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California Laws | Civil Code
EFFECT OF THE 1872 CODES (23-23.6)
DIVISION 4. GENERAL PROVISIONS

Compliance with this paragraph shall, however, not perfect the security interest of the secured party. Perfection of such a security interest shall be governed by Division 9 (commencing with Section 9101) of the Commercial Code. (15584)

(2) The intended debtor or secured party publishes a notice of the transfer one time in a newspaper of general circulation published in the judicial district in which the personal property is located, if there is one, and if there is none in the judicial district, then in a newspaper of general circulation in the county embracing the judicial district. The publication shall be completed not less than 10 days before the date of execution by the intended debtor of the intended security agreement. The notice shall contain the names and addresses of the transferor and transferee and of the intended debtor and secured party, a general statement of the character of the personal property transferred and intended to be subject to the security interest, the location of the personal property, and the date on or after which the security agreement is to be executed by the intended debtor. (15585)

3440.6. No action shall be brought or levy made under this chapter more than one year after the earliest of the following dates: (15586)

(a) The date the person bringing the action or making the levy should have discovered the transfer in the exercise of reasonable diligence. (15587)

(b) The date the person bringing the action or making the levy obtained actual knowledge of the transfer. (15588)

(c) The date the delivery of, and actual and continued change of possession of, the property transferred occurred. (15589)

(d) If the financing statement filed pursuant to subdivision (h) of Section 3440.1 has not lapsed, the date the filing and publication requirements of subdivision (h) of Section 3440.1 were met, other than the requirement that the filing of the financing statement and publication of the notice referred to therein be completed prior to the transfer. (15590)

3440.9. Subdivision (2) of Section 2402 and subdivision (a) of Section 10308 of the Commercial Code are not restricted by the provisions of this chapter. (15591)

CHAPTER 3. UNDERTAKING IN FRAUDULENT TRANSFER ACTION (3445-3449) (15592)(Text)

3445. As used in this chapter: (15593)

(a) "Transfer" means "transfer" as defined in Section 3439.01. (15594)

(b) "Creditor" means "creditor" as defined in Section 3439.01. (15595)

(c) "Transferee" means the person to whom property was transferred or an obligation was incurred, or the successors or assigns of the person. (15596)

3446. (a) In an action by a creditor for relief against a transfer or obligation under Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 on the ground that the transfer or obligation is fraudulent as to the creditor, the transferee may give an undertaking as provided in this chapter. (15597)

(b) If an undertaking is given as provided in this chapter, the transferee may sell, encumber, transfer, convey, mortgage, pledge, or otherwise dispose of the property or obligation, or a part thereof, and the purchaser, encumbrancer, transferee, mortgagee, grantee, or pledgee of the property or obligation takes, owns, holds, and possesses the property or obligation unaffected by the action and any judgment that is rendered in the action. (15598)

3447. The undertaking shall be conditioned that, if it is determined in the action that the transfer or obligation was fraudulent as to the creditor, the transferee will pay to the creditor the lesser of the following amounts: (15599)

(a) The value of the property or obligation as estimated in the undertaking. (15600)

(b) The amount determined in the action to be due and owing to the creditor by the person who transferred the property or incurred the obligation. (15601)

3448. The undertaking shall be in the lesser of the following amounts: (15602)

(a) Double the value of the property or obligation. (15603)

(b) Double the amount of the creditor's claim in the action. (15604)

3449. The undertaking becomes effective 10 days after service of the undertaking on the creditor. (15605)

PART 3. NUISANCE (15606)(Text)

TITLE 1. GENERAL PRINCIPLES (3479-3486) (15607)(Text)

3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. (15608)

3480.] Section Thirty-four Hundred and Eighty. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. (15609)

3481. Every nuisance not included in the definition of the last section is private. (15610)

3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance. (15611)

3482.1. (a) As used in this section: (15612)

(1) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity. (15613)

(2) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport or law enforcement training purpose. (15614)

(3) "Indoor shooting range" means a totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range's approved use. (15615)

(4) "Nighttime" means between the hours of 10 p.m. and 7 a.m. (15616)

(b) (1) Except as provided in subdivision (f), a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time construction or operation of the range was approved by a local public entity having jurisdiction in the matter, or if there were no such laws or ordinances that applied to the range and its operation at that time. (15617)

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