reglab/statecodes huggingface dataset:
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 2 - Conveyance of Personal Property Without Delivery › Section 3440.

3440. (a) Except as otherwise provided in this chapter, every transfer of personal property made by a person having at the time the possession of the property, and not accompanied by an immediate delivery followed by an actual and continued change of possession of the property, is void as against the transferor’s creditors (secured or unsecured) at the time of the transfer and those who become creditors while the transferor remains in possession and the successors in interest of those creditors, and as against buyers from the transferor for value in good faith subsequent to the transfer.
(b) As used in this chapter, “creditor” means a person who has a claim, as defined in Section 3439.01, 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. “Creditor” also includes any person to whom the transferor’s estate devolves in trust for the benefit of persons other than the transferor. Any such assignee or trustee may exercise any and all the rights and remedies specified in this chapter, if they are available to any one or more creditors of the assignor or transferor who are beneficiaries of the assignment or trust, 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 or trustee.
(Amended by Stats. 1987, Ch. 40, Sec. 3. Effective June 8, 1987.)
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 2 - Conveyance of Personal Property Without Delivery › Section 3440.2.

3440.2. Subject to Section 3440.3, a transfer of personal property shall not be void under Section 3440 as against a creditor of the transferor or as against a buyer from the transferor, if the creditor’s or buyer’s claim or right against the transferor arises after the date all of the requirements of subdivision (h) of Section 3440.1 have been met, other than the requirement that filing of the financing statement and publication of the notice referred to therein be completed prior to the transfer.
(Added by Stats. 1985, Ch. 1368, 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 2 - Conveyance of Personal Property Without Delivery › Section 3440.3.

3440.3. A transfer of personal property, as to which the conditions set forth in subdivision (h) of Section 3440.1, Section 3440.2, or subdivision (b) of Section 3440.5 are satisfied, shall, nevertheless, be void under Section 3440 as against a person who has purchased the personal property from the transferor and who is a “buyer in the ordinary course of business,” as defined in paragraph (9) of subdivision (b) of Section 1201 of the Commercial Code.
(Amended by Stats. 2006, Ch. 254, Sec. 5. Effective January 1, 2007.)
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 2 - Conveyance of Personal Property Without Delivery › Section 3440.4.

3440.4. This chapter does not affect the rights of a buyer for value in good faith who purchases the transferred personal property from the transferee or from a successor in interest of the transferee, provided the transferor is no longer in possession of the personal property at the time of the purchase by that buyer.
(Added by Stats. 1985, Ch. 1368, Sec. 4.)
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 2 - Conveyance of Personal Property Without Delivery › Section 3440.6.

3440.6. No action shall be brought or levy made under this chapter more than one year after the earliest of the following dates:
(a) The date the person bringing the action or making the levy should have discovered the transfer in the exercise of reasonable diligence.
(b) The date the person bringing the action or making the levy obtained actual knowledge of the transfer.
(c) The date the delivery of, and actual and continued change of possession of, the property transferred occurred.
(d) If the financing statement filed pursuant to subdivision (h) of Section 3440.1 has not lapsed, the date the filing and publication requirements of subdivision (h) of Section 3440.1 were met, other than the requirement that the filing of the financing statement and publication of the notice referred to therein be completed prior to the transfer.
(Added by Stats. 1985, Ch. 1368, Sec. 5.)
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 2 - Conveyance of Personal Property Without Delivery › Section 3440.9.

3440.9. Subdivision (2) of Section 2402 and subdivision (a) of Section 10308 of the Commercial Code are not restricted by the provisions of this chapter.
(Amended by Stats. 1994, Ch. 668, Sec. 4. Effective January 1, 1995.)
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 3 - Undertaking in Voidable Transfer Action › Section 3445.

3445. As used in this chapter:
(a)  “Transfer” means “transfer” as defined in Section 3439.01.
(b) “Creditor” means “creditor” as defined in Section 3439.01.
(c) “Transferee” means the person to whom property was transferred or an obligation was incurred, or the successors or assigns of the person.
(Amended by Stats. 1986, Ch. 383, Sec. 4.)
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 3 - Undertaking in Voidable Transfer Action › Section 3446.

3446. (a) In an action by a creditor for relief against a transfer or obligation under Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 on the ground that the transfer or obligation is voidable as to the creditor, the transferee may give an undertaking as provided in this chapter.
(b) If an undertaking is given as provided in this chapter, the transferee may sell, encumber, transfer, convey, mortgage, pledge, or otherwise dispose of the property or obligation, or a part thereof, and the purchaser, encumbrancer, transferee, mortgagee, grantee, or pledgee of the property or obligation takes, owns, holds, and possesses the property or obligation unaffected by the action and any judgment that is rendered in the action.
(Amended by Stats. 2015, Ch. 44, Sec. 17. (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 3 - Undertaking in Voidable Transfer Action › Section 3447.

3447. The undertaking shall be conditioned that, if it is determined in the action that the transfer or obligation was voidable as to the creditor, the transferee will pay to the creditor the lesser of the following amounts:
(a) The value of the property or obligation as estimated in the undertaking.
(b) The amount determined in the action to be due and owing to the creditor by the person who transferred the property or incurred the obligation.
(Amended by Stats. 2015, Ch. 44, Sec. 18. (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 3 - Undertaking in Voidable Transfer Action › Section 3448.

3448. The undertaking shall be in the lesser of the following amounts:
(a) Double the value of the property or obligation.
(b) Double the amount of the creditor’s claim in the action.
(Added by Stats. 1982, Ch. 517, Sec. 93.)
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 3 - Undertaking in Voidable Transfer Action › Section 3449.

3449. The undertaking becomes effective 10 days after service of the undertaking on the creditor.
(Added by Stats. 1982, Ch. 517, Sec. 93.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 1 - GENERAL PRINCIPLES › Section 3479.

3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.
(Amended by Stats. 1996, Ch. 658, Sec. 1. Effective January 1, 1997.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 1 - GENERAL PRINCIPLES › Section [3480.].

[3480.] Section Thirty-four Hundred and Eighty.   A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 1 - GENERAL PRINCIPLES › Section 3482.8.

3482.8. Any building or property used for the purpose of willfully conducting dogfighting in violation of Section 597.5 of the Penal Code or cockfighting in violation of subdivision (b) of Section 597b of the Penal Code is a public nuisance.
(Added by Stats. 2011, Ch. 128, Sec. 1. (SB 426) Effective January 1, 2012.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 1 - GENERAL PRINCIPLES › Section 3483.

3483. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 2 - PUBLIC NUISANCES › Section 3491.

3491. The remedies against a public nuisance are:
1. Indictment or information;
2. A civil action; or,
3. Abatement.
(Amended by Code Amendments 1880, Ch. 11.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 2 - PUBLIC NUISANCES › Section 3494.5.

3494.5. (a) (1) A property owner who voluntarily participates in a lead paint abatement program, and all public entities, shall be immune from liability in any lawsuit where a responsible party seeks to recover any cost associated with a lead paint abatement program from a property owner or public entity.
(2) For purposes of this subdivision, participation in a lead paint abatement program may be as limited as submission of an application to a lead paint abatement program or as extensive as completion of all activities conducted pursuant to a lead paint abatement program.
(b) (1) A property owner’s participation in a lead paint abatement program shall not be evidence that the participating property is any of the following:
(A) A nuisance.
(B) Substandard under Section 17920.3 of the Health and Safety Code or is in violation of Section 17920.10 of the Health and Safety Code, to the extent that those sections apply to lead-based paint or other substandard conditions controlled utilizing program funds.
(C) Untenantable under Section 1941.1 of the Civil Code, as that section applies to lead-based paint or other conditions controlled utilizing program funds.
(2) For the purposes of this subdivision, “participation in a lead paint abatement program” means that a property has been voluntarily enrolled in a lead paint abatement program, qualifies for inspection and services, is deemed to contain actionable lead-based paint, and has been satisfactorily abated, is in the process of being satisfactorily abated, or is awaiting abatement under the lead paint abatement program.
(c) For the purposes of this section:
(1) “Lead paint abatement program” means a program that satisfies both of the following:
(A) The program is created to abate lead-based paint.
(B) The program is created as a result of a judgment or settlement in any public nuisance or similar litigation.
(2) “Property owner” means the property owner as well as all agents or employees thereof acting within the course and scope of their agency or employment.
(3) “Public entities” includes the state, the Regents of the University of California, the Trustees of the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state, including any employees or agents thereof acting within the course and scope of their employment or agency.
(4) “Responsible party” means a private party legally responsible for the inspection costs, abatement costs, or any other costs associated with a lead paint abatement program.
(d) This section shall not alter existing obligations on homeowners to maintain their property under applicable law or otherwise limit a tenant’s legal remedies for addressing the presence of lead paint on a dwelling.
(Added by Stats. 2019, Ch. 171, Sec. 1. (AB 206) Effective January 1, 2020.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 2 - PUBLIC NUISANCES › Section 3495.

3495. Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 2 - PUBLIC NUISANCES › Section 3496.

3496. In any of the following described cases, the court may award costs, including the costs of investigation and discovery, and reasonable attorney’s fees, which are not compensated for pursuant to some other provision of law, to the prevailing party:
(a) In any case in which a governmental agency seeks to enjoin the sale, distribution, or public exhibition, for commercial consideration, of obscene matter, as defined in Section 311 of the Penal Code.
(b) In any case in which a governmental agency seeks to enjoin the use of a building or place for the purpose of illegal gambling, lewdness, assignation, human trafficking, or prostitution; or any case in which a governmental agency seeks to enjoin acts of illegal gambling, lewdness, assignation, human trafficking, or prostitution in or upon a building or place, as authorized in Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code.
(c) In any case in which a governmental agency seeks to enjoin the use of a building or place, or seeks to enjoin in or upon any building or place the unlawful sale, manufacture, service, storage, or keeping or giving away of any controlled substance, as authorized in Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code.
(d) In any case in which a governmental agency seeks to enjoin the unlawful sale, service, storage, or keeping or giving away of alcoholic liquor, as authorized in Article 1 (commencing with Section 11200) of Chapter 3 of Title 1 of Part 4 of the Penal Code.
(Amended by Stats. 2012, Ch. 254, Sec. 1. (AB 2212) Effective January 1, 2013.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 3 - PRIVATE NUISANCES › Section 3502.

3502. A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 3 - PRIVATE NUISANCES › Section 3503.

3503. Where a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his land, reasonable notice must be given to him before entering to abate it.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3504.

3504. As used in this title:
(a) “Animal” means any amphibian, bird, mammal or reptile. It does not include any fish or insect.
(b) “Motion picture” means any motion picture, regardless of length or content, which is exhibited in a motion picture theater to paying customers, or is exhibited on television to paying customers or under the sponsorship of a paying advertiser. It shall not include motion pictures made for scientific, research, or educational purposes, or motion pictures exhibited as home movies, or amateur films, which are shown free or at cost to friends, neighbors or civic groups.
(c) “Person” means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.
(Amended by Stats. 1994, Ch. 1010, Sec. 56. Effective January 1, 1995.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3505.

3505. (a) The exhibition of any motion picture, if any intentional killing of, or cruelty to, a human being or an animal is shown in the motion picture and such intentional killing of, or cruelty to, a human being or an animal actually occurred in the production of the motion picture for the purpose of such production, is a nuisance, which shall be enjoined, abated, and prevented.
(b) As used in this section, “killing” and “cruelty” mean conduct which both (1) results in the death or the infliction of any physical injury or wound, including, but not limited to, any temporary or permanent physical harm resulting from the administration of any drug or chemical, and (2) is patently offensive to the average person, applying contemporary statewide community standards. It does not include conduct committed against a human being to which the human being has given his or her consent. In determining whether conduct is patently offensive, the trier of fact may consider any or all of the following: (i) the degree or extent of the physical injury inflicted, (ii) the manner in which the injury is inflicted, (iii) the extent to which the injuring or wounding or acts resulting therein are depicted on the screen, (iv) the number of instances of infliction of injury, wound or harm occurring in the making of the motion picture, and (v) whether such conduct is lawful or unlawful under any provision of law other than this title.
(c) For the purposes of this section, it shall not be a requirement that the entire motion picture and all of the conduct resulting therein be taken into account in determining whether a nuisance exists, and to this end, the Legislature finds and declares that any specific conduct which intentionally results in the killing of, or cruelty to, an animal or a human being in the making of a motion picture is unnecessary and is a nuisance, and that if a motion picture cannot be completed in the absence of such conduct, it is, therefore, a nuisance in its entirety.
(Added by Stats. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3506.

3506. Whenever there is reasonable cause to believe that a nuisance as defined in this title is kept, maintained or is in existence in any county, the district attorney or the Attorney General, in the name of the people of the State of California, shall, on a proper showing, commence an action in equity to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the nuisance exists, from maintaining or permitting it. As used herein, a proper showing to commence an action under this title must be based upon evidence independent of the motion picture itself that intentional killing of, or cruelty to, a human being or an animal actually occurred in the production of the motion picture for the purpose of such production.
(Added by Stats. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3507.

3507. Whenever an action is initiated under this title to abate an alleged nuisance, an adversary trial on the merits shall be held pursuant to Section 3507.2. If the court finds that the exhibition of the particular motion picture constitutes a nuisance, it shall issue a permanent injunction to abate and prevent the continuance or recurrence of such nuisance. No temporary restraining order or preliminary injunction shall be granted in such an action. An appeal may be taken from an order issuing a permanent injunction, and any injunction issued pursuant to this title by the trial court may be stayed by such court pending the outcome of such appeal. No appeal may be taken from a ruling by the trial court denying an injunction requested under this title.
(Added by Stats. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3507.1.

3507.1. In actions brought under this title, the motion picture shall be admissible into evidence. The burden of proof that the exhibition of the particular motion picture constitutes a nuisance shall be met by the district attorney or Attorney General only when clear and convincing evidence, independent of the motion picture itself, is provided that the acts alleged actually occurred in the production of the motion picture.
(Added by Stats. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3507.2.

3507.2. Actions brought under this title shall be brought as promptly as possible. Such actions shall have precedence over all actions, excepting criminal proceedings and election contests. It is also the intent of the Legislature that actions commenced under this title be adjudicated in the most speedy and expeditious manner.
(Added by Stats. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3507.3.

3507.3. Any violation or disobedience of an injunction or order expressly provided for by this title is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000).
(Added by Stats. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3507.4.

3507.4. The distributor who furnished a motion picture to a person who is made a defendant in an action under this title, and the producer of a motion picture which is the subject of this title shall be jointly and severally liable, upon proof and after an opportunity to appear and interpose any appropriate defenses, to such person and the exhibitor for damages, including loss of profits, attorney’s fees, and other costs of defending such action. Such distributor and such producer shall actively assist in such defense to the extent that such person possesses information necessary to such defense concerning the production of the motion picture which is not otherwise available to the defendant. The exhibitor shall not be liable upon any portion of any contract made on or after January 1, 1979, which requires the exhibition or advertisement of a motion picture subject to this title on or after the date of the filing of any action under this title, if the motion picture by final decision of a court is determined to be a nuisance under this title.
(Added by Stats. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3508.

3508. (a) This title shall not apply to any of the following:
(1) The exhibition of any motion picture, such as a newsreel or documentary, involving acts of killing or cruelty which were not intentionally committed for the purpose of producing the motion picture.
(2) Any motion picture made, in whole or in part, prior to January 1, 1979.
(3) Any motion picture all or part of which has been edited or remade so that any previous conduct which constituted a nuisance under this title no longer appears.
(4) The taking of any animal as permitted by any provision of the Fish and Game Code or pursuant thereto in accordance with regulations adopted by the Fish and Game Commission unless the time, place, or manner of such taking violates any provision of law except this title. This title shall apply to any other animal whether or not the time, place, or manner of the taking is prohibited by any laws other than this title, however, this title shall not apply to the taking of any animal authorized by law in any other jurisdiction unless the time, place or manner of such taking is prohibited by law or regulation.
(5) A motion picture which includes scenes of killing or cruelty to animals if the acts constituting the killing or cruelty were authorized by the laws governing such acts in the jurisdiction where the scenes were filmed.
(6) Any motion picture which bears within its contents a statement from the producer of the motion picture that all scenes depicting animals were filmed without the intentional killing of, or cruelty to an animal or that any killing or cruelty to an animal was authorized by the laws of the jurisdiction where the scenes were filmed or that the film is otherwise exempt under this title.
(7) Any motion picture if the exhibitor thereof has a written signed statement, or a copy thereof, from the producer of the motion picture that all scenes depicting animals were filmed without the intentional killing of, or cruelty to an animal or that any killing or cruelty to an animal was authorized by the laws of the jurisdiction where the scenes were filmed or that the film is otherwise exempt under this title.
(b) This title shall not apply in any case in which it would conflict with federal supremacy in the field of television broadcasting.
(Added by Stats. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3508.1.

3508.1. Any producer who willfully misstates or causes to be misstated any fact contained in a statement under paragraph (6) or (7) of Section 3508 is guilty of a misdemeanor.
(Added by Stats. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 3 - NUISANCE › TITLE 4 - MOTION PICTURES › Section 3508.2.

3508.2. If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this 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. 1978, Ch. 1152.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 4 - MAXIMS OF JURISPRUDENCE › Section 3509.

3509. The maxims of jurisprudence hereinafter set forth are intended not to qualify any of the foregoing provisions of this code, but to aid in their just application.
(Amended by Stats. 2013, Ch. 76, Sec. 20. (AB 383) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4000.

4000. This part shall be known and may be cited as the Davis-Stirling Common Interest Development Act. In a provision of this part, the part may be referred to as the act.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4005.

4005. Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.
(Amended by Stats. 2013, Ch. 183, Sec. 7. (SB 745) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4010.

4010. Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the document or action was proper under the law governing common interest developments at the time that the document was prepared or the action was taken. For the purposes of this section, “document” does not include a governing document.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4020.

4020. Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner regardless of the form of the common interest development.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4035.

4035. (a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated in the annual policy statement, prepared pursuant to Section 5310, to receive documents on behalf of the association. If no person has been designated to receive documents, the document shall be delivered to the president or secretary of the association.
(b) A document delivered pursuant to this section may be delivered by any of the following methods:
(1) By email, facsimile, or other electronic means, if the association has assented to that method of delivery.
(2) By personal delivery, if the association has assented to that method of delivery. If the association accepts a document by personal delivery it shall provide a written receipt acknowledging delivery of the document.
(3) By first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service center.
(Amended by Stats. 2013, Ch. 183, Sec. 8. (SB 745) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4040.

4040. (a) (1) If a provision of this act requires an association to deliver a document by “individual delivery” or “individual notice,” the association shall deliver that document in accordance with the preferred delivery method specified by the member pursuant to Section 4041.
(2) If the member has not provided a valid delivery method pursuant to Section 4041, the association shall deliver the document by first-class mail, registered or certified mail, express mail, or overnight delivery by an express service carrier addressed to the recipient at the address last shown on the books of the association.
(b) Upon receipt of a request by a member identifying a secondary email or mailing address for delivery of notices, pursuant to Section 5260, the association shall deliver an additional copy of both of the following to the secondary address identified in that request:
(1) The documents to be delivered to the member pursuant to Article 7 (commencing with Section 5300) of Chapter 6.
(2) The documents to be delivered to the member pursuant to Article 2 (commencing with Section 5650) of Chapter 8 and Section 5710.
(c) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member to that method of delivery.
(d) This section shall become operative on January 1, 2023.
(Repealed (in Sec. 1) and added by Stats. 2021, Ch. 640, Sec. 2. (SB 392) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4045.

4045. (a) If a provision of this act requires “general delivery” or “general notice,” the document shall be provided by one or more of the following methods:
(1) Any method provided for delivery of an individual notice pursuant to Section 4040.
(2) Inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this section.
(3) Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of general notices by the association in the annual policy statement prepared pursuant to Section 5310.
(4) If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming.
(5) If the association maintains an internet website for the purpose of distributing information on association business to its members, by posting the notice on the association’s internet website in a prominent location that is accessible to all members if designated as a location for posting general notices in the annual policy statement prepared pursuant to Section 5310.
(b) Notwithstanding subdivision (a), if a member requests to receive general notices by individual delivery, all general notices to that member, given under this section, shall be delivered pursuant to Section 4040. The option provided in this subdivision shall be described in the annual policy statement prepared pursuant to Section 5310.
(Amended by Stats. 2021, Ch. 640, Sec. 4. (SB 392) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4050.

4050. (a) This section governs the delivery of a document pursuant to this act.
(b) If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail.
(c) If a document is delivered by electronic means, delivery is complete at the time of transmission.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4055.

4055. If the association or a member receives information by electronic delivery pursuant to Section 4040, and a provision of this act requires that the information be in writing, that requirement is satisfied if the information is provided in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(Amended by Stats. 2021, Ch. 640, Sec. 5. (SB 392) Effective January 1, 2022.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4065.

4065. If a provision of this act requires that an action be approved by a majority of all members, the action shall be approved or ratified by an affirmative vote of a majority of the votes entitled to be cast.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 4070.

4070. If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be approved or ratified by an affirmative vote of a majority of the votes represented and voting in a duly held election in which a quorum is represented, which affirmative votes also constitute a majority of the required quorum.
(Amended by Stats. 2013, Ch. 183, Sec. 9. (SB 745) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4075.

4075. The definitions in this article govern the construction of this act.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4076.

4076. “Annual budget report” means the report described in Section 5300.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4078.

4078. “Annual policy statement” means the statement described in Section 5310.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4080.

4080. “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4085.

4085. “Board” means the board of directors of the association.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4090.

4090. “Board meeting” means either of the following:
(a) A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.
(b) A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session or conducted under Section 4926 or 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.
(Amended by Stats. 2023, Ch. 203, Sec. 2. (AB 648) Effective January 1, 2024.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4095.

4095. (a) “Common area” means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years, or any combination of the foregoing.
(b) Notwithstanding subdivision (a), in a planned development described in subdivision (b) of Section 4175, the common area may consist of mutual or reciprocal easement rights appurtenant to the separate interests.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4100.

4100. “Common interest development” means any of the following:
(a) A community apartment project.
(b) A condominium project.
(c) A planned development.
(d) A stock cooperative.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4105.

4105. “Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4110.

4110. (a) “Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common area or facilities are available to the public.
(b) “Community service organization or similar entity” does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4120.

4120. “Condominium plan” means a plan described in Section 4285.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4125.

4125. (a) A “condominium project” means a real property development consisting of condominiums.
(b) A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof.
(c) The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support.
(d) An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4130.

4130. “Declarant” means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4135.

4135. “Declaration” means the document, however denominated, that contains the information required by Sections 4250 and 4255.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 5 - Common Interest Developments › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 4140.

4140. “Director” means a natural person who serves on the board.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)