Article 2Possession of Personal Property
Section § 3333
Section § 3333.1
This law section allows a healthcare provider, when sued for personal injury due to negligence, to present evidence of financial benefits the injured party might receive, like insurance or Social Security payments. If the defendant does this, the injured party can show evidence of what they paid to get those benefits. Additionally, any benefit source mentioned can’t claim money back from the injured party or take over their legal rights. The law defines 'health care provider' broadly to include licensed professionals and facilities, and 'professional negligence' as a mistake or failure in professional duties that caused injury or death.
Section § 3333.2
This law explains the limits on how much money someone can sue for when they suffer non-physical damages, like pain and suffering, due to a healthcare provider's negligence in California. For regular injuries, these noneconomic damages are capped at $350,000 for all providers combined, and the same limit applies to institutions. If the case involves a wrongful death, the cap is $500,000. These limits will increase annually starting in 2023 and will continue to adjust for inflation beginning in 2034. The law defines "health care provider" and "health care institution" and outlines what it means to be "unaffiliated." It emphasizes that no defendant can be held liable in more than one category for these types of damages.
Section § 3333.3
If you're trying to sue for damages because you got hurt due to someone's negligence, you can't win any money if your injuries happened while you were committing a felony or trying to escape after doing so, and you've been convicted of that felony.
Section § 3333.4
If you're involved in a car accident and are injured, you generally can't claim money for things like pain and suffering if you were driving under the influence or your car wasn't properly insured. Specifically, if you were convicted of a DUI at the time or your vehicle didn't meet the state's insurance requirements, you can't get these non-economic damages. The law also says your insurer won’t cover these damages for you. However, there’s an exception: if you were hit by a drunk driver, you might still be able to claim these non-economic damages even if your car wasn’t insured.
Section § 3333.5
This law imposes strict liability on certain pipeline corporations, meaning they are responsible for any damage caused by leaks or spills of crude oil from their pipes, without needing to prove negligence. However, they are not liable for damages if those were caused by extraordinary events like war or natural disasters, or if caused by others' negligence or criminal acts. Covered damages include cleanup costs, property damage, and destruction of natural resources. These corporations must also show they have enough financial resources to cover potential damages. The law applies mainly to specific new pipelines or major relocations, and requires immediate cleanup of any spills. Older pipelines are generally not included.
Section § 3333.7
This law says that if someone gets hurt because a driver of a commercial vehicle, like a truck, was under the influence of drugs or alcohol, they can get triple the normal amount of damages from the driver's employer. But, this only applies if the employer knowingly ignored federal safety rules about drug testing at the time of the incident. It also clarifies what an employer is in this context, including those who hire drivers or work with owner-operators who must follow substance testing rules. Importantly, it doesn't change any other legal definitions or rights.
Section § 3333.8
This law allows private entities in California to perform controlled burns, like prescribed fires, to manage fuel and reduce wildland fire risks. As long as specific conditions are met—such as having a burn boss approve a written plan, securing necessary permits, and getting landowner permission—those conducting the burn won't be held liable for fire suppression costs. Cultural burns by Native American tribes have some exemptions from these conditions. However, anyone acting with gross negligence is still responsible for costs. The law also clarifies that it doesn't prevent lawsuits for damages.
Section § 3334
This law addresses the damages someone can seek if another person wrongfully occupies their real estate without permission. It says you can claim compensation for the property's use for up to five years before starting a lawsuit, the cost to fix or restore the property, and any costs to regain possession. In most cases, the value of the property's use should be the higher of its rental value or the benefits reaped by the illegal occupier. However, if the wrongful occupation happened due to a factual mistake by the occupier, the value is just the property's rental value.
Section § 3335
If someone unlawfully stays on a property after their legal right to be there has ended—like a guardian staying after a trust finishes—they may have to pay for the profit they made during that extra time.
Section § 3336
This law explains how damages are calculated if someone wrongfully takes or uses another person's belongings. The injured party can claim the value of the property at the time it was taken, plus interest, or enough money to cover their loss, provided they couldn't have avoided it with proper care. Additionally, they can seek reasonable compensation for the effort and expenses incurred in trying to recover their property.
Section § 3336.5
This law says that junk dealers or recyclers who have fire hydrants, fire department parts, manhole covers, or backflow devices need written proof from the owner that it's okay to have those items. If they possess these without proof, they may owe the owner damages, including three times the actual damages, unless there's a reason not to. However, if they unknowingly receive prohibited items and report it quickly to the police, they won't be liable. This law doesn't make them responsible for damages caused to other people if the items were stolen.
Section § 3337
If someone starts out with possession of property wrongfully, they can't just use the property for the owner's benefit later, without the owner's permission, to override the assumption that their possession was wrongful.
Section § 3338
If someone only has a lien on personal property (a legal right to hold someone else's property until a debt is paid), they can't claim more money in damages from someone who legally owns the property unless those damages cover the lien amount as well as any loss of time and expenses.
Section § 3339
This law says that everyone in California, no matter their immigration status, has the same rights and protections under state laws when it comes to employment and other areas like civil rights and housing. Your immigration status can't be used against you in these cases, except if required by federal law. The law states that this isn't a new idea—it's confirming what's already true. If any part of this law doesn't work out, it doesn't affect the rest of it. You also can't give up these rights, as doing so is against public policy and won't be recognized legally.
Section § 3339.10
This law says that a person's immigration or citizenship status is not relevant when it comes to their liability or rights in certain housing-related legal cases. It generally prevents any investigations into a tenant's immigration status unless the tenant's own claims make their status a key issue, or there's a strong legal reason under federal law. Simply defending against eviction doesn't justify checking someone's immigration status.
Section § 3339.5
This law states that when a minor child is involved in a legal case, their immigration status is not relevant in determining who is responsible or what the outcome should be, unless it has to do with future work-related court orders that would break federal laws. In court cases, no one can question a minor's immigration status unless their legal claims make it necessary or the person asking for this information can prove it's essential to follow federal immigration law. This law is just clarifying what is already understood in existing laws, and although it talks specifically about minors, it doesn't mean adults aren't protected the same way.
Section § 3340
If someone purposely or very carelessly harms an animal that someone owns, and shows a complete lack of concern for the animal's well-being, they might have to pay special damages meant to punish them for their actions.
Section § 3341
If your dog or another animal you keep harms or kills farm animals or poultry on someone else's property, you're responsible for paying for the damages. You don't have to prove that the person knew their animal would cause harm. Also, if someone catches an animal in the act of harming these farm animals away from its owner's property, they can legally kill the animal without fear of being sued. But, if a farm animal is accidentally harmed while being herded away from the dog owner's property, the dog owner isn't liable for those injuries.
Section § 3342
If someone's dog bites a person in a public place or when they are lawfully on private property, the dog's owner is responsible for any damages. This liability applies even if the dog hasn't acted aggressively before and regardless of the owner's awareness of any aggressiveness. However, this rule doesn't apply to police or military dogs on duty, as long as the dogs were provoked or performing official tasks like catching a suspect, investigating a crime, executing a warrant, or protecting people. These exceptions only hold if the agency has a written policy about using dogs for such tasks and the bitten person wasn't involved in the act that led to the dog's use.
Section § 3342.5
If a dog bites someone, the owner must take steps to ensure it doesn't present further danger. If a dog bites a person twice, others can ask the court to take action against the owner, such as removing or even destroying the dog to prevent future incidents. Special cases involve dogs trained to attack causing severe injury, where the court might also step in. Actions cannot be taken if the bite was against a trespasser or by a police or military dog on duty. Cities and counties can create their own dog regulations, and this law doesn’t change any other legal responsibilities dog owners have. Any legal proceedings under this section are treated as limited civil cases.
Section § 3343
If someone is tricked into a bad deal when buying or selling property, they can get money back for the difference between what they gave up and what they got in return. They can also claim extra money for things like wasted expenses due to the fraud, loss of enjoyment of the property, and any profits they could have made if the fraud hadn't happened. However, this does not allow recovering differences in value based solely on what was promised versus what was real, and doesn't limit other legal remedies available for fraud cases.
Section § 3343.5
If someone is harmed by illegal motor vehicle subleasing, they can sue the person responsible for damages. Those eligible to sue include sellers, lenders, lessors, buyers, lessees, and others involved in motor vehicle contracts. The court can grant various types of relief like damages, refunds, and legal costs. The law explains specific terms like 'buyer,' 'lease contract,' and 'motor vehicle,' and confirms these rights don't exclude other legal rights.
Section § 3343.7
This law allows individuals to take legal action against a nonprofit organization that operates like a cooperative for independent retailers, if they were tricked by false or incomplete information into joining. The action can be for canceling the membership contract or seeking any damages they faced due to the deception. If the organization failed to disclose important information required by certain business or corporation codes, it's considered fraudulent unless the organization can prove the individual knew about the deceit or that the organization couldn't have known about it with reasonable care.
Section § 3379
If someone has the right to instantly take possession of particular personal items, they can legally retrieve them following specific procedures detailed in the Code of Civil Procedure.
Section § [3380.]
If someone has control over an item that they don’t own, they can be legally required to hand it over to the rightful owner.