reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 3 - Obligations › Section 906.

906. A builder’s election to use an enhanced protection agreement addresses only the issues set forth in Chapter 2 (commencing with Section 896) and does not constitute an election to use or not use the provisions of Chapter 4 (commencing with Section 910). The decision to use or not use Chapter 4 (commencing with Section 910) is governed by the provisions of that chapter.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 3 - Obligations › Section 907.

907. A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses contained in Section 944.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 910.

910. Prior to filing an action against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with Section 896), the claimant shall initiate the following prelitigation procedures:
(a) The claimant or his or her legal representative shall provide written notice via certified mail, overnight mail, or personal delivery to the builder, in the manner prescribed in this section, of the claimant’s claim that the construction of his or her residence violates any of the standards set forth in Chapter 2 (commencing with Section 896). That notice shall provide the claimant’s name, address, and preferred method of contact, and shall state that the claimant alleges a violation pursuant to this part against the builder, and shall describe the claim in reasonable detail sufficient to determine the nature and location, to the extent known, of the claimed violation. In the case of a group of homeowners or an association, the notice may identify the claimants solely by address or other description sufficient to apprise the builder of the locations of the subject residences. That document shall have the same force and effect as a notice of commencement of a legal proceeding.
(b) The notice requirements of this section do not preclude a homeowner from seeking redress through any applicable normal customer service procedure as set forth in any contractual, warranty, or other builder-generated document; and, if a homeowner seeks to do so, that request shall not satisfy the notice requirements of this section.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 911.

911. (a) For purposes of this title, except as provided in subdivision (b), “builder” means any entity or individual, including, but not limited to a builder, developer, general contractor, contractor, or original seller, who, at the time of sale, was also in the business of selling residential units to the public for the property that is the subject of the homeowner’s claim or was in the business of building, developing, or constructing residential units for public purchase for the property that is the subject of the homeowner’s claim.
(b) For the purposes of this title, “builder” does not include any entity or individual whose involvement with a residential unit that is the subject of the homeowner’s claim is limited to his or her capacity as general contractor or contractor and who is not a partner, member of, subsidiary of, or otherwise similarly affiliated with the builder. For purposes of this title, these nonaffiliated general contractors and nonaffiliated contractors shall be treated the same as subcontractors, material suppliers, individual product manufacturers, and design professionals.
(Amended by Stats. 2003, Ch. 762, Sec. 2. Effective January 1, 2004.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 913.

913. A builder or his or her representative shall acknowledge, in writing, receipt of the notice of the claim within 14 days after receipt of the notice of the claim. If the notice of the claim is served by the claimant’s legal representative, or if the builder receives a written representation letter from a homeowner’s attorney, the builder shall include the attorney in all subsequent substantive communications, including, without limitation, all written communications occurring pursuant to this chapter, and all substantive and procedural communications, including all written communications, following the commencement of any subsequent complaint or other legal action, except that if the builder has retained or involved legal counsel to assist the builder in this process, all communications by the builder’s counsel shall only be with the claimant’s legal representative, if any.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 914.

914. (a) This chapter establishes a nonadversarial procedure, including the remedies available under this chapter which, if the procedure does not resolve the dispute between the parties, may result in a subsequent action to enforce the other chapters of this title. A builder may attempt to commence nonadversarial contractual provisions other than the nonadversarial procedures and remedies set forth in this chapter, but may not, in addition to its own nonadversarial contractual provisions, require adherence to the nonadversarial procedures and remedies set forth in this chapter, regardless of whether the builder’s own alternative nonadversarial contractual provisions are successful in resolving the dispute or ultimately deemed enforceable.
At the time the sales agreement is executed, the builder shall notify the homeowner whether the builder intends to engage in the nonadversarial procedure of this section or attempt to enforce alternative nonadversarial contractual provisions. If the builder elects to use alternative nonadversarial contractual provisions in lieu of this chapter, the election is binding, regardless of whether the builder’s alternative nonadversarial contractual provisions are successful in resolving the ultimate dispute or are ultimately deemed enforceable.
(b) Nothing in this title is intended to affect existing statutory or decisional law pertaining to the applicability, viability, or enforceability of alternative dispute resolution methods, alternative remedies, or contractual arbitration, judicial reference, or similar procedures requiring a binding resolution to enforce the other chapters of this title or any other disputes between homeowners and builders. Nothing in this title is intended to affect the applicability, viability, or enforceability, if any, of contractual arbitration or judicial reference after a nonadversarial procedure or provision has been completed.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 915.

915. If a builder fails to acknowledge receipt of the notice of a claim within the time specified, elects not to go through the process set forth in this chapter, or fails to request an inspection within the time specified, or at the conclusion or cessation of an alternative nonadversarial proceeding, this chapter does not apply and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action. However, the standards set forth in the other chapters of this title shall continue to apply to the action.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 917.

917. Within 30 days of the initial or, if requested, second inspection or testing, the builder may offer in writing to repair the violation. The offer to repair shall also compensate the homeowner for all applicable damages recoverable under Section 944, within the timeframe for the repair set forth in this chapter. Any such offer shall be accompanied by a detailed, specific, step-by-step statement identifying the particular violation that is being repaired, explaining the nature, scope, and location of the repair, and setting a reasonable completion date for the repair. The offer shall also include the names, addresses, telephone numbers, and license numbers of the contractors whom the builder intends to have perform the repair. Those contractors shall be fully insured for, and shall be responsible for, all damages or injuries that they may cause to occur during the repair, and evidence of that insurance shall be provided to the homeowner upon request. Upon written request by the homeowner or his or her legal representative, and within the timeframes set forth in this chapter, the builder shall also provide any available technical documentation, including, without limitation, plans and specifications, pertaining to the claimed violation within the particular home or development tract. The offer shall also advise the homeowner in writing of his or her right to request up to three additional contractors from which to select to do the repair pursuant to this chapter.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 918.

918. Upon receipt of the offer to repair, the homeowner shall have 30 days to authorize the builder to proceed with the repair. The homeowner may alternatively request, at the homeowner’s sole option and discretion, that the builder provide the names, addresses, telephone numbers, and license numbers for up to three alternative contractors who are not owned or financially controlled by the builder and who regularly conduct business in the county where the structure is located. If the homeowner so elects, the builder is entitled to an additional noninvasive inspection, to occur at a mutually convenient date and time within 20 days of the election, so as to permit the other proposed contractors to review the proposed site of the repair. Within 35 days after the request of the homeowner for alternative contractors, the builder shall present the homeowner with a choice of contractors. Within 20 days after that presentation, the homeowner shall authorize the builder or one of the alternative contractors to perform the repair.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 919.

919. The offer to repair shall also be accompanied by an offer to mediate the dispute if the homeowner so chooses. The mediation shall be limited to a four-hour mediation, except as otherwise mutually agreed before a nonaffiliated mediator selected and paid for by the builder. At the homeowner’s sole option, the homeowner may agree to split the cost of the mediator, and if he or she does so, the mediator shall be selected jointly. The mediator shall have sufficient availability such that the mediation occurs within 15 days after the request to mediate is received and occurs at a mutually convenient location within the county where the action is pending. If a builder has made an offer to repair a violation, and the mediation has failed to resolve the dispute, the homeowner shall allow the repair to be performed either by the builder, its contractor, or the selected contractor.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 920.

920. If the builder fails to make an offer to repair or otherwise strictly comply with this chapter within the times specified, the claimant is released from the requirements of this chapter and may proceed with the filing of an action. If the contractor performing the repair does not complete the repair in the time or manner specified, the claimant may file an action. If this occurs, the standards set forth in the other chapters of this part shall continue to apply to the action.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 921.

921. (a) In the event that a resolution under this chapter involves a repair by the builder, the builder shall make an appointment with the claimant, make all appropriate arrangements to effectuate a repair of the claimed unmet standards, and compensate the homeowner for all damages resulting therefrom free of charge to the claimant. The repair shall be scheduled through the claimant’s legal representative, if any, unless he or she is unavailable during the relevant time periods. The repair shall be commenced on a mutually convenient date within 14 days of acceptance or, if an alternative contractor is selected by the homeowner, within 14 days of the selection, or, if a mediation occurs, within seven days of the mediation, or within five days after a permit is obtained if one is required. The builder shall act with reasonable diligence in obtaining any such permit.
(b) The builder shall ensure that work done on the repairs is done with the utmost diligence, and that the repairs are completed as soon as reasonably possible, subject to the nature of the repair or some unforeseen event not caused by the builder or the contractor performing the repair. Every effort shall be made to complete the repair within 120 days.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 922.

922. The builder shall, upon request, allow the repair to be observed and electronically recorded, video recorded, or photographed by the claimant or his or her legal representative. Nothing that occurs during the repair process may be used or introduced as evidence to support a spoliation defense by any potential party in any subsequent litigation.
(Amended by Stats. 2009, Ch. 88, Sec. 13. (AB 176) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 923.

923. The builder shall provide the homeowner or his or her legal representative, upon request, with copies of all correspondence, photographs, and other materials pertaining or relating in any manner to the repairs.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 924.

924. If the builder elects to repair some, but not all of, the claimed unmet standards, the builder shall, at the same time it makes its offer, set forth with particularity in writing the reasons, and the support for those reasons, for not repairing all claimed unmet standards.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 925.

925. If the builder fails to complete the repair within the time specified in the repair plan, the claimant is released from the requirements of this chapter and may proceed with the filing of an action. If this occurs, the standards set forth in the other chapters of this title shall continue to apply to the action.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 926.

926. The builder may not obtain a release or waiver of any kind in exchange for the repair work mandated by this chapter. At the conclusion of the repair, the claimant may proceed with filing an action for violation of the applicable standard or for a claim of inadequate repair, or both, including all applicable damages available under Section 944.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 927.

927. If the applicable statute of limitations has otherwise run during this process, the time period for filing a complaint or other legal remedies for violation of any provision of this title, or for a claim of inadequate repair, is extended from the time of the original claim by the claimant to 100 days after the repair is completed, whether or not the particular violation is the one being repaired. If the builder fails to acknowledge the claim within the time specified, elects not to go through this statutory process, or fails to request an inspection within the time specified, the time period for filing a complaint or other legal remedies for violation of any provision of this title is extended from the time of the original claim by the claimant to 45 days after the time for responding to the notice of claim has expired. If the builder elects to attempt to enforce its own nonadversarial procedure in lieu of the procedure set forth in this chapter, the time period for filing a complaint or other legal remedies for violation of any provision of this part is extended from the time of the original claim by the claimant to 100 days after either the completion of the builder’s alternative nonadversarial procedure, or 100 days after the builder’s alternative nonadversarial procedure is deemed unenforceable, whichever is later.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 928.

928. If the builder has invoked this chapter and completed a repair, prior to filing an action, if there has been no previous mediation between the parties, the homeowner or his or her legal representative shall request mediation in writing. The mediation shall be limited to four hours, except as otherwise mutually agreed before a nonaffiliated mediator selected and paid for by the builder. At the homeowner’s sole option, the homeowner may agree to split the cost of the mediator and if he or she does so, the mediator shall be selected jointly. The mediator shall have sufficient availability such that the mediation will occur within 15 days after the request for mediation is received and shall occur at a mutually convenient location within the county where the action is pending. In the event that a mediation is used at this point, any applicable statutes of limitations shall be tolled from the date of the request to mediate until the next court day after the mediation is completed, or the 100-day period, whichever is later.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 929.

929. (a) Nothing in this chapter prohibits the builder from making only a cash offer and no repair. In this situation, the homeowner is free to accept the offer, or he or she may reject the offer and proceed with the filing of an action. If the latter occurs, the standards of the other chapters of this title shall continue to apply to the action.
(b) The builder may obtain a reasonable release in exchange for the cash payment. The builder may negotiate the terms and conditions of any reasonable release in terms of scope and consideration in conjunction with a cash payment under this chapter.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 930.

930. (a) The time periods and all other requirements in this chapter are to be strictly construed, and, unless extended by the mutual agreement of the parties in accordance with this chapter, shall govern the rights and obligations under this title. If a builder fails to act in accordance with this section within the timeframes mandated, unless extended by the mutual agreement of the parties as evidenced by a postclaim written confirmation by the affected homeowner demonstrating that he or she has knowingly and voluntarily extended the statutory timeframe, the claimant may proceed with filing an action. If this occurs, the standards of the other chapters of this title shall continue to apply to the action.
(b) If the claimant does not conform with the requirements of this chapter, the builder may bring a motion to stay any subsequent court action or other proceeding until the requirements of this chapter have been satisfied. The court, in its discretion, may award the prevailing party on such a motion, his or her attorney’s fees and costs in bringing or opposing the motion.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 931.

931. If a claim combines causes of action or damages not covered by this part, including, without limitation, personal injuries, class actions, other statutory remedies, or fraud-based claims, the claimed unmet standards shall be administered according to this part, although evidence of the property in its unrepaired condition may be introduced to support the respective elements of any such cause of action. As to any fraud-based claim, if the fact that the property has been repaired under this chapter is deemed admissible, the trier of fact shall be informed that the repair was not voluntarily accepted by the homeowner. As to any class action claims that address solely the incorporation of a defective component into a residence, the named and unnamed class members need not comply with this chapter.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 932.

932. Subsequently discovered claims of unmet standards shall be administered separately under this chapter, unless otherwise agreed to by the parties. However, in the case of a detached single family residence, in the same home, if the subsequently discovered claim is for a violation of the same standard as that which has already been initiated by the same claimant and the subject of a currently pending action, the claimant need not reinitiate the process as to the same standard. In the case of an attached project, if the subsequently discovered claim is for a violation of the same standard for a connected component system in the same building as has already been initiated by the same claimant, and the subject of a currently pending action, the claimant need not reinitiate this process as to that standard.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 933.

933. If any enforcement of these standards is commenced, the fact that a repair effort was made may be introduced to the trier of fact. However, the claimant may use the condition of the property prior to the repair as the basis for contending that the repair work was inappropriate, inadequate, or incomplete, or that the violation still exists. The claimant need not show that the repair work resulted in further damage nor that damage has continued to occur as a result of the violation.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 934.

934. Evidence of both parties’ conduct during this process may be introduced during a subsequent enforcement action, if any, with the exception of any mediation. Any repair efforts undertaken by the builder, shall not be considered settlement communications or offers of settlement and are not inadmissible in evidence on such a basis.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 935.

935. To the extent that provisions of this chapter are enforced and those provisions are substantially similar to provisions in Section 6000, but an action is subsequently commenced under Section 6000, the parties are excused from performing the substantially similar requirements under Section 6000.
(Amended by Stats. 2012, Ch. 181, Sec. 30. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 936.

936. Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals to the extent that the general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract. In addition to the affirmative defenses set forth in Section 945.5, a general contractor, subcontractor, material supplier, design professional, individual product manufacturer, or other entity may also offer common law and contractual defenses as applicable to any claimed violation of a standard. All actions by a claimant or builder to enforce an express contract, or any provision thereof, against a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional is preserved. Nothing in this title modifies the law pertaining to joint and several liability for builders, general contractors, subcontractors, material suppliers, individual product manufacturer, and design professionals that contribute to any specific violation of this title. However, the negligence standard in this section does not apply to any general contractor, subcontractor, material supplier, individual product manufacturer, or design professional with respect to claims for which strict liability would apply.
(Amended by Stats. 2003, Ch. 762, Sec. 5. Effective January 1, 2004.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 937.

937. Nothing in this title shall be interpreted to eliminate or abrogate the requirement to comply with Section 411.35 of the Code of Civil Procedure or to affect the liability of design professionals, including architects and architectural firms, for claims and damages not covered by this title.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 4 - Prelitigation Procedure › Section 938.

938. This title applies only to new residential units where the purchase agreement with the buyer was signed by the seller on or after January 1, 2003.
(Amended by Stats. 2003, Ch. 762, Sec. 6. Effective January 1, 2004.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 5 - Procedure › Section 941.

941. (a) Except as specifically set forth in this title, no action may be brought to recover under this title more than 10 years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion.
(b) As used in this section, “action” includes an action for indemnity brought against a person arising out of that person’s performance or furnishing of services or materials referred to in this title, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 of the Code of Civil Procedure in an action which has been brought within the time period set forth in subdivision (a).
(c) The limitation prescribed by this section may not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to make a claim or bring an action.
(d) Sections 337.15 and 337.1 of the Code of Civil Procedure do not apply to actions under this title.
(e) Existing statutory and decisional law regarding tolling of the statute of limitations shall apply to the time periods for filing an action or making a claim under this title, except that repairs made pursuant to Chapter 4 (commencing with Section 910), with the exception of the tolling provision contained in Section 927, do not extend the period for filing an action, or restart the time limitations contained in subdivision (a) or (b) of Section 7091 of the Business and Professions Code. If a builder arranges for a contractor to perform a repair pursuant to Chapter 4 (commencing with Section 910), as to the builder the time period for calculating the statute of limitation in subdivision (a) or (b) of Section 7091 of the Business and Professions Code shall pertain to the substantial completion of the original construction and not to the date of repairs under this title. The time limitations established by this title do not apply to any action by a claimant for a contract or express contractual provision. Causes of action and damages to which this chapter does not apply are not limited by this section.
(Amended by Stats. 2003, Ch. 762, Sec. 7. Effective January 1, 2004.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 5 - Procedure › Section 942.

942. In order to make a claim for violation of the standards set forth in Chapter 2 (commencing with Section 896), a homeowner need only demonstrate, in accordance with the applicable evidentiary standard, that the home does not meet the applicable standard, subject to the affirmative defenses set forth in Section 945.5. No further showing of causation or damages is required to meet the burden of proof regarding a violation of a standard set forth in Chapter 2 (commencing with Section 896), provided that the violation arises out of, pertains to, or is related to, the original construction.
(Added by Stats. 2003, Ch. 762, Sec. 9. Effective January 1, 2004.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 5 - Procedure › Section 943.

943. (a) Except as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed. In addition to the rights under this title, this title does not apply to any action by a claimant to enforce a contract or express contractual provision, or any action for fraud, personal injury, or violation of a statute. Damages awarded for the items set forth in Section 944 in such other cause of action shall be reduced by the amounts recovered pursuant to Section 944 for violation of the standards set forth in this title.
(b) As to any claims involving a detached single-family home, the homeowner’s right to the reasonable value of repairing any nonconformity is limited to the repair costs, or the diminution in current value of the home caused by the nonconformity, whichever is less, subject to the personal use exception as developed under common law.
(Added by renumbering Section 942 by Stats. 2003, Ch. 762, Sec. 8. Effective January 1, 2004.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 5 - Procedure › Section 944.

944. If a claim for damages is made under this title, the homeowner is only entitled to damages for the reasonable value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of repairing and rectifying any damages resulting from the failure of the home to meet the standards, the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation and storage expenses, lost business income if the home was used as a principal place of a business licensed to be operated from the home, reasonable investigative costs for each established violation, and all other costs or fees recoverable by contract or statute.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 5 - Procedure › Section 945.

945. The provisions, standards, rights, and obligations set forth in this title are binding upon all original purchasers and their successors-in-interest. For purposes of this title, associations and others having the rights set forth in Sections 5980 and 5985 shall be considered to be original purchasers and shall have standing to enforce the provisions, standards, rights, and obligations set forth in this title.
(Amended by Stats. 2018, Ch. 92, Sec. 34. (SB 1289) Effective January 1, 2019.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 5 - Procedure › Section 945.5.

945.5. A builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, can demonstrate any of the following affirmative defenses in response to a claimed violation:
(a) To the extent it is caused by an unforeseen act of nature which caused the structure not to meet the standard. For purposes of this section an “unforeseen act of nature” means a weather condition, earthquake, or manmade event such as war, terrorism, or vandalism, in excess of the design criteria expressed by the applicable building codes, regulations, and ordinances in effect at the time of original construction.
(b) To the extent it is caused by a homeowner’s unreasonable failure to minimize or prevent those damages in a timely manner, including the failure of the homeowner to allow reasonable and timely access for inspections and repairs under this title. This includes the failure to give timely notice to the builder after discovery of a violation, but does not include damages due to the untimely or inadequate response of a builder to the homeowner’s claim.
(c) To the extent it is caused by the homeowner or his or her agent, employee, general contractor, subcontractor, independent contractor, or consultant by virtue of their failure to follow the builder’s or manufacturer’s recommendations, or commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a builder’s recommended maintenance schedule, the builder shall show that the homeowner had written notice of these schedules and recommendations and that the recommendations and schedules were reasonable at the time they were issued.
(d) To the extent it is caused by the homeowner or his or her agent’s or an independent third party’s alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the structure’s use for something other than its intended purpose.
(e) To the extent that the time period for filing actions bars the claimed violation.
(f) As to a particular violation for which the builder has obtained a valid release.
(g) To the extent that the builder’s repair was successful in correcting the particular violation of the applicable standard.
(h) As to any causes of action to which this statute does not apply, all applicable affirmative defenses are preserved.
(Amended by Stats. 2003, Ch. 762, Sec. 10. Effective January 1, 2004.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 3 - PERSONAL OR MOVABLE PROPERTY › TITLE 1 - PERSONAL PROPERTY IN GENERAL › Section 946.

946. If there is no law to the contrary, in the place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law of his domicile.
(Added by Code Amendments 1875-76, Ch. 167.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 3 - PERSONAL OR MOVABLE PROPERTY › TITLE 2 - PARTICULAR KINDS OF PERSONAL PROPERTY › CHAPTER 1 - Things in Action › ARTICLE 1 - Transfer of Things in Action › Section [953.].

[953.]  Section Nine Hundred and Fifty-three. A thing in action is a right to recover money or other personal property by a judicial proceeding.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 3 - PERSONAL OR MOVABLE PROPERTY › TITLE 2 - PARTICULAR KINDS OF PERSONAL PROPERTY › CHAPTER 1 - Things in Action › ARTICLE 1 - Transfer of Things in Action › Section 954.

954. A thing in action, arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner.
(Amended by Stats. 1990, Ch. 79, Sec. 2. Operative July 1, 1991, by Sec. 37 of Ch. 79, as amended by Stats. 1990, Ch. 710, Sec. 46.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 3 - PERSONAL OR MOVABLE PROPERTY › TITLE 2 - PARTICULAR KINDS OF PERSONAL PROPERTY › CHAPTER 1 - Things in Action › ARTICLE 1 - Transfer of Things in Action › Section 954.5.

954.5. (a) Subject to subdivisions (b) and (c), a transfer of a right represented by a judgment excluded from coverage of Division 9 of the Commercial Code by paragraph (9) of subdivision (d) of Section 9109 of the Commercial Code shall be deemed perfected as against third persons upon there being executed and delivered to the transferee an assignment thereof in writing.
(b) As between bona fide assignees of the same right for value without notice, the assignee who first becomes an assignee of record, by filing an acknowledgment of assignment of judgment with the court as provided in Section 673 of the Code of Civil Procedure or otherwise becoming an assignee of record, has priority.
(c) The filing of an acknowledgment of assignment of the judgment with the court under Section 673 of the Code of Civil Procedure is not, of itself, notice to the judgment debtor so as to invalidate any payments made by the judgment debtor that would otherwise be applied to the satisfaction of the judgment.
(Amended by Stats. 1999, Ch. 991, Sec. 1.8. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 3 - PERSONAL OR MOVABLE PROPERTY › TITLE 2 - PARTICULAR KINDS OF PERSONAL PROPERTY › CHAPTER 1 - Things in Action › ARTICLE 1 - Transfer of Things in Action › Section 955.

955. A transfer other than one intended to create a security interest (paragraph (1) or (3) of subdivision (a) of Section 9109 of the Commercial Code) of a nonnegotiable instrument which is otherwise negotiable within Division 3 of the Commercial Code but which is not payable to order or to bearer and a sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose (paragraph (4) of subdivision (d) of Section 9109 of the Commercial Code) shall be deemed perfected against third persons when such property rights have been endorsed or assigned in writing and in the case of such instruments or chattel paper delivered to the transferee, whether or not notice of such transfer or sale has been given to the obligor; but such endorsement, assignment, or delivery is not, of itself, notice to the obligor so as to invalidate any payments made by the obligor to the transferor.
(Amended by Stats. 1999, Ch. 991, Sec. 2. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 3 - PERSONAL OR MOVABLE PROPERTY › TITLE 2 - PARTICULAR KINDS OF PERSONAL PROPERTY › CHAPTER 1 - Things in Action › ARTICLE 1 - Transfer of Things in Action › Section 955.1.

955.1. (a) Except as provided in Sections 954.5 and 955 and subject to subdivisions (b) and (c), a transfer other than one intended to create a security interest pursuant to paragraph (1) or (3) of subdivision (a) of Section 9109 of the Commercial Code, of any payment intangible, as defined in Section 9102 of the Commercial Code, and any transfer of accounts, chattel paper, payment intangibles, or promissory notes excluded from the coverage of Division 9 of the Commercial Code by paragraph (4) of subdivision (d) of Section 9109 of the Commercial Code shall be deemed perfected as against third persons upon there being executed and delivered to the transferee an assignment thereof in writing.
(b) As between bona fide assignees of the same right for value without notice, the assignee first giving notice of the right to the obligor in writing has priority.
(c) The assignment is not, of itself, notice to the obligor so as to invalidate any payments made by the obligor to the transferor.
(d) This section does not apply to transfers or assignments of water supply property, as defined in Section 849 of the Public Utilities Code.
(e) This section does not apply to transfers or assignments of recovery property, as defined in Section 848 of the Public Utilities Code.
(Amended by Stats. 2014, Ch. 482, Sec. 2. (SB 936) Effective January 1, 2015.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 3 - PERSONAL OR MOVABLE PROPERTY › TITLE 2 - PARTICULAR KINDS OF PERSONAL PROPERTY › CHAPTER 3 - Products of the Mind › Section 980.

980. (a) (1) The author of any original work of authorship that is not fixed in any tangible medium of expression has an exclusive ownership in the representation or expression thereof as against all persons except one who orginally and independently creates the same or similar work. A work shall be considered not fixed when it is not embodied in a tangible medium of expression or when its embodiment in a tangible medium of expression is not sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration, either directly or with the aid of a machine or device.
(2) The author of an original work of authorship consisting of a sound recording initially fixed prior to February 15, 1972, has an exclusive ownership therein until February 15, 2047, as against all persons except one who independently makes or duplicates another sound recording that does not directly or indirectly recapture the actual sounds fixed in such prior sound recording, but consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate the sounds contained in the prior sound recording.
(b) The inventor or proprietor of any invention or design, with or without delineation, or other graphical representation, has an exclusive ownership therein, and in the representation or expression thereof, which continues so long as the invention or design and the representations or expressions thereof made by him remain in his possession.
(Amended by Stats. 1982, Ch. 574, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 3 - PERSONAL OR MOVABLE PROPERTY › TITLE 2 - PARTICULAR KINDS OF PERSONAL PROPERTY › CHAPTER 3 - Products of the Mind › Section 981.

981. (a) Unless otherwise agreed, an original work of authorship not fixed in any tangible medium of expression and in the creation of which several persons are jointly concerned, is owned by them in equal proportion.
(b) Unless otherwise agreed, an invention or design in the production of which several persons are jointly concerned is owned by them as follows:
(1) If the invention or design is single, in equal proportions.
(2) If it is not single, in proportion to the contribution of each.
(Amended by Stats. 1982, Ch. 574, Sec. 3.)