California Civil Code 1858.2 – Every depositary who fails to furnish the receipt, or a statement …
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Every depositary who fails to furnish the receipt, or a statement thereon as required by Section 1858.1, or who makes any misrepresentation in such receipt, shall be strictly liable to the customer for any loss occasioned by theft, fire, or vandalism while such property remains with the depositary and shall forfeit any lien or other right to hold the property arising from services rendered in holding, repairing, altering, or selling the property. When liability is imposed upon a depositary under this section it shall be deemed as having been imposed for the commission of a willful act for the purposes of § 533 of the Insurance Code.
(Added by Stats. 1970, Ch. 1185.)
Terms Used In California Civil Code 1858.2
- Customer: means a natural person who deals with a depositary. See California Civil Code 1858
- Depositary: means a person who in the ordinary course of business regularly receives property from customers for the purpose of repair or alteration. See California Civil Code 1858
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means personal property used for or intended for personal, family, or household purposes, but does not include any motor vehicle within the meaning of §. See California Civil Code 1858