reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 20 - Firearm Industry Responsibility Act › Section 3273.51.

3273.51. (a) A firearm industry member shall comply with the firearm industry standard of conduct. It shall be a violation of the firearm industry standard of conduct for a firearm industry member to fail to comply with any requirement of this section.
(b) A firearm industry member shall do both of the following:
(1) Establish, implement, and enforce reasonable controls.
(2) Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide a firearm-related product to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls.
(c) A firearm industry member shall not manufacture, market, import, offer for wholesale sale, or offer for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California. For the purposes of this subdivision, the following shall apply:
(1) A firearm-related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm’s inherent capacity to cause injury or lethal harm.
(2) There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true:
(A) The firearm-related product’s features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities.
(B) The firearm-related product is designed, sold, or marketed in a manner that foreseeably promotes conversion of legal firearm-related products into illegal firearm-related products.
(C) The firearm-related product is designed, sold, or marketed in a manner that is targeted at minors or other individuals who are legally prohibited from accessing firearms.
(d) A firearm industry member shall not engage in any conduct related to the sale or marketing of firearm-related products that is in violation of the following sections:
(1) Paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9) of subdivision (a) of Section 1770.
(2) Section 17200 of the Business and Professions Code.
(3) Section 17500 of the Business and Professions Code.
(4) Section 17508 of the Business and Professions Code.
(Added by Stats. 2022, Ch. 98, Sec. 3. (AB 1594) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 3273.55.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 20 - Firearm Industry Responsibility Act › Section 3273.52.

3273.52. (a) An act or omission by a firearm industry member in violation of the firearm industry standard of conduct set forth in Section 3273.51 shall be actionable under this section.
(b) A person who has suffered harm in California because of a firearm industry member’s conduct described by subdivision (a) may bring an action in a court of competent jurisdiction.
(c) (1) The Attorney General may bring a civil action in a court of competent jurisdiction in the name of the people of the State of California to enforce this title and remedy harm caused by a violation of this title.
(2) A city attorney may bring a civil action in a court of competent jurisdiction in the name of the people of that city to enforce this title and remedy harm caused by a violation of this title.
(3) A county counsel may bring a civil action in a court of competent jurisdiction in the name of the people of that county to enforce this title and remedy harm caused by a violation of this title.
(d) If a court determines that a firearm industry member engaged in conduct described by subdivision (a), the court may award any or all of the following:
(1) Injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating the law.
(2) Damages.
(3) Attorney’s fees and costs.
(4) Any other appropriate relief necessary to enforce this title and remedy the harm caused by the conduct.
(e) (1) In an action alleging that a firearm industry member failed to establish, implement, and enforce reasonable controls in violation of paragraph (1) of subdivision (b) of Section 3273.51, there shall be a rebuttable presumption that the firearm industry member failed to implement reasonable controls if both of the following conditions are satisfied:
(A) The firearm industry member’s action or failure to act created a reasonably foreseeable risk that the harm alleged by the claimant would occur.
(B) The firearm industry member could have established, implemented, and enforced reasonable controls to prevent or substantially mitigate the risk that the harm would occur.
(2) If the rebuttable presumption described by paragraph (1) is established, the firearm industry member has the burden of proving by a preponderance of the evidence that the firearm industry member established, implemented, and enforced reasonable controls.
(f) An intervening act by a third party, including, but not limited to, criminal misuse of a firearm-related product, shall not preclude a firearm industry member from liability under this section.
(Added by Stats. 2022, Ch. 98, Sec. 3. (AB 1594) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 3273.55.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 20 - Firearm Industry Responsibility Act › Section 3273.54.

3273.54. (a) This title shall not be construed or implied to limit or impair in any way the right of a person or entity to pursue a legal action under any other authority.
(b) This title shall not be construed or implied to limit or impair in any way an obligation or requirement placed on a firearm industry member by any other authority.
(c) This title shall be construed and applied in a manner that is consistent with the requirements of the California and the United States Constitutions.
(Added by Stats. 2022, Ch. 98, Sec. 3. (AB 1594) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 3273.55.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 20 - Firearm Industry Responsibility Act › Section 3273.55.

3273.55. This title shall become operative on July 1, 2023.
(Added by Stats. 2022, Ch. 98, Sec. 3. (AB 1594) Effective January 1, 2023.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 21 - Firearm Manufacturing › Section 3273.60.

3273.60. As used in this title, the following definitions apply:
(a) “Digital firearm manufacturing code” means any digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a CNC milling machine, a three-dimensional printer, or a similar machine, to manufacture or produce a firearm, including a completed frame or receiver or a firearm precursor part.
(b) “Federally licensed firearms manufacturer” means a person, firm, corporation, or other entity that holds a valid license to manufacture firearms issued pursuant to Chapter 44 (commencing with Section 921) of Part I of Title 18 of the United States Code and regulations issued pursuant thereto.
(c) “Firearm” has the same meaning as in subdivisions (a) and (b) of Section 16520 of the Penal Code.
(d)  “Three-dimensional printer” means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.
(Added by Stats. 2023, Ch. 243, Sec. 2. (AB 1089) Effective January 1, 2024.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 21 - Firearm Manufacturing › Section 3273.61.

3273.61. (a) A civil action may be brought against a person who knowingly does either of the following:
(1) Distributes or causes to be distributed, by any means including the internet, any digital firearm manufacturing code to any other person in this state who is not a federally licensed firearms manufacturer, member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory.
(2) Commits an act that violates Section 29185 of the Penal Code, regardless of whether the act results in a conviction.
(b) (1) A person who commits an act described in subdivision (a) shall be strictly liable for any personal injury or property damage inflicted by the use of a firearm that is manufactured or produced using the digital firearm manufacturing code that they distributed or caused to be distributed, or that is manufactured by means of a computer numerical control (CNC) milling machine, a three-dimensional printer, or a similar machine.
(2) This subdivision does not apply to any injury or property damage sustained by a person who commits an unlawful act described in subdivision (a).
(c) The Attorney General, county counsel, or city attorney may bring an action in any court of competent jurisdiction to establish that a person has violated this section and may seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.
(d) A prevailing plaintiff shall be entitled to recover reasonable attorney’s fees and costs.
(e) The remedies provided by this section are cumulative and shall not be construed as restricting any other rights, causes of action, claims, or defenses available under any other law.
(Added by Stats. 2023, Ch. 243, Sec. 2. (AB 1089) Effective January 1, 2024.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 21 - Firearm Manufacturing › Section 3273.62.

3273.62. (a) A person shall not sell, offer to sell, transfer, advertise, or market a CNC milling machine or three-dimensional printer in a manner that knowingly or recklessly causes another person in this state to engage in conduct prohibited by Section 29185 of the Penal Code, or in a manner that otherwise knowingly or recklessly aids, abets, promotes, or facilitates conduct prohibited by that section.
(b) There shall be a rebuttable presumption that a person is engaged in conduct in violation of subdivision (a) if both of the following are true:
(1) The person offers to sell, advertises, or markets a CNC milling machine or three-dimensional printer in a manner that, under the totality of the circumstances, is targeted at purchasers seeking to manufacture firearms or that otherwise affirmatively promotes the machine or printer’s utility in manufacturing firearms, regardless of whether the machine or printer is otherwise described or classified as having any other capabilities.
(2) The person sells or transfers the CNC milling machine or three-dimensional printer described in paragraph (1) without verifying that a purchaser or transferee in this state is a federally licensed firearms manufacturer or not otherwise prohibited from purchasing or using the machine or printer to manufacture firearms under Section 29185 of the Penal Code.
(c) A person who has suffered harm because of conduct in violation of this section, including conduct in violation of Section 29185 of the Penal Code that was precipitated by a violation of this section, may bring an action in a court of competent jurisdiction to seek appropriate relief, which may include injunctive relief sufficient to prevent the person and any other defendant from further violating the law, compensatory or statutory damages, punitive damages, reasonable attorney’s fees and costs, and any other appropriate relief necessary to enforce this title and remedy the harm caused by the violation.
(d) In the name of the people of the State of California, the Attorney General, county counsel, or city attorney may bring an action in any court of competent jurisdiction to establish that a person has violated this section, or Section 29185 of the Penal Code, and seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.
(Added by Stats. 2023, Ch. 243, Sec. 2. (AB 1089) Effective January 1, 2024.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 22 - Child Sexual Abuse Material Hosted on a Social Media Platform › Section 3273.65.

3273.65. As used in this title:
(a) “Child pornography” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.
(b) “Child sexual abuse material” means either of the following:
(1) Child pornography.
(2) Obscene matter that depicts a minor personally engaging in, or personally simulating, sexual conduct.
(c) “Identifiable minor” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.
(d) “Minor” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.
(e) “Obscene matter” has the same meaning as defined in Section 311 of the Penal Code.
(f) “Reporting user” means a natural person who reports material to a social media platform using the means provided by the social media platform pursuant to Section 3273.61.
(g) (1) “Social media company” has, except as provided in paragraph (2), the same meaning as defined in Section 22675 of the Business and Professions Code.
(2) “Social media company” does not include a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.
(h) (1) “Social media platform” has, except as provided in paragraph (2), the same meaning as defined in Section 22675 of the Business and Professions Code.
(2) “Social media platform” does not include either of the following:
(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.
(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.
(Added by Stats. 2023, Ch. 579, Sec. 2. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 22 - Child Sexual Abuse Material Hosted on a Social Media Platform › Section 3273.68.

3273.68. A waiver of the provisions of this title is contrary to public policy and is void and unenforceable.
(Added by Stats. 2023, Ch. 579, Sec. 2. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 22 - Child Sexual Abuse Material Hosted on a Social Media Platform › Section 3273.69.

3273.69. The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2023, Ch. 579, Sec. 2. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 1 - RELIEF IN GENERAL › Section 3274.

3274. As a general rule, compensation is the relief or remedy provided by the law of this State for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified in this Part of the Civil Code.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 1 - RELIEF IN GENERAL › Section 3275.

3275. Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 1 - General Principles › Section 3281.

3281. Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 1 - General Principles › Section 3283.

3283. Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 2 - Interest as Damages › Section 3287.

3287. (a) A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. This section is applicable to recovery of damages and interest from any debtor, including the state or any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state.
(b) Every person who is entitled under any judgment to receive damages based upon a cause of action in contract where the claim was unliquidated, may also recover interest thereon from a date prior to the entry of judgment as the court may, in its discretion, fix, but in no event earlier than the date the action was filed.
(c) Unless another statute provides a different interest rate, in a tax or fee claim against a public entity that results in a judgment against the public entity, interest shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury yield, but shall not exceed 7 percent per annum. That rate shall control until the judgment becomes enforceable under Section 965.5 or 970.1 of the Government Code, at which time interest shall accrue at an annual rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 percent, but shall not exceed 7 percent per annum.
(Amended by Stats. 2013, Ch. 424, Sec. 1. (AB 748) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 2 - Interest as Damages › Section 3288.

3288. In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 2 - Interest as Damages › Section 3289.

3289. (a) Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation.
(b) If a contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation shall bear interest at a rate of 10 percent per annum after a breach.
For the purposes of this subdivision, the term contract shall not include a note secured by a deed of trust on real property.
(Amended by Stats. 1986, Ch. 176, Sec. 1. Effective June 23, 1986.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 2 - Interest as Damages › Section 3289.5.

3289.5. For purposes of Section 3289, the rate of the contracted finance charge shall be the legal rate of interest stipulated by a retail installment contract subject to Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3.
(Added by Stats. 1985, Ch. 224, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 2 - Interest as Damages › Section 3290.

3290. Accepting payment of the whole principal, as such, waives all claim to interest.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 2 - Interest as Damages › Section 3291.

3291. In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person, corporation, association, or partnership, whether by negligence or by willful intent of the other person, corporation, association, or partnership, and whether the injury was fatal or otherwise, it is lawful for the plaintiff in the complaint to claim interest on the damages alleged as provided in this section.
If the plaintiff makes an offer pursuant to Section 998 of the Code of Civil Procedure which the defendant does not accept prior to trial or within 30 days, whichever occurs first, and the plaintiff obtains a more favorable judgment, the judgment shall bear interest at the legal rate of 10 percent per annum calculated from the date of the plaintiff’s first offer pursuant to Section 998 of the Code of Civil Procedure which is exceeded by the judgment, and interest shall accrue until the satisfaction of judgment.
This section shall not apply to a public entity, or to a public employee for an act or omission within the scope of employment, and neither the public entity nor the public employee shall be liable, directly or indirectly, to any person for any interest imposed by this section.
(Added by Stats. 1982, Ch. 150, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 3 - Exemplary Damages › Section 3294.

3294. (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
(b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation.
(c) As used in this section, the following definitions shall apply:
(1) “Malice” means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.
(2) “Oppression” means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights.
(3) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.
(d) Damages may be recovered pursuant to this section in an action pursuant to Chapter 4 (commencing with Section 377.10) of Title 3 of Part 2 of the Code of Civil Procedure based upon a death which resulted from a homicide for which the defendant has been convicted of a felony, whether or not the decedent died instantly or survived the fatal injury for some period of time. The procedures for joinder and consolidation contained in Section 377.62 of the Code of Civil Procedure shall apply to prevent multiple recoveries of punitive or exemplary damages based upon the same wrongful act.
(e) The amendments to this section made by Chapter 1498 of the Statutes of 1987 apply to all actions in which the initial trial has not commenced prior to January 1, 1988.
(Amended by Stats. 1992, Ch. 178, Sec. 5. Effective January 1, 1993.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 3 - Exemplary Damages › Section 3295.

3295. (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of:
(1) The profits the defendant has gained by virtue of the wrongful course of conduct of the nature and type shown by the evidence.
(2) The financial condition of the defendant.
(b) Nothing in this section shall prohibit the introduction of prima facie evidence to establish a case for damages pursuant to Section 3294.
(c) No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the court enters an order permitting such discovery pursuant to this subdivision. However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose of establishing the profits or financial condition referred to in subdivision (a), and the defendant may be required to identify documents in the defendant’s possession which are relevant and admissible for that purpose and the witnesses employed by or related to the defendant who would be most competent to testify to those facts. Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial.
(d) The court shall, on application of any defendant, preclude the admission of evidence of that defendant’s profits or financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section 3294. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. Evidence of profit and financial condition shall be presented to the same trier of fact that found for the plaintiff and found one or more defendants guilty of malice, oppression, or fraud.
(e) No claim for exemplary damages shall state an amount or amounts.
(f) The amendments to this section made by Senate Bill No. 241 of the 1987–88 Regular Session apply to all actions in which the initial trial has not commenced prior to January 1, 1988.
(Amended by Stats. 1987, Ch. 1498, Sec. 6.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 1 - Damages in General › ARTICLE 3 - Exemplary Damages › Section 3296.

3296. (a) Whenever a judgment for punitive damages is entered against an insurer or health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code, the plaintiff in the action shall, within 10 days of entry of judgment, provide all of the following to the Commissioner of the Department of Insurance or the Director of the Department of Managed Health Care, whichever commissioner has regulatory jurisdiction over the insurer or health care service plan:
(1) A copy of the judgment.
(2) A brief recitation of the facts of the case.
(3) Copies of relevant pleadings, as determined by the plaintiff.
(b) The willful failure to comply with this section may, at the discretion of the trial court, result in the imposition of sanctions against the plaintiff or his or her attorney.
(c) This section shall apply to all judgments entered on or after January 1, 1995.
(d) “Insurer,” for purposes of this section, means any person or entity transacting any of the classes of insurance described in Chapter 1 (commencing with Section 100) of Part 1 of Division 1 of the Insurance Code.
(Amended by Stats. 2000, Ch. 857, Sec. 5. Effective January 1, 2001.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section [3300.].

[3300.]  Section Thirty-three Hundred. For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3301.

3301. No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3302.

3302. The detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3304.

3304. The detriment caused by the breach of a covenant of “seizin,” of “right to convey,” of “warranty,” or of “quiet enjoyment,” in a grant of an estate in real property, is deemed to be:
1. The price paid to the grantor; or, if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore at the time of the grant to the value of the whole property;
2. Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding five years;
3. Any expenses properly incurred by the covenantee in defending his possession.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3305.

3305. The detriment caused by the breach of a covenant against incumbrances in a grant of an estate in real property is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof, not exceeding in the former case a proportion of the price paid to the grantor equivalent to the relative value at the time of the grant of the property affected by the breach, as compared with the whole, or, in the latter case, interest on a like amount.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3306.

3306. The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed at the time of the breach, the expenses properly incurred in preparing to enter upon the land, consequential damages according to proof, and interest.
(Amended by Stats. 1983, Ch. 262, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3306a.

3306a. The minimum detriment caused by the breach of an agreement to execute and deliver a quitclaim deed to real property is deemed to be the expenses incurred by the promisee in quieting title to such property, and the expenses incidental to the entry upon such property. Such expenses which shall include reasonable attorneys’ fees shall be fixed by the court in the quiet title action.
(Added by Stats. 1935, Ch. 661.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3307.

3307. The detriment caused by the breach of an agreement to purchase an estate in real property is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract over the value of the property to him or her, consequential damages according to proof, and interest.
(Amended by Stats. 1983, Ch. 262, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3308.

3308. The parties to any lease of real or personal property may agree therein that if the lease shall be terminated by the lessor by reason of any breach thereof by the lessee, the lessor shall thereupon be entitled to recover from the lessee the worth at the time of the termination, of the excess, if any, of the amount of rent and charges equivalent to rent reserved in the lease for the balance of the stated term or any shorter period of time over the then reasonable rental value of the property for the same period.
The rights of the lessor under the agreement shall be cumulative to all other rights or remedies now or hereafter given to the lessor by law or by the terms of the lease; provided, however, that the election of the lessor to exercise the remedy hereinabove permitted shall be binding upon him or her and exclude recourse thereafter to any other remedy for rental or charges equivalent to rental or damages for breach of the covenant to pay the rent or charges accruing subsequent to the time of the termination. The parties to the lease may further agree therein that unless the remedy provided by this section is exercised by the lessor within a specified time the right thereto shall be barred.
This section does not apply to a lease of real property unless (a) the lease was executed before July 1, 1971, or (b) the terms of the lease were fixed by a lease, option, or other agreement executed before July 1, 1971.
This section does not apply to leases subject to Division 10 (commencing with Section 10101) of the Commercial Code.
(Amended by Stats. 1988, Ch. 1368, Sec. 2. Operative January 1, 1990, by Sec. 18 of Ch. 1368.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3315.

3315. The detriment caused by the breach of a carrier’s obligation to accept freight, messages, or passengers, is deemed to be the difference between the amount which he had a right to charge for the carriage and the amount which it would be necessary to pay for the same service when it ought to be performed.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3316.

3316. The detriment caused by the breach of a carrier’s obligation to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3317.

3317. The detriment caused by a carrier’s delay in the delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it ought to have been delivered, and between the day at which it ought to have been delivered, and the day of its actual delivery.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3318.

3318. The detriment caused by the breach of a warranty of an agent’s authority, is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3319.

3319. (a) In each written contract for private works of improvement entered into on or after January 1, 1996, the contracting party and the design professional may agree to contractual provisions that include a late payment penalty, in lieu of any interest otherwise due. The terms of the late payment penalty shall be specifically set forth in the written contract.
(b) The penalty authorized pursuant to subdivision (a) shall be separate from, and in addition to, the design professionals liens provided by Chapter 3 (commencing with Section 8300) of Title 2 of Part 6 of Division 4, mechanics liens provided by Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4, and stop payment notices provided by Chapter 5 (commencing with Section 8500) of Title 2 of Part 6 of Division 4.
(c) None of the rights or obligations created or permitted by this section between design professionals and contracting parties shall apply to construction loan funds held by a lender pursuant to a construction loan agreement.
(d) For purposes of this section, the following definitions apply:
(1) “Contracting party” means any person or entity entering into a written contract with a design professional for professional design services for a private work of improvement.
(2) “Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.
(Amended by Stats. 2010, Ch. 697, Sec. 17. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3320.

3320. (a) In each contract for public works of improvement, entered into on or after January 1, 1996, the public agency shall pay to the prime design professional any progress payment within 30 days of receipt of a written demand for payment in accordance with the contract, and the final retention payment within 45 days of receipt of a written demand for payment in accordance with the contract. If the public agency disputes in good faith any portion of the amount due, it may withhold from the payment an amount not to exceed 150 percent of the disputed amount. The disputed amount withheld is not subject to any penalty authorized by this section.
(b) If any amount is wrongfully withheld or is not timely paid in violation of this section, the prime design professional shall be entitled to a penalty of 1
1
/
2
percent for the improperly withheld amount, in lieu of any interest otherwise due, per month for every month that payment is not made. In any action for the collection of amounts withheld in violation of this section, the prevailing party is entitled to his or her reasonable attorney’s fees and costs.
(c) The penalty described in subdivision (b) is separate from, and in addition to, the design professionals liens provided by Chapter 3 (commencing with Section 8300) of Title 2 of Part 6 of Division 4, mechanics liens provided by Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4, and stop payment notices on public works provided by Chapter 4 (commencing with Section 9350) of Title 3 of Part 6 of Division 4.
(d) This section does not apply to state agency contracts subject to Section 927.6 of the Government Code.
(e) None of the rights or obligations created by this section between prime design professionals and public agencies apply to construction loan funds held by a lender pursuant to a construction loan agreement.
(f) For purposes of this section:
(1) “Public agency” means the state, any county, any city, any city and county, any district, any public authority, any public agency, any municipal corporation, or other political subdivision or political corporation of the state.
(2) “Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.
(3) “Prime design professional” means a design professional with a written contract directly with the public agency.
(Amended by Stats. 2010, Ch. 697, Sec. 18. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 1 - RELIEF › TITLE 2 - COMPENSATORY RELIEF › CHAPTER 2 - Measure of Damages › ARTICLE 1 - Damages for Breach of Contract › Section 3321.

3321. (a) In each contract for public works of improvement, a prime design professional shall pay to each subconsultant design professional the amount due him or her from the payment received, not later than 15 days after receipt of each progress payment or final retention payment. If the prime design professional disputes in good faith any portion of the amount due, he or she may withhold from the payment an amount not to exceed 150 percent of the disputed amount. The disputed amount withheld shall not be subject to any penalty authorized by this section.
(b) If any amount is wrongfully withheld or is not timely paid in violation of this section, the subconsultant design professional shall be entitled to a penalty of 1
1
/
2
percent of the improperly withheld amount, in lieu of any interest otherwise due, per month, for each month that payment is not made. In any action for the collection of amounts withheld in violation of this section, the prevailing party shall be entitled to his or her reasonable attorney’s fees and costs.
(c) The penalty described in subdivision (b) shall be separate from, and in addition to, the design professionals liens provided by Chapter 3 (commencing with Section 8300) of Title 2 of Part 6 of Division 4, mechanics liens provided by Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4, and stop payment notices on public works provided by Chapter 4 (commencing with Section 9350) of Title 3 of Part 6 of Division 4.
(d) None of the rights or obligations created by this section between prime design professionals and subconsultant design professionals shall apply to construction loan funds held by a lender pursuant to a construction loan agreement.
(e) For purposes of this section:
(1) “Public agency” means the state, any county, any city, any city and county, any district, any public authority, any public agency, any municipal corporation, or other political subdivision or political corporation of the state.
(2) “Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.
(3) “Prime design professional” means a design professional having a written contract directly with the public agency.
(4) “Subconsultant design professional” means a design professional having a written contract with a prime design professional.
(Amended by Stats. 2010, Ch. 697, Sec. 19. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)