California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 3 — Of the Parties to Civil Actions, Chapter 1 — General Provisions, Section 368

In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before maturity.

Notes

Limits an assignee’s action on an assigned thing in action by preserving any setoff or other defense that existed at or before notice of the assignment. The rule does not apply to a negotiable promissory note or bill of exchange transferred in good faith, for good consideration, before maturity.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 368 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-3/chapter-1/section-368

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