California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 3 — Deposit, Chapter 2 — Deposit for Keeping, Article 1 — General Provisions, Section 1838

If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositary is presumed to have willfully, or by gross negligence, permitted the loss or injury to occur.

Notes

Establishes a presumption that a depositary willfully or through gross negligence permitted loss or injury to deposited property when the depositary refuses to disclose known circumstances of the loss or injury or willfully misrepresents them. The presumption arises from that refusal to provide known information or from the willful misrepresentation.

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