California law: the code sections that decide everyday disputes

Text source: Vaquill Open US Law, compiled from official state publishers, license CC BY 4.0. 67 sections.

Renting a home

Habitability, repair and deduct, entry and notice, security deposits, the rent cap, just cause and retaliation.

CIV § 1927 California Civil Code § 1927 - Quiet possession: what a landlord guarantees by letting Civil Code § 1927 binds a California landlord to secure the tenant's quiet possession of the property for the term against all persons lawfully claiming it. CIV § 1929 Repair damage from own lack of ordinary care (CIV § 1929) California Civil Code § 1929 requires the hirer to repair all deteriorations or injuries from their own want of ordinary care. CIV § 1940.2 Up to $2,000 penalty for landlord harassment – CIV §1940.2 CIV § 1940.2: Landlords cannot use theft, extortion, threats, immigration threats, or illegal entry to force vacating. Penalty up to $2,000 per violation. CIV § 1941 Landlords Must Keep Dwellings Fit to Live In: CIV § 1941 CIV § 1941 requires lessors of buildings for human occupation to make them fit for occupation and repair subsequent dilapidations that make them untenantable. CIV § 1941.1 Untenantable Rental Standards: CIV § 1941.1 CIV § 1941.1 deems a rental untenantable lacking weatherproofing, plumbing, hot water, heat, or wiring. Recalled stoves must be repaired in 30 days. CIV § 1941.2 Substantial Tenant Breach Cancels Repairs: CIV § 1941.2 Under CIV § 1941.2, a landlord has no duty to repair a dilapidation if the tenant is in substantial violation of affirmative duties that contributed to it. CIV § 1942 Deduct Up to One Month's Rent or Vacate: CIV § 1942 CIV § 1942 lets tenants deduct up to one month's rent to repair or vacate. Action after the 30th day is presumed reasonable; allowed twice in a 12-month period. CIV § 1942.4 No Rent After 35 Days Unrepaired: CIV § 1942.4 Under CIV § 1942.4, landlords cannot demand rent if cited substandard conditions go unrepaired for 35 days. Special damages range from $100 to $5,000. CIV § 1942.5 180-Day Retaliatory Eviction Ban | CIV § 1942.5 CIV § 1942.5 prohibits landlords from evicting, raising rent, or decreasing services for 180 days after tenant complaints, setting $100 to $2,000 in penalties. CIV § 1946.1 30 or 60 Days Notice (Month-to-Month) | CIV § 1946.1 CIV § 1946.1 requires owners to give 60 days written notice to end residential or qualified commercial tenancies, or 30 days if less than one year. CIV § 1946.2 Just Cause Required After 12 Months: CIV § 1946.2 Under Civil Code § 1946.2, owners cannot terminate a tenancy after 12 months without just cause, classified as at-fault or no-fault (like owner move-in). CIV § 1947.12 California Civil Code § 1947.12 - The cap on rent increases (AB 1482) Civil Code § 1947.12 limits annual rent increases on covered California housing to 5% plus inflation, capped at 10%, and lists the properties it does not cover. CIV § 1950.5 Security deposit capped at one month's rent - CIV § 1950.5 California Civil Code § 1950.5 caps security deposits at one month's rent (two months for small landlords) and prohibits ordinary wear and tear charges CIV § 1953 Certain tenant waivers in leases are void: CIV § 1953 CIV § 1953 voids residential lease clauses waiving rights to deposits, entry, notices, hearings, litigation, or landlord duty of care to prevent injuries. CIV § 1954 California Civil Code § 1954 - When a landlord may enter, and how much notice is required Civil Code § 1954 lists the only reasons a California landlord may enter a rented dwelling, requires written notice, and presumes 24 hours is reasonable.

Contracts and agreements

What has to be in writing, fraud and rescission, unconscionable terms, cancellation fees, and attorney's fees clauses.

CIV § 1542 General release does not cover unknown claims (CIV § 1542) California Civil Code § 1542: a general release does not extend to unknown claims that would have materially affected the settlement at the time of execution. CIV § 1572 Actual fraud: 5 types under California CIV § 1572 CIV § 1572 defines actual fraud as five acts: false suggestion, unwarranted assertion, suppression of truth, promise without intent, or deception. CIV § 1622 Oral contracts unless statute requires writing - CIV §1622 Oral contracts are valid in California unless a statute requires them to be in writing. CIV § 1622 states the general rule. CIV § 1624 1-year rule: contracts must be in writing - CIV §1624 Covers contracts not performable within 1 year, leases over 1 year, real estate sales, loans over $100,000, and more. Must be in writing and signed. CIV § 1625 Written contract supersedes verbal promises - CIV § 1625 CIV § 1625: A written contract supersedes all prior negotiations or verbal stipulations, including promises made before signing. CIV § 1668 Contracts exempting liability for fraud: CIV § 1668 Civil Code § 1668 makes contracts exempting responsibility for fraud, willful injury to the person or property of another, or violation of law against policy. CIV § 1670.5 Courts May Refuse Unconscionable Contracts - CIV § 1670.5 Courts may refuse to enforce unconscionable contracts or limit unconscionable clauses, and parties shall be afforded opportunity to present evidence. CIV § 1671 Liquidated damages valid unless unreasonable - CIV § 1671 CIV § 1671: Liquidated damages valid unless unreasonable, but void for consumer purchases and residential leases unless impracticable to fix damages. CIV § 1689 Grounds to rescind: mistake, duress, fraud (CIV § 1689) CIV § 1689 allows rescission if consent was obtained by mistake, duress, menace, fraud, or undue influence, or if consideration fails in whole or part. CIV § 1689.6 California Civil Code § 1689.6 - The three-day right to cancel a door-to-door contract Civil Code § 1689.6 gives a California buyer until midnight of the third business day — the fifth for a senior citizen — to cancel a home solicitation contract. CIV § 1691 Promptly give notice & restore value (CIV § 1691) CIV § 1691: To rescind, promptly give notice and restore everything of value or offer to restore, unless other party cannot or refuses. CIV § 1698 Oral Modification of Written Contracts: CIV § 1698 Under California CIV § 1698, a written contract may be modified in writing, by an executed oral agreement, or by an oral agreement with new consideration. CIV § 1717 One-sided attorney fee clauses are reciprocal, CIV § 1717 Makes one-sided attorney fee clauses reciprocal; the prevailing party gets reasonable fees. Court determines prevailing party based on greater relief. CIV § 1719 $25 / $35 service charge for returned checks - CIV § 1719 Returned check service charge: $25 first, $35 subsequent. After 30-day demand, treble damages of $100-$1,500. (CIV § 1719)

Injury, deceit and reputation

Negligence, willful deceit, libel and slander, the privileges, use of a name or likeness, and how damages are measured.

CIV § 45 Libel defined: false unprivileged publication (CIV § 45) CIV § 45: Libel defined as false unprivileged publication by writing, picture, etc. that exposes a person to hatred, contempt, ridicule, or occupational injury. CIV § 46 Slander Definition: 5 Categories | CIV § 46 CIV § 46 defines slander as a false, unprivileged oral publication charging crime, loathsome disease, business injury, impotence, or causing actual damage. CIV § 47 Litigation & common interest privilege CIV § 47 CIV § 47 lists privileges: judicial/official proceedings, common interest (including employer references & sexual harassment complaints), and fair reports. CIV § 1708 No contract needed: CIV § 1708 duty to not injure California Civil Code § 1708: Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing their rights. CIV § 1708.85 California Civil Code § 1708.85 - Distributing intimate images without consent Civil Code § 1708.85 gives a California private right of action against a person who intentionally distributes intimate images without consent, with injunctive relief. CIV § 1709 Liable for damage from willful deceit: CIV § 1709 California Civil Code § 1709 makes anyone who willfully deceives another to alter their position to their injury or risk liable for any damage suffered. CIV § 1710 4 kinds of deceit under CIV § 1710 CIV § 1710 defines deceit: false suggestion, false assertion without reasonable grounds, suppression when bound to disclose, promise without intent to perform. CIV § 1714 Everyone responsible for negligence: CIV § 1714 California's general negligence rule: everyone is responsible for injury caused by want of ordinary care, reduced by the injured party's own fault. CIV § 1714.1 Parents Liable for Minor's Misconduct: CIV § 1714.1 CIV § 1714.1 limits parental liability for a minor's willful misconduct to $25,000 per tort, limited to medical, dental, and hospital expenses for injury. CIV § 3301 Lost profits must be clearly ascertainable - CIV § 3301 CIV § 3301 bars recovery of contract damages that are not clearly ascertainable in nature and origin. Lost profits that are speculative are not recoverable. CIV § 3333 Full Compensation for All Detriment Caused | CIV § 3333 Under California Civil Code § 3333, non-contract damages cover the amount compensating for all detriment proximately caused, whether anticipated or not. CIV § 3343 CIV § 3343: Out-of-pocket difference + additional damages Defrauded in a property sale? CIV § 3343 gives out-of-pocket difference plus additional damages: reliance, loss of use, lost profits (if conditions). CIV § 3344 $750 minimum damages for commercial use: CIV § 3344 Under CA Civil Code 3344, unauthorized commercial use of a name, voice, photo, or likeness yields damages of at least $750, profits, and attorney's fees.

Neighbours, animals and nuisance

Noise and obstruction, dog bites, livestock, cutting down a neighbour's trees, and who inherits a continuing nuisance.

CIV § 3340 California Civil Code § 3340 - Exemplary damages for wrongful injury to an animal Civil Code § 3340 allows exemplary damages in California for wrongful injuries to animals committed willfully or by gross negligence, in disregard of humanity. CIV § 3341 Kill dog or animal attacking livestock: CIV § 3341 Owners are liable for damages if a dog or other animal kills or harms livestock or poultry. Anyone may kill a dog or animal found attacking them. CIV § 3342 Dog Owners Liable Regardless of Past Bites: CIV § 3342 Under Cal. Civil Code § 3342, a dog owner is liable if their dog bites someone in public or lawfully on private property, regardless of prior viciousness. CIV § 3342.5 Dog Removal After Two Bites | CIV § 3342.5 CIV § 3342.5 requires dog owners to take steps to remove danger after a bite. After two bites, any person may sue for the dog's removal or destruction. CIV § 3346 Treble Damages for Cut Down Trees: CIV § 3346 CIV § 3346 sets tree damage remedies at three times actual detriment, or twice for casual trespass. Trespass actions must begin within five years. CIV § 3479 Nuisance defined: harm to health or property | CIV § 3479 Under California CIV § 3479, a nuisance is anything injurious to health, offensive to senses, or obstructing property use, public parks, streets, or waters. CIV § 3482 California Civil Code § 3482 - The defence that a statute authorised it Civil Code § 3482 provides that nothing done or maintained under the express authority of a statute can be deemed a nuisance in California. CIV § 3483 New owner neglecting to abate nuisance liable – CIV § 3483 Under CIV § 3483, a new property owner who neglects to abate a continuing nuisance created by a former owner is liable as if they created it.

Family and property

Community and separate property, the fiduciary duty between spouses, equal division, custody factors and visitation.

FAM § 297.5 Same rights as spouses – FAM § 297.5 FAM § 297.5: California registered domestic partners have the same rights, protections, benefits, and responsibilities as spouses under state law. FAM § 760 Property acquired during marriage is community (FAM § 760) FAM § 760: All property acquired by a married person during marriage while domiciled in California is community property, unless a statute says otherwise. FAM § 770 Inheritance is separate property under FAM § 770 Under FAM § 770, separate property includes property owned before marriage, gifts, inheritances, and profits. A spouse may convey it without consent. FAM § 771 California Family Code § 771 - Earnings after separation are separate property Family Code § 771 makes a California spouse's earnings and accumulations after the date of separation their separate property, along with those of minor children in their custody. FAM § 1101 3 years to sue for breach of fiduciary duty – FAM § 1101 FAM § 1101 allows a spouse to sue for breach of fiduciary duty within 3 years of actual knowledge. Remedies include 50% or 100% of undisclosed assets plus fees. FAM § 1102 Both spouses must sign to sell or mortgage: FAM § 1102 Under FAM § 1102, both spouses must join to sell, encumber, or lease community real property for over one year. An action to avoid has a one-year limit. FAM § 2550 Equal division of community estate – FAM § 2550 Family Code § 2550 requires equal division of community estate in dissolution or separation, except by written agreement or oral stipulation in court. FAM § 3011 California Family Code § 3011 - The factors a court weighs in a custody decision Family Code § 3011 lists the factors a California court must consider in determining the best interests of a child, including health, safety, abuse and substance abuse. FAM § 3040 Parents First for Child Custody | FAM § 3040 FAM § 3040 gives custody preference to parents first, establishes no presumption for sole or joint custody, and prohibits considering gender or immigration. FAM § 3044 5-year domestic violence custody presumption: FAM § 3044 FAM § 3044 creates a rebuttable presumption that custody to a domestic violence perpetrator within 5 years is detrimental to the child. FAM § 3087 Modify/terminate joint custody if best interest. FAM §3087 FAM § 3087: Joint custody may be modified/terminated on petition or court's own motion if best interest. If opposed, court must state reasons. FAM § 3100 Visitation Rights & Restraining Orders: FAM § 3100 Courts grant reasonable visitation if in the child's best interest. If a protective order exists, visitation may be supervised, limited, or virtual.

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The pages in this section reproduce legislation in force at the date shown and explain it in general terms. They are not legal advice and take no account of the circumstances of any individual case. For a live dispute, consult a qualified lawyer.