reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 3 - Specific Performance of Obligations › Section 3386.

3386. Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if:
(a) Specific performance would otherwise be an appropriate remedy; and
(b) The agreed counterperformance has been substantially performed or its concurrent or future performance is assured or, if the court deems necessary, can be secured to the satisfaction of the court.
(Amended by Stats. 1969, Ch. 156.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 3 - Specific Performance of Obligations › Section 3387.

3387. It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation. In the case of a single-family dwelling which the party seeking performance intends to occupy, this presumption is conclusive. In all other cases, this presumption is a presumption affecting the burden of proof.
(Amended by Stats. 1984, Ch. 937, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 3 - Specific Performance of Obligations › Section 3388.

3388. A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 3 - Specific Performance of Obligations › Section 3389.

3389. A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 3 - Specific Performance of Obligations › Section 3390.

3390. The following obligations cannot be specifically enforced:
(a) An obligation to render personal service.
(b) An obligation to employ another in personal service.
(c) An agreement to perform an act which the party has not power lawfully to perform when required to do so.
(d) An agreement to procure the act or consent of the spouse of the contracting party, or of any other third person.
(e) An agreement, the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.
(Amended by Stats. 2016, Ch. 50, Sec. 12. (SB 1005) Effective January 1, 2017.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 3 - Specific Performance of Obligations › Section 3391.

3391. Specific performance cannot be enforced against a party to a contract in any of the following cases:
1. If he has not received an adequate consideration for the contract;
2. If it is not, as to him, just and reasonable;
3. If his assent was obtained by the misrepresentation, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled; or;
4. If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other respects, if proper to be so enforced.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 3 - Specific Performance of Obligations › Section 3392.

3392. Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial, and either entirely immaterial, or capable of being fully compensated, in which case specific performance may be compelled, upon full compensation being made for the default.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 3 - Specific Performance of Obligations › Section 3394.

3394. An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 3 - Specific Performance of Obligations › Section 3395.

3395. Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or incumbrancer in good faith and for value, and except, also, that any such person may exonerate himself by conveying all his estate to the person entitled to enforce the obligation.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 4 - Revision of Contracts › Section 3399.

3399. When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 4 - Revision of Contracts › Section 3400.

3400. For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 4 - Revision of Contracts › Section 3401.

3401. In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 6 - Cancellation of Instruments › Section 3412.

3412. A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 6 - Cancellation of Instruments › Section 3413.

3413. An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury, within the provisions of the last section.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 6 - Cancellation of Instruments › Section 3414.

3414. Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 2 - Specific Relief › ARTICLE 6 - Cancellation of Instruments › Section 3415.

3415. (a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to prove or establish the document or instrument or to compel the issuance, execution, and acknowledgment of a duplicate of the document or instrument.
(b) If the document or instrument is a negotiable instrument, the court shall compel the owner of the negotiable instrument to give an indemnity bond to the person reissuing, reexecuting, or reacknowledging the same, against loss, damage, expense, or other liability that may be suffered by the person by reason of the issuance of the duplicate instrument or by the original instrument still remaining outstanding.
(Amended by Stats. 2006, Ch. 538, Sec. 59. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 3 - Preventive Relief › Section 3422.

3422. Except where otherwise provided by this Title, a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant:
1. Where pecuniary compensation would not afford adequate relief;
2. Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief;
3. Where the restraint is necessary to prevent a multiplicity of judicial proceedings; or,
4. Where the obligation arises from a trust.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 3 - SPECIFIC AND PREVENTIVE RELIEF › CHAPTER 3 - Preventive Relief › Section 3424.

3424. (a) Upon notice and motion, the court may modify or dissolve a final injunction upon a showing that there has been a material change in the facts upon which the injunction was granted, that the law upon which the injunction was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction.
(b) Service of this motion to modify or dissolve a final injunction shall be made upon the nonmoving party by one of the following methods:
(1) If the party has not appeared in the action, the motion shall be served in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
(2) If the party has appeared in the action, the motion shall be served either upon the party or his or her attorney, or upon the party if he or she has appeared without an attorney, either in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of the Code of Civil Procedure or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.
(c) This section does not apply to a final injunction issued pursuant to the Family Code.
(Added by Stats. 1995, Ch. 796, Sec. 1.5. Effective January 1, 1996.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 4 - UNIFORM SINGLE PUBLICATION ACT › Section 3425.2.

3425.2. This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.
(Added by Stats. 1955, Ch. 867.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 4 - UNIFORM SINGLE PUBLICATION ACT › Section 3425.3.

3425.3. No person shall have more than one cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any one issue of a newspaper or book or magazine or any one presentation to an audience or any one broadcast over radio or television or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.
(Added by Stats. 1955, Ch. 867.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 4 - UNIFORM SINGLE PUBLICATION ACT › Section 3425.4.

3425.4. A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in Section 3425.3 shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication or exhibition or utterance.
(Added by Stats. 1955, Ch. 867.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.1.

3426.1. As used in this title, unless the context requires otherwise:
(a) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. Reverse engineering or independent derivation alone shall not be considered improper means.
(b) “Misappropriation” means:
(1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(2) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(A) Used improper means to acquire knowledge of the trade secret; or
(B) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:
(i) Derived from or through a person who had utilized improper means to acquire it;
(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(C) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(c) “Person” means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(d) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(Amended by Stats. 1994, Ch. 1010, Sec. 54. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.2.

3426.2. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
(Added by Stats. 1984, Ch. 1724, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.3.

3426.3. (a) A complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
(b) If neither damages nor unjust enrichment caused by misappropriation are provable, the court may order payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
(c) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subdivision (a) or (b).
(Added by Stats. 1984, Ch. 1724, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.4.

3426.4. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney’s fees and costs to the prevailing party. Recoverable costs hereunder shall include a reasonable sum to cover the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the prevailing party.
(Amended by Stats. 2006, Ch. 62, Sec. 1. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.5.

3426.5. In an action under this title, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
(Added by Stats. 1984, Ch. 1724, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.6.

3426.6. An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
(Added by Stats. 1984, Ch. 1724, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.7.

3426.7. (a) Except as otherwise expressly provided, this title does not supersede any statute relating to misappropriation of a trade secret, or any statute otherwise regulating trade secrets.
(b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.
(c) This title does not affect the disclosure of a record by a state or local agency under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Any determination as to whether the disclosure of a record under the California Public Records Act constitutes a misappropriation of a trade secret and the rights and remedies with respect thereto shall be made pursuant to the law in effect before the operative date of this title.
(Amended by Stats. 2021, Ch. 615, Sec. 52. (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 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.8.

3426.8. This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it.
(Added by Stats. 1984, Ch. 1724, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.9.

3426.9. If any provision of this title or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
(Added by Stats. 1984, Ch. 1724, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.10.

3426.10. This title does not apply to misappropriation occurring prior to January 1, 1985. If a continuing misappropriation otherwise covered by this title began before January 1, 1985, this title does not apply to the part of the misappropriation occurring before that date. This title does apply to the part of the misappropriation occurring on or after that date unless the appropriation was not a misappropriation under the law in effect before the operative date of this title.
(Added by Stats. 1984, Ch. 1724, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 5 - UNIFORM TRADE SECRETS ACT › Section 3426.11.

3426.11. Notwithstanding subdivision (b) of Section 47, in any legislative or judicial proceeding, or in any other official proceeding authorized by law, or in the initiation or course of any other proceeding authorized by law and reviewable pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure, the voluntary, intentional disclosure of trade secret information, unauthorized by its owner, to a competitor or potential competitor of the owner of the trade secret information or the agent or representative of such a competitor or potential competitor is not privileged and is not a privileged communication for purposes of Part 2 (commencing with Section 43) of Division 1.
This section does not in any manner limit, restrict, impair, or otherwise modify either the application of the other subdivisions of Section 47 to the conduct to which this section applies or the court’s authority to control, order, or permit access to evidence in any case before it.
Nothing in this section shall be construed to limit, restrict, or otherwise impair, the capacity of persons employed by public entities to report improper government activity, as defined in Section 10542 of the Government Code, or the capacity of private persons to report improper activities of a private business.
(Added by Stats. 1992, Ch. 165, Sec. 1. Effective January 1, 1993.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 6 - INTERFERENCE WITH ACCESS TO HEALTH CARE › Section 3427.

3427. As used in this title:
(a) “Aggrieved” means and refers to any of the following persons or entities:
(1) A person physically present at a health care facility when a commercial blockade occurs whose access is obstructed or impeded.
(2) A person physically present at a health care facility when a commercial blockade occurs whose health care is disrupted.
(3) A health care facility where a commercial blockade occurs, its employees, contractors, or volunteers.
(4) The owner of a health care facility where a commercial blockade occurs or of the building or property upon which the health care facility is located.
(b) “Commercial blockade” means acts constituting the tort of commercial blockade, as defined in Section 3427.1.
(c) “Disrupting the normal functioning of a health care facility” means intentionally rendering or attempting to render a health care facility temporarily or permanently unavailable or unusable by a licensed health practitioner, the facility’s staff, or patients. “Disrupting the normal functioning of a health care facility” does not include acts of the owner of the facility, an agent acting on behalf of the owner, or officers or employees of a governmental entity acting to protect the public health or safety.
(d) “Health care facility” means a facility that provides health care services directly to patients, including, but not limited to, a hospital, clinic, licensed health practitioner’s office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home.
(Added by Stats. 1994, Ch. 1193, Sec. 1. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 6 - INTERFERENCE WITH ACCESS TO HEALTH CARE › Section 3427.1.

3427.1. It is unlawful, and constitutes the tort of commercial blockade for a person, alone or in concert with others, to intentionally prevent an individual from entering or exiting a health care facility by physically obstructing the individual’s passage or by disrupting the normal functioning of a health care facility.
(Added by Stats. 1994, Ch. 1193, Sec. 1. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 6 - INTERFERENCE WITH ACCESS TO HEALTH CARE › Section 3427.2.

3427.2. A person or health care facility aggrieved by the actions prohibited by this title may seek civil damages from those who committed the prohibited acts and those acting in concert with them.
(Amended by Stats. 1995, Ch. 91, Sec. 19. Effective January 1, 1996.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 6 - INTERFERENCE WITH ACCESS TO HEALTH CARE › Section 3427.3.

3427.3. The court having jurisdiction over a civil proceeding under this title shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient, licensed health practitioner, or employee, client, or customer of a health care facility who is a party or witness in the proceeding, including granting protective orders. Health care patients, licensed health practitioners, and employees, clients, and customers of the health care facility may use pseudonyms to protect their privacy.
(Added by Stats. 1994, Ch. 1193, Sec. 1. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 6 - INTERFERENCE WITH ACCESS TO HEALTH CARE › Section 3427.4.

3427.4. This title shall not be construed to impair any constitutionally protected activity or any activities protected by the labor laws of this state or the United States of America.
(Added by Stats. 1994, Ch. 1193, Sec. 1. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 1 - GENERAL PRINCIPLES › Section 3429.

3429. A debtor, within the meaning of this Title, is one who, by reason of an existing obligation, is or may become liable to pay money to another, whether such liability is certain or contingent.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 1 - GENERAL PRINCIPLES › Section 3430.

3430. A creditor, within the meaning of this Title, is one in whose favor an obligation exists, by reason of which he is, or may become, entitled to the payment of money.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 1 - GENERAL PRINCIPLES › Section 3431.

3431. In the absence of fraud, every contract of a debtor is valid against all his creditors, existing or subsequent, who have not acquired a lien on the property affected by such contract.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 1 - GENERAL PRINCIPLES › Section 3432.

3432. A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 1 - GENERAL PRINCIPLES › Section 3433.

3433. Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all of them, the latter may require the former to seek satisfaction from those funds to which the latter has no such claim, so far as it can be done without impairing the right of the former to complete satisfaction, and without doing injustice to third persons.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 1 - GENERAL PRINCIPLES › Section 3434.

3434. A lender who makes a loan of money, the proceeds of which are used or may be used by the borrower to finance the design, manufacture, construction, repair, modification or improvement of real or personal property for sale or lease to others, shall not be held liable to third persons for any loss or damage occasioned by any defect in the real or personal property so designed, manufactured, constructed, repaired, modified or improved or for any loss or damage resulting from the failure of the borrower to use due care in the design, manufacture, construction, repair, modification or improvement of such real or personal property, unless such loss or damage is a result of an act of the lender outside the scope of the activities of a lender of money or unless the lender has been a party to misrepresentations with respect to such real or personal property.
(Added by Stats. 1969, Ch. 1584.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.

3439. This chapter may be cited as the Uniform Voidable Transactions Act.
(Amended by Stats. 2015, Ch. 44, Sec. 3. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.01.

3439.01. As used in this chapter the following definitions are applicable:
(a) “Asset” means property of a debtor, but the term does not include the following:
(1) Property to the extent it is encumbered by a valid lien.
(2) Property to the extent it is generally exempt under nonbankruptcy law.
(3) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.
(b) “Claim,” except as used in “claim for relief,” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.
(c) “Creditor” means a person that has a claim, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, of a debtor.
(d) “Debt” means liability on a claim.
(e) “Debtor” means a person that is liable on a claim.
(f) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(g) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
(h) “Organization” means a person other than an individual.
(i) “Person” means an individual, partnership, corporation, limited liability company, association, government or governmental subdivision, instrumentality or agency, business trust, estate, trust, business or nonprofit entity, or other legal entity.
(j) “Property” means anything that may be the subject of ownership.
(k) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(l) “Sign” means, with present intent to authenticate or adopt a record, to either (1) execute or adopt a tangible symbol, or (2) attach to or logically associate with the record an electronic symbol, sound, or process.
(m) “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance.
(n) “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
(Amended by Stats. 2015, Ch. 44, Sec. 4. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.02.

3439.02. (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets.
(b) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(c) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
(d) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
(Amended by Stats. 2015, Ch. 44, Sec. 5. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.03.

3439.03. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.
(Repealed and added by Stats. 1986, Ch. 383, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.04.

3439.04. (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation as follows:
(1) With actual intent to hinder, delay, or defraud any creditor of the debtor.
(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor either:
(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction.
(B) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
(b) In determining actual intent under paragraph (1) of subdivision (a), consideration may be given, among other factors, to any or all of the following:
(1) Whether the transfer or obligation was to an insider.
(2) Whether the debtor retained possession or control of the property transferred after the transfer.
(3) Whether the transfer or obligation was disclosed or concealed.
(4) Whether before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit.
(5) Whether the transfer was of substantially all the debtor’s assets.
(6) Whether the debtor absconded.
(7) Whether the debtor removed or concealed assets.
(8) Whether the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.
(9) Whether the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.
(10) Whether the transfer occurred shortly before or shortly after a substantial debt was incurred.
(11) Whether the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.
(c) A creditor making a claim for relief under subdivision (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
(Amended by Stats. 2015, Ch. 44, Sec. 6. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.05.

3439.05. (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) A creditor making a claim for relief under subdivision (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
(Amended by Stats. 2015, Ch. 44, Sec. 7. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.06.

3439.06. For the purposes of this chapter:
(a) A transfer is made:
(1) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(2) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.
(b) If applicable law permits the transfer to be perfected as provided in subdivision (a) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action.
(c) If applicable law does not permit the transfer to be perfected as provided in subdivision (a), the transfer is made when it becomes effective between the debtor and the transferee.
(d) A transfer is not made until the debtor has acquired rights in the asset transferred.
(e) An obligation is incurred:
(1) If oral, when it becomes effective between the parties; or
(2) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
(Amended by Stats. 2015, Ch. 44, Sec. 8. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.07.

3439.07. (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 3439.08, may obtain:
(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim.
(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedures described in Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure, or as may otherwise be available under applicable law.
(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, the following:
(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or other property of the transferee.
(B) Appointment of a receiver to take charge of the asset transferred or other property of the transferee.
(C) Any other relief the circumstances may require.
(b) If a creditor has commenced an action on a claim against the debtor, the creditor may attach the asset transferred or other property of the transferee if the remedy of attachment is available in the action under applicable law and the property is subject to attachment in the hands of the transferee under applicable law.
(c) If a creditor has obtained a judgment on a claim against the debtor, the creditor may levy execution on the asset transferred or its proceeds.
(d) A creditor who is an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, may exercise any and all of the rights and remedies specified in this section if they are available to any one or more creditors of the assignor who are beneficiaries of the assignment, and, in that event (1) only to the extent the rights or remedies are so available and (2) only for the benefit of those creditors whose rights are asserted by the assignee.
(Amended by Stats. 2015, Ch. 44, Sec. 9. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.09.

3439.09. A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07:
(a) Under paragraph (1) of subdivision (a) of Section 3439.04, not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant.
(b) Under paragraph (2) of subdivision (a) of Section 3439.04 or Section 3439.05, not later than four years after the transfer was made or the obligation was incurred.
(c) Notwithstanding any other provision of law, a cause of action under this chapter with respect to a transfer or obligation is extinguished if no action is brought or levy made within seven years after the transfer was made or the obligation was incurred.
(Amended by Stats. 2015, Ch. 44, Sec. 11. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.10.

3439.10. (a) In this section, the following rules determine a debtor’s location:
(1) A debtor who is an individual is located at the individual’s principal residence.
(2) A debtor that is an organization and has only one place of business is located at its place of business.
(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.
(b) A claim in the nature of a claim under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
(Added by Stats. 2015, Ch. 44, Sec. 13. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.12.

3439.12. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
(Added by renumbering Section 3439.10 by Stats. 2015, Ch. 44, Sec. 12. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.13.

3439.13. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Added by renumbering Section 3439.11 by Stats. 2015, Ch. 44, Sec. 14. (SB 161) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR › TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS › CHAPTER 1 - Uniform Voidable Transactions Act › Section 3439.14.

3439.14. (a) The changes to this chapter made by the act adding this subdivision apply only to a right of action that accrued, transfer made, or obligation incurred, on or after the effective date of that act.
(b) This chapter, and the other changes in the law made by Chapter 383 of the Statutes of 1986, apply only to transfers made or obligations incurred before the effective date of the act that added subdivision (a) and on or after January 1, 1987. As to transfers made or obligations incurred prior to January 1, 1987, the law in effect at the time the transfer was made or the obligation was incurred shall apply.
(c) Section 3439.06 shall determine the date that a transfer was made or obligation incurred.
(d) The provisions of this chapter, insofar as they are substantially the same as the provisions of this chapter in effect on December 31, 2015, shall be construed as restatements and continuations, and not as new enactments.
(Added by renumbering Section 3439.12 by Stats. 2015, Ch. 44, Sec. 15. (SB 161) Effective January 1, 2016.)