TITLE 3. DEPOSIT [1813. - 1881.2.]
Title 3 enacted 1872.
§§ 1813–1881.2 · 90 sections
CHAPTER 1. Deposit in General §§ 1813–1828 · 13 sections
ARTICLE 1. Nature and Creation of Deposit §§ 1813–1818 · 6 sections
- § 1813 A deposit may be voluntary or involuntary; and for safe keeping or for exchange.
- § 1814 A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a…
- § 1815 An involuntary deposit is made: (a) By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part…
- § 1816 (a) The person or private entity with whom a thing is deposited in the manner described in Section 1815 is bound to take charge of it, if able to do so. (b)…
- § 1817 A deposit for keeping is one in which the depositary is bound to return the identical thing deposited.
- § 1818 A deposit for exchange is one in which the depositary is only bound to return a thing corresponding in kind to that which is deposited.
ARTICLE 2. Obligations of the Depositary §§ 1822–1828 · 7 sections
- § 1822 A depositary must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not,…
- § 1823 A depositary is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time.
- § 1824 A depositary must deliver the thing deposited at his residence or place of business, as may be most convenient for him.
- § 1825 A depositary must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing…
- § 1826 A depositary, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if within a…
- § 1827 If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depositary may deliver to each his proper…
- § 1828 When a deposit is made in the name of two or more persons, deliverable or payable to either or to their survivor or survivors, such deposit or any part…
CHAPTER 2. Deposit for Keeping §§ 1833–1867 · 63 sections
ARTICLE 1. General Provisions [1833. - [1840.]] §§ 1833–[1840.] · 15 sections
- § 1833 A depositor must indemnify the depositary: 1. For all damage caused to him by the defects or vices of the thing deposited; and, 2. For all expenses necessarily…
- § 1834 A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any…
- § 1834.4 (a) It is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable animals include only those…
- § 1834.5 (a) Notwithstanding any other provision of law, whenever an animal is delivered to a veterinarian, dog kennel, cat kennel, pet-grooming parlor, animal…
- § 1834.7 (a) For purposes of this section: (1) “Animal dealer” means a person who, in commerce, for compensation or profit, delivers for transportation, or transports,…
- § 1834.8 (a) At any public auction or sale where equines are sold, the management of the auction or sale shall post a sign (measuring a minimum of 15x9 inches with…
- § 1834.9 (a) Manufacturers and contract testing facilities shall not use traditional animal test methods within this state for which an appropriate alternative test…
- § 1834.9.3 (a) For purposes of this section, the following definitions apply: (1) “Alternative test method” means a test method that does not use animals, or in some…
- § 1834.9.5 (a) Notwithstanding any other law, it is unlawful for a manufacturer to import for profit, sell, or offer for sale in this state, any cosmetic, if the cosmetic…
- § 1835 A depositary may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely…
- § 1836 A depositary is liable for any damage happening to the thing deposited, during his wrongful use thereof, unless such damage must inevitably have happened…
- § 1837 If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price…
- § 1838 If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury…
- § 1839 So far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by the Title on Employment and Service.
- § [1840.] Section Eighteen Hundred and Forty. The liability of a depositary for negligence cannot exceed the amount which he is informed by the depositor, or has reason…
ARTICLE 2. Gratuitous Deposit §§ 1844–1847 · 4 sections
- § 1844 Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited.
- § 1845 An involuntary deposit is gratuitous, the depositary being entitled to no reward. However, an involuntary depositary of any live animal may accept advertised…
- § 1846 (a) A gratuitous depositary must use, at least, slight care for the preservation of the thing deposited. (b) A gratuitous depositary of a living animal shall…
- § 1847 The duties of a gratuitous depositary cease: (a) Upon restoration by the depositary of the thing deposited to its owner. (b) Upon reasonable notice given by…
ARTICLE 3. Storage §§ 1851–1857 · 7 sections
- § 1851 A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire.
- § 1852 A depositary for hire must use at least ordinary care for the preservation of the thing deposited.
- § 1853 In the absence of a different agreement or usage, a depositary for hire is entitled to one week’s hire for the sustenance and shelter of living animals during…
- § 1854 In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the…
- § 1855 Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that…
- § 1856 A depositary for hire has a lien for storage charges and for advances and insurance incurred at the request of the bailor, and for money necessarily expended…
- § 1857 If from any cause other than want of ordinary care and diligence on his part, a depositary for hire is unable to deliver perishable property, baggage, or…
ARTICLE 3.5. Deposits for Repair, Alteration or Sale §§ 1858–1858.3 · 4 sections
- § 1858 As used in this article: (a) “Customer” means a natural person who deals with a depositary. (b) “Depositary” means a person who in the ordinary course of…
- § 1858.1 Every depositary shall, upon accepting property from a customer, present the customer with written receipt which shall include a statement, if such is the…
- § 1858.2 Every depositary who fails to furnish the receipt, or a statement thereon as required by Section 1858.1, or who makes any misrepresentation in such receipt,…
- § 1858.3 If the depositary by insurance or by self-insurance does protect property deposited by customers for loss or damage occasioned by theft, fire or vandalism…
ARTICLE 4. Innkeepers §§ 1859–1867 · 33 sections
- § 1859 The liability of an innkeeper, hotelkeeper, operator of a licensed hospital, rest home or sanitarium, furnished apartment house keeper, furnished bungalow…
- § 1860 If an innkeeper, hotelkeeper, operator of a licensed hospital, rest home or sanitarium, boardinghouse or lodginghouse keeper, keeps a fireproof safe and gives…
- § 1861 Hotel, motel, inn, boardinghouse, and lodginghouse keepers shall have a lien upon the baggage and other property belonging to or legally under the control of…
- § 1861.1 Definitions for purposes of Sections 1861 through 1861.27 include the following: (a) “Hotel”, “motel”, “inn”, “boardinghouse”, and “lodginghouse keeper” means…
- § 1861.5 (a) Upon the filing of a complaint, or at any time thereafter, the plaintiff may apply, pursuant to this article, for a writ of possession by filing an…
- § 1861.6 (a) Except as otherwise provided in this section, no writ shall be issued under this article except after a hearing on a noticed motion. (b) A writ of…
- § 1861.7 Prior to the hearing required by subdivision (a) of Section 1861.6, the defendant shall be served with all of the following: (a) A copy of the summons and…
- § 1861.8 The “Notice of Application and Hearing” shall inform the defendant of all of the following: (a) The hearing will be held at a place and at a time, to be…
- § 1861.9 Each party shall file with the court and serve upon the other party within the time prescribed by rule, any affidavits and points and authorities intended to…
- § 1861.10 (a) At the hearing a writ of possession shall issue if all of the following are found: (1) The plaintiff has established the probable validity of his claim to…
- § 1861.12 The writ of possession shall meet all of the following requirements: (a) Be directed to the levying officer within whose jurisdiction the property is located.…
- § 1861.13 Neither the failure of the defendant to oppose the issuance of a writ of possession under this article, nor his failure to rebut any evidence produced by the…
- § 1861.14 The determinations of the court under this article shall have no effect on the determination of any issues in the action, other than the issues relevant to…
- § 1861.15 If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant, and be liable for all damages sustained by the…
- § 1861.16 (a) At or after the time he files an application for a writ of possession, the plaintiff may apply for a temporary restraining order by setting forth in the…
- § 1861.17 In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following: (a) Transferring any…
- § 1861.18 (a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, with a copy of the…
- § 1861.19 (a) After the levying officer takes possession pursuant to the writ of possession, the levying officer shall keep the property in a secure place. Except as…
- § 1861.20 The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending, within 30 days after a…
- § 1861.21 The court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed with the court an undertaking. The undertaking…
- § 1861.22 (a) The defendant may prevent the plaintiff from taking possession of property, pursuant to a writ of possession, or regain possession of property so taken, by…
- § 1861.23 (a) The defendant may object to the plaintiff’s undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of…
- § 1861.24 Unless the judgment is paid within 30 days from the date it becomes final, the plaintiff may sell the baggage and property at public auction to the highest…
- § 1861.25 Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with…
- § 1861.27 The facts stated in each affidavit filed pursuant to this article shall be set forth with particularity. Except where matters are specifically permitted by…
- § 1861.28 The judicial duties to be performed under this article are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California…
- § 1861a Keepers of furnished and unfurnished apartment houses, apartments, cottages, or bungalow courts shall have a lien upon the baggage and other property of value…
- § 1862.5 Whenever any personal property has heretofore been found in or deposited with, or is hereafter found in or deposited with any licensed hospital and has…
- § 1863 (a) Every keeper of a hotel, inn, boardinghouse or lodginghouse, shall post in a conspicuous place in the office or public room, and in every bedroom of said…
- § 1864 Any person or entity, including a person employed by a real estate broker, who, on behalf of another or others, solicits or arranges, or accepts reservations…
- § 1865 (a) For purposes of this section, “hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it shall not…
- § 1866 (a) For purposes of this section, the following definitions apply: (1) “Camping cabin” has the same meaning as in Section 18862.5 of the Health and Safety…
- § 1867 (a) The park management of a special occupancy park may require a guest to move from a space in the special occupancy park to a different space in the special…
CHAPTER 3. Deposit for Exchange § 1878 · 1 section
- § 1878 A deposit for exchange transfers to the depositary the title to the thing deposited, and creates between him and the depositor the relation of debtor and…
CHAPTER 4. Private Bulk Storage of Grain §§ 1880–1881.2 · 13 sections
- § 1880 This chapter may be cited as the Private Bulk Grain Storage Law.
- § 1880.1 As used in this chapter: (a) “Grain” includes barley, corn, flax, hay, grain sorghums, oats, rice, rye, and wheat. (b) “Seller” means a producer of grain who…
- § 1880.2 The seller shall conspicuously mark on all storage facilities “private bulk storage only” and with a designating number on each such facility and such markings…
- § 1880.3 Grain in private bulk storage facilities may be sold in conformity with this chapter by bill of sale without delivery and no provision of Section 3440 of this…
- § 1880.4 Upon sale of grain which is to remain in private bulk storage the seller shall execute and deliver to the buyer a bill of sale which shall contain all of the…
- § 1880.5 The bill of sale may contain other provisions, including reference to or provision for any one or more of the following: (a) Provision that the total price is…
- § 1880.6 Execution and delivery by a seller of a bill of sale shall pass seller’s title to the grain covered thereby to the buyer and such title passes to the assignees…
- § 1880.7 Upon the issuance of any such bill of sale, the seller shall immediately post upon the storage facilities containing the grain a notice in substantially the…
- § 1880.8 No delivery shall be made of any portion of the grain so privately stored unless the bill of sale therefor is presented to the seller, or other person in…
- § 1880.9 The presentment of the bill of sale by the holder to seller shall be presumptive evidence that the person presenting it is entitled to delivery of the grain…
- § 1881 If any grain in private bulk storage is not removed or delivered on or before the original date of delivery specified in the bill of sale and in the notice of…
- § 1881.1 A seller who shall willfully fail to comply with the requirements of notice and posting as provided for in Section 1880.2 or in Section 1880.7 shall be guilty…
- § 1881.2 The storage of grain pursuant to this chapter shall not constitute the depositary a warehouseman or storer of goods for hire and no storage facility shall be…