Deposits For Repair, Alteration Or Sale - Deposit For Keeping - CA Civil Law

Section § 1858

This section defines important terms for understanding the rules about businesses that repair or alter personal items. A 'Customer' is simply an individual who uses the services of a company that fixes or changes things. A 'Depositary' is someone or a business that regularly takes items to repair or modify them. 'Property' includes personal items used for personal or family purposes but does not include cars.

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 business regularly receives property from customers for the purpose of repair or alteration.

(c) “Property” means personal property used for or intended for personal, family, or household purposes, but does not include any motor vehicle within the meaning of Section 415 of the Vehicle Code.

customer depositary repair services alteration services personal property household goods excludes motor vehicles business definitions personal use items family use items

(Amended by Stats. 1971, Ch. 180.)

Section § 1858.1

When you give your property to someone for safekeeping, they must give you a written receipt. This receipt should tell you if your property isn't insured or protected in case it's stolen, damaged by fire, or vandalized while they have it.

Every depositary shall, upon accepting property from a customer, present the customer with written receipt which shall include a statement, if such is the case, that such deposited property is not insured or protected to the amount of the actual cash value thereof by the depositary against loss occasioned by theft, fire, and vandalism while such property remains with the depositary.

depositary written receipt property insurance protection theft fire vandalism customer notification actual cash value loss safekeeping

(Added by Stats. 1970, Ch. 1185.)

Section § 1858.2

If a custodian of your property doesn't give you the required receipt or misrepresents information on it, they are fully responsible for any loss from theft, fire, or vandalism while they have your property. They also lose any right to hold onto your property for services they provided. This law treats their liability as a deliberate act under insurance rules.

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, shall be strictly liable to the customer for any loss occasioned by theft, fire, or vandalism while such property remains with the depositary and shall forfeit any lien or other right to hold the property arising from services rendered in holding, repairing, altering, or selling the property. When liability is imposed upon a depositary under this section it shall be deemed as having been imposed for the commission of a willful act for the purposes of Section 533 of the Insurance Code.

depositary liability misrepresentation receipt requirements strict liability property loss theft fire vandalism forfeit lien property rights willful act Insurance Code Section 533

(Added by Stats. 1970, Ch. 1185.)

Section § 1858.3

If a place that holds your stuff, like a storage facility, has insurance to cover any damage or loss due to things like theft, fire, or vandalism, they don't have to tell you about this insurance.

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 while such property remains with the depositary, such depositary need not make or deliver to customer any notice thereof.

depositary insurance protection self-insurance customer property loss protection damage protection theft coverage fire damage vandalism protection property deposit no notice requirement storage facilities customer belongings insurance coverage damage or loss

(Added by Stats. 1970, Ch. 1185.)