A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.
Article 6Cancellation of Instruments
Section § 3412
This law allows someone who is worried that a written document could cause them harm because it might be invalid or can be invalidated to ask a court to officially recognize this and have the document canceled or handed over.
written instrument reasonable apprehension serious injury void voidable adjudged delivered up canceled court application document invalidation harm prevention court order legal cancellation document delivery court recognition
Section § 3413
This law says that if a document clearly looks invalid on its own or when viewed with another necessary document, it cannot be considered harmful under the previous law section.
An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury, within the provisions of the last section.
invalid document instrument evidence apparent invalidity causing injury previous section document harm legal instrument necessary document face of document
Section § 3414
This law states that if a document includes multiple rights or obligations, only the part that is problematic can be canceled, leaving the rest intact.
Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue.
document cancellation rights or obligations instrument evidence partial cancellation legal documents contract modification retain non-canceled parts partial void variability in documents contract adjustment
Section § 3415
In California, if you've lost or destroyed a private document that matters to you, you can take legal action to either prove the document existed or get a duplicate made. If it's a negotiable instrument, which means something like a check or promissory note, the court will require you to provide a financial guarantee. This guarantee protects the person giving you the duplicate from any losses if the original document shows up later.
(a)CA Civil Law Code § 3415(a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to prove or establish the document or instrument or to compel the issuance, execution, and acknowledgment of a duplicate of the document or instrument.
(b)CA Civil Law Code § 3415(b) If the document or instrument is a negotiable instrument, the court shall compel the owner of the negotiable instrument to give an indemnity bond to the person reissuing,
reexecuting, or reacknowledging the same, against loss, damage, expense, or other liability that may be suffered by the person by reason of the issuance of the duplicate instrument or by the original instrument still remaining outstanding.
private document lost document destroyed document negotiable instrument indemnity bond duplicate document legal action prove document duplicate issuance financial guarantee court order promissory note check legal indemnity duplicate protection
