PART 2. PERSONAL RIGHTS [43. - 53.7.]

Part 2 enacted 1872.

§§ 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…