PART 1. RELIEF [3274. - 3428.]

Part 1 enacted 1872.

§§ 3274–3428 · 125 sections

TITLE 1. RELIEF IN GENERAL §§ 3274–3275 · 2 sections
- § 3274 As a general rule, compensation is the relief or remedy provided by the law of this State for the violation of private rights, and the means of securing their…
- § 3275 Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with…
TITLE 2. COMPENSATORY RELIEF §§ 3281–3361 · 69 sections
1. CHAPTER 1. Damages in General §§ 3281–3296 · 12 sections
  1. ARTICLE 1. General Principles §§ 3281–3283 · 3 sections
    § 3281 Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which…
    § 3282 Detriment is a loss or harm suffered in person or property.
    § 3283 Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.
  2. ARTICLE 2. Interest as Damages §§ 3287–3291 · 6 sections
    § 3287 (a) A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the…
    § 3288 In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the…
    § 3289 (a) Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or…
    § 3289.5 For purposes of Section 3289, the rate of the contracted finance charge shall be the legal rate of interest stipulated by a retail installment contract subject…
    § 3290 Accepting payment of the whole principal, as such, waives all claim to interest.
    § 3291 In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person, corporation,…
  3. ARTICLE 3. Exemplary Damages §§ 3294–3296 · 3 sections
    § 3294 (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been…
    § 3295 (a) The court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for…
    § 3296 (a) Whenever a judgment for punitive damages is entered against an insurer or health care service plan licensed pursuant to Chapter 2.2 (commencing with…
2. CHAPTER 2. Measure of Damages [[3300.] - 3361.] §§ [3300.]–3361 · 57 sections
  1. ARTICLE 1. Damages for Breach of Contract [[3300.] - 3322.] §§ [3300.]–3322 · 17 sections
    § [3300.] Section Thirty-three Hundred. For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this…
    § 3301 No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin.
    § 3302 The detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon.
    § 3304 The detriment caused by the breach of a covenant of “seizin,” of “right to convey,” of “warranty,” or of “quiet enjoyment,” in a grant of an estate in real…
    § 3305 The detriment caused by the breach of a covenant against incumbrances in a grant of an estate in real property is deemed to be the amount which has been…
    § 3306 The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in…
    § 3306a The minimum detriment caused by the breach of an agreement to execute and deliver a quitclaim deed to real property is deemed to be the expenses incurred by…
    § 3307 The detriment caused by the breach of an agreement to purchase an estate in real property is deemed to be the excess, if any, of the amount which would have…
    § 3308 The parties to any lease of real or personal property may agree therein that if the lease shall be terminated by the lessor by reason of any breach thereof by…
    § 3315 The detriment caused by the breach of a carrier’s obligation to accept freight, messages, or passengers, is deemed to be the difference between the amount…
    § 3316 The detriment caused by the breach of a carrier’s obligation to deliver freight, where he has not converted it to his own use, is deemed to be the value…
    § 3317 The detriment caused by a carrier’s delay in the delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay,…
    § 3318 The detriment caused by the breach of a warranty of an agent’s authority, is deemed to be the amount which could have been recovered and collected from his…
    § 3319 (a) In each written contract for private works of improvement entered into on or after January 1, 1996, the contracting party and the design professional may…
    § 3320 (a) In each contract for public works of improvement, entered into on or after January 1, 1996, the public agency shall pay to the prime design professional…
    § 3321 (a) In each contract for public works of improvement, a prime design professional shall pay to each subconsultant design professional the amount due him or her…
    § 3322 (a) (1) A broker of construction trucking services shall pay all transportation charges submitted by a motor carrier of property in dump truck equipment by the…
  2. ARTICLE 2. Damages for Wrongs §§ 3333–3343.7 · 24 sections
    § 3333 For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which…
    § 3333.1 (a) In the event the defendant so elects, in an action for personal injury against a health care provider based upon professional negligence, he may introduce…
    § 3333.2 (a) In any action for injury against a health care provider or health care institution based on professional negligence, the injured plaintiff shall be…
    § 3333.3 In any action for damages based on negligence, a person may not recover any damages if the plaintiff’s injuries were in any way proximately caused by the…
    § 3333.4 (a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover…
    § 3333.5 (a) Each pipeline corporation that qualifies as a public utility within Section 216 of the Public Utilities Code that transports any crude oil or fraction…
    § 3333.7 (a) Notwithstanding any other provision of law, any person who suffers injury that is proximately caused by the driver of a commercial motor vehicle shall be…
    § 3333.8 (a) The Legislature finds and declares that in order to meet fuel management goals, the state must rely on private entities to engage in prescribed burning for…
    § 3334 (a) The detriment caused by the wrongful occupation of real property, in cases not embraced in Section 3335 of this code, the Eminent Domain Law (Title 7…
    § 3335 For willfully holding over real property, by a person who entered upon the same, as guardian or trustee for an infant, or by right of an estate terminable with…
    § 3336 The detriment caused by the wrongful conversion of personal property is presumed to be: First—The value of the property at the time of the conversion, with the…
    § 3336.5 (a) (1) Any junk dealer or recycler who possesses a fire hydrant, fire department connection, including, but not limited to, brass fittings and parts, manhole…
    § 3337 The presumption declared by the last section cannot be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent…
    § 3338 One having a mere lien on personal property, cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien…
    § 3339 The Legislature finds and declares the following: (a) All protections, rights, and remedies available under state law, except any reinstatement remedy…
    § 3339.5 (a) The immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy, except for…
    § 3339.10 (a) The immigration or citizenship status of any person is irrelevant to any issue of liability or remedy under Chapter 2 (commencing with Section 1940) of…
    § 3340 For wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be…
    § 3341 The owner, possessor, or harborer of any dog or other animal, that shall, on the premises of any person other than the owner, possessor, or harborer of such…
    § 3342 (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place,…
    § 3342.5 (a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to…
    § 3343 (a) One defrauded in the purchase, sale or exchange of property is entitled to recover the difference between the actual value of that with which the defrauded…
    § 3343.5 (a) Any one or more of the following who suffers any damage proximately resulting from one or more acts of unlawful motor vehicle subleasing, as described in…
    § 3343.7 An action may be brought against any nonprofit organization operated on a cooperative basis by and for independent retailers which wholesales goods and…
  3. ARTICLE 3. Penal Damages §§ 3344–3346 · 7 sections
    § 3344 (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…
    § 3344.1 (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…
    § 3344.5 (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…
    § 3344.6 (a) Any candidate for elective office whose election or defeat is expressly advocated in any campaign advertisement which violates subdivision (a) of Section…
    § 3345 (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,…
    § 3345.1 (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…
    § 3346 (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…
  4. ARTICLE 4. General Provisions §§ 3353–3361 · 9 sections
    § 3353 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…
    § 3354 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…
    § 3355 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…
    § [3356.] Section Thirty-three Hundred and Fifty-six. For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that of the…
    § 3357 The damages prescribed by this Chapter are exclusive of exemplary damages and interest, except where those are expressly mentioned.
    § 3358 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…
    § 3359 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,…
    § 3360 When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages.
    § 3361 Estimations, measures, or calculations of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or…
TITLE 3. SPECIFIC AND PREVENTIVE RELIEF §§ 3366–3424 · 31 sections
1. CHAPTER 1. General Principles §§ 3366–3369 · 4 sections
  - § 3366 Specific or preventive relief may be given as provided by the laws of this state.
  - § 3367 Specific relief is given: 1. By taking possession of a thing, and delivering it to a claimant; 2. By compelling a party himself to do that which ought to be…
  - § 3368 Preventive relief is given by prohibiting a party from doing that which ought not to be done.
  - § 3369 Neither specific nor preventive relief can be granted to enforce a penalty or forfeiture in any case, nor to enforce a penal law, except in a case of nuisance…
2. CHAPTER 1.5. Investment Advisers § 3372 · 1 section
  - § 3372 (a) Any person engaged in the business of advising others for compensation as to the advisability of purchasing, holding or selling property for investment and…
3. CHAPTER 2. Specific Relief §§ 3375–3415 · 21 sections
  1. ARTICLE 1. Possession of Real Property § 3375 · 1 section
    § 3375 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…
  2. ARTICLE 2. Possession of Personal Property [3379. - [3380.]] §§ 3379–[3380.] · 2 sections
    § 3379 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.
    § [3380.] Section Thirty-three Hundred and Eighty. Any person having the possession or control of a particular article of personal property, of which he is not the…
  3. ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395.] §§ [3384.]–3395 · 10 sections
    § [3384.] Section Thirty-three Hundred and Eighty-four. Except as otherwise provided in this Article, the specific performance of an obligation may be compelled.
    § 3386 Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if: (a)…
    § 3387 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…
    § 3388 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,…
    § 3389 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…
    § 3390 The following obligations cannot be specifically enforced: (a) An obligation to render personal service. (b) An obligation to employ another in personal…
    § 3391 Specific performance cannot be enforced against a party to a contract in any of the following cases: 1. If he has not received an adequate consideration for…
    § 3392 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…
    § 3394 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.
    § 3395 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…
  4. ARTICLE 4. Revision of Contracts §§ 3399–3402 · 4 sections
    § 3399 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…
    § 3400 For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.
    § 3401 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…
    § 3402 A contract may be first revised and then specifically enforced.
  5. ARTICLE 6. Cancellation of Instruments §§ 3412–3415 · 4 sections
    § 3412 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…
    § 3413 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…
    § 3414 Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue.
    § 3415 (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…
4. CHAPTER 3. Preventive Relief §§ 3420–3424 · 5 sections
  - § 3420 Preventive relief is granted by injunction, provisional or final.
  - § 3421 Provisional injunctions are regulated by the Code of Civil Procedure.
  - § 3422 Except where otherwise provided by this Title, a final injunction may be granted to prevent the breach of an obligation existing in favor of the applicant: 1.…
  - § 3423 An injunction may not be granted: (a) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless this…
  - § 3424 (a) Upon notice and motion, the court may modify or dissolve a final injunction upon a showing that there has been a material change in the facts upon which…
TITLE 4. UNIFORM SINGLE PUBLICATION ACT §§ 3425.1–3425.5 · 5 sections
- § 3425.1 This title may be cited as the Uniform Single Publication Act.
- § 3425.2 This act shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.
- § 3425.3 No person shall have more than one cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single…
- § 3425.4 A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or…
- § 3425.5 This title shall not be retroactive as to causes of action existing on its effective date.
TITLE 5. UNIFORM TRADE SECRETS ACT §§ 3426–3426.11 · 12 sections
- § 3426 This title may be cited as the Uniform Trade Secrets Act.
- § 3426.1 As used in this title, unless the context requires otherwise: (a) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach…
- § 3426.2 (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to…
- § 3426.3 (a) A complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by…
- § 3426.4 If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious…
- § 3426.5 In an action under this title, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders…
- § 3426.6 An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should…
- § 3426.7 (a) Except as otherwise expressly provided, this title does not supersede any statute relating to misappropriation of a trade secret, or any statute otherwise…
- § 3426.8 This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states…
- § 3426.9 If any provision of this title or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or…
- § 3426.10 This title does not apply to misappropriation occurring prior to January 1, 1985. If a continuing misappropriation otherwise covered by this title began before…
- § 3426.11 Notwithstanding subdivision (b) of Section 47, in any legislative or judicial proceeding, or in any other official proceeding authorized by law, or in the…
TITLE 6. INTERFERENCE WITH ACCESS TO HEALTH CARE §§ 3427–3427.4 · 5 sections
- § 3427 As used in this title: (a) “Aggrieved” means and refers to any of the following persons or entities: (1) A person physically present at a health care facility…
- § 3427.1 It is unlawful, and constitutes the tort of commercial blockade for a person, alone or in concert with others, to intentionally prevent an individual from…
- § 3427.2 A person or health care facility aggrieved by the actions prohibited by this title may seek civil damages from those who committed the prohibited acts and…
- § 3427.3 The court having jurisdiction over a civil proceeding under this title shall take all steps reasonably necessary to safeguard the individual privacy and…
- § 3427.4 This title shall not be construed to impair any constitutionally protected activity or any activities protected by the labor laws of this state or the United…
TITLE 7. DUTY OF HEALTH CARE SERVICE PLANS AND MANAGED CARE ENTITIES § 3428 · 1 section
- § 3428 (a) For services rendered on or after January 1, 2001, a health care service plan or managed care entity, as described in subdivision (f) of Section 1345 of…