2005 California Civil Code Sections 1667-1670.6 TITLE 4. UNLAWFUL CONTRACTS

CIVIL CODE
SECTION 1667-1670.6

1667.  That is not lawful which is:
   1. Contrary to an express provision of law;
   2. Contrary to the policy of express law, though not expressly
prohibited; or,
   3. Otherwise contrary to good morals.
1668.  All contracts which have for their object, directly or
indirectly, to exempt any one from responsibility for his own fraud,
or willful injury to the person or property of another, or violation
of law, whether willful or negligent, are against the policy of the
law.
1669.  Every contract in restraint of the marriage of any person,
other than a minor, is void.
1669.5.  (a) Any contract for the payment of money or other
consideration to a minor who has been alleged to be the victim of an
unlawful sex act, or to his or her legal representative, by the
alleged perpetrator of that unlawful sex act, or his or her legal
representative, entered into on or after the time of the alleged
unlawful sex act, and providing for any payments to be made more than
one year after the date of the execution of the contract, is void as
contrary to public policy.  A district attorney may bring an action
or intervene in any action to enjoin enforcement of any contract
which is in violation of this section.
   (b) This section does not apply after the date of the final
judgment in a criminal case against the alleged perpetrator for the
unlawful sex act described in subdivision (a).
   (c) This section does not apply to a contract for the payment of
money or other consideration made from a nonrevocable trust
established for the benefit of the minor if the alleged perpetrator
has no direct or indirect access to, or control over, the trust.
   (d) This section does not apply to an alleged perpetrator of an
unlawful sex act against a minor to the extent he or she agrees to
pay, or is required by court order to pay, child support for that
minor upon a dissolution or legal separation.
   (e) For purposes of this section, "unlawful sex act," means a
felony sex offense committed against a minor.
   (f) Notwithstanding subdivision (a), any contract declared void as
contrary to public policy under this section may still be enforced
by a district attorney against the payor, and the proceeds thereof
shall be deposited in the State Children's Trust Fund pursuant to
Section 18969 of the Welfare and Institutions Code.
1669.7.  A contract for the payment of money or other consideration
in violation of Section 132.5 of the Penal Code is void as contrary
to public policy.  The Attorney General or the district attorney of
the county in which a violation of Section 132.5 of the Penal Code
occurs may bring a civil action, or intervene in any civil action, to
enjoin the enforcement of a contract that violates that section.
1670.  Any dispute arising from a construction contract with a
public agency, which contract contains a provision that one party to
the contract or one party's agent or employee shall decide any
disputes arising under that contract, shall be resolved by submitting
the dispute to independent arbitration, if mutually agreeable,
otherwise by litigation in a court of competent jurisdiction.
1670.5.  (a) If the court as a matter of law finds the contract or
any clause of the contract to have been unconscionable at the time it
was made the court may refuse to enforce the contract, or it may
enforce the remainder of the contract without the unconscionable
clause, or it may so limit the application of any unconscionable
clause as to avoid any unconscionable result.
   (b) When it is claimed or appears to the court that the contract
or any clause thereof may be unconscionable the parties shall be
afforded a reasonable opportunity to present evidence as to its
commercial setting, purpose, and effect to aid the court in making
the determination.
1670.6.  A contract with a consumer located in California for the
purchase of a good or service that is made in connection with a
telephone solicitation made in or from outside of California and is
primarily for personal, family, or household use, is unlawful if,
with respect to that telephone solicitation, the telemarketer is in
violation of Section 310.4(a)(6)(i) of, or has not complied with
Section 310.5(a)(5) of, the Federal Trade Commission's Telemarketing
Sales Rule (16 C.F.R. Part 310), as published in the Federal
Register, Volume 68, Number 19, on January 29, 2003. This section
shall apply only to those entities subject to, and does not apply to
any transaction exempted under Section 310.6 of, the Telemarketing
Sales Rule (16 C.F.R. Part 310), as published in the Federal
Register, Volume 68, Number 19, on January 29, 2003.


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