0 chapters · 1,744 sections in this title.
Civ. Code § 3344 Section 3344
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(a) (1) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that…
Civ. Code § 3344.1 Section 3344.1
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(a) (1) (A) Subject to subparagraph (B), a person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandi…
Civ. Code § 3344.5 Section 3344.5
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(a) Any person whose signature is used in violation of, and any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement that violates, subdivision (b) of Section 115.1 of the Penal Code, shall have a civil cause of action agains…
Civ. Code § 3344.6 Section 3344.6
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(a) Any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement which violates subdivision (a) of Section 115.2 of the Penal Code shall have a civil cause of action against any person committing the violation. (b) If a mass mail…
Civ. Code § 3345 Section 3345
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(a) This section shall apply only in actions brought by, on behalf of, or for the benefit of those individuals specified in paragraphs (1) to (3), inclusive, to redress unfair or deceptive acts or practices or unfair methods of competition. (1) Senior citizens, as defined in subd…
Civ. Code § 3345.1 Section 3345.1
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(a) This section shall apply only in a civil action brought by, or on behalf of, or for the benefit of, a person who is a minor or nonminor dependent and is a victim of commercial sexual exploitation committed by a person who is over 18 years of age or facilitated, aided, or abet…
Civ. Code § 3346 Section 3346
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(a) For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was casual or involuntary, or that the defendant in a…
Civ. Code § 3353 Section 3353
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In estimating damages, the value of property to a seller thereof is deemed to be the price which he could have obtained therefor in the market nearest to the place at which it should have been accepted by the buyer, and at such time after the breach of the contract as would have …
Civ. Code § 3354 Section 3354
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In estimating damages, except as provided by Sections 3355 and 3356, the value of property, to a buyer or owner thereof, deprived of its possession, is deemed to be the price at which he might have bought an equivalent thing in the market nearest to the place where the property o…
Civ. Code § 3355 Section 3355
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Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer.…
Civ. Code § 3357 Section 3357
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The damages prescribed by this Chapter are exclusive of exemplary damages and interest, except where those are expressly mentioned. (Enacted 1872.)
Civ. Code § 3358 Section 3358
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Except as expressly provided by statute, no person can recover a greater amount in damages for the breach of an obligation, than he could have gained by the full performance thereof on both sides.
Civ. Code § 3359 Section 3359
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Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. (Enacted 1872.)
Civ. Code § 3360 Section 3360
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When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages. (Enacted 1872.)
Civ. Code § 3361 Section 3361
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Estimations, measures, or calculations of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death shall not be reduced based on race, ethnicity, or gender.
Civ. Code § 3375 Section 3375
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A person entitled to specific real property, by reason either of a perfected title, or of a claim to title which ought to be perfected, may recover the same in the manner prescribed by the Code of Civil Procedure, either by a judgment for its possession, to be executed by the She…
Civ. Code § 3379 Section 3379
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A person entitled to the immediate possession of specific personal property may recover the same in the manner provided by the Code of Civil Procedure. (Enacted 1872.) Section Thirty-three Hundred and Eighty. Any person having the possession or control of a particular article of …
Civ. Code § 3386 Section 3386
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Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if: (a) Specific performance would otherwise be an appropriate remedy; and (b) The agreed counterperformance has been substantially per…
Civ. Code § 3387 Section 3387
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It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation. In the case of a single-family dwelling which the party seeking performance intends to occupy, this presumption is conclusive. In all other case…
Civ. Code § 3388 Section 3388
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A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance. (Enacted 1872.)
Civ. Code § 3389 Section 3389
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A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same. (Enacted 1872.)
Civ. Code § 3390 Section 3390
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The following obligations cannot be specifically enforced: (a) An obligation to render personal service. (b) An obligation to employ another in personal service. (c) An agreement to perform an act which the party has not power lawfully to perform when required to do so. (d) An ag…
Civ. Code § 3391 Section 3391
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Specific performance cannot be enforced against a party to a contract in any of the following cases:
Civ. Code § 3392 Section 3392
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Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial, and either entirely immaterial, or capable of bei…
Civ. Code § 3394 Section 3394
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An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt. (Enacted 1872.)
Civ. Code § 3395 Section 3395
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Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or incumbrancer in go…
Civ. Code § 3399 Section 3399
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When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express th…
Civ. Code § 3400 Section 3400
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For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement. (Enacted 1872.)
Civ. Code § 3401 Section 3401
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In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be. (Enacted 1872.)
Civ. Code § 3402 Section 3402
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A contract may be first revised and then specifically enforced. (Enacted 1872.)
Civ. Code § 3412 Section 3412
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A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled. (Enacted 1872.…
Civ. Code § 3413 Section 3413
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An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury, within the provisions of the last section. (Enacted 1872.)
Civ. Code § 3414 Section 3414
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Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue. (Enacted 1872.)
Civ. Code § 3415 Section 3415
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(a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to prove or establish the document or instrument or to compel the issuance, execution, and acknowledgment of a duplicate of the document or…
Civ. Code § 4 Section 4
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If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other …
Civ. Code § 5 Section 5
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To deliver the thing sold, upon payment of the price;
Civ. Code § 6 Section 6
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To collect the price; and,
Civ. Code § 678 Section 678
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The ownership of property is either:
Civ. Code § 679 Section 679
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The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. (Enacted 1872.)
Civ. Code § 680 Section 680
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The ownership of property is qualified:
Civ. Code § 681 Section 681
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The ownership of property by a single person is designated as a sole or several ownership. (Enacted 1872.)
Civ. Code § 682 Section 682
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The ownership of property by several persons is either: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses.
Civ. Code § 682.1 Section 682.1
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(a) (1) Community property of spouses, when expressly declared in the transfer document to be community property with right of survivorship, and which may be accepted in writing on the face of the document by a statement signed or initialed by the grantees, shall, upon the death …
Civ. Code § 683 Section 683
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(a) A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself or herself and others, or from tenants in …
Civ. Code § 683.1 Section 683.1
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No contract or other arrangement made after the effective date of this section between any person, firm, or corporation engaged in the business of renting safe-deposit boxes and the renter or renters of a safe-deposit box, shall create a joint tenancy in or otherwise establish ow…
Civ. Code § 683.2 Section 683.2
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(a) Subject to the limitations and requirements of this section, in addition to any other means by which a joint tenancy may be severed, a joint tenant may sever a joint tenancy in real property as to the joint tenant’s interest without the joinder or consent of the other joint t…
Civ. Code § 684 Section 684
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A partnership interest is one owned by several persons, in partnership, for partnership purposes. (Enacted 1872.)
Civ. Code § 685 Section 685
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An interest in common is one owned by several persons, not in joint ownership or partnership. (Enacted 1872.)
Civ. Code § 686 Section 686
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Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in Section 683, or unless acquired as community…
Civ. Code § 687 Section 687
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Community property is property that is community property under Part 2 (commencing with Section 760) of Division 4 of the Family Code.