A deposit may be voluntary or involuntary; and for safe keeping or for exchange.
Article 1 - Nature and Creation of Deposit
California Civil Code — §§ 1813-1818
Sections (6)
A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is called the depositor, and the person receiving the depositary.
Amended by Stats. 2008, Ch. 265, Sec. 1. Effective January 1, 2009.
An involuntary deposit is made:
(a)By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner.
(b)In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person.
(c)By the delivery to, or picking up by, and the holding of, a stray live animal by any person or public or private entity.
(d)By the abandonment or leaving of a live animal, as proscribed by Section 597.1 of the Penal Code, in or about any premises or real property that has been vacated upon, or immediately preceding, the termination of a lease or other rental agreement or foreclosure of the property.
Amended by Stats. 2008, Ch. 265, Sec. 2. Effective January 1, 2009.
(a)The person or private entity with whom a thing is deposited in the manner described in Section 1815 is bound to take charge of it, if able to do so.
(b)Any person or private entity with whom a live animal is deposited in the manner described in subdivision (d) of Section 1815 shall immediately notify animal control officials for the purpose of retrieving the animal pursuant to Section 597.1 of the Penal Code. Animal control officers who respond shall be entitled to
exercise the right afforded them pursuant to that section to secure a lien for the purpose of recovering the costs of attempting to rescue the animal. Nothing in this subdivision shall impose any new or additional civil or criminal liability upon a depositary who complies with this subdivision.
(c)A public agency or shelter with whom an abandoned animal is deposited in the manner described in Section 1815 is bound to take charge of it, as provided in Section 597.1 of the Penal Code.
(d)The person in possession of the abandoned animal is subject to all local ordinances and state laws that govern the proper care and treatment of those animals.
(e)For purposes of this section, the person or private entity that notifies animal control officials to retrieve the animal or the successor property owner shall not be
considered the keeper of the animal or the agent of the animal’s owner as those terms are used in Section 597.1 of the Penal Code.
A deposit for keeping is one in which the depositary is bound to return the identical thing deposited.
A deposit for exchange is one in which the depositary is only bound to return a thing corresponding in kind to that which is deposited.