Goto previous pageGoto next page
pg. 43

California Laws | Civil Code
EFFECT OF THE 1872 CODES (23-23.6)
DIVISION 1. PERSONS

(4) Nothing in this section shall be construed as authorizing both an administrative fine and civil penalty for the same violation. (869)

(5) Imposition of a fine or penalty provided for in this section shall not preclude imposition of any other sanctions or remedies authorized by law. (870)

(6) Administrative fines or penalties issued pursuant to Section 1280.15 of the Health and Safety Code shall offset any other administrative fine or civil penalty imposed under this section for the same violation. (871)

(f) For purposes of this section, "knowing" and "willful" shall have the same meanings as in Section 7 of the Penal Code. (872)

(g) No person who discloses protected medical information in accordance with the provisions of this part shall be subject to the penalty provisions of this part. (873)

(h) Paragraph (6) of subdivision (e) shall only become operative if Senate Bill 541 of the 2007-08 Regular Session is enacted and becomes effective on or before January 1, 2009. (874)

56.37. (a) No provider of health care, health care service plan, or contractor may require a patient, as a condition of receiving health care services, to sign an authorization, release, consent, or waiver that would permit the disclosure of medical information that otherwise may not be disclosed under Section 56.10 or any other provision of law. However, a health care service plan or disability insurer may require relevant enrollee or subscriber medical information as a condition of the medical underwriting process, provided that Sections 1374.7 and 1389.1 of the Health and Safety Code are strictly observed. (875)

(b) Any waiver by a patient of the provisions of this part, except as authorized by Section 56.11 or 56.21 or subdivision (b) of Section 56.26, shall be deemed contrary to public policy and shall be unenforceable. (876)

PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW (80-86) (877)(Text)

80. This part may be cited as the California Fair Dealership Law. (878)

81. As used in this part: (879)

(a) "Person" means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. (880)

(b) "Dealership" means a contract or agreement, either express or implied, whether oral or written, between two or more persons, by which a person is granted the right to sell or distribute goods or services, or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling, or distributing goods or services at wholesale, or at retail, by lease, agreement, or otherwise. (881)

(c) "Grantor" means a person who sells, leases, or otherwise transfers a dealership. (882)

(d) "Community of interest" means a continuing financial interest between the grantor and grantee in either the operation of the dealership or the marketing of goods or services. (883)

(e) "Dealer" means a person who is a grantee of a dealership situated in this state. (884)

(f) "Grant" means a sale, lease, or transfer of any kind. (885)

82. This part shall be liberally construed and applied to promote its underlying purposes and policies, which are as follows: (886)

(a) The prohibition of discrimination based upon any characteristic listed or defined in subdivision (b) or (e) of Section 51 in the granting, sale, transfer, bequest, termination, and nonrenewal of dealerships. (887)

(b) The requirements of this part shall not be varied by contract or agreement and any portion of a contract or agreement purporting to do so is void and unenforceable. (888)

83. On or after January 1, 1981, no grantor, directly or indirectly, shall refuse to grant a dealership to any person because of any characteristic listed or defined in subdivision (b) or (e) of Section 51. (889)

84. On or after January 1, 1981, no grantor, directly or indirectly, may terminate, cancel, or refuse to renew a dealership agreement with a dealer because of any characteristic listed or defined in subdivision (b) or (e) of Section 51. (890)

85. On or after January 1, 1981, no grantor or dealer, directly or indirectly, shall refuse to make or to consent to an assignment, sale, transfer, or bequest of a dealership to any person, or to the intestate succession to the dealership by any person, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51. This section shall not be construed to create any right in a dealer to assign, sell, transfer, or bequeath a dealership where the right did not exist prior to January 1, 1981. (891)

86. The prevailing party in any action based on a violation of the provisions of this part shall be entitled to recover reasonable attorney's fees and taxable court costs. (892)

DIVISION 2. PROPERTY (893)(Text)

PART 1. PROPERTY IN GENERAL (894)(Text)

TITLE 1. NATURE OF PROPERTY (654-663) (895)(Text)

654. The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be ownership is called property. (896)

655. There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, trade marks and signs, and of rights created or granted by statute. (897)

656. Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued. (898)

657. Property is either: (899)

l. Real or immovable; or, (900)

2. Personal or movable. (901)

658. Real or immovable property consists of: (902)

l. Land; (903)

2. That which is affixed to land; (904)

3. That which is incidental or appurtenant to land; (905)

4. That which is immovable by law; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods. (906)

Goto previous page43Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.