California CodesCivil Code - CIVDivision 3 — ObligationsPart 1 — Obligations in GeneralTitle 4 — Extinction of ObligationsChapter 2 — Offer of PerformanceSection 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.

Notes

Allows a debtor, absent an express contrary provision, to offer performance at a place appointed by the creditor, wherever the proper recipient can be found, at that recipient’s in-state residence or business when reasonable search fails or the recipient evades the debtor, or, if those options fail, anywhere within the state.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1489 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-1/title-4/chapter-2/section-1489

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