2010 California Code
Civil Code
Part 2. Personal Rights

43.  Besides the personal rights mentioned or recognized in the
Government Code, every person has, subject to the qualifications and
restrictions provided by law, the right of protection from bodily
restraint or harm, from personal insult, from defamation, and from
injury to his personal relations.



43.1.  A child conceived, but not yet born, is deemed an existing
person, so far as necessary for the child's interests in the event of
the child's subsequent birth.



43.3.  Notwithstanding any other provision of law, a mother may
breastfeed her child in any location, public or private, except the
private home or residence of another, where the mother and the child
are otherwise authorized to be present.




43.4.  A fraudulent promise to marry or to cohabit after marriage
does not give rise to a cause of action for damages.



43.5.  No cause of action arises for:
   (a) Alienation of affection.
   (b) Criminal conversation.
   (c) Seduction of a person over the age of legal consent.
   (d) Breach of promise of marriage.



43.55.  (a) There shall be no liability on the part of, and no cause
of action shall arise against, any peace officer who makes an arrest
pursuant to a warrant of arrest regular upon its face if the peace
officer in making the arrest acts without malice and in the
reasonable belief that the person arrested is the one referred to in
the warrant.
   (b) As used in this section, a "warrant of arrest regular upon its
face" includes both of the following:
   (1) A paper arrest warrant that has been issued pursuant to a
judicial order.
   (2) A judicial order that is entered into an automated warrant
system by law enforcement or court personnel authorized to make those
entries at or near the time the judicial order is made.




43.56.  No cause of action arises against a foster parent for
alienation of affection of a foster child.



43.6.  (a) No cause of action arises against a parent of a child
based upon the claim that the child should not have been conceived
or, if conceived, should not have been allowed to have been born
alive.
   (b) The failure or refusal of a parent to prevent the live birth
of his or her child shall not be a defense in any action against a
third party, nor shall the failure or refusal be considered in
awarding damages in any such action.
   (c) As used in this section "conceived" means the fertilization of
a human ovum by a human sperm.



43.7.  (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any member of a
duly appointed mental health professional quality assurance committee
that is established in compliance with Section 4070 of the Welfare
and Institutions Code, for any act or proceeding undertaken or
performed within the scope of the functions of the committee which is
formed to review and evaluate the adequacy, appropriateness, or
effectiveness of the care and treatment planned for, or provided to,
mental health patients in order to improve quality of care by mental
health professionals if the committee member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he or she acts, and acts in reasonable belief that the action
taken by him or her is warranted by the facts known to him or her
after the reasonable effort to obtain facts.
   (b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any professional
society, any member of a duly appointed committee of a medical
specialty society, or any member of a duly appointed committee of a
state or local professional society, or duly appointed member of a
committee of a professional staff of a licensed hospital (provided
the professional staff operates pursuant to written bylaws that have
been approved by the governing board of the hospital), for any act or
proceeding undertaken or performed within the scope of the functions
of the committee which is formed to maintain the professional
standards of the society established by its bylaws, or any member of
any peer review committee whose purpose is to review the quality of
medical, dental, dietetic, chiropractic, optometric, acupuncture,
psychotherapy, or veterinary services rendered by physicians and
surgeons, dentists, dental hygienists, podiatrists, registered
dietitians, chiropractors, optometrists, acupuncturists,
veterinarians, marriage and family therapists, or psychologists which
committee is composed chiefly of physicians and surgeons, dentists,
dental hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists for any act or proceeding undertaken or
performed in reviewing the quality of medical, dental, dietetic,
chiropractic, optometric, acupuncture, psychotherapy, or veterinary
services rendered by physicians and surgeons, dentists, dental
hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists or any member of the governing board of
a hospital in reviewing the quality of medical services rendered by
members of the staff if the professional society, committee, or board
member acts without malice, has made a reasonable effort to obtain
the facts of the matter as to which he, she, or it acts, and acts in
reasonable belief that the action taken by him, her, or it is
warranted by the facts known to him, her, or it after the reasonable
effort to obtain facts. "Professional society" includes legal,
medical, psychological, dental, dental hygiene, dietetic, accounting,
optometric, acupuncture, podiatric, pharmaceutic, chiropractic,
physical therapist, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However, if
the society has fewer than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society.
   "Medical specialty society" means an organization having as
members at least 25 percent of the eligible physicians within a given
professionally recognized medical specialty in the geographic area
served by the particular society.
   (c) This section does not affect the official immunity of an
officer or employee of a public corporation.
   (d) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any physician and
surgeon, podiatrist, or chiropractor who is a member of an
underwriting committee of an interindemnity or reciprocal or
interinsurance exchange or mutual company for any act or proceeding
undertaken or performed in evaluating physicians and surgeons,
podiatrists, or chiropractors for the writing of professional
liability insurance, or any act or proceeding undertaken or performed
in evaluating physicians and surgeons for the writing of an
interindemnity, reciprocal, or interinsurance contract as specified
in Section 1280.7 of the Insurance Code, if the evaluating physician
or surgeon, podiatrist, or chiropractor acts without malice, has made
a reasonable effort to obtain the facts of the matter as to which he
or she acts, and acts in reasonable belief that the action taken by
him or her is warranted by the facts known to him or her after the
reasonable effort to obtain the facts.
   (e) This section shall not be construed to confer immunity from
liability on any quality assurance committee established in
compliance with Section 4070 of the Welfare and Institutions Code or
hospital. In any case in which, but for the enactment of the
preceding provisions of this section, a cause of action would arise
against a quality assurance committee established in compliance with
Section 4070 of the Welfare and Institutions Code or hospital, the
cause of action shall exist as if the preceding provisions of this
section had not been enacted.



43.8.  (a) In addition to the privilege afforded by Section 47,
there shall be no monetary liability on the part of, and no cause of
action for damages shall arise against, any person on account of the
communication of information in the possession of that person to any
hospital, hospital medical staff, veterinary hospital staff,
professional society, medical, dental, podiatric, psychology,
marriage and family therapy, or veterinary school, professional
licensing board or division, committee or panel of a licensing board,
the Senior Assistant Attorney General of the Health Quality
Enforcement Section appointed under Section 12529 of the Government
Code, peer review committee, quality assurance committees established
in compliance with Sections 4070 and 5624 of the Welfare and
Institutions Code, or underwriting committee described in Section
43.7 when the communication is intended to aid in the evaluation of
the qualifications, fitness, character, or insurability of a
practitioner of the healing or veterinary arts.
   (b) The immunities afforded by this section and by Section 43.7
shall not affect the availability of any absolute privilege that may
be afforded by Section 47.
   (c) Nothing in this section is intended in any way to affect the
California Supreme Court's decision in Hassan v. Mercy American River
Hospital (2003) 31 Cal.4th 709, holding that subdivision (a)
provides a qualified privilege.


43.9.  (a) There shall be no liability on the part of, and no cause
of action shall accrue against, any health care provider for
professional negligence on account of the receipt by such provider of
an unsolicited referral, arising from a test performed by a
multiphasic screening unit, for any act or omission, including the
failure to examine, treat, or refer for examination or treatment any
person concerning whom an unsolicited referral has been received. The
immunity from liability granted by this subdivision shall only apply
where a health provider meets the obligations established in
subdivision (c).
   (b) Every multiphasic screening unit shall notify each person it
tests that the person should contact the health provider to whom the
test results are sent within 10 days and that the health provider may
not be obligated to interpret the results or provide further care.
The multiphasic screening unit shall include the words "PATIENT TEST
RESULTS" on the envelope of any test results sent to a health care
provider, and shall include the address of the person tested in the
test result material sent to the health care provider.
   Nothing contained in this section shall relieve any health care
provider from liability, if any, when at the time of receipt of the
unsolicited referral there exists a provider-patient relationship, or
a contract for health care services, or following receipt of such
unsolicited referral there is established or reestablished a
provider-patient relationship.
   (c)  A health care provider who receives unsolicited test results
from a multiphasic screening unit shall receive immunity from
liability pursuant to subdivision (a) only if the provider who
receives such test results and does not wish to evaluate them, or
evaluates them and takes no further action, either notifies the
multiphasic screening unit of that fact or returns the test results
within 21 days. If the health care provider reviews the test results
and determines that they indicate a substantial risk of serious
illness or death the provider shall make a reasonable effort to
notify the person tested of the presumptive finding within 14 days
after the provider has received the test results.
   (d) For the purposes of this section:
   (1) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, or licensed pursuant to the Osteopathic
Initiative Act or the Chiropractic Initiative Act, or licensed
pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2
of the Health and Safety Code, and any clinic, health dispensary, or
health facility licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code. "Health care provider"
also includes the legal representatives of a health care provider.
   (2) "Professional negligence" means an action for personal injury
or wrongful death proximately caused by a health care provider's
negligent act or omission to act in the rendering of professional
services, provided that such services are within the scope of
services for which the health care provider is licensed and are not
within any restriction imposed by the licensing agency or any
licensed hospital.
   (3) "Unsolicited referral" means any written report regarding the
health, physical or mental condition of any person which was
forwarded or delivered to a health care provider without prior
request by such provider.
   (4) A "multiphasic screening unit" means a facility which does not
prescribe or treat patients but performs diagnostic testing only.




43.91.  (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any member of a duly
appointed committee of a professional society which comprises a
substantial percentage of the persons licensed pursuant to Part 1
(commencing with Section 10000) of Division 4 of the Business and
Professions Code and situated in the geographic area served by the
particular society, for any act or proceeding undertaken or performed
within the scope of the functions of any such committee which is
formed to maintain the professional standards of the society
established by its bylaws, if such member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he acts, and acts in reasonable belief that the action taken by
him is warranted by the facts known to him after such reasonable
effort to obtain facts.
   (b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any person on
account of the communication of information in the possession of such
person to any committee specified in subdivision (a) when such
communication is intended to aid in the evaluation of the
qualifications, fitness or character of a member or applicant for
membership in any such professional society, and does not represent
as true any matter not reasonably believed to be true.
   (c) The immunities afforded by this section shall not affect the
availability of any absolute privilege which may be afforded by
Section 47.
   (d) This section shall not be construed to confer immunity from
liability on any professional society. In any case in which, but for
the enactment of this section, a cause of action would arise against
a professional society, such cause of action shall exist as if this
section had not been enacted.


43.92.  (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any person who is a
psychotherapist as defined in Section 1010 of the Evidence Code in
failing to warn of and protect from a patient's threatened violent
behavior or failing to predict and warn of and protect from a patient'
s violent behavior except where the patient has communicated to the
psychotherapist a serious threat of physical violence against a
reasonably identifiable victim or victims.
   (b) There shall be no monetary liability on the part of, and no
cause of action shall arise against, a psychotherapist who, under the
limited circumstances specified above, discharges his or her duty to
warn and protect by making reasonable efforts to communicate the
threat to the victim or victims and to a law enforcement agency.



43.93.  (a) For the purposes of this section the following
definitions are applicable:
   (1) "Psychotherapy" means the professional treatment, assessment,
or counseling of a mental or emotional illness, symptom, or
condition.
   (2) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry, a psychologist, a psychological
assistant, a marriage and family therapist, a registered marriage and
family therapist intern or trainee, an educational psychologist, an
associate clinical social worker, or a licensed clinical social
worker.
   (3) "Sexual contact" means the touching of an intimate part of
another person. "Intimate part" and "touching" have the same meanings
as defined in subdivisions (f) and (d), respectively, of Section
243.4 of the Penal Code. For the purposes of this section, sexual
contact includes sexual intercourse, sodomy, and oral copulation.
   (4) "Therapeutic relationship" exists during the time the patient
or client is rendered professional service by the therapist.
   (5) "Therapeutic deception" means a representation by a
psychotherapist that sexual contact with the psychotherapist is
consistent with or part of the patient's or former patient's
treatment.
   (b) A cause of action against a psychotherapist for sexual contact
exists for a patient or former patient for injury caused by sexual
contact with the psychotherapist, if the sexual contact occurred
under any of the following conditions:
   (1) During the period the patient was receiving psychotherapy from
the psychotherapist.
   (2) Within two years following termination of therapy.
   (3) By means of therapeutic deception.
   (c) The patient or former patient may recover damages from a
psychotherapist who is found liable for sexual contact. It is not a
defense to the action that sexual contact with a patient occurred
outside a therapy or treatment session or that it occurred off the
premises regularly used by the psychotherapist for therapy or
treatment sessions. No cause of action shall exist between spouses
within a marriage.
   (d) In an action for sexual contact, evidence of the plaintiff's
sexual history is not subject to discovery and is not admissible as
evidence except in either of the following situations:
   (1) The plaintiff claims damage to sexual functioning.
   (2) The defendant requests a hearing prior to conducting discovery
and makes an offer of proof of the relevancy of the history, and the
court finds that the history is relevant and the probative value of
the history outweighs its prejudicial effect.
   The court shall allow the discovery or introduction as evidence
only of specific information or examples of the plaintiff's conduct
that are determined by the court to be relevant. The court's order
shall detail the information or conduct that is subject to discovery.



43.95.  (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any professional
society or any nonprofit corporation authorized by a professional
society to operate a referral service, or their agents, employees, or
members, for referring any member of the public to any professional
member of the society or service, or for acts of negligence or
conduct constituting unprofessional conduct committed by a
professional to whom a member of the public was referred, so long as
any of the foregoing persons or entities has acted without malice,
and the referral was made at no cost added to the initial referral
fee as part of a public service referral system organized under the
auspices of the professional society. Further, there shall be no
monetary liability on the part of, and no cause of action for damages
shall arise against, any professional society for providing a
telephone information library available for use by the general public
without charge, nor against any nonprofit corporation authorized by
a professional society for providing a telephone information library
available for use by the general public without charge. "Professional
society" includes legal, psychological, architectural, medical,
dental, dietetic, accounting, optometric, podiatric, pharmaceutic,
chiropractic, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However, if
the society has less than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society. "Professional
society" also includes organizations with referral services that have
been authorized by the State Bar of California and operated in
accordance with its Minimum Standards for a Lawyer Referral Service
in California, and organizations that have been established to
provide free assistance or representation to needy patients or
clients.
   (b) This section shall not apply whenever the professional
society, while making a referral to a professional member of the
society, fails to disclose the nature of any disciplinary action of
which it has actual knowledge taken by a state licensing agency
against that professional member. However, there shall be no duty to
disclose a disciplinary action in either of the following cases:
   (1) Where a disciplinary proceeding results in no disciplinary
action being taken against the professional to whom a member of the
public was referred.
   (2) Where a period of three years has elapsed since the
professional to whom a member of the public was referred has
satisfied any terms, conditions, or sanctions imposed upon the
professional as disciplinary action; except that if the professional
is an attorney, there shall be no time limit on the duty to disclose.



43.96.  (a) Any medical or podiatric society, health facility
licensed or certified under Division 2 (commencing with Section 1200)
of the Health and Safety Code, state agency as defined in Section
11000 of the Government Code, or local government agency that
receives written complaints related to the professional competence or
professional conduct of a physician and surgeon or doctor of
podiatric medicine from the public shall inform the complainant that
the Medical Board of California or the California Board of Podiatric
Medicine, as the case may be, is the only authority in the state that
may take disciplinary action against the license of the named
licensee, and shall provide to the complainant the address and
toll-free telephone number of the applicable state board.
   (b) The immunity provided in Section 2318 of the Business and
Professions Code and in Section 47 shall apply to complaints and
information made or provided to a board pursuant to this section.




43.97.  There shall be no monetary liability on the part of, and no
cause of action for damages, other than economic or pecuniary
damages, shall arise against, a hospital for any action taken upon
the recommendation of its medical staff, or against any other person
or organization for any action taken, or restriction imposed, which
is required to be reported pursuant to Section 805 of the Business
and Professions Code, if that action or restriction is reported in
accordance with Section 805 of the Business and Professions Code.
This section shall not apply to an action knowingly and intentionally
taken for the purpose of injuring a person affected by the action or
infringing upon a person's rights.


43.98.  (a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any consultant on account of
any communication by that consultant to the Director of the
Department of Managed Health Care or any other officer, employee,
agent, contractor, or consultant of the Department of Managed Health
Care, when that communication is for the purpose of determining
whether health care services have been or are being arranged or
provided in accordance with the Knox-Keene Health Care Service Plan
Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code) and any regulation adopted thereunder
and the consultant does all of the following:
   (1) Acts without malice.
   (2) Makes a reasonable effort to obtain the facts of the matter
communicated.
   (3) Acts with a reasonable belief that the communication is
warranted by the facts actually known to the consultant after a
reasonable effort to obtain the facts.
   (4) Acts pursuant to a contract entered into on or after January
1, 1998, between the Commissioner of Corporations and a state
licensing board or committee, including, but not limited to, the
Medical Board of California, or pursuant to a contract entered into
on or after January 1, 1998, with the Commissioner of Corporations
pursuant to Section 1397.6 of the Health and Safety Code.
   (5) Acts pursuant to a contract entered into on or after July 1,
2000, between the Director of the Department of Managed Health Care
and a state licensing board or committee, including, but not limited
to, the Medical Board of California, or pursuant to a contract
entered into on or after July 1, 1999, with the Director of the
Department of Managed Health Care pursuant to Section 1397.6 of the
Health and Safety Code.
   (b) The immunities afforded by this section shall not affect the
availability of any other privilege or immunity which may be afforded
under this part. Nothing in this section shall be construed to alter
the laws regarding the confidentiality of medical records.



43.99.  (a) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any person or
other legal entity that is under contract with an applicant for a
residential building permit to provide independent quality review of
the plans and specifications provided with the application in order
to determine compliance with all applicable requirements imposed
pursuant to the State Housing Law (Part 1.5 (commencing with Section
17910) of Division 13 of the Health and Safety Code), or any rules or
regulations adopted pursuant to that law, or under contract with
that applicant to provide independent quality review of the work of
improvement to determine compliance with these plans and
specifications, if the person or other legal entity meets the
requirements of this section and one of the following applies:
   (1) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and has obtained certification as a building inspector,
combination inspector, or combination dwelling inspector from the
International Conference of Building Officials (ICBO) and has
successfully passed the technical written examination promulgated by
ICBO for those certification categories.
   (2) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and is a registered professional engineer, licensed general
contractor, or a licensed architect rendering independent quality
review of the work of improvement or plan examination services within
the scope of his or her registration or licensure.
   (3) The immunity provided under this section does not apply to any
action initiated by the applicant who retained the qualified person.
   (4) A "qualified person" for purposes of this section means a
person holding a valid certification as one of those inspectors.
   (b) Except for qualified persons, this section shall not relieve
from, excuse, or lessen in any manner, the responsibility or
liability of any person, company, contractor, builder, developer,
architect, engineer, designer, or other individual or entity who
develops, improves, owns, operates, or manages any residential
building for any damages to persons or property caused by
construction or design defects. The fact that an inspection by a
qualified person has taken place may not be introduced as evidence in
a construction defect action, including any reports or other items
generated by the qualified person. This subdivision shall not apply
in any action initiated by the applicant who retained the qualified
person.
   (c) Nothing in this section, as it relates to construction
inspectors or plans examiners, shall be construed to alter the
requirements for licensure, or the jurisdiction, authority, or scope
of practice, of architects pursuant to Chapter 3 (commencing with
Section 5500) of Division 3 of the Business and Professions Code,
professional engineers pursuant to Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code, or general
contractors pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code.
   (d) Nothing in this section shall be construed to alter the
immunity of employees of the Department of Housing and Community
Development under the Tort Claims Act (Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code) when acting pursuant
to Section 17965 of the Health and Safety Code.
   (e) The qualifying person shall engage in no other construction,
design, planning, supervision, or activities of any kind on the work
of improvement, nor provide quality review services for any other
party on the work of improvement.
   (f) The qualifying person, or other legal entity, shall maintain
professional errors and omissions insurance coverage in an amount not
less than two million dollars ($2,000,000).
   (g) The immunity provided by subdivision (a) does not inure to the
benefit of the qualified person for damages caused to the applicant
solely by the negligence or willful misconduct of the qualified
person resulting from the provision of services under the contract
with the applicant.



44.  Defamation is effected by either of the following:
   (a) Libel.
   (b) Slander.



45.  Libel is a false and unprivileged publication by writing,
printing, picture, effigy, or other fixed representation to the eye,
which exposes any person to hatred, contempt, ridicule, or obloquy,
or which causes him to be shunned or avoided, or which has a tendency
to injure him in his occupation.



45a.  A libel which is defamatory of the plaintiff without the
necessity of explanatory matter, such as an inducement, innuendo or
other extrinsic fact, is said to be a libel on its face. Defamatory
language not libelous on its face is not actionable unless the
plaintiff alleges and proves that he has suffered special damage as a
proximate result thereof. Special damage is defined in Section 48a
of this code.



46.  Slander is a false and unprivileged publication, orally
uttered, and also communications by radio or any mechanical or other
means which:
   1. Charges any person with crime, or with having been indicted,
convicted, or punished for crime;
   2. Imputes in him the present existence of an infectious,
contagious, or loathsome disease;
   3. Tends directly to injure him in respect to his office,
profession, trade or business, either by imputing to him general
disqualification in those respects which the office or other
occupation peculiarly requires, or by imputing something with
reference to his office, profession, trade, or business that has a
natural tendency to lessen its profits;
   4. Imputes to him impotence or a want of chastity; or
   5. Which, by natural consequence, causes actual damage.




47.  A privileged publication or broadcast is one made:
   (a) In the proper discharge of an official duty.
   (b) In any (1) legislative proceeding, (2) judicial proceeding,
(3) in any other official proceeding authorized by law, or (4) in the
initiation or course of any other proceeding authorized by law and
reviewable pursuant to Chapter 2 (commencing with Section 1084) of
Title 1 of Part 3 of the Code of Civil Procedure, except as follows:
   (1) An allegation or averment contained in any pleading or
affidavit filed in an action for marital dissolution or legal
separation made of or concerning a person by or against whom no
affirmative relief is prayed in the action shall not be a privileged
publication or broadcast as to the person making the allegation or
averment within the meaning of this section unless the pleading is
verified or affidavit sworn to, and is made without malice, by one
having reasonable and probable cause for believing the truth of the
allegation or averment and unless the allegation or averment is
material and relevant to the issues in the action.
   (2) This subdivision does not make privileged any communication
made in furtherance of an act of intentional destruction or
alteration of physical evidence undertaken for the purpose of
depriving a party to litigation of the use of that evidence, whether
or not the content of the communication is the subject of a
subsequent publication or broadcast which is privileged pursuant to
this section. As used in this paragraph, "physical evidence" means
evidence specified in Section 250 of the Evidence Code or evidence
that is property of any type specified in Chapter 14 (commencing with
Section 2031.010) of Title 4 of Part 4 of the Code of Civil
Procedure.
   (3) This subdivision does not make privileged any communication
made in a judicial proceeding knowingly concealing the existence of
an insurance policy or policies.
   (4) A recorded lis pendens is not a privileged publication unless
it identifies an action previously filed with a court of competent
jurisdiction which affects the title or right of possession of real
property, as authorized or required by law.
   (c) In a communication, without malice, to a person interested
therein, (1) by one who is also interested, or (2) by one who stands
in such a relation to the person interested as to afford a reasonable
ground for supposing the motive for the communication to be
innocent, or (3) who is requested by the person interested to give
the information. This subdivision applies to and includes a
communication concerning the job performance or qualifications of an
applicant for employment, based upon credible evidence, made without
malice, by a current or former employer of the applicant to, and upon
request of, one whom the employer reasonably believes is a
prospective employer of the applicant. This subdivision authorizes a
current or former employer, or the employer's agent, to answer
whether or not the employer would rehire a current or former
employee. This subdivision shall not apply to a communication
concerning the speech or activities of an applicant for employment if
the speech or activities are constitutionally protected, or
otherwise protected by Section 527.3 of the Code of Civil Procedure
or any other provision of law.
   (d) (1) By a fair and true report in, or a communication to, a
public journal, of (A) a judicial, (B) legislative, or (C) other
public official proceeding, or (D) of anything said in the course
thereof, or (E) of a verified charge or complaint made by any person
to a public official, upon which complaint a warrant has been issued.
   (2) Nothing in paragraph (1) shall make privileged any
communication to a public journal that does any of the following:
   (A) Violates Rule 5-120 of the State Bar Rules of Professional
Conduct.
   (B) Breaches a court order.
   (C) Violates any requirement of confidentiality imposed by law.
   (e) By a fair and true report of (1) the proceedings of a public
meeting, if the meeting was lawfully convened for a lawful purpose
and open to the public, or (2) the publication of the matter
complained of was for the public benefit.



47.5.  Notwithstanding Section 47, a peace officer may bring an
action for defamation against an individual who has filed a complaint
with that officer's employing agency alleging misconduct, criminal
conduct, or incompetence, if that complaint is false, the complaint
was made with knowledge that it was false and that it was made with
spite, hatred, or ill will. Knowledge that the complaint was false
may be proved by a showing that the complainant had no reasonable
grounds to believe the statement was true and that the complainant
exhibited a reckless disregard for ascertaining the truth.



48.  In the case provided for in subdivision (c) of Section 47,
malice is not inferred from the communication.



48a.  1. In any action for damages for the publication of a libel in
a newspaper, or of a slander by radio broadcast, plaintiff shall
recover no more than special damages unless a correction be demanded
and be not published or broadcast, as hereinafter provided. Plaintiff
shall serve upon the publisher, at the place of publication or
broadcaster at the place of broadcast, a written notice specifying
the statements claimed to be libelous and demanding that the same be
corrected. Said notice and demand must be served within 20 days after
knowledge of the publication or broadcast of the statements claimed
to be libelous.
   2. If a correction be demanded within said period and be not
published or broadcast in substantially as conspicuous a manner in
said newspaper or on said broadcasting station as were the statements
claimed to be libelous, in a regular issue thereof published or
broadcast within three weeks after such service, plaintiff, if he
pleads and proves such notice, demand and failure to correct, and if
his cause of action be maintained, may recover general, special and
exemplary damages; provided that no exemplary damages may be
recovered unless the plaintiff shall prove that defendant made the
publication or broadcast with actual malice and then only in the
discretion of the court or jury, and actual malice shall not be
inferred or presumed from the publication or broadcast.
   3. A correction published or broadcast in substantially as
conspicuous a manner in said newspaper or on said broadcasting
station as the statements claimed in the complaint to be libelous,
prior to receipt of a demand therefor, shall be of the same force and
effect as though such correction had been published or broadcast
within three weeks after a demand therefor.
   4. As used herein, the terms "general damages," "special damages,"
"exemplary damages" and "actual malice," are defined as follows:
   (a) "General damages" are damages for loss of reputation, shame,
mortification and hurt feelings;
   (b) "Special damages" are all damages which plaintiff alleges and
proves that he has suffered in respect to his property, business,
trade, profession or occupation, including such amounts of money as
the plaintiff alleges and proves he has expended as a result of the
alleged libel, and no other;
   (c) "Exemplary damages" are damages which may in the discretion of
the court or jury be recovered in addition to general and special
damages for the sake of example and by way of punishing a defendant
who has made the publication or broadcast with actual malice;
   (d) "Actual malice" is that state of mind arising from hatred or
ill will toward the plaintiff; provided, however, that such a state
of mind occasioned by a good faith belief on the part of the
defendant in the truth of the libelous publication or broadcast at
the time it is published or broadcast shall not constitute actual
malice.



48.5.  (1) The owner, licensee or operator of a visual or sound
radio broadcasting station or network of stations, and the agents or
employees of any such owner, licensee or operator, shall not be
liable for any damages for any defamatory statement or matter
published or uttered in or as a part of a visual or sound radio
broadcast by one other than such owner, licensee or operator, or
agent or employee thereof, if it shall be alleged and proved by such
owner, licensee or operator, or agent or employee thereof, that such
owner, licensee or operator, or such agent or employee, has exercised
due care to prevent the publication or utterance of such statement
or matter in such broadcast.
   (2) If any defamatory statement or matter is published or uttered
in or as a part of a broadcast over the facilities of a network of
visual or sound radio broadcasting stations, the owner, licensee or
operator of any such station, or network of stations, and the agents
or employees thereof, other than the owner, licensee or operator of
the station, or network of stations, originating such broadcast, and
the agents or employees thereof, shall in no event be liable for any
damages for any such defamatory statement or matter.
   (3) In no event, however, shall any owner, licensee or operator of
such station or network of stations, or the agents or employees
thereof, be liable for any damages for any defamatory statement or
matter published or uttered, by one other than such owner, licensee
or operator, or agent or employee thereof, in or as a part of a
visual or sound radio broadcast by or on behalf of any candidate for
public office, which broadcast cannot be censored by reason of the
provisions of federal statute or regulation of the Federal
Communications Commission.
   (4) As used in this Part 2, the terms "radio," "radio broadcast,"
and "broadcast," are defined to include both visual and sound radio
broadcasting.
   (5) Nothing in this section contained shall deprive any such
owner, licensee or operator, or the agent or employee thereof, of any
rights under any other section of this Part 2.



48.7.  (a) No person charged by indictment, information, or other
accusatory pleading of child abuse may bring a civil libel or slander
action against the minor, the parent or guardian of the minor, or
any witness, based upon any statements made by the minor, parent or
guardian, or witness which are reasonably believed to be in
furtherance of the prosecution of the criminal charges while the
charges are pending before a trial court. The charges are not pending
within the meaning of this section after dismissal, after
pronouncement of judgment, or during an appeal from a judgment.
   Any applicable statute of limitations shall be tolled during the
period that such charges are pending before a trial court.
   (b) Whenever any complaint for libel or slander is filed which is
subject to the provisions of this section, no responsive pleading
shall be required to be filed until 30 days after the end of the
period set forth in subdivision (a).
   (c) Every complaint for libel or slander based on a statement that
the plaintiff committed an act of child abuse shall state that the
complaint is not barred by subdivision (a). A failure to include that
statement shall be grounds for a demurrer.
   (d) Whenever a demurrer against a complaint for libel or slander
is sustained on the basis that the complaint was filed in violation
of this section, attorney's fees and costs shall be awarded to the
prevailing party.
   (e) Whenever a prosecutor is informed by a minor, parent,
guardian, or witness that a complaint against one of those persons
has been filed which may be subject to the provisions of this
section, the prosecutor shall provide that person with a copy of this
section.
   (f) As used in this section, child abuse has the meaning set forth
in Section 11165 of the Penal Code.



48.8.  (a) A communication by any person to a school principal, or a
communication by a student attending the school to the student's
teacher or to a school counselor or school nurse and any report of
that communication to the school principal, stating that a specific
student or other specified person has made a threat to commit
violence or potential violence on the school grounds involving the
use of a firearm or other deadly or dangerous weapon, is a
communication on a matter of public concern and is subject to
liability in defamation only upon a showing by clear and convincing
evidence that the communication or report was made with knowledge of
its falsity or with reckless disregard for the truth or falsity of
the communication. Where punitive damages are alleged, the provisions
of Section 3294 shall also apply.
   (b) As used in this section, "school" means a public or private
school providing instruction in kindergarten or grades 1 to 12,
inclusive.



48.9.  (a) An organization which sponsors or conducts an anonymous
witness program, and its employees and agents, shall not be liable in
a civil action for damages resulting from its receipt of information
regarding possible criminal activity or from dissemination of that
information to a law enforcement agency.
   (b) The immunity provided by this section shall apply to any civil
action for damages, including, but not limited to, a defamation
action or an action for damages resulting from retaliation against a
person who provided information.
   (c) The immunity provided by this section shall not apply in any
of the following instances:
   (1) The information was disseminated with actual knowledge that it
was false.
   (2) The name of the provider of the information was disseminated
without that person's authorization and the dissemination was not
required by law.
   (3) The name of the provider of information was obtained and the
provider was not informed by the organization that the disclosure of
his or her name may be required by law.
   (d) As used in this section, an "anonymous witness program" means
a program whereby information relating to alleged criminal activity
is received from persons, whose names are not released without their
authorization unless required by law, and disseminated to law
enforcement agencies.


49.  The rights of personal relations forbid:
   (a) The abduction or enticement of a child from a parent, or from
a guardian entitled to its custody;
   (b) The seduction of a person under the age of legal consent;
   (c) Any injury to a servant which affects his ability to serve his
master, other than seduction, abduction or criminal conversation.



Ý50.]  Section Fifty. Any necessary force may be used to protect
from wrongful injury the person or property of oneself, or of a wife,
husband, child, parent, or other relative, or member of one's
family, or of a ward, servant, master, or guest.




51.  (a) This section shall be known, and may be cited, as the Unruh
Civil Rights Act.
   (b) All persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation are entitled to the full and equal
accommodations, advantages, facilities, privileges, or services in
all business establishments of every kind whatsoever.
   (c) This section shall not be construed to confer any right or
privilege on a person that is conditioned or limited by law or that
is applicable alike to persons of every sex, color, race, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation.
   (d) Nothing in this section shall be construed to require any
construction, alteration, repair, structural or otherwise, or
modification of any sort whatsoever, beyond that construction,
alteration, repair, or modification that is otherwise required by
other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall
anything in this section be construed to augment, restrict, or alter
in any way the authority of the State Architect to require
construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.
   (e) For purposes of this section:
   (1) "Disability" means any mental or physical disability as
defined in Sections 12926 and 12926.1 of the Government Code.
   (2) "Medical condition" has the same meaning as defined in
subdivision (h) of Section 12926 of the Government Code.
   (3) "Religion" includes all aspects of religious belief,
observance, and practice.
   (4) "Sex" has the same meaning as defined in subdivision (p) of
Section 12926 of the Government Code.
   (5) "Sex, race, color, religion, ancestry, national origin,
disability, medical condition, marital status, or sexual orientation"
includes a perception that the person has any particular
characteristic or characteristics within the listed categories or
that the person is associated with a person who has, or is perceived
to have, any particular characteristic or characteristics within the
listed categories.
   (6) "Sexual orientation" has the same meaning as defined in
subdivision (q) of Section 12926 of the Government Code.
   (f) A violation of the right of any individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) shall also
constitute a violation of this section.



51.1.  If a violation of Section 51, 51.5, 51.7, 51.9, or 52.1 is
alleged or the application or construction of any of these sections
is in issue in any proceeding in the Supreme Court of California, a
state court of appeal, or the appellate division of a superior court,
each party shall serve a copy of the party's brief or petition and
brief, on the State Solicitor General at the Office of the Attorney
General. No brief may be accepted for filing unless the proof of
service shows service on the State Solicitor General. Any party
failing to comply with this requirement shall be given a reasonable
opportunity to cure the failure before the court imposes any sanction
and, in that instance, the court shall allow the Attorney General
reasonable additional time to file a brief in the matter.



51.2.  (a) Section 51 shall be construed to prohibit a business
establishment from discriminating in the sale or rental of housing
based upon age. Where accommodations are designed to meet the
physical and social needs of senior citizens, a business
establishment may establish and preserve that housing for senior
citizens, pursuant to Section 51.3, except housing as to which
Section 51.3 is preempted by the prohibition in the federal Fair
Housing Amendments Act of 1988 (Public Law 100-430) and implementing
regulations against discrimination on the basis of familial status.
For accommodations constructed before February 8, 1982, that meet all
the criteria for senior citizen housing specified in Section 51.3, a
business establishment may establish and preserve that housing
development for senior citizens without the housing development being
designed to meet physical and social needs of senior citizens.
   (b) This section is intended to clarify the holdings in Marina
Point, Ltd. v. Wolfson (1982) 30 Cal.3d 72 and O'Connor v. Village
Green Owners Association (1983) 33 Cal.3d 790.
   (c) This section shall not apply to the County of Riverside.
   (d) A housing development for senior citizens constructed on or
after January 1, 2001, shall be presumed to be designed to meet the
physical and social needs of senior citizens if it includes all of
the following elements:
   (1) Entryways, walkways, and hallways in the common areas of the
development, and doorways and paths of access to and within the
housing units, shall be as wide as required by current laws
applicable to new multifamily housing construction for provision of
access to persons using a standard-width wheelchair.
   (2) Walkways and hallways in the common areas of the development
shall be equipped with standard height railings or grab bars to
assist persons who have difficulty with walking.
   (3) Walkways and hallways in the common areas shall have lighting
conditions which are of sufficient brightness to assist persons who
have difficulty seeing.
   (4) Access to all common areas and housing units within the
development shall be provided without use of stairs, either by means
of an elevator or sloped walking ramps.
   (5) The development shall be designed to encourage social contact
by providing at least one common room and at least some common open
space.
   (6) Refuse collection shall be provided in a manner that requires
a minimum of physical exertion by residents.
   (7) The development shall comply with all other applicable
requirements for access and design imposed by law, including, but not
limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the
Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and
the regulations promulgated at Title 24 of the California Code of
Regulations that relate to access for persons with disabilities or
handicaps. Nothing in this section shall be construed to limit or
reduce any right or obligation applicable under those laws.
   (e) Selection preferences based on age, imposed in connection with
a federally approved housing program, do not constitute age
discrimination in housing.



51.3.  (a) The Legislature finds and declares that this section is
essential to establish and preserve specially designed accessible
housing for senior citizens. There are senior citizens who need
special living environments and services, and find that there is an
inadequate supply of this type of housing in the state.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a disabled person or
person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident as
defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury. For purposes of this section, "disabled" means a
person who has a disability as defined in subdivision (b) of Section
54. A "disabling injury or illness" means an illness or injury which
results in a condition meeting the definition of disability set forth
in subdivision (b) of Section 54.
   (A) For any person who is a qualified permanent resident under
this paragraph whose disabling condition ends, the owner, board of
directors, or other governing body may require the formerly disabled
resident to cease residing in the development upon receipt of six
months' written notice; provided, however, that the owner, board of
directors, or other governing body may allow the person to remain a
resident for up to one year after the disabling condition ends.
   (B) The owner, board of directors, or other governing body of the
senior citizen housing development may take action to prohibit or
terminate occupancy by a person who is a qualified permanent resident
under this paragraph if the owner, board of directors, or other
governing body finds, based on credible and objective evidence, that
the person is likely to pose a significant threat to the health or
safety of others that cannot be ameliorated by means of a reasonable
accommodation; provided, however, that the action to prohibit or
terminate the occupancy may be taken only after doing both of the
following:
   (i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.
   (ii) Giving due consideration to the relevant, credible, and
objective information provided in the hearing. The evidence shall be
taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body in
order to preserve the privacy of the affected persons.
   The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to speak
on their behalf or to assist them in the matter.
   (4) "Senior citizen housing development" means a residential
development developed, substantially rehabilitated, or substantially
renovated for, senior citizens that has at least 35 dwelling units.
Any senior citizen housing development which is required to obtain a
public report under Section 11010 of the Business and Professions
Code and which submits its application for a public report after July
1, 2001, shall be required to have been issued a public report as a
senior citizen housing development under Section 11010.05 of the
Business and Professions Code. No housing development constructed
prior to January 1, 1985, shall fail to qualify as a senior citizen
housing development because it was not originally developed or put to
use for occupancy by senior citizens.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife, or persons who are domestic partners within the meaning of
Section 297 of the Family Code.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing
that care. For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and must
provide either assistance with necessary daily activities or medical
treatment, or both.
   A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit only if both of the following are applicable:
   (A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects to
return to his or her residence within 90 days from the date the
absence began.
   (B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.
   Upon written request by the senior citizen or an authorized person
acting for the senior citizen, the owner, board of directors, or
governing board shall have the discretion to allow a permitted health
care resident to remain for a time period longer than 90 days from
the date that the senior citizen's absence began, if it appears that
the senior citizen will return within a period of time not to exceed
an additional 90 days.
   (c) The covenants, conditions, and restrictions and other
documents or written policy shall set forth the limitations on
occupancy, residency, or use on the basis of age. Any such limitation
shall not be more exclusive than to require that one person in
residence in each dwelling unit may be required to be a senior
citizen and that each other resident in the same dwelling unit may be
required to be a qualified permanent resident, a permitted health
care resident, or a person under 55 years of age whose occupancy is
permitted under subdivision (h) of this section or under subdivision
(b) of Section 51.4. That limitation may be less exclusive, but shall
at least require that the persons commencing any occupancy of a
dwelling unit include a senior citizen who intends to reside in the
unit as his or her primary residence on a permanent basis. The
application of the rules set forth in this subdivision regarding
limitations on occupancy may result in less than all of the dwellings
being actually occupied by a senior citizen.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 55 years of age for periods of time, not less than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident. This subdivision shall not apply to a
permitted health care resident.
   (f) The condominium, stock cooperative, limited-equity housing
cooperative, planned development, or multiple-family residential
rental property shall have been developed for, and initially been put
to use as, housing for senior citizens, or shall have been
substantially rehabilitated or renovated for, and immediately
afterward put to use as, housing for senior citizens, as provided in
this section; provided, however, that no housing development
constructed prior to January 1, 1985, shall fail to qualify as a
senior citizen housing development because it was not originally
developed for or originally put to use for occupancy by senior
citizens.
   (g) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (h) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on January 1,
1985, shall not be deprived of the right to continue that residency,
occupancy, or use as the result of the enactment of this section.
   (i) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation. For purposes of this subdivision, the term "for
compensation" shall include provisions of lodging and food in
exchange for care.
   (j) Notwithstanding any other provision of this section, this
section shall not apply to the County of Riverside.



51.4.  (a) The Legislature finds and declares that the requirements
for senior housing under Sections 51.2 and 51.3 are more stringent
than the requirements for that housing under the federal Fair Housing
Amendments Act of 1988 (P.L. 100-430) in recognition of the acute
shortage of housing for families with children in California. The
Legislature further finds and declares that the special design
requirements for senior housing under Sections 51.2 and 51.3 may pose
a hardship to some housing developments that were constructed before
the decision in Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721.
The Legislature further finds and declares that the requirement for
specially designed accommodations in senior housing under Sections
51.2 and 51.3 provides important benefits to senior citizens and also
ensures that housing exempt from the prohibition of age
discrimination is carefully tailored to meet the compelling societal
interest in providing senior housing.
   (b) Any person who resided in, occupied, or used, prior to January
1, 1990, a dwelling in a senior citizen housing development that
relied on the exemption to the special design requirement provided by
this section prior to January 1, 2001, shall not be deprived of the
right to continue that residency, occupancy, or use as the result of
the changes made to this section by the enactment of Chapter 1004 of
the Statutes of 2000.
   (c) This section shall not apply to the County of Riverside.



51.5.  (a) No business establishment of any kind whatsoever shall
discriminate against, boycott or blacklist, or refuse to buy from,
contract with, sell to, or trade with any person in this state on
account of any characteristic listed or defined in subdivision (b) or
(e) of Section 51, or of the person's partners, members,
stockholders, directors, officers, managers, superintendents, agents,
employees, business associates, suppliers, or customers, because the
person is perceived to have one or more of those characteristics, or
because the person is associated with a person who has, or is
perceived to have, any of those characteristics.
   (b) As used in this section, "person" includes any person, firm,
association, organization, partnership, business trust, corporation,
limited liability company, or company.
   (c) This section shall not be construed to require any
construction, alteration, repair, structural or otherwise, or
modification of any sort whatsoever, beyond that construction,
alteration, repair, or modification that is otherwise required by
other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall
this section be construed to augment, restrict, or alter in any way
the authority of the State Architect to require construction,
alteration, repair, or modifications that the State Architect
otherwise possesses pursuant to other laws.


51.6.  (a) This section shall be known, and may be cited, as the
Gender Tax Repeal Act of 1995.
   (b) No business establishment of any kind whatsoever may
discriminate, with respect to the price charged for services of
similar or like kind, against a person because of the person's
gender.
   (c) Nothing in subdivision (b) prohibits price differences based
specifically upon the amount of time, difficulty, or cost of
providing the services.
   (d) Except as provided in subdivision (f), the remedies for a
violation of this section are the remedies provided in subdivision
(a) of Section 52. However, an action under this section is
independent of any other remedy or procedure that may be available to
an aggrieved party.
   (e) This act does not alter or affect the provisions of the Health
and Safety Code, the Insurance Code, or other laws that govern
health care service plan or insurer underwriting or rating practices.
   (f) (1) The following business establishments shall clearly and
conspicuously disclose to the customer in writing the pricing for
each standard service provided:
   (A) Tailors or businesses providing aftermarket clothing
alterations.
   (B) Barbers or hair salons.
   (C) Dry cleaners and laundries providing services to individuals.
   (2) The price list shall be posted in an area conspicuous to
customers. Posted price lists shall be in no less than 14-point
boldface type and clearly and completely display pricing for every
standard service offered by the business under paragraph (1).
   (3) The business establishment shall provide the customer with a
complete written price list upon request.
   (4) The business establishment shall display in a conspicuous
place at least one clearly visible sign, printed in no less than
24-point boldface type, which reads: "CALIFORNIA LAW PROHIBITS ANY
BUSINESS ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE
CHARGED FOR SERVICES OF SIMILAR OR LIKE KIND, AGAINST A PERSON
BECAUSE OF THE PERSON'S GENDER. A COMPLETE PRICE LIST IS AVAILABLE
UPON REQUEST."
   (5) A business establishment that fails to correct a violation of
this subdivision within 30 days of receiving written notice of the
violation is liable for a civil penalty of one thousand dollars
($1,000).
   (6) For the purposes of this subdivision, "standard service" means
the 15 most frequently requested services provided by the business.



51.7.  (a) All persons within the jurisdiction of this state have
the right to be free from any violence, or intimidation by threat of
violence, committed against their persons or property because of
political affiliation, or on account of any characteristic listed or
defined in subdivision (b) or (e) of Section 51, or position in a
labor dispute, or because another person perceives them to have one
or more of those characteristics. The identification in this
subdivision of particular bases of discrimination is illustrative
rather than restrictive.
   (b) This section does not apply to statements concerning positions
in a labor dispute which are made during otherwise lawful labor
picketing.


51.8.  (a) No franchisor shall discriminate in the granting of
franchises solely on account of any characteristic listed or defined
in subdivision (b) or (e) of Section 51 of the franchisee and the
composition of a neighborhood or geographic area reflecting any
characteristic listed or defined in subdivision (b) or (e) of Section
51 in which the franchise is located. Nothing in this section shall
be interpreted to prohibit a franchisor from granting a franchise to
prospective franchisees as part of a program or programs to make
franchises available to persons lacking the capital, training,
business experience, or other qualifications ordinarily required of
franchisees, or any other affirmative action program adopted by the
franchisor.
   (b) Nothing in this section shall be construed to require any
construction, alteration, repair, structural or otherwise, or
modification of any sort whatsoever, beyond that construction,
alteration, repair, or modification that is otherwise required by
other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall
anything in this section be construed to augment, restrict, or alter
in any way the authority of the State Architect to require
construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.



51.9.  (a) A person is liable in a cause of action for sexual
harassment under this section when the plaintiff proves all of the
following elements:
   (1) There is a business, service, or professional relationship
between the plaintiff and defendant. Such a relationship may exist
between a plaintiff and a person, including, but not limited to, any
of the following persons:
   (A) Physician, psychotherapist, or dentist. For purposes of this
section, "psychotherapist" has the same meaning as set forth in
paragraph (1) of subdivision (c) of Section 728 of the Business and
Professions Code.
   (B) Attorney, holder of a master's degree in social work, real
estate agent, real estate appraiser, accountant, banker, trust
officer, financial planner loan officer, collection service, building
contractor, or escrow loan officer.
   (C) Executor, trustee, or administrator.
   (D) Landlord or property manager.
   (E) Teacher.
   (F) A relationship that is substantially similar to any of the
above.
   (2) The defendant has made sexual advances, solicitations, sexual
requests, demands for sexual compliance by the plaintiff, or engaged
in other verbal, visual, or physical conduct of a sexual nature or of
a hostile nature based on gender, that were unwelcome and pervasive
or severe.
   (3) There is an inability by the plaintiff to easily terminate the
relationship.
   (4) The plaintiff has suffered or will suffer economic loss or
disadvantage or personal injury, including, but not limited to,
emotional distress or the violation of a statutory or constitutional
right, as a result of the conduct described in paragraph (2).
   (b) In an action pursuant to this section, damages shall be
awarded as provided by subdivision (b) of Section 52.
   (c) Nothing in this section shall be construed to limit
application of any other remedies or rights provided under the law.
   (d) The definition of sexual harassment and the standards for
determining liability set forth in this section shall be limited to
determining liability only with regard to a cause of action brought
under this section.



51.10.  (a) Section 51 shall be construed to prohibit a business
establishment from discriminating in the sale or rental of housing
based upon age. A business establishment may establish and preserve
housing for senior citizens, pursuant to Section 51.11, except
housing as to which Section 51.11 is preempted by the prohibition in
the federal Fair Housing Amendments Act of 1988 (Public Law 100-430)
and implementing regulations against discrimination on the basis of
familial status.
   (b) This section is intended to clarify the holdings in Marina
Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, and O'Connor v. Village
Green Owners Association (1983) 33 Cal.3d 790.
   (c) Selection preferences based on age, imposed in connection with
a federally approved housing program, do not constitute age
discrimination in housing.
   (d) This section shall only apply to the County of Riverside.




51.11.  (a) The Legislature finds and declares that this section is
essential to establish and preserve housing for senior citizens.
There are senior citizens who need special living environments, and
find that there is an inadequate supply of this type of housing in
the state.
   (b) For the purposes of this section, the following definitions
apply:
   (1) "Qualifying resident" or "senior citizen" means a person 62
years of age or older, or 55 years of age or older in a senior
citizen housing development.
   (2) "Qualified permanent resident" means a person who meets both
of the following requirements:
   (A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or
senior citizen.
   (B) Was 45 years of age or older, or was a spouse, cohabitant, or
person providing primary physical or economic support to the
qualifying resident or senior citizen.
   (3) "Qualified permanent resident" also means a disabled person or
person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident as
defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury. For purposes of this section, "disabled" means a
person who has a disability as defined in subdivision (b) of Section
54. A "disabling injury or illness" means an illness or injury which
results in a condition meeting the definition of disability set forth
in subdivision (b) of Section 54.
   (A) For any person who is a qualified permanent resident under
paragraph (3) whose disabling condition ends, the owner, board of
directors, or other governing body may require the formerly disabled
resident to cease residing in the development upon receipt of six
months' written notice; provided, however, that the owner, board of
directors, or other governing body may allow the person to remain a
resident for up to one year, after the disabling condition ends.
   (B) The owner, board of directors, or other governing body of the
senior citizen housing development may take action to prohibit or
terminate occupancy by a person who is a qualified permanent resident
under paragraph (3) if the owner, board of directors, or other
governing body finds, based on credible and objective evidence, that
the person is likely to pose a significant threat to the health or
safety of others that cannot be ameliorated by means of a reasonable
accommodation; provided, however, that action to prohibit or
terminate the occupancy may be taken only after doing both of the
following:
   (i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.
   (ii) Giving due consideration to the relevant, credible, and
objective information provided in that hearing. The evidence shall be
taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body in
order to preserve the privacy of the affected persons.
   The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to speak
on their behalf or to assist them in the matter.
   (4) "Senior citizen housing development" means a residential
development developed with more than 20 units as a senior community
by its developer and zoned as a senior community by a local
governmental entity, or characterized as a senior community in its
governing documents, as these are defined in Section 1351, or
qualified as a senior community under the federal Fair Housing
Amendments Act of 1988, as amended. Any senior citizen housing
development which is required to obtain a public report under Section
11010 of the Business and Professions Code and which submits its
application for a public report after July 1, 2001, shall be required
to have been issued a public report as a senior citizen housing
development under Section 11010.05 of the Business and Professions
Code.
   (5) "Dwelling unit" or "housing" means any residential
accommodation other than a mobilehome.
   (6) "Cohabitant" refers to persons who live together as husband
and wife, or persons who are domestic partners within the meaning of
Section 297 of the Family Code.
   (7) "Permitted health care resident" means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing
that care. For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and must
provide either assistance with necessary daily activities or medical
treatment, or both.
   A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit only if both of the following are applicable:
   (A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects to
return to his or her residence within 90 days from the date the
absence began.
   (B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.
   Upon written request by the senior citizen or an authorized person
acting for the senior citizen, the owner, board of directors, or
governing board shall have the discretion to allow a permitted health
care resident to remain for a time period longer than 90 days from
the date that the senior citizen's absence began, if it appears that
the senior citizen will return within a period of time not to exceed
an additional 90 days.
   (c) The covenants, conditions, and restrictions and other
documents or written policy shall set forth the limitations on
occupancy, residency, or use on the basis of age. Any such limitation
shall not be more exclusive than to require that one person in
residence in each dwelling unit may be required to be a senior
citizen and that each other resident in the same dwelling unit may be
required to be a qualified permanent resident, a permitted health
care resident, or a person under 55 years of age whose occupancy is
permitted under subdivision (g) of this section or subdivision (b) of
Section 51.12. That limitation may be less exclusive, but shall at
least require that the persons commencing any occupancy of a dwelling
unit include a senior citizen who intends to reside in the unit as
his or her primary residence on a permanent basis. The application of
the rules set forth in this subdivision regarding limitations on
occupancy may result in less than all of the dwellings being actually
occupied by a senior citizen.
   (d) The covenants, conditions, and restrictions or other documents
or written policy shall permit temporary residency, as a guest of a
senior citizen or qualified permanent resident, by a person of less
than 55 years of age for periods of time, not more than 60 days in
any year, that are specified in the covenants, conditions, and
restrictions or other documents or written policy.
   (e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident. This subdivision shall not apply to a
permitted health care resident.
   (f) The covenants, conditions, and restrictions or other documents
or written policies applicable to any condominium, stock
cooperative, limited-equity housing cooperative, planned development,
or multiple-family residential property that contained age
restrictions on January 1, 1984, shall be enforceable only to the
extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.
   (g) Any person who has the right to reside in, occupy, or use the
housing or an unimproved lot subject to this section on or after
January 1, 1985, shall not be deprived of the right to continue that
residency, occupancy, or use as the result of the enactment of this
section by Chapter 1147 of the Statutes of 1996.
   (h) A housing development may qualify as a senior citizen housing
development under this section even though, as of January 1, 1997, it
does not meet the definition of a senior citizen housing development
specified in subdivision (b), if the development complies with that
definition for every unit that becomes occupied after January 1,
1997, and if the development was once within that definition, and
then became noncompliant with the definition as the result of any one
of the following:
   (1) The development was ordered by a court or a local, state, or
federal enforcement agency to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development.
   (2) The development received a notice of a pending or proposed
action in, or by, a court, or a local, state, or federal enforcement
agency, which action could have resulted in the development being
ordered by a court or a state or federal enforcement agency to allow
persons other than qualifying residents, qualified permanent
residents, or permitted health care residents to reside in the
development.
   (3) The development agreed to allow persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development by entering into a
stipulation, conciliation agreement, or settlement agreement with a
local, state, or federal enforcement agency or with a private party
who had filed, or indicated an intent to file, a complaint against
the development with a local, state, or federal enforcement agency,
or file an action in a court.
   (4) The development allowed persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development on the advice of counsel in
order to prevent the possibility of an action being filed by a
private party or by a local, state, or federal enforcement agency.
   (i) The covenants, conditions, and restrictions or other documents
or written policy of the senior citizen housing development shall
permit the occupancy of a dwelling unit by a permitted health care
resident during any period that the person is actually providing
live-in, long-term, or hospice health care to a qualifying resident
for compensation.
   (j) This section shall only apply to the County of Riverside.



51.12.  (a) The Legislature finds and declares that the requirements
for senior housing under Sections 51.10 and 51.11 are more stringent
than the requirements for that housing under the federal Fair
Housing Amendments Act of 1988 (Public Law 100-430).
   (b) Any person who resided in, occupied, or used, prior to January
1, 1990, a dwelling in a senior citizen housing development which
relied on the exemption to the special design requirement provided by
Section 51.4 as that section read prior to January 1, 2001, shall
not be deprived of the right to continue that residency, or
occupancy, or use as the result of the changes made to this section
by the enactment of Senate Bill 1382 or Senate Bill 2011 at the
1999-2000 Regular Session of the Legislature.
   (c) This section shall only apply to the County of Riverside.



51.13.  Any discount or other benefit offered to or conferred on a
consumer or prospective consumer by a business because the consumer
or prospective consumer has suffered the loss or reduction of
employment or reduction of wages shall not be considered an arbitrary
discrimination in violation of Section 51.



52.  (a) Whoever denies, aids or incites a denial, or makes any
discrimination or distinction contrary to Section 51, 51.5, or 51.6,
is liable for each and every offense for the actual damages, and any
amount that may be determined by a jury, or a court sitting without a
jury, up to a maximum of three times the amount of actual damage but
in no case less than four thousand dollars ($4,000), and any
attorney's fees that may be determined by the court in addition
thereto, suffered by any person denied the rights provided in Section
51, 51.5, or 51.6.
   (b) Whoever denies the right provided by Section 51.7 or 51.9, or
aids, incites, or conspires in that denial, is liable for each and
every offense for the actual damages suffered by any person denied
that right and, in addition, the following:
   (1) An amount to be determined by a jury, or a court sitting
without a jury, for exemplary damages.
   (2) A civil penalty of twenty-five thousand dollars ($25,000) to
be awarded to the person denied the right provided by Section 51.7 in
any action brought by the person denied the right, or by the
Attorney General, a district attorney, or a city attorney. An action
for that penalty brought pursuant to Section 51.7 shall be commenced
within three years of the alleged practice.
   (3) Attorney's fees as may be determined by the court.
   (c) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in conduct of resistance to the full
enjoyment of any of the rights described in this section, and that
conduct is of that nature and is intended to deny the full exercise
of those rights, the Attorney General, any district attorney or city
attorney, or any person aggrieved by the conduct may bring a civil
action in the appropriate court by filing with it a complaint. The
complaint shall contain the following:
   (1) The signature of the officer, or, in his or her absence, the
individual acting on behalf of the officer, or the signature of the
person aggrieved.
   (2) The facts pertaining to the conduct.
   (3) A request for preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other
order against the person or persons responsible for the conduct, as
the complainant deems necessary to ensure the full enjoyment of the
rights described in this section.
   (d) Whenever an action has been commenced in any court seeking
relief from the denial of equal protection of the laws under the
Fourteenth Amendment to the Constitution of the United States on
account of race, color, religion, sex, national origin, or
disability, the Attorney General or any district attorney or city
attorney for or in the name of the people of the State of California
may intervene in the action upon timely application if the Attorney
General or any district attorney or city attorney certifies that the
case is of general public importance. In that action, the people of
the State of California shall be entitled to the same relief as if it
had instituted the action.
   (e) Actions brought pursuant to this section are independent of
any other actions, remedies, or procedures that may be available to
an aggrieved party pursuant to any other law.
   (f) Any person claiming to be aggrieved by an alleged unlawful
practice in violation of Section 51 or 51.7 may also file a verified
complaint with the Department of Fair Employment and Housing pursuant
to Section 12948 of the Government Code.
   (g) This section does not require any construction, alteration,
repair, structural or otherwise, or modification of any sort
whatsoever, beyond that construction, alteration, repair, or
modification that is otherwise required by other provisions of law,
to any new or existing establishment, facility, building,
improvement, or any other structure, nor does this section augment,
restrict, or alter in any way the authority of the State Architect to
require construction, alteration, repair, or modifications that the
State Architect otherwise possesses pursuant to other laws.
   (h) For the purposes of this section, "actual damages" means
special and general damages. This subdivision is declaratory of
existing law.



52.1.  (a) If a person or persons, whether or not acting under color
of law, interferes by threats, intimidation, or coercion, or
attempts to interfere by threats, intimidation, or coercion, with the
exercise or enjoyment by any individual or individuals of rights
secured by the Constitution or laws of the United States, or of the
rights secured by the Constitution or laws of this state, the
Attorney General, or any district attorney or city attorney may bring
a civil action for injunctive and other appropriate equitable relief
in the name of the people of the State of California, in order to
protect the peaceable exercise or enjoyment of the right or rights
secured. An action brought by the Attorney General, any district
attorney, or any city attorney may also seek a civil penalty of
twenty-five thousand dollars ($25,000). If this civil penalty is
requested, it shall be assessed individually against each person who
is determined to have violated this section and the penalty shall be
awarded to each individual whose rights under this section are
determined to have been violated.
   (b) Any individual whose exercise or enjoyment of rights secured
by the Constitution or laws of the United States, or of rights
secured by the Constitution or laws of this state, has been
interfered with, or attempted to be interfered with, as described in
subdivision (a), may institute and prosecute in his or her own name
and on his or her own behalf a civil action for damages, including,
but not limited to, damages under Section 52, injunctive relief, and
other appropriate equitable relief to protect the peaceable exercise
or enjoyment of the right or rights secured.
   (c) An action brought pursuant to subdivision (a) or (b) may be
filed either in the superior court for the county in which the
conduct complained of occurred or in the superior court for the
county in which a person whose conduct complained of resides or has
his or her place of business. An action brought by the Attorney
General pursuant to subdivision (a) also may be filed in the superior
court for any county wherein the Attorney General has an office, and
in that case, the jurisdiction of the court shall extend throughout
the state.
   (d) If a court issues a temporary restraining order or a
preliminary or permanent injunction in an action brought pursuant to
subdivision (a) or (b), ordering a defendant to refrain from conduct
or activities, the order issued shall include the following
statement: VIOLATION OF THIS ORDER IS A CRIME PUNISHABLE UNDER
SECTION 422.77 OF THE PENAL CODE.
   (e) The court shall order the plaintiff or the attorney for the
plaintiff to deliver, or the clerk of the court to mail, two copies
of any order, extension, modification, or termination thereof granted
pursuant to this section, by the close of the business day on which
the order, extension, modification, or termination was granted, to
each local law enforcement agency having jurisdiction over the
residence of the plaintiff and any other locations where the court
determines that acts of violence against the plaintiff are likely to
occur. Those local law enforcement agencies shall be designated by
the plaintiff or the attorney for the plaintiff. Each appropriate law
enforcement agency receiving any order, extension, or modification
of any order issued pursuant to this section shall serve forthwith
one copy thereof upon the defendant. Each appropriate law enforcement
agency shall provide to any law enforcement officer responding to
the scene of reported violence, information as to the existence of,
terms, and current status of, any order issued pursuant to this
section.
   (f) A court shall not have jurisdiction to issue an order or
injunction under this section, if that order or injunction would be
prohibited under Section 527.3 of the Code of Civil Procedure.
   (g) An action brought pursuant to this section is independent of
any other action, remedy, or procedure that may be available to an
aggrieved individual under any other provision of law, including, but
not limited to, an action, remedy, or procedure brought pursuant to
Section 51.7.
   (h) In addition to any damages, injunction, or other equitable
relief awarded in an action brought pursuant to subdivision (b), the
court may award the petitioner or plaintiff reasonable attorney's
fees.
   (i) A violation of an order described in subdivision (d) may be
punished either by prosecution under Section 422.77 of the Penal
Code, or by a proceeding for contempt brought pursuant to Title 5
(commencing with Section 1209) of Part 3 of the Code of Civil
Procedure. However, in any proceeding pursuant to the Code of Civil
Procedure, if it is determined that the person proceeded against is
guilty of the contempt charged, in addition to any other relief, a
fine may be imposed not exceeding one thousand dollars ($1,000), or
the person may be ordered imprisoned in a county jail not exceeding
six months, or the court may order both the imprisonment and fine.
   (j) Speech alone is not sufficient to support an action brought
pursuant to subdivision (a) or (b), except upon a showing that the
speech itself threatens violence against a specific person or group
of persons; and the person or group of persons against whom the
threat is directed reasonably fears that, because of the speech,
violence will be committed against them or their property and that
the person threatening violence had the apparent ability to carry out
the threat.
   (k) No order issued in any proceeding brought pursuant to
subdivision (a) or (b) shall restrict the content of any person's
speech. An order restricting the time, place, or manner of any person'
s speech shall do so only to the extent reasonably necessary to
protect the peaceable exercise or enjoyment of constitutional or
statutory rights, consistent with the constitutional rights of the
person sought to be enjoined.


52.2.  An action pursuant to Section 52 or 54.3 may be brought in
any court of competent jurisdiction. A "court of competent
jurisdiction" shall include small claims court if the amount of the
damages sought in the action does not exceed the jurisdictional
limits stated in Sections 116.220 and 116.221 of the Code of Civil
Procedure.



52.3.  (a) No governmental authority, or agent of a governmental
authority, or person acting on behalf of a governmental authority,
shall engage in a pattern or practice of conduct by law enforcement
officers that deprives any person of rights, privileges, or
immunities secured or protected by the Constitution or laws of the
United States or by the Constitution or laws of California.
   (b) The Attorney General may bring a civil action in the name of
the people to obtain appropriate equitable and declaratory relief to
eliminate the pattern or practice of conduct specified in subdivision
(a), whenever the Attorney General has reasonable cause to believe
that a violation of subdivision (a) has occurred.



52.4.  (a) Any person who has been subjected to gender violence may
bring a civil action for damages against any responsible party. The
plaintiff may seek actual damages, compensatory damages, punitive
damages, injunctive relief, any combination of those, or any other
appropriate relief. A prevailing plaintiff may also be awarded
attorney's fees and costs.
   (b) An action brought pursuant to this section shall be commenced
within three years of the act, or if the victim was a minor when the
act occurred, within eight years after the date the plaintiff attains
the age of majority or within three years after the date the
plaintiff discovers or reasonably should have discovered the
psychological injury or illness occurring after the age of majority
that was caused by the act, whichever date occurs later.
   (c) For purposes of this section, "gender violence," is a form of
sex discrimination and means any of the following:
   (1) One or more acts that would constitute a criminal offense
under state law that has as an element the use, attempted use, or
threatened use of physical force against the person or property of
another, committed at least in part based on the gender of the
victim, whether or not those acts have resulted in criminal
complaints, charges, prosecution, or conviction.
   (2) A physical intrusion or physical invasion of a sexual nature
under coercive conditions, whether or not those acts have resulted in
criminal complaints, charges, prosecution, or conviction.
   (d)  Notwithstanding any other laws that may establish the
liability of an employer for the acts of an employee, this section
does not establish any civil liability of a person because of his or
her status as an employer, unless the employer personally committed
an act of gender violence.



52.5.  (a) A victim of human trafficking, as defined in Section
236.1 of the Penal Code, may bring a civil action for actual damages,
compensatory damages, punitive damages, injunctive relief, any
combination of those, or any other appropriate relief. A prevailing
plaintiff may also be awarded attorney's fees and costs.
   (b) In addition to the remedies specified herein, in any action
under subdivision (a), the plaintiff may be awarded up to three times
his or her actual damages or ten thousand dollars ($10,000),
whichever is greater. In addition, punitive damages may also be
awarded upon proof of the defendant's malice, oppression, fraud, or
duress in committing the act of human trafficking.
   (c) An action brought pursuant to this section shall be commenced
within five years of the date on which the trafficking victim was
freed from the trafficking situation, or if the victim was a minor
when the act of human trafficking against the victim occurred, within
eight years after the date the plaintiff attains the age of
majority.
   (d) If a person entitled to sue is under a disability at the time
the cause of action accrues, so that it is impossible or
impracticable for him or her to bring an action, then the time of the
disability is not part of the time limited for the commencement of
the action. Disability will toll the running of the statute of
limitation for this action.
   (1) Disability includes being a minor, insanity, imprisonment, or
other incapacity or incompetence.
   (2) The statute of limitations shall not run against an
incompetent or minor plaintiff simply because a guardian ad litem has
been appointed. A guardian ad litem's failure to bring a plaintiff's
action within the applicable limitation period will not prejudice
the plaintiff's right to do so after his or her disability ceases.
   (3) A defendant is estopped to assert a defense of the statute of
limitations when the expiration of the statute is due to conduct by
the defendant inducing the plaintiff to delay the filing of the
action, or due to threats made by the defendant causing duress upon
the plaintiff.
   (4) The suspension of the statute of limitations due to
disability, lack of knowledge, or estoppel applies to all other
related claims arising out of the trafficking situation.
   (5) The running of the statute of limitations is postponed during
the pendency of any criminal proceedings against the victim.
   (e) The running of the statute of limitations may be suspended
where a person entitled to sue could not have reasonably discovered
the cause of action due to circumstances resulting from the
trafficking situation, such as psychological trauma, cultural and
linguistic isolation, and the inability to access services.
   (f) A prevailing plaintiff may also be awarded reasonable attorney'
s fees and litigation costs including, but not limited to, expert
witness fees and expenses as part of the costs.
   (g) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section. Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to the
provisions of Section 13963 of the Government Code.
   (h) Any civil action filed under this section shall be stayed
during the pendency of any criminal action arising out of the same
occurrence in which the claimant is the victim. As used in this
section, a "criminal action" includes investigation and prosecution,
and is pending until a final adjudication in the trial court, or
dismissal.


52.7.  (a) Except as provided in subdivision (g), a person shall not
require, coerce, or compel any other individual to undergo the
subcutaneous implanting of an identification device.
   (b) (1) Any person who violates subdivision (a) may be assessed an
initial civil penalty of no more than ten thousand dollars
($10,000), and no more than one thousand dollars ($1,000) for each
day the violation continues until the deficiency is corrected. That
civil penalty may be assessed and recovered in a civil action brought
in any court of competent jurisdiction. The court may also grant a
prevailing plaintiff reasonable attorney's fees and litigation costs,
including, but not limited to, expert witness fees and expenses as
part of the costs.
   (2) A person who is implanted with a subcutaneous identification
device in violation of subdivision (a) may bring a civil action for
actual damages, compensatory damages, punitive damages, injunctive
relief, any combination of those, or any other appropriate relief.
   (3) Additionally, punitive damages may also be awarded upon proof
of the defendant's malice, oppression, fraud, or duress in requiring,
coercing, or compelling the plaintiff to undergo the subcutaneous
implanting of an identification device.
   (c) (1) An action brought pursuant to this section shall be
commenced within three years of the date upon which the
identification device was implanted.
   (2) If the victim was a dependent adult or minor when the
implantation occurred, actions brought pursuant to this section shall
be commenced within three years after the date the plaintiff, or his
or her guardian or parent, discovered or reasonably should have
discovered the implant, or within eight years after the plaintiff
attains the age of majority, whichever date occurs later.
   (3) The statute of limitations shall not run against a dependent
adult or minor plaintiff simply because a guardian ad litem has been
appointed. A guardian ad litem's failure to bring a plaintiff's
action within the applicable limitation period will not prejudice the
plaintiff's right to do so.
   (4) A defendant is estopped to assert a defense of the statute of
limitations when the expiration of the statute is due to conduct by
the defendant inducing the plaintiff to delay the filing of the
action, or due to threats made by the defendant causing duress upon
the plaintiff.
   (d) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section. Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to the
provisions of Section 13963 of the Government Code.
   (e) The provisions of this section shall be liberally construed so
as to protect privacy and bodily integrity.
   (f) Actions brought pursuant to this section are independent of
any other actions, remedies, or procedures that may be available to
an aggrieved party pursuant to any other law.
   (g) This section shall not in any way modify existing statutory or
case law regarding the rights of parents or guardians, the rights of
children or minors, or the rights of dependent adults.
   (h) For purposes of this section:
   (1) "Identification device" means any item, application, or
product that is passively or actively capable of transmitting
personal information, including, but not limited to, devices using
radio frequency technology.
   (2) "Person" means an individual, business association,
partnership, limited partnership, corporation, limited liability
company, trust, estate, cooperative association, or other entity.
   (3) "Personal information" includes any of the following data
elements to the extent they are used alone or in conjunction with any
other information used to identify an individual:
   (A) First or last name.
   (B) Address.
   (C) Telephone number.
   (D) E-mail, Internet Protocol, or Web site address.
   (E) Date of birth.
   (F) Driver's license number or California identification card
number.
   (G) Any unique personal identifier number contained or encoded on
a driver's license or identification card issued pursuant to Section
13000 of the Vehicle Code.
   (H) Bank, credit card, or other financial institution account
number.
   (I) Any unique personal identifier contained or encoded on a
health insurance, health benefit, or benefit card or record issued in
conjunction with any government-supported aid program.
   (J) Religion.
   (K) Ethnicity or nationality.
   (L) Photograph.
   (M) Fingerprint or other biometric identifier.
   (N) Social security number.
   (O) Any unique personal identifier.
   (4) "Require, coerce, or compel" includes physical violence,
threat, intimidation, retaliation, the conditioning of any private or
public benefit or care on consent to implantation, including
employment, promotion, or other employment benefit, or by any means
that causes a reasonable person of ordinary susceptibilities to
acquiesce to implantation when he or she otherwise would not.
   (5) "Subcutaneous" means existing, performed, or introduced under
or on the skin.



53.  (a) Every provision in a written instrument relating to real
property that purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of that real property to any
person because of any characteristic listed or defined in subdivision
(b) or (e) of Section 51 is void, and every restriction or
prohibition as to the use or occupation of real property because of
any characteristic listed or defined in subdivision (b) or (e) of
Section 51 is void.
   (b) Every restriction or prohibition, whether by way of covenant,
condition upon use or occupation, or upon transfer of title to real
property, which restriction or prohibition directly or indirectly
limits the acquisition, use or occupation of that property because of
any characteristic listed or defined in subdivision (b) or (e) of
Section 51 is void.
   (c) In any action to declare that a restriction or prohibition
specified in subdivision (a) or (b) is void, the court shall take
judicial notice of the recorded instrument or instruments containing
the prohibitions or restrictions in the same manner that it takes
judicial notice of the matters listed in Section 452 of the Evidence
Code.