2009 California Civil Code - Section 1485-1505 :: Chapter 2. Offer Of Performance

SECTION 1485-1505

1485.  An obligation is extinguished by an offer of performance,
made in conformity to the rules herein prescribed, and with intent to
extinguish the obligation.

1486.  An offer of partial performance is of no effect.

1487.  An offer of performance must be made by the debtor, or by
some person on his behalf and with his assent.

[1488.]  Section Fourteen Hundred and Eighty-eight. An offer of
performance must be made to the creditor, or to any one of two or
more joint creditors, or to a person authorized by one or more of
them to receive or collect what is due under the obligation, if such
creditor or authorized person is present at the place where the offer
may be made; and if not, wherever the creditor may be found.

1489.  In the absence of an express provision to the contrary, an
offer of performance may be made, at the option of the debtor:
   1. At any place appointed by the creditor; or,
   2. Wherever the person to whom the offer ought to be made can be
found; or,
   3. If such person cannot, with reasonable diligence, be found
within this State, and within a reasonable distance from his
residence or place of business, or if he evades the debtor, then at
his residence or place of business, if the same can, with reasonable
diligence, be found within the State; or,
   4. If this cannot be done, then at any place within this State.

1490.  Where an obligation fixes a time for its performance, an
offer of performance must be made at that time, within reasonable
hours, and not before nor afterwards.

1491.  Where an obligation does not fix the time for its
performance, an offer of performance may be made at any time before
the debtor, upon a reasonable demand, has refused to perform.

1492.  Where delay in performance is capable of exact and entire
compensation, and time has not been expressly declared to be of the
essence of the obligation, an offer of performance, accompanied with
an offer of such compensation, may be made at any time after it is
due, but without prejudice to any rights acquired by the creditor, or
by any other person, in the meantime.

1493.  An offer of performance must be made in good faith, and in
such manner as is most likely, under the circumstances, to benefit
the creditor.

1494.  An offer of performance must be free from any conditions
which the creditor is not bound, on his part, to perform.

1495.  An offer of performance is of no effect if the person making
it is not able and willing to perform according to the offer.

1496.  The thing to be delivered, if any, need not in any case be
actually produced, upon an offer of performance, unless the offer is

1497.  A thing, when offered by way of performance, must not be
mixed with other things from which it cannot be separated immediately
and without difficulty.

1498.  When a debtor is entitled to the performance of a condition
precedent to, or concurrent with, performance on his part, he may
make his offer to depend upon the due performance of such condition.

1499.  A debtor has a right to require from his creditor a written
receipt for any property delivered in performance of his obligation.

1500.  An obligation for the payment of money is extinguished by a
due offer of payment, if the amount is immediately deposited in the
name of the creditor, with some bank or savings and loan association
within this state, of good repute, and notice thereof is given to the

1501.  All objections to the mode of an offer of performance, which
the creditor has an opportunity to state at the time to the person
making the offer, and which could be then obviated by him, are waived
by the creditor, if not then stated.

1502.  The title to a thing duly offered in performance of an
obligation passes to the creditor, if the debtor at the time
signifies his intention to that effect.

1503.  The person offering a thing, other than money, by way of
performance, must, if he means to treat it as belonging to the
creditor, retain it as a depositary for hire, until the creditor
accepts it, or until he has given reasonable notice to the creditor
that he will retain it no longer, and, if with reasonable diligence
he can find a suitable depositary therefor, until he has deposited it
with such person.

1504.  An offer of payment or other performance, duly made, though
the title to the thing offered be not transferred to the creditor,
stops the running of interest on the obligation, and has the same
effect upon all its incidents as a performance thereof.

1505.  If anything is given to a creditor by way of performance,
which he refuses to accept as such, he is not bound to return it
without demand; but if he retains it, he is a gratuitous depositary

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