Amended by Stats. 2002, Ch. 664, Sec. 38.5. Effective January 1, 2003.
Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.
California Civil Code — §§ 1708-1725
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Amended by Stats. 2002, Ch. 664, Sec. 38.5. Effective January 1, 2003.
Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.
Amended by Stats. 2021, Ch. 613, Sec. 1. (AB 453) Effective January 1, 2022.
to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.
section:
Added by Stats. 2002, Ch. 193, Sec. 2. Effective January 1, 2003.
Amended by Stats. 2014, Ch. 853, Sec. 1. (AB 1356) Effective January 1, 2015.
or her allegations with independent corroborating evidence.
ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family.
investigators licensed pursuant to Article 3 (commencing with Section 7520) of Chapter 11.3 of Division 3 of the Business and Professions Code, or of law enforcement personnel or employees of agencies, either public or private, who, in the course and scope of their employment, encourage or attempt to engage in any conduct or activity to obtain evidence of suspected illegal activity or other misconduct, suspected violation of any administrative rule or regulation, suspected fraudulent conduct, or any suspected activity involving a violation of law or business practice or conduct of a public official that adversely affects public welfare, health, or safety. For purposes of the liability created by subdivision (a), “follows” also does not include any newsgathering conduct connected to a newsworthy event.
the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
activity or other misconduct, suspected violation of any administrative rule or regulation, suspected fraudulent conduct, or any suspected activity involving a violation of law or business practice or conduct of a public official that adversely affects public welfare, health, or safety. For purposes of the liability created by subdivision (a), “place under surveillance” also does not include any newsgathering conduct connected to a newsworthy event.
protection of the health, safety, and welfare of the people of the State of California, and shall be liberally construed to effectuate those purposes.
Amended by Stats. 2015, Ch. 521, Sec. 1. (AB 856) Effective January 1, 2016.
visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person.
subject to subdivisions (d), (e), and (h).
regardless of whether there is an employer-employee relationship, to violate any provision of subdivision (a), (b), or (c) is liable for any general, special, and consequential damages resulting from each said violation. In addition, the person that directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate this section shall be liable for punitive damages to the extent that an employer would be subject to punitive damages pursuant to subdivision (b) of Section 3294. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000).
in violation of subdivision (a), (b), or (c) shall not constitute a violation of this section unless the person, in the first transaction following the taking or capture of the visual image, sound recording, or other physical impression, publicly transmitted, published, broadcast, sold, or offered for sale the visual image, sound recording, or other physical impression with actual knowledge that it was taken or captured in violation of subdivision (a), (b), or (c), and provided compensation, consideration, or remuneration, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression.
physical impression was taken or captured in violation of subdivision (a), (b), or (c). The plaintiff shall establish actual knowledge by clear and convincing evidence.
any form, medium, format, or work, of the visual image, sound recording, or other physical impression, does not constitute a violation of this section.
facts.
but not limited to, an injunction and restraining order against further violations of subdivision (a), (b), or (c).
(A) Intimate details of the plaintiff’s personal life under circumstances in which the plaintiff has a reasonable expectation of privacy.
(B) Interaction with the plaintiff’s family or significant others under circumstances in which the plaintiff has a reasonable expectation of privacy.
(C) If and only after the person has been convicted of violating Section 626.8 of the Penal Code, any activity that occurs when minors are present at any location set forth in subdivision (a) of Section 626.8 of the Penal Code.
(D) Any activity that occurs on a residential property under circumstances in which the
plaintiff has a reasonable expectation of privacy.
(E) Other aspects of the plaintiff’s private affairs or concerns under circumstances in which the plaintiff has a reasonable expectation of privacy.
be allocated, as follows:
this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Amended by Stats. 2021, Ch. 518, Sec. 1. (AB 514) Effective January 1, 2022.
permission from the person appearing in the material to publish by any means or post the material on an internet website.
served on the defendant, by certified mail, a notice to cease distribution of the material, and the defendant failed to cease distribution within 20 days of receiving the notice.
provisions shall apply:
(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other
parties a confidential information form that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.
email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiff’s identity can be discerned.
information or signifiers that would tie an individual to a particular electronic service, device, or Internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.
this provision.
SECTION 1708.85.”
(f).
Amended by Stats. 2025, Ch. 673, Sec. 1. (AB 621) Effective January 1, 2026.
person in whose favor consent was made, unless one of the following requirements is satisfied:
(ii) The depicted individual’s authorized representative provides written approval of the signed agreement.
and despised by a reasonable person.
conduct.
reasonably should know, that the depicted individual in that material did not consent to the creation of the digitized sexually explicit material or was a minor when the material was created.
(ii) Evidence described in clause (i) shall be submitted through a customer service email or other designated process provided by the person or entity if the customer service email or other designated process is prominently displayed on the person’s or entity’s internet website and shall contain all of the following information:
(II) A general description of the services the person or entity is providing that enable the ongoing operation of the deepfake pornography service.
(III) Contact information of the depicted individual or public prosecutor providing the evidence. This information shall be used by the person or entity only to seek additional information regarding the report that is necessary to take the steps required by subparagraph (B).
of receiving the evidence described in subparagraph (A).
(ii) The 30-day time parameter in clause (i) may be extended by a court if the court finds that additional time is needed to conduct an ongoing law enforcement investigation or operation.
(A) The person discloses the digitized sexually explicit material in the course of any of the following:
(ii) Exercising the person’s law enforcement duties.
(iii) Hearings, trials, or other legal proceedings.
(B) The material is any of the following:
(ii) A work of political or newsworthy value or similar work.
(iii) Commentary, criticism, or disclosure that is otherwise protected by the California Constitution or the United States Constitution.
the depicted individual did not participate in or authorize the creation or development of the material.
(A) An amount equal to the monetary gain made by the defendant from the creation and disclosure of the digitized sexually explicit material.
(B) One of the following:
(ii) Upon request of the plaintiff at any time before the final judgment is rendered, the plaintiff may instead recover an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, as follows:
(I) A sum of not less than one thousand five hundred dollars ($1,500) but not more than fifty thousand dollars ($50,000).
(II) If the unlawful act was committed with malice, the award of statutory damages may be increased to a maximum of two hundred fifty thousand dollars ($250,000).
(C) Punitive
damages.
(D) Reasonable attorney’s fees and costs.
(E) Any other available relief, including injunctive relief.
(ii) A civil penalty of twenty-five thousand dollars ($25,000) per violation.
(iii) For a violation committed with malice, a civil penalty of fifty thousand dollars ($50,000) per violation.
(iv) Reasonable attorney’s fees.
provision of this section or its application is held invalid, that invalidity shall not affect other provisions.
Added by Stats. 2022, Ch. 504, Sec. 1. (SB 53) Effective January 1, 2023.
depicting a person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation, or depicting the exposed genitals or anus of any person, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
proximately caused by the receipt of the image, including damages for emotional distress.
dollars ($30,000).
data provider, or operator of an online or mobile application, to the extent that the entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another person.
Added by Stats. 2024, Ch. 557, Sec. 2. (AB 1979) Effective January 1, 2025.
harassing nature about another person, which would be likely to incite or produce that unlawful action.
the person and that serves no legitimate purpose.
identifiers” means any personally identifying information or signifiers that would tie an individual to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.
the following:
subdivision (b), including a temporary restraining order, or a preliminary injunction or a permanent injunction ordering the defendant to cease doxing activities. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym as provided in subdivision (e).
purpose that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.
plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.
(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.
the court grants a plaintiff’s motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court.
or before January 1, 2026, the Judicial Council shall adopt or revise as appropriate rules and forms to implement subdivision (e).
of, or in connection with, the reporting of conduct reasonably believed to be unlawful.
Added by Stats. 2014, Ch. 852, Sec. 2. (AB 1256) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.
One who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers.
A deceit, within the meaning of the last section, is either:
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;
3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or,
4. A promise, made without any intention of performing it.
Added by Stats. 1971, Ch. 1713.
Any person who, with intent to defraud, sells or disposes of a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watchcase, or any other mechanical or electrical device, appliance, contrivance, material, piece of apparatus or equipment, from which the manufacturer’s nameplate, serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed, is civilly liable to the manufacturer in the sum of five hundred dollars ($500) per transaction and civilly liable to the purchaser for treble the
actual damages sustained by the purchaser.
This section does not apply to those cases or instances where any of the changes or alterations enumerated in this section have been customarily made or done as an established practice in the ordinary and regular conduct of business by the original manufacturer or his duly appointed direct representative or under specific authorization from the original manufacturer.
Amended by Stats. 2016, Ch. 548, Sec. 1. (AB 73) Effective September 24, 2016.
(A) The occurrence of an occupant’s death upon the real
property or the manner of death where the death has occurred more than three years prior to the date the transferee offers to purchase, lease, or rent the real property.
(B) That an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications.
(1).
misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning deaths on the real property.
One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit.
One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides.
The restoration required by the last section must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake.
Amended by Stats. 2011, Ch. 410, Sec. 1. (AB 1407) Effective January 1, 2012.
not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.
host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.
Added by Stats. 2001, Ch. 893, Sec. 1. Effective January 1, 2002.
Amended by Stats. 2007, Ch. 738, Sec. 2. Effective January 1, 2008.
Subject to the provisions of subdivision (c), the joint and several liability of the
parent or guardian having custody and control of a minor under this subdivision shall not exceed twenty-five thousand dollars ($25,000) for each tort of the minor, and in the case of injury to a person, imputed liability shall be further limited to medical, dental and hospital expenses incurred by the injured person, not to exceed twenty-five thousand dollars ($25,000). The liability imposed by this section is in addition to any liability now imposed by law.
twenty-five thousand dollars ($25,000), except as provided in subdivision (c), for each tort of the minor.
this section shall impose liability on an insurer for a loss caused by the willful act of the insured for purposes of Section 533 of the Insurance Code. An insurer shall not be liable for the conduct imputed to a parent or guardian by this section for any amount in excess of ten thousand dollars ($10,000).
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