CHAPTER 2. Deposit for Keeping
Chapter 2 enacted 1872.
§§ 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…