PART 3. OBLIGATIONS IMPOSED BY LAW

Part 3 enacted 1872.

§§ 1708–1725 · 58 sections

§ 1708 Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.
§ 1708.5 (a) A person commits a sexual battery who does any of the following: (1) Acts with the intent to cause a harmful or offensive contact with an intimate part of…
§ 1708.5.5 (a) Notwithstanding Section 3515, consent shall not be a defense in any civil action under Section 1708.5 if the person who commits the sexual battery is an…
§ 1708.5.6 (a) A private cause of action for damages lies against a person who misuses sperm, ova, or embryos in violation of Section 367g of the Penal Code. (b) A…
§ 1708.6 (a) A person is liable for the tort of domestic violence if the plaintiff proves both of the following elements: (1) The infliction of injury upon the…
§ 1708.7 (a) A person is liable for the tort of stalking when the plaintiff proves all of the following elements of the tort: (1) The defendant engaged in a pattern of…
§ 1708.8 (a) A person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person…
§ 1708.85 (a) A private cause of action lies against a person who intentionally distributes by any means a photograph, film, videotape, recording, or any other…
§ 1708.86 (a) For purposes of this section: (1) “Authorized representative” means an attorney, talent agent, or personal manager authorized to represent a depicted…
§ 1708.88 (a) A private cause of action lies against a person 18 years of age or older who knowingly sends an image, that the person knows or reasonably should know is…
§ 1708.89 (a) For purposes of this section, the following terms apply: (1) “Doxes” means an act when a person, with intent to place another person in reasonable fear for…
§ 1708.9 (a) It is unlawful for any person, except a parent or guardian acting toward his or her minor child, to commit any of the following acts: (1) By force, threat…
§ 1709 One who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers.
§ 1710 A deceit, within the meaning of the last section, is either: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be…
§ 1710.1 Any person who, with intent to defraud, sells or disposes of a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine,…
§ 1710.2 (a) (1) Subject to subdivision (d), an owner of real property or his or her agent, or any agent of a transferee of real property, is not required to disclose…
§ 1711 One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that…
§ 1712 One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the…
§ 1713 The restoration required by the last section must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining…
§ 1714 (a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary…
§ 1714.01 (a) Domestic partners shall be entitled to recover damages for negligent infliction of emotional distress to the same extent that spouses are entitled to do so…
§ 1714.1 (a) Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to…
§ 1714.2 (a) In order to encourage citizens to participate in emergency medical services training programs and to render emergency medical services to fellow citizens,…
§ 1714.21 (a) For purposes of this section, the following definitions shall apply: (1) “AED” or “defibrillator” means an automated external defibrillator. (2) “CPR”…
§ 1714.22 (a) For purposes of this section, the following definitions apply: (1) “Opioid antagonist” means naloxone hydrochloride or any other opioid antagonist that is…
§ 1714.23 (a) For purposes of this section, the following definitions shall apply: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity or allergic…
§ 1714.24 (a) For purposes of this section, the following definitions shall apply: (1) “Collector” includes only those entities authorized by and registered with the…
§ 1714.25 (a) Except for injury resulting from gross negligence or intentional misconduct in the preparation or handling of donated food, no person, gleaner, or food…
§ 1714.26 (a) Except for damage or injury resulting from gross negligence or a willful act, there is no liability for any damage or injury on the part of a nonprofit…
§ 1714.27 (a) Notwithstanding any other law, and except as provided in subdivision (b), a person not otherwise licensed to administer anti-seizure rescue medication, but…
§ 1714.29 (a) For purposes of this section, “trauma kit” means a first aid response kit that contains at least all of the following: (1) One tourniquet endorsed by the…
§ 1714.3 Civil liability for any injury to the person or property of another proximately caused by the discharge of a firearm by a minor under the age of 18 years shall…
§ 1714.4 (a) Any person or business entity that knowingly assists a child support obligor who has an unpaid child support obligation to escape, evade, or avoid paying…
§ 1714.41 (a) Any person or business entity that knowingly assists a child support obligor who has an unpaid child support obligation to escape, evade, or avoid paying…
§ 1714.43 (a) (1) Every retail seller and manufacturer doing business in this state and having annual worldwide gross receipts that exceed one hundred million dollars…
§ 1714.45 (a) In a product liability action, a manufacturer or seller shall not be liable if both of the following apply: (1) The product is inherently unsafe and the…
§ 1714.46 (a) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit…
§ 1714.47 (a) For purposes of this section, the following definitions apply: (1) “Business information” means an internet website, mobile application, address, or…
§ 1714.5 (a) There shall be no liability on the part of one, including the State of California, county, city and county, city or any other political subdivision of the…
§ 1714.55 (a) A retail or wholesale service provider of telecommunications service, or other service, involved in providing 9-1-1 service in accordance with the…
§ 1714.6 The violation of any statute or ordinance shall not establish negligence as a matter of law where the act or omission involved was required in order to comply…
§ 1714.7 No person who is injured while getting on, or attempting to get on, a moving locomotive or railroad car, without authority from the owner or operator of the…
§ 1714.8 (a) No health care provider shall be liable for professional negligence or malpractice for any occurrence or result solely on the basis that the occurrence or…
§ 1714.9 (a) Notwithstanding statutory or decisional law to the contrary, any person is responsible not only for the results of that person’s willful acts causing…
§ 1714.10 (a) No cause of action against an attorney for a civil conspiracy with his or her client arising from any attempt to contest or compromise a claim or dispute,…
§ 1714.11 (a) Except for damage or injury proximately caused by a grossly negligent act or omission or willful or wanton misconduct of the donor, no public employee or…
§ 1715 Other obligations are prescribed by Divisions I and II of this Code.
§ 1716 (a) It is unlawful for a person to solicit payment of money by another by means of a written statement or invoice, or any writing that reasonably could be…
§ 1717 (a) In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be…
§ 1717.5 (a) (1) Except as otherwise provided by law or where waived by the parties to an agreement, in any action on a contract based on a book account, as defined in…
§ 1718 (a) As used in this section: (1) “Farm machinery” means all tools and equipment used in relation to the operation of a farm. (2) “Farm machinery repair shop”…
§ 1719 (a) (1) Notwithstanding any penal sanctions that may apply, any person who passes a check on insufficient funds shall be liable to the payee for the amount of…
§ 1720 (a) If an obligee fails to give a timely response to an inquiry of an obligor concerning any debit or credit applicable to an obligation, he shall not be…
§ 1721 In an action for the intentional and malicious destruction of real or personal property at a site where substantial improvements to real property are under…
§ 1722 (a) (1) Whenever a contract is entered into between a consumer and a retailer with 25 or more employees relating to the sale of merchandise which is to be…
§ 1723 (a) Every retail seller which sells goods to the public in this state that has a policy as to any of those goods of not giving full cash or credit refunds, or…
§ 1724 (a) As used in this section: (1) “Authorized person” means a person who has come to possess or access the data lawfully and who continues to maintain the legal…
§ 1725 (a) Unless permitted under subdivision (c), no person accepting a negotiable instrument as payment in full or in part for goods or services sold or leased at…