumed that the parties agreed to the addition of estimated personal property tax reimbursement to the rental price of heavy equipment property to a lessee if all of the following conditions occur:
(1) The rental agreement expressly provides for the addition of estimated personal property tax reimbursement.
(2) Estimated personal property tax reimbursement is separately stated and charged on the rental agreement.
(3) The estimated personal property tax reimbursement amount shall not exceed 0.75 percent of the rental price of the heavy equipment property.
(b) The presumptions created by this section are rebuttable presumptions.
(c) For purposes of this section:
(1) “Qualified heavy equipment renter” shall have the same meaning as provided in Section 31202 of the Revenue and Taxation Code.
(2) “Rental price” means the total amount of the charge for renting the heavy equipment property, excluding any separately stated charges that are not rental charges, including, but not limited to, separately stated charges for delivery and pickup fees, damage waivers, environmental mitigation fees, sales tax reimbursement, or use taxes.
(Added by Stats. 2017, Ch. 505, Sec. 1. (AB 1130) Effective January 1, 2018.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1657.

1657. If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly—as, for example, if it consists in the payment of money only—it must be performed immediately upon the thing to be done being exactly ascertained.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1657.1.

1657.1. Any time specified in a contract of adhesion for the performance of an act required to be performed shall be reasonable.
(Added by Stats. 2021, Ch. 222, Sec. 1. (SB 762) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1662.

1662. Any contract hereafter made in this State for the purchase and sale of real property shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:
(a) If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that he has paid;
(b) If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is he entitled to recover any portion thereof that he has paid.
This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
This section may be cited as the Uniform Vendor and Purchaser Risk Act.
(Added by Stats. 1947, Ch. 497.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 3 - INTERPRETATION OF CONTRACTS › Section 1663.

1663. (a) As used in this section, the following terms shall have the following meanings:
(1) “Euro” means the currency of participating member states of the European Union that adopt a single currency in accordance with the Treaty on European Union signed February 7, 1992, as amended from time to time.
(2) “Introduction of the euro” includes, but is not limited to, the implementation from time to time of economic and monetary union in member states of the European Union in accordance with the Treaty on European Union signed February 7, 1992, as amended from time to time.
(3) “ECU” or “European Currency Unit” means the currency basket that is from time to time used as the unit of account of the European community, as defined in European Council Regulation No. 3320/94.
(b) If a subject or medium of payment of a contract, security, or instrument is the ECU or a currency that has been substituted or replaced by the euro, the euro shall be a commercially reasonable substitute and substantial equivalent that may be either tendered or used in determining the value of the ECU or currency, in each case at the conversion rate specified in, and otherwise calculated in accordance with, the regulations adopted by the Council of the European Union.
(c) The introduction of the euro, the tendering of euros in connection with any obligation in compliance with subdivision (b), the determining of the value of any obligation in compliance with subdivision (b), or the calculating or determining of the subject or medium of payment of a contract, security, or instrument with reference to an interest rate or other basis that has been substituted or replaced due to the introduction of the euro and that is a commercially reasonable substitute and substantial equivalent, shall neither have the effect of discharging or excusing performance under any contract, security, or instrument, nor give a party the right unilaterally to alter or terminate any contract, security, or instrument.
(d) This section shall be subject to any agreements between parties with specific reference to, or agreement regarding, the introduction of the euro.
(e) Notwithstanding the Commercial Code or any other law of this state, this section shall apply to all contracts, securities, and instruments, including contracts with respect to commercial transactions, and shall not be deemed to be displaced by any other law of this state.
(f) In the event of other currency changes, the provisions of this section with respect to the euro shall not be interpreted as creating any negative inference or negative presumption regarding the validity or enforceability of contracts, securities, or instruments denominated in whole or part in those other currencies.
(Added by Stats. 1998, Ch. 62, Sec. 1. Effective June 5, 1998.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1667.

1667. That is not lawful which is:
1. Contrary to an express provision of law;
2. Contrary to the policy of express law, though not expressly prohibited; or,
3. Otherwise contrary to good morals.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1668.

1668. All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1669.5.

1669.5. (a) Any contract for the payment of money or other consideration to a minor who has been alleged to be the victim of an unlawful sex act, or to his or her legal representative, by the alleged perpetrator of that unlawful sex act, or his or her legal representative, entered into on or after the time of the alleged unlawful sex act, and providing for any payments to be made more than one year after the date of the execution of the contract, is void as contrary to public policy. A district attorney may bring an action or intervene in any action to enjoin enforcement of any contract which is in violation of this section.
(b) This section does not apply after the date of the final judgment in a criminal case against the alleged perpetrator for the unlawful sex act described in subdivision (a).
(c) This section does not apply to a contract for the payment of money or other consideration made from a nonrevocable trust established for the benefit of the minor if the alleged perpetrator has no direct or indirect access to, or control over, the trust.
(d) This section does not apply to an alleged perpetrator of an unlawful sex act against a minor to the extent he or she agrees to pay, or is required by court order to pay, child support for that minor upon a dissolution or legal separation.
(e) For purposes of this section, “unlawful sex act,” means a felony sex offense committed against a minor.
(f) Notwithstanding subdivision (a), any contract declared void as contrary to public policy under this section may still be enforced by a district attorney against the payor, and the proceeds thereof shall be deposited in the State Children’s Trust Fund pursuant to Section 18969 of the Welfare and Institutions Code.
(Added by Stats. 1994, 1st Ex. Sess., Ch. 54, Sec. 1. Effective November 30, 1994.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1669.7.

1669.7. A contract for the payment of money or other consideration in violation of Section 132.5 of the Penal Code is void as contrary to public policy. The Attorney General or the district attorney of the county in which a violation of Section 132.5 of the Penal Code occurs may bring a civil action, or intervene in any civil action, to enjoin the enforcement of a contract that violates that section.
(Added by Stats. 1994, Ch. 869, Sec. 1. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.

1670. Any dispute arising from a construction contract with a public agency, which contract contains a provision that one party to the contract or one party’s agent or employee shall decide any disputes arising under that contract, shall be resolved by submitting the dispute to independent arbitration, if mutually agreeable, otherwise by litigation in a court of competent jurisdiction.
(Added by Stats. 1978, Ch. 1374.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.5.

1670.5. (a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(b) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.
(Added by Stats. 1979, Ch. 819.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.6.

1670.6. A contract with a consumer located in California for the purchase of a good or service that is made in connection with a telephone solicitation made in or from outside of California and is primarily for personal, family, or household use, is unlawful if, with respect to that telephone solicitation, the telemarketer is in violation of Section 310.4(a)(6)(i) of, or has not complied with Section 310.5(a)(5) of, the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. Part 310), as published in the Federal Register, Volume 68, Number 19, on January 29, 2003. This section shall apply only to those entities subject to, and does not apply to any transaction exempted under Section 310.6 of, the Telemarketing Sales Rule (16 C.F.R. Part 310), as published in the Federal Register, Volume 68, Number 19, on January 29, 2003.
(Added by Stats. 2003, Ch. 77, Sec. 1. Effective January 1, 2004.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.7.

1670.7. Any provision of a contract that purports to allow a deduction from a person’s wages for the cost of emigrating and transporting that person to the United States is void as against public policy.
(Amended by Stats. 2009, Ch. 35, Sec. 2. (SB 174) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.8.

1670.8. (a) (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.
(2) It shall be unlawful to threaten or to seek to enforce a provision made unlawful under this section, or to otherwise penalize a consumer for making any statement protected under this section.
(b) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(c) Any person who violates this section shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation, and five thousand dollars ($5,000) for the second and for each subsequent violation, to be assessed and collected in a civil action brought by the consumer, by the Attorney General, or by the district attorney or city attorney of the county or city in which the violation occurred. When collected, the civil penalty shall be payable, as appropriate, to the consumer or to the general fund of whichever governmental entity brought the action to assess the civil penalty.
(d) In addition, for a willful, intentional, or reckless violation of this section, a consumer or public prosecutor may recover a civil penalty not to exceed ten thousand dollars ($10,000).
(e) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law. This section shall not be construed to prohibit or limit a person or business that hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove.
(Added by Stats. 2014, Ch. 308, Sec. 1. (AB 2365) Effective January 1, 2015.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.8.5.

1670.8.5. (a) A contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board shall not include a provision limiting the consumer’s ability to file a complaint with that board or to participate in the board’s investigation into the licensee.
(b) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(c) For purposes of this section, the following terms apply:
(1) “Consumer service” means any service that is obtained for use primarily for personal, family, or household purposes.
(2) “Licensing board” means any entity described in Section 101 of the Business and Professions Code, the State Bar of California, the Department of Real Estate, or any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession.
(d) Violation of this section by a licensee shall constitute unprofessional conduct subject to discipline by the licensee’s licensing board.
(Added by Stats. 2020, Ch. 312, Sec. 98. (SB 1474) Effective January 1, 2021.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.9.

1670.9. (a) A city, county, city and county, or local law enforcement agency that does not, as of January 1, 2018, have a contract with the federal government or any federal agency or a private corporation to house or detain noncitizens for purposes of civil immigration custody, shall not, on and after January 1, 2018, enter into a contract with the federal government or any federal agency or a private corporation, to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody.
(b) A city, county, city and county, or local law enforcement agency that, as of January 1, 2018, has an existing contract with the federal government or any federal agency or a private corporation to detain noncitizens for purposes of civil immigration custody, shall not, on and after January 1, 2018, renew or modify that contract in a manner that would expand the maximum number of contract beds that may be utilized to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody.
(c) Any facility that detains a noncitizen pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(d) A city, county, city and county, or public agency shall not, on and after January 1, 2018, approve or sign a deed, instrument, or other document related to a conveyance of land or issue a permit for the building or reuse of existing buildings by any private corporation, contractor, or vendor to house or detain noncitizens for purposes of civil immigration proceedings unless the city, county, city and county, or public agency has done both of the following:
(1) Provided notice to the public of the proposed conveyance or permitting action at least 180 days before execution of the conveyance or permit.
(2) Solicited and heard public comments on the proposed conveyance or permit action in at least two separate meetings open to the public.
(Amended by Stats. 2021, Ch. 615, Sec. 42. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.10.

1670.10. (a) (1) Except as provided in paragraph (2), a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat is void as against public policy.
(2) Paragraph (1) shall not apply to payments to repay an unsecured loan for the purchase of the dog or cat.
(b) A contract entered into on or after January 1, 2018, for the lease of a dog or cat that provides for or offers the option of transferring ownership of the dog or cat at the end of the lease term is void as against public policy.
(c) In addition to any other remedies provided by law, the consumer taking possession of a dog or cat transferred under a contract described in paragraph (1) of subdivision (a) or in subdivision (b) shall be deemed the owner of the dog or cat and shall also be entitled to the return of all amounts the consumer paid under the contract.
(Added by Stats. 2017, Ch. 761, Sec. 1. (AB 1491) Effective January 1, 2018.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.11.

1670.11. Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the Legislature, is void and unenforceable.
(Amended by Stats. 2019, Ch. 497, Sec. 25. (AB 991) Effective January 1, 2020.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4 - UNLAWFUL CONTRACTS › Section 1670.12.

1670.12. (a) For purposes of this section, the following definitions apply:
(1) “Exclusive listing agreement” means any contract or agreement providing an exclusive right to list or sell residential real property, including:
(A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.
(B) A contract or agreement to enter into any such agreement or arrangement.
(2) “Single-family residential property” means one of the following:
(A) Real property improved with one to four dwelling units.
(B) A unit in a residential stock cooperative, condominium, or planned unit development.
(C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code.
(D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property.
(b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership.
(2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made.
(c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement.
(d) It is unlawful to enforce or attempt to enforce an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of this section.
(e) (1) An exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder.
(2) A violation of this section constitutes a violation under Section 1770.
(3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that person’s licensing law.
(Added by Stats. 2023, Ch. 577, Sec. 2. (AB 1345) Effective January 1, 2024.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4.5 - LIQUIDATED DAMAGES › CHAPTER 1 - General Provisions › Section 1671.

1671. (a) This section does not apply in any case where another statute expressly applicable to the contract prescribes the rules or standard for determining the validity of a provision in the contract liquidating the damages for the breach of the contract.
(b) Except as provided in subdivision (c), a provision in a contract liquidating the damages for the breach of the contract is valid unless the party seeking to invalidate the provision establishes that the provision was unreasonable under the circumstances existing at the time the contract was made.
(c) The validity of a liquidated damages provision shall be determined under subdivision (d) and not under subdivision (b) where the liquidated damages are sought to be recovered from either:
(1) A party to a contract for the retail purchase, or rental, by such party of personal property or services, primarily for the party’s personal, family, or household purposes; or
(2) A party to a lease of real property for use as a dwelling by the party or those dependent upon the party for support.
(d) In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
(Amended by Stats. 1977, Ch. 198.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4.5 - LIQUIDATED DAMAGES › CHAPTER 2 - Default on Real Property Purchase Contract › Section 1676.

1676. Except as provided in Section 1675, a provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to complete the purchase of the property is valid if it satisfies the requirements of Section 1677 and the requirements of subdivision (b) of Section 1671.
(Repealed and added by Stats. 1977, Ch. 198.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4.5 - LIQUIDATED DAMAGES › CHAPTER 2 - Default on Real Property Purchase Contract › Section 1677.

1677. A provision in a contract to purchase and sell real property liquidating the damages to the seller if the buyer fails to complete the purchase of the property is invalid unless:
(a) The provision is separately signed or initialed by each party to the contract; and
(b) If the provision is included in a printed contract, it is set out either in at least 10-point bold type or in contrasting red print in at least eight-point bold type.
(Added by Stats. 1977, Ch. 198.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4.5 - LIQUIDATED DAMAGES › CHAPTER 2 - Default on Real Property Purchase Contract › Section 1678.

1678. If more than one payment made by the buyer is to constitute liquidated damages under Section 1675, the amount of any payment after the first payment is valid as liquidated damages only if (1) the total of all such payments satisfies the requirements of Section 1675 and (2) a separate liquidated damages provision satisfying the requirements of Section 1677 is separately signed or initialed by each party to the contract for each such subsequent payment.
(Added by Stats. 1977, Ch. 198.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4.5 - LIQUIDATED DAMAGES › CHAPTER 2 - Default on Real Property Purchase Contract › Section 1679.

1679. This chapter applies only to a provision for liquidated damages to the seller if the buyer fails to complete the purchase of real property. The validity of any other provision for liquidated damages in a contract to purchase and sell real property shall be determined under Section 1671.
(Added by Stats. 1977, Ch. 198.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 4.5 - LIQUIDATED DAMAGES › CHAPTER 2 - Default on Real Property Purchase Contract › Section 1680.

1680. Nothing in this chapter affects any right a party to a contract for the purchase and sale of real property may have to obtain specific performance.
(Added by Stats. 1977, Ch. 198.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2 - Rescission › Section 1689.

1689. (a) A contract may be rescinded if all the parties thereto consent.
(b) A party to a contract may rescind the contract in the following cases:
(1) If the consent of the party rescinding, or of any party jointly contracting with him, was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.
(2) If the consideration for the obligation of the rescinding party fails, in whole or in part, through the fault of the party as to whom he rescinds.
(3) If the consideration for the obligation of the rescinding party becomes entirely void from any cause.
(4) If the consideration for the obligation of the rescinding party, before it is rendered to him, fails in a material respect from any cause.
(5) If the contract is unlawful for causes which do not appear in its terms or conditions, and the parties are not equally at fault.
(6) If the public interest will be prejudiced by permitting the contract to stand.
(7) Under the circumstances provided for in Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code, Section 2470 of the Corporations Code, Sections 331, 338, 359, 447, 1904 and 2030 of the Insurance Code or any other statute providing for rescission.
(Amended by Stats. 1961, Ch. 589.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2 - Rescission › Section 1689.2.

1689.2. A participant in an endless chain scheme, as defined in Section 327 of the Penal Code, may rescind the contract upon which the scheme is based, and may recover all consideration paid pursuant to the scheme, less any amounts paid or consideration provided to the participant pursuant to the scheme. In addition, the court may, upon motion, award reasonable attorney’s fees to a prevailing plaintiff.
(Added by Stats. 1989, Ch. 436, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2 - Rescission › Section 1689.3.

1689.3. Any patient who contracts directly with a dental office or plan for services may rescind the contract or plan until midnight of the third business day after the day on which the patient signs the contract or plan. If services have been provided to the patient, the dental office shall be entitled to compensation for those services.
(Added by Stats. 1991, Ch. 596, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2 - Rescission › Section 1689.8.

1689.8. (a) Every home solicitation contract or offer for home improvement goods or services which provides for a lien on real property is subject to the provisions of Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3.
(b) For purposes of this section, “home improvement goods or services” means goods and services, as defined in Section 1689.5, which are bought in connection with the improvement of real property. Such home improvement goods and services include, but are not limited to, burglar alarms, carpeting, texture coating, fencing, air conditioning or heating equipment, and termite extermination. Home improvement goods include goods which, at the time of sale or subsequently, are to be so affixed to real property as to become a part of real property whether or not severable therefrom.
(Added by Stats. 1979, Ch. 1012.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2 - Rescission › Section 1689.9.

1689.9. Where the goods sold under any home solicitation contract are so affixed to real property as to become a part thereof, whether or not severable therefrom, the buyer shall not have the right to cancel as provided in Section 1689.6 or Section 1689.7 if, subsequent to his signing such contract, he has sold or encumbered such real property to a bona fide purchaser or encumbrancer who was not a party to such sale of goods or to any loan agreement in connection therewith.
(Added by Stats. 1971, Ch. 375.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 2 - CONTRACTS › TITLE 5 - EXTINCTION OF CONTRACTS › CHAPTER 2 - Rescission › Section 1689.10.

1689.10. (a) Except as provided in Sections 1689.6 to 1689.11, inclusive, within 10 days after a home solicitation contract or offer has been canceled, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(b) If the downpayment includes goods traded in, the goods must be tendered in substantially as good condition as when received.
(c) Until the seller has complied with the obligations imposed by Sections 1689.7 to 1689.11, inclusive, the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods for any recovery to which he is entitled.
(Amended by Stats. 1973, Ch. 554.)