California Codes, Civil Code - CIV, Division 3 — Obligations, Part 1 — Obligations in General, Title 2 — Interpretation of Obligations, Chapter 3 — Conditional Obligations, Section 1440
If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party.
Notes
Allows a party to enforce an obligation without first performing or offering to perform conditions owed to a counterparty who, before default, gives notice that the counterparty will not perform and fails to retract that notice before performance is due. The enforcement right depends on the unretracted advance refusal.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 1440 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-1/title-2/chapter-3/section-1440