This section allows the law to be referred to as the “Song-Beverly Consumer Warranty Act.”
This chapter may be cited as the “Song-Beverly Consumer Warranty Act.”
Song-Beverly Consumer Warranty Song-Beverly Consumer Warranty Act chapter citation consumer protection warranty law California consumer rights warranty legislation product warranty goods protection buyer rights warranty compliance consumer goods warranty enforcement warranty coverage
(Added by Stats. 1970, Ch. 1333.)
This law states that if you're buying consumer goods, you can't give up your rights under this chapter. If you try to, it won't count because it's not allowed and goes against public policy.
Any waiver by the buyer of consumer goods of the provisions of this chapter, except as expressly provided in this chapter, shall be deemed contrary to public policy and shall be unenforceable and void.
consumer goods waiver of rights unenforceable void public policy buyer protection unenforceability consumer rights goods purchase agreement invalid waiver legal rights retention contract void consumer protection laws non-waivable rights public interest
(Added by Stats. 1970, Ch. 1333.)
If one part of this chapter of the law is found to be unconstitutional, that part can be removed without affecting the rest of the law. This concept is called 'severability,' meaning the rest of the law still stands and works on its own.
If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
unconstitutional provision severability invalid provision application to person application to circumstance constitutional law effect of provision chapter integrity legal provision removal law application provision effectiveness endurance of law provision separation unaffected applications independent provisions
(Added by Stats. 1970, Ch. 1333.)
This law states that the rights and obligations determined by the Commercial Code are unchanged by this chapter, except if there's a conflict. If there's a conflict, the consumer protections in this chapter take priority over the Commercial Code.
The provisions of this chapter shall not affect the rights and obligations of parties determined by reference to the Commercial Code except that, where the provisions of the Commercial Code conflict with the rights guaranteed to buyers of consumer goods under the provisions of this chapter, the provisions of this chapter shall prevail.
consumer goods consumer protections Commercial Code conflict buyer rights obligations of parties chapter provisions prevail rights guaranteed to buyers legal conflict resolution priority of consumer rights
(Added by Stats. 1970, Ch. 1333.)
This law states that the remedies under this chapter add to, rather than replace or limit, any other remedies you might have. Specifically, it doesn't replace what's available under the Unfair Practices Act.
The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy that is otherwise available, and, in particular, shall not be construed to supplant the provisions of the Unfair Practices Act.
cumulative remedies Unfair Practices Act additional remedies available remedies restricting remedies supplant provisions this chapter legal remedies not replacing consumer rights
(Amended by Stats. 1976, Ch. 416.)
This section establishes the name of the law as the Information Practices Act of 1977.
This chapter shall be known and may be cited as the Information Practices Act of 1977.
Information Practices Act 1977 California privacy law privacy practices data protection record management information handling personal data government records individual privacy rights
(Added by Stats. 1977, Ch. 709.)
This California law emphasizes that privacy is a fundamental right for everyone, supported by both the state's and the U.S. Constitution. It highlights concerns over how personal data is collected, stored, and shared, especially with the rise of advanced technology like computers. The law finds that current protections may not be sufficient, so strict limits are needed to safeguard individual privacy when handling personal information.
The Legislature declares that the right to privacy is a personal and fundamental right protected by Section 1 of Article I of the Constitution of California and by the United States Constitution and that all individuals have a right of privacy in information pertaining to them. The Legislature further makes the following findings:
(a)CA Civil Law Code § 1798.1(a) The right to privacy is being threatened by the indiscriminate collection, maintenance, and dissemination of personal information and the lack of effective laws and legal remedies.
(b)CA Civil Law Code § 1798.1(b) The increasing use of
computers and other sophisticated information technology has greatly magnified the potential risk to individual privacy that can occur from the maintenance of personal information.
(c)CA Civil Law Code § 1798.1(c) In order to protect the privacy of individuals, it is necessary that the maintenance and dissemination of personal information be subject to strict limits.
right to privacy personal information data protection information technology collection of data information dissemination privacy threats legal remedies strict limits maintenance of data privacy protection computer use sophisticated technology individual privacy indiscriminate data collection
(Added by Stats. 1977, Ch. 709.)
This section simply states that the chapter is called the “Unruh Act.”
This chapter may be cited as the “Unruh Act.”
Unruh Act chapter citation California law name statutory reference Act name official title formal citation legislative title law citation Unruh Civil Rights Act Act designation
(Added by Stats. 1959, Ch. 201.)
This law says that if a buyer tries to give up their rights under the rules of this chapter, it won't count. It's against public policy and can't be enforced.
Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be unenforceable and void.
waiver buyer rights public policy unenforceable void waiver consumer protection rights forfeiture contractual rights legal waiver consumer contracts buyer protection invalid agreement unenforceable contract non-waivable rights policy violation
(Amended by Stats. 1963, Ch. 1603.)
This section basically says that if any part of this law is found to be unconstitutional or invalid, the rest of the law will still stand and not be affected. It also means that just because a part of the law doesn't work for one person or situation, it doesn’t mean it won’t work for others.
If any provisions of this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
unconstitutional provision validity of law law application legal interpretation chapter remainder severability clause judicial review constitutional challenge partial invalidity continued enforcement provision application legal consequences law effectiveness individual cases circumstantial application
(Added by Stats. 1959, Ch. 201.)
This law section explains that certain types of contracts are not covered by the rules in this chapter. Specifically, it doesn't apply to contracts for building or selling an entire home or commercial/industrial structures, selling land or a property lot, selling federally registered aircraft, or selling expensive vessels (boats) worth over $25,000.
The provisions of this chapter shall not apply to any contract or series of contracts providing for: (a) the construction, sale, or construction and sale of an entire residence, including a mobilehome, or all or part of a structure designed for commerical or industrial occupancy, with or without a parcel of real property or an interest therein, (b) for the sale of a lot or parcel of real property, including any site preparation incidental to such sale, (c) the sale of any aircraft required to be registered under the Federal Aviation Act of 1958, or (d) the sale of any vessel as defined in subdivision (a) of Section 9840 of the Vehicle Code if the
cash price of such vessel, including accessories and equipment sold in conjunction therewith, exceeds twenty-five thousand dollars ($25,000).
real estate transactions home construction contracts commercial structure sale industrial property contracts land sales property lot sales aircraft sales Federal Aviation Act vessel sales boat transactions vehicle code section 9840 high-value vessels
(Amended by Stats. 1980, Ch. 1149, Sec. 6.)
This law section allows for the information required in retail installment contracts to be disclosed using methods or terms from Regulation Z (a federal set of rules regarding disclosures in lending). There are exceptions, such as a specific paragraph in Regulation Z that can't be used, and any disclosure must also meet certain local conditions. Additionally, there's no restriction against including extra information if Regulation Z allows it.
Notwithstanding any other provision of this chapter to the contrary, any information required to be disclosed in a retail installment contract or other document under this chapter may be disclosed in any manner, method, or terminology required or permitted under Regulation Z, as in effect at the time such disclosure is made, except that permitted by paragraph (2) of subdivision (c) of Section 226.18 of Regulation Z, provided that all of the requirements and limitations set forth in subdivision (b) of Section 1803.3 are satisfied. Nothing contained in this chapter shall be deemed to prohibit the disclosure in such contract or other document of
additional information required or permitted under Regulation Z, as in effect at the time such disclosure is made.
retail installment contract disclosure methods Regulation Z Section 226.18 subdivision (b) of Section 1803.3 lending disclosures federal regulations local conditions additional information contract documentation credit agreements disclosure exceptions financial terminology consumer protection
(Amended by Stats. 1981, Ch. 1075, Sec. 1. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.)
This law is about clarifying how credit transactions are classified in California, focusing on whether they are loans or credit sales. It sets clear rules for when the Unruh Act does not apply, particularly in transactions involving supervised financial organizations loaning money for buying goods or services. If the lender and seller are related or share profits and losses, the Unruh Act could apply. The law also defines 'supervised financial organization' and sets limits on fees like loan commissions for these transactions. Additionally, it outlines what does not count as sharing profits, such as reasonable commissions and indemnifications for loan losses.
(a)CA Civil Law Code § 1801.6(a) The Legislature finds that the decisional law of this state regarding the characterization of credit transactions as either loans or credit sales has been made unclear by the holding in King v. Central Bank, 18 Cal. 3d 840. It is the purpose of subdivision (b) to clarify such law by establishing standards for determining whether a transaction is subject to the Unruh Act. However, subdivision (b) is not intended to abrogate the judicial principle that the substance of a transaction rather than its form is determinative of its characterization as a loan or credit sale as exemplified by such decisions as Verbeck v. Clymer,
202 Cal. 557, Milana v. Credit Discount Co., 27 Cal. 2d 335, and Boerner v. Colwell Co., 21 Cal. 3d 37. Subdivision (b) also is not intended to abrogate the decision in Morgan v. Reasor Corp., 69 Cal. 2d 881, to the extent such decision has not been modified by Chapter 554 of the Statutes of 1969 or other legislative amendments to the Unruh Act.
(b)CA Civil Law Code § 1801.6(b) The provisions of this chapter shall not apply to any transaction in the form of a loan made by a supervised financial organization to a buyer of goods or services where all or a portion of the loan proceeds are used to purchase such goods or services, whether or not the seller of such goods or services arranges the loan or participates in the preparation of the loan documents, unless the supervised financial organization and the seller:
(1)CA Civil Law Code § 1801.6(b)(1) Are related by common ownership and control and the relationship was a material factor in the
loan transaction; or
(2)CA Civil Law Code § 1801.6(b)(2) Share in the profits and losses of either or both the sale and the loan.
(c)CA Civil Law Code § 1801.6(c) For purposes of this section:
(1)CA Civil Law Code § 1801.6(c)(1) The term “supervised financial organization” means a person organized, chartered, or holding a license or authorization certificate to make loans pursuant to the laws of this state or the United States who is subject to supervision by an official or agency of this state or the United States.
(2)CA Civil Law Code § 1801.6(c)(2) Receipt of a loan commission, brokerage or referral fee by a seller from a supervised financial organization shall not constitute a sharing of profits of the supervised financial organization, provided that such payment (i) is reasonable under the circumstances existing at the time the loan is consummated, and (ii) is not
refundable or is wholly or partly refundable only if the loan is voluntarily paid in full prior to its scheduled maturity. For purposes of this paragraph, a loan commission, brokerage or referral fee not exceeding the greater of 1 percent of the amount financed (as that term is defined by Regulation Z with respect to loans), or twenty dollars ($20), is reasonable under the circumstances existing at the time the loan is consummated.
(3)CA Civil Law Code § 1801.6(c)(3) Payment of money by a seller to a supervised financial organization pursuant to an actual or alleged contractual or statutory obligation to indemnify a supervised financial organization for losses incurred as a result of the assertion by a buyer of claims or defenses with respect to goods or services purchased with loan proceeds shall not constitute participation in or sharing of loan losses by the seller.
Unruh Act credit transactions loans credit sales King v. Central Bank supervised financial organization profits and losses common ownership loan commissions Brokerage fees Regulation Z indemnification material factor payment limits buyer claims
(Amended by Stats. 1980, Ch. 438, Sec. 1.)
This law states that the rules in this chapter do not affect premium finance agreements made by industrial loan companies under specific financial regulations.
The provisions of this chapter shall not apply to any premium finance agreement entered into by an industrial loan company pursuant to Chapter 8 (commencing with Section 18560) of Division 7 of the Financial Code.
premium finance agreements industrial loan company Financial Code Division 7 Chapter 8 Section 18560 exemption finance regulations financial agreements industrial loan loan company agreements
(Added by Stats. 1979, Ch. 1151.)
This law explains that deposits can either be given willingly or forced to be accepted. They can also be for the purpose of storing something safely or for exchanging one thing for another.
A deposit may be voluntary or involuntary; and for safe keeping or for exchange.
voluntary deposit involuntary deposit safe keeping exchange storage of goods forced acceptance willing acceptance deposit purposes deposit types exchanging deposits
(Enacted 1872.)
This law explains a voluntary deposit, where someone (called the depositor) gives their personal property to another person (the depositary) to hold onto, with the depositary's agreement, either for the depositor's benefit or for someone else's.
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 third party. The person giving is called the depositor, and the person receiving the depositary.
voluntary deposit personal property depositor depositary property possession consent benefit of depositor third party benefit property keeper property agreement
(Enacted 1872.)
This law explains situations where an 'involuntary deposit' occurs. It happens when someone accidentally leaves their belongings with another person, or when property is entrusted to someone else due to emergencies like fires or riots. It also covers finding and caring for stray animals, or when animals are abandoned at a property that's been vacated due to a lease ending or foreclosure.
An involuntary deposit is made:
(a)CA Civil Law Code § 1815(a) By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner.
(b)CA Civil Law Code § 1815(b) In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person.
(c)CA Civil Law Code § 1815(c) By the delivery to, or picking up by, and the holding of, a stray live animal by any person or public or private entity.
(d)CA Civil Law Code § 1815(d) By the abandonment or leaving of a live animal, as proscribed by Section 597.1 of the Penal Code, in or about any premises or real property that has been vacated upon, or immediately preceding, the termination of a lease or other rental agreement or foreclosure of the property.
involuntary deposit accidental leaving personal property emergencies fire shipwreck inundation insurrection riot stray live animal animal abandonment foreclosure lease termination Section 597.1
(Amended by Stats. 2008, Ch. 265, Sec. 1. Effective January 1, 2009.)
This law lays out what must happen when a thing or a live animal is left with someone according to specific rules. If someone or a private entity finds themselves with a live animal, they need to call animal control right away so the animal can be picked up. The animal control officers have the right to charge for their costs in saving the animal. There won't be any extra responsibilities or penalties for someone who follows these rules. Public agencies or shelters must also take care of any animals left with them following the same procedures. The person or entity who calls animal control or takes over the property won't be considered the owner or keeper of the animal.
(a)CA Civil Law Code § 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)CA Civil Law Code § 1816(b) Any person or private entity with whom a live animal is deposited in the manner described in subdivision (d) of Section 1815 shall immediately notify animal control officials for the purpose of retrieving the animal pursuant to Section 597.1 of the Penal Code. Animal control officers who respond shall be entitled to
exercise the right afforded them pursuant to that section to secure a lien for the purpose of recovering the costs of attempting to rescue the animal. Nothing in this subdivision shall impose any new or additional civil or criminal liability upon a depositary who complies with this subdivision.
(c)CA Civil Law Code § 1816(c) A public agency or shelter with whom an abandoned animal is deposited in the manner described in Section 1815 is bound to take charge of it, as provided in Section 597.1 of the Penal Code.
(d)CA Civil Law Code § 1816(d) The person in possession of the abandoned animal is subject to all local ordinances and state laws that govern the proper care and treatment of those animals.
(e)CA Civil Law Code § 1816(e) For purposes of this section, the person or private entity that notifies animal control officials to retrieve the animal or the successor property owner shall not be
considered the keeper of the animal or the agent of the animal’s owner as those terms are used in Section 597.1 of the Penal Code.
live animal deposit animal control notification rescue cost lien abandoned animal care animal laws compliance no additional liability public agency responsibility shelter animal charge keeper and agent definitions Section 1815 obligations
(Amended by Stats. 2008, Ch. 265, Sec. 2. Effective January 1, 2009.)
This section states that when you deposit something with someone for safekeeping, that person must give you back the exact same item you gave them.
A deposit for keeping is one in which the depositary is bound to return the identical thing deposited.
deposit safekeeping depositary return identical item trust possession property custody obligation goods item responsibility
(Enacted 1872.)
In a deposit for exchange, the person holding the deposited item is only required to give back an item that is similar to what was originally deposited, rather than the exact same item.
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.
deposit for exchange depositary obligations kind correspondence return of deposits exchangeable deposit similar item return item substitution property exchange depositary duties non-identical return
(Enacted 1872.)
In this section, an agent is defined as someone who acts on behalf of another person, known as the principal, when interacting with others. This relationship or action is referred to as agency.
An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.
agent principal agency representation third parties agent-principal relationship acting on behalf dealings with others agency relationship third persons
(Enacted 1872.)
If you're able to make legal agreements, you can choose someone to act on your behalf, and anyone can be chosen to be that representative or agent.
Any person having capacity to contract may appoint an agent, and any person may be an agent.
appoint an agent capacity to contract legal representative act on behalf choose an agent authorized representative agent appointment legal agreements contractual capacity representative selection delegate authority
(Enacted 1872.)
This law explains the difference between types of agents. A special agent is someone hired to do one specific task or conduct one specific transaction. On the other hand, a general agent is someone who is authorized to handle multiple tasks or transactions.
An agent for a particular act or transaction is called a special agent. All others are general agents.
special agent general agent particular act transaction agent types authorization task handling single task multiple tasks agent responsibilities agent duties specific transaction agency law agent classification scope of authority
(Enacted 1872.)
This section explains that there are two types of agency relationships: actual and ostensible. An actual agency is when the agent has been directly appointed by the principal to act on their behalf. An ostensible agency is when the agent seems to have been appointed because the principal's actions suggest it, even if they haven't been formally appointed.
An agency is either actual or ostensible.
agency relationship actual agency ostensible agency agent principal direct appointment apparent authority formal appointment implied agency agent authority
(Enacted 1872.)
This law states that an actual agency relationship exists when a person (the agent) is truly hired or authorized by another person (the principal) to act on their behalf.
An agency is actual when the agent is really employed by the principal.
actual agency agent principal employment authorization agency relationship real employment authority acting on behalf hired agent
(Enacted 1872.)
This law explains that an ostensible agency is created when a person (the principal) makes someone else reasonably appear to be their agent, either on purpose or by being careless, even if they didn't officially hire the person as their agent.
An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him.
ostensible agency principal third person belief apparent authority agent representation intentional misrepresentation ordinary care agency creation hiring employment status third party interactions
(Enacted 1872.)
This law explains that a lien is a type of financial charge placed on property, not involving a trust transfer, to make sure that an obligation or act gets fulfilled.
A lien is a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security for the performance of an act.
lien charge property as security performance of an act financial obligation property charge non-transfer security interest secured obligation lien imposition
(Amended by Code Amendments 1877-78, Ch. 74.)
This section defines that liens can be categorized as either general or special.
Liens are either general or special.
general lien special lien types of liens property claim debt security creditor rights asset lien financial encumbrance secured interest obligation fulfillment
(Enacted 1872.)
This law explains that a general lien allows a person to use someone's property as security to ensure all the debts or obligations owed to them by the property's owner are fulfilled.
A general lien is one which the holder thereof is entitled to enforce as a security for the performance of all the obligations, or all of a particular class of obligations, which exist in his favor against the owner of the property.
general lien security for performance obligations property owner holder's rights enforce lien property as security class of obligations debts liability property security
(Enacted 1872.)
This law explains that a special lien is a claim someone can use to ensure a specific act or obligation is performed. It only applies to that specific obligation and related duties.
A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation, and of such obligations as may be incidental thereto.
special lien security performance particular act obligation incidental obligations enforcement claim holder specific duty related duties
(Enacted 1872.)
If someone with a special lien has to pay off an earlier lien to protect their interest, they can then recover that payment as part of their own claim.
Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part of the claim for which his own lien exists.
special lien prior lien lienholder satisfy lien payment recovery claim enforcement lien protection enforce payment lien interest protecting lien
(Enacted 1872.)
This law states that any agreements involving a mortgage, pledge, or types of loans secured by a ship (bottomry) or cargo (respondentia) must comply with the rules outlined in this chapter.
Contracts of mortgage, pledge, bottomry, or respondentia are subject to all of the provisions of this chapter.
mortgage contracts pledge agreements bottomry loans respondentia loans shipping loans secured loans chapter provisions loan compliance maritime loans ship financing
(Amended by Stats. 2013, Ch. 76, Sec. 13. (AB 383) Effective January 1, 2014.)