DIVISION 1. PERSONS [38. - 86.]
Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12.
§§ 38–86 · 159 sections
PART 1. PERSONS WITH UNSOUND MIND §§ 38–41 · 4 sections
- § 38 A person entirely without understanding has no power to make a contract of any kind, but the person is liable for the reasonable value of things furnished to…
- § 39 (a) A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before the incapacity of the person has been…
- § 40 (a) Subject to Section 1871 of the Probate Code, and subject to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, after…
- § 41 A person of unsound mind, of whatever degree, is civilly liable for a wrong done by the person, but is not liable in exemplary damages unless at the time of…
PART 2. PERSONAL RIGHTS §§ 43–53.7 · 70 sections
- § 43 Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law,…
- § 43.1 A child conceived, but not yet born, is deemed an existing person, so far as necessary for the child’s interests in the event of the child’s subsequent birth.
- § 43.3 Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of…
- § 43.4 A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.
- § 43.5 No cause of action arises for: (a) Alienation of affection. (b) Criminal conversation. (c) Seduction of a person over the age of legal consent. (d) Breach of…
- § 43.54 (a) A person shall not be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse. (b) This…
- § 43.55 (a) There shall be no liability on the part of, and no cause of action shall arise against, any peace officer who makes an arrest pursuant to a warrant of…
- § 43.56 No cause of action arises against a foster parent for alienation of affection of a foster child.
- § 43.6 (a) No cause of action arises against a parent of a child based upon the claim that the child should not have been conceived or, if conceived, should not have…
- § 43.7 (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed mental health…
- § 43.8 (a) In addition to the privilege afforded by Section 47, there shall be no monetary liability on the part of, and no cause of action for damages shall arise…
- § 43.9 (a) There shall be no liability on the part of, and no cause of action shall accrue against, any health care provider for professional negligence on account of…
- § 43.91 (a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any member of a duly appointed committee of a professional…
- § 43.92 (a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is a psychotherapist as defined in Section…
- § 43.93 (a) For the purposes of this section the following definitions are applicable: (1) “Psychotherapy” means the professional treatment, assessment, or counseling…
- § 43.95 (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any professional society or any nonprofit…
- § 43.96 (a) Any medical or podiatric society, health facility licensed or certified under Division 2 (commencing with Section 1200) of the Health and Safety Code,…
- § 43.97 There shall be no monetary liability on the part of, and no cause of action for damages, other than economic or pecuniary damages, shall arise against, a…
- § 43.98 (a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any consultant on account of any communication by that…
- § 43.99 (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person or other legal entity that is under…
- § 43.100 (a) There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor…
- § 43.101 (a) An emergency responder shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if that damage was caused while the…
- § 43.102 There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor…
- § 44 Defamation is effected by either of the following: (a) Libel. (b) Slander.
- § 45 Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to…
- § 45a A libel which is defamatory of the plaintiff without the necessity of explanatory matter, such as an inducement, innuendo or other extrinsic fact, is said to…
- § 46 Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which: 1. Charges any person…
- § 47 A privileged publication or broadcast is one made: (a) In the proper discharge of an official duty. (b) In any (1) legislative proceeding, (2) judicial…
- § 47.1 (a) A communication made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination is privileged under Section…
- § 47.5 Notwithstanding Section 47, a peace officer may bring an action for defamation against an individual who has filed a complaint with that officer’s employing…
- § 48 In the case provided for in subdivision (c) of Section 47, malice is not inferred from the communication.
- § 48a (a) In any action for damages for the publication of a libel in a daily or weekly news publication, or of a slander by radio broadcast, plaintiff shall only…
- § 48.5 (1) The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner,…
- § 48.7 (a) No person charged by indictment, information, or other accusatory pleading of child abuse may bring a civil libel or slander action against the minor, the…
- § 48.8 (a) A communication by any person to a school principal, or a communication by a student attending the school to the student’s teacher or to a school counselor…
- § 48.9 (a) An organization which sponsors or conducts an anonymous witness program, and its employees and agents, shall not be liable in a civil action for damages…
- § 49 The rights of personal relations forbid: (a) The abduction or enticement of a child from a parent, or from a guardian entitled to its custody; (b) The…
- § 50 Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of a spouse, child, parent, or other relative, or member…
- § 51 (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. (b) All persons within the jurisdiction of this state are free and equal, and…
- § 51.1 If a violation of Section 51, 51.5, 51.7, 51.9, or 52.1 is alleged or the application or construction of any of these sections is in issue in any proceeding in…
- § 51.2 (a) Section 51 shall be construed to prohibit a business establishment from discriminating in the sale or rental of housing based upon age. Where…
- § 51.3 (a) The Legislature finds and declares that this section is essential to establish and preserve specially designed accessible housing for senior citizens.…
- § 51.3.5 (a) The Legislature finds and declares that this section is essential to establish and preserve specially designed, accessible, intergenerational housing for…
- § 51.4 (a) The Legislature finds and declares that the requirements for senior housing under Sections 51.2 and 51.3 are more stringent than the requirements for that…
- § 51.5 (a) No business establishment of any kind whatsoever shall discriminate against, boycott or blacklist, or refuse to buy from, contract with, sell to, or trade…
- § 51.6 (a) This section shall be known, and may be cited, as the Gender Tax Repeal Act of 1995. (b) No business establishment of any kind whatsoever may discriminate,…
- § 51.7 (a) This section shall be known, and may be cited, as the Ralph Civil Rights Act of 1976. (b) (1) All persons within the jurisdiction of this state have the…
- § 51.8 (a) No franchisor shall discriminate in the granting of franchises solely on account of any characteristic listed or defined in subdivision (b) or (e) of…
- § 51.9 (a) A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements: (1) There is a…
- § 51.10 (a) Section 51 shall be construed to prohibit a business establishment from discriminating in the sale or rental of housing based upon age. A business…
- § 51.11 (a) The Legislature finds and declares that this section is essential to establish and preserve housing for senior citizens. There are senior citizens who need…
- § 51.12 (a) The Legislature finds and declares that the requirements for senior housing under Sections 51.10 and 51.11 are more stringent than the requirements for…
- § 51.13 Any discount or other benefit offered to or conferred on a consumer or prospective consumer by a business because the consumer or prospective consumer has…
- § 51.14 (a) For the purposes of this section, the following terms apply: (1) “Business” means any business acting within the State of California that sells goods to…
- § 51.17 (a) For purposes of this section, “department” refers to the Civil Rights Department. (b) (1) On or before January 1, 2025, the department shall establish a…
- § 52 (a) Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every…
- § 52.1 (a) This section shall be known, and may be cited, as the Tom Bane Civil Rights Act. (b) If a person or persons, whether or not acting under color of law,…
- § 52.2 An action pursuant to Section 52 or 54.3 may be brought in any court of competent jurisdiction. A “court of competent jurisdiction” shall include small claims…
- § 52.3 (a) No governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall engage in a pattern or…
- § 52.4 (a) Any person who has been subjected to gender violence may bring a civil action for damages against any responsible party. The plaintiff may seek actual…
- § 52.45 (a) Any person who has been subjected to sexual orientation violence may bring a civil action for damages against any responsible party. The plaintiff may seek…
- § 52.5 (a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action for actual damages, compensatory damages, punitive…
- § 52.6 (a) Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that…
- § 52.65 (a) A hotel is in violation of this section, and subject to civil penalties, if either or both of the following conditions are met: (1) Sex trafficking…
- § 52.66 (a) For purposes of this section, both of the following definitions shall apply: (1) “Entertainment facility” means a publicly or privately owned place of…
- § 52.7 (a) Except as provided in subdivision (g), a person shall not require, coerce, or compel any other individual to undergo the subcutaneous implanting of an…
- § 52.8 (a) In a civil action seeking damages or equitable relief against any person or entity that distributes, benefits from, promotes, or induces another person to…
- § 53 (a) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging…
- § 53.5 (a) Notwithstanding any other law, except as specified in this section, an innkeeper, hotelkeeper, motelkeeper, lodginghouse keeper, or owner or operator of an…
- § 53.7 (a) A statute, ordinance, or other state or local rule, regulation, or enactment shall not deny a minority group political structure equal protection of the…
PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS §§ 54–55.32 · 18 sections
- § 54 (a) Individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks,…
- § 54.1 (a) (1) Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to accommodations, advantages,…
- § 54.2 (a) Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the purpose, in any…
- § 54.25 (a) (1) A peace officer or firefighter assigned to a canine unit or the handler of a search and rescue dog assigned to duty away from his or her home…
- § 54.27 (a) An attorney who provides a prelitigation letter to an education entity shall do both of the following: (1) Include the attorney’s State Bar license number…
- § 54.3 (a) Any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in Sections 54…
- § 54.4 A blind or otherwise visually impaired pedestrian shall have all of the rights and privileges conferred by law upon other persons in any of the places,…
- § 54.5 Each year, the Governor shall publicly proclaim October 15 as White Cane Safety Day. He or she shall issue a proclamation in which: (a) Comments shall be made…
- § 54.6 As used in this part, “visually impaired” includes blindness and means having central visual acuity not to exceed 20/200 in the better eye, with corrected…
- § 54.7 (a) Notwithstanding any other provision of law, the provisions of this part shall not be construed to require zoos or wild animal parks to allow guide dogs,…
- § 54.8 (a) In any civil or criminal proceeding, including, but not limited to, traffic, small claims court, family court proceedings and services, and juvenile court…
- § 54.9 (a) On and after January 1, 2009, a manufacturer or distributor of touch-screen devices used for the purpose of self-service check-in at a hotel or at a…
- § 55 Any person who is aggrieved or potentially aggrieved by a violation of Section 54 or 54.1 of this code, Chapter 7 (commencing with Section 4450) of Division 5…
- § 55.1 In addition to any remedies available under the federal Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sec. 12102), or other provisions…
- § 55.2 If a violation of Section 54, 54.1, 54.2, or 54.3 is alleged or the application or construction of any of these sections is in issue in any proceeding in the…
- § 55.3 (a) For purposes of this section, the following apply: (1) “Complaint” means a civil complaint that is filed or is to be filed with a court and is sent to or…
- § 55.31 (a) Commencing January 1, 2013, a demand letter alleging a construction-related accessibility claim, as defined in subdivision (a) of Section 55.3, shall state…
- § 55.32 (a) An attorney who provides a demand letter, as defined in subdivision (a) of Section 55.3, shall do all of the following: (1) Include the attorney’s State…
PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE §§ 55.51–55.545 · 5 sections
- § 55.51 This part shall be known, and may be cited, as the Construction-Related Accessibility Standards Compliance Act. Notwithstanding any other provision of law, the…
- § 55.52 (a) For purposes of this part, the following definitions apply: (1) “Construction-related accessibility claim” means any civil claim in a civil action with…
- § 55.53 (a) For purposes of this part, a certified access specialist shall, upon completion of the inspection of a site, comply with the following: (1) For a meets…
- § 55.54 (a) (1) An attorney who causes a summons and complaint to be served in an action that includes a construction-related accessibility claim, including, but not…
- § 55.545 (a) A defendant who does not qualify for an early evaluation conference pursuant Section 55.54, or who forgoes the provisions of Section 55.54, may request a…
PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS §§ 55.55–55.57 · 3 sections
- § 55.55 Notwithstanding subdivision (f) of Section 55.54, in determining an award of reasonable attorney’s fees and recoverable costs with respect to any…
- § 55.56 (a) Statutory damages under either subdivision (a) of Section 52 or subdivision (a) of Section 54.3 may be recovered in a construction-related accessibility…
- § 55.57 (a) This part shall apply only to claims filed on or after January 1, 2009. Nothing in this part is intended to affect litigation filed before that date, and…
PART 2.55. Small Business Gender Discrimination In Services Compliance Act §§ 55.61–55.63 · 3 sections
- § 55.61 This part shall be known, and may be cited, as the Small Business Gender Discrimination in Services Compliance Act.
- § 55.62 (a) For purposes of this part, the following definitions apply: (1) “Gender discrimination in pricing services claim” means any civil claim in a civil action…
- § 55.63 (a) (1) On or before January 1, 2019, the Department of Consumer Affairs shall develop a pamphlet or other informational materials for use by the following…
PART 2.57. Gender Neutral Retail Departments §§ 55.7–55.8 · 2 sections
- § 55.7 The Legislature finds and declares both of the following: (a) Unjustified differences in similar products that are traditionally marketed either for girls or…
- § 55.8 (a) A retail department store that offers childcare items or toys for sale shall maintain a gender neutral section or area, to be labeled at the discretion of…
PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION §§ 56–56.37 · 46 sections
CHAPTER 1. Definitions §§ 56–56.07 · 4 sections
- § 56 This part may be cited as the Confidentiality of Medical Information Act.
- § 56.05 For purposes of this part: (a) “Authorization” means permission granted in accordance with Section 56.11 or 56.21 for the disclosure of medical information.…
- § 56.06 (a) Any business organized for the purpose of maintaining medical information in order to make the information available to an individual or to a provider of…
- § 56.07 (a) Except as provided in subdivision (c), upon the patient’s written request, any corporation described in Section 56.06, or any other entity that compiles or…
CHAPTER 2. Disclosure of Medical Information by Providers §§ 56.10–56.16 · 18 sections
- § 56.10 (a) A provider of health care, health care service plan, or contractor shall not disclose medical information regarding a patient of the provider of health…
- § 56.1007 (a) A provider of health care, health care service plan, or contractor may, in accordance with subdivision (c) or (d), disclose to a family member, other…
- § 56.101 (a) Every provider of health care, health care service plan, pharmaceutical company, or contractor who creates, maintains, preserves, stores, abandons,…
- § 56.102 (a) A pharmaceutical company may not require a patient, as a condition of receiving pharmaceuticals, medications, or prescription drugs, to sign an…
- § 56.103 (a) A provider of health care may disclose medical information to a county social worker, a probation officer, a foster care public health nurse acting…
- § 56.104 (a) Notwithstanding subdivision (c) of Section 56.10, except as provided in subdivision (e), no provider of health care, health care service plan, or…
- § 56.105 Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physician’s…
- § 56.106 (a) Notwithstanding Section 3025 of the Family Code, paragraph (2) of subdivision (c) of Section 56.11, or any other provision of law, a psychotherapist who…
- § 56.107 Notwithstanding any other law, and to the extent permitted by federal law, a health care service plan shall take the following steps to protect the…
- § 56.108 (a) Notwithstanding subdivisions (b) and (c) of Section 56.10 or subdivision (c) of Section 56.20, a provider of health care, health care service plan,…
- § 56.109 (a) Notwithstanding subdivision (b) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information…
- § 56.110 (a) Notwithstanding subdivision (c) of Section 56.10, a provider of health care, health care service plan, pharmaceutical company, contractor, or employer…
- § 56.11 (a) Any person or entity that wishes to obtain medical information pursuant to subdivision (a) of Section 56.10, other than a person or entity authorized to…
- § 56.12 Upon demand by the patient or the person who signed an authorization, a provider of health care, health care service plan, pharmaceutical company, or…
- § 56.13 A recipient of medical information pursuant to an authorization as provided by this chapter or pursuant to the provisions of subdivision (c) of Section 56.10…
- § 56.14 A provider of health care, health care service plan, or contractor that discloses medical information pursuant to the authorizations required by this chapter…
- § 56.15 Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.11 from cancelling or…
- § 56.16 For disclosures not addressed by Section 56.1007, unless there is a specific written request by the patient to the contrary, nothing in this part shall be…
CHAPTER 2.5. Disclosure of Genetic Test Results by a Health Care Service Plan § 56.17 · 1 section
- § 56.17 (a) This section shall apply to the disclosure of genetic test results by a health care service plan that are contained in an applicant’s or enrollee’s medical…
CHAPTER 2.6. Genetic Privacy §§ 56.18–56.186 · 5 sections
- § 56.18 (a) This chapter shall be known, and may be cited, as the Genetic Information Privacy Act. (b) For purposes of this chapter, the following definitions apply:…
- § 56.181 (a) To safeguard the privacy, confidentiality, security, and integrity of a consumer’s genetic data, a direct-to-consumer genetic testing company shall do both…
- § 56.182 (a) Any person who negligently violates this chapter shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court…
- § 56.184 (a) The provisions of this chapter shall not reduce a direct-to-consumer genetic testing company’s duties, obligations, requirements, or standards under any…
- § 56.186 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
CHAPTER 3. Use and Disclosure of Medical Information by Employers §§ 56.20–56.245 · 6 sections
- § 56.20 (a) Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from unauthorized use…
- § 56.21 An authorization for an employer to disclose medical information shall be valid if the authorization complies with all of the following: (a) Is handwritten or…
- § 56.22 Upon demand by the patient or the person who signed an authorization, an employer possessing the authorization shall furnish a true copy thereof.
- § 56.23 An employer that discloses medical information pursuant to an authorization required by this chapter shall communicate to the person or entity to which it…
- § 56.24 Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.21 from cancelling or…
- § 56.245 A recipient of medical information pursuant to an authorization as provided by this chapter may not further disclose such medical information unless in…
CHAPTER 4. Relationship of Chapters 2 and 3 § 56.25 · 1 section
- § 56.25 (a) An employer that is a provider of health care shall not be deemed to have violated Section 56.20 by disclosing, in accordance with Chapter 2 (commencing…
CHAPTER 4.1. Notifications § 56.251 · 1 section
- § 56.251 When partnering with a provider of health care to provide a mental health digital service, any business that offers a mental health digital service shall…
CHAPTER 5. Use and Disclosure of Medical and Other Information by Third Party Administrators and Others §§ 56.26–56.265 · 2 sections
- § 56.26 (a) No person or entity engaged in the business of furnishing administrative services to programs that provide payment for health care services shall knowingly…
- § 56.265 A person or entity that underwrites or sells annuity contracts or contracts insuring, guaranteeing, or indemnifying against loss, harm, damage, illness,…
CHAPTER 6. Relationship to Existing Law §§ 56.27–56.31 · 5 sections
- § 56.27 An employer that is an insurance institution, insurance agent, or insurance support organization subject to the Insurance Information and Privacy Protection…
- § 56.28 Nothing in this part shall be deemed to affect existing laws relating to a patient’s right of access to his or her own medical information, or relating to…
- § 56.29 (a) Nothing in Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 shall be construed to permit the acquisition or disclosure of…
- § 56.30 The disclosure and use of the following medical information shall not be subject to the limitations of this part: (a) (Mental health and developmental…
- § 56.31 Notwithstanding any other provision of law, nothing in subdivision (f) of Section 56.30 shall permit the disclosure or use of medical information regarding…
CHAPTER 7. Violations §§ 56.35–56.37 · 3 sections
- § 56.35 In addition to any other remedies available at law, a patient whose medical information has been used or disclosed in violation of Section 56.10, 56.104,…
- § 56.36 (a) A violation of the provisions of this part that results in economic loss or personal injury to a patient is punishable as a misdemeanor. (b) In addition to…
- § 56.37 (a) No provider of health care, health care service plan, or contractor may require a patient, as a condition of receiving health care services, to sign an…
PART 2.7. Medical Claims Data Error Correction § 57 · 1 section
- § 57 (a) A qualified entity, as defined in Section 1395kk(e)(2) of Title 42 of the United States Code, that receives claims data from a health care service plan or…
PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW §§ 80–86 · 7 sections
- § 80 This part may be cited as the California Fair Dealership Law.
- § 81 As used in this part: (a) “Person” means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. (b)…
- § 82 This part shall be liberally construed and applied to promote its underlying purposes and policies, which are as follows: (a) The prohibition of discrimination…
- § 83 On or after January 1, 1981, no grantor, directly or indirectly, shall refuse to grant a dealership to any person because of any characteristic listed or…
- § 84 On or after January 1, 1981, no grantor, directly or indirectly, may terminate, cancel, or refuse to renew a dealership agreement with a dealer because of any…
- § 85 On or after January 1, 1981, no grantor or dealer, directly or indirectly, shall refuse to make or to consent to an assignment, sale, transfer, or bequest of a…
- § 86 The prevailing party in any action based on a violation of the provisions of this part shall be entitled to recover reasonable attorney’s fees and taxable…