California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 3 — Deposit, Chapter 2 — Deposit for Keeping, Article 3.5 — Deposits for Repair, Alteration or Sale, Section 1858.2

Every depositary who fails to furnish the receipt, or a statement thereon as required by Section 1858.1, or who makes any misrepresentation in such receipt, shall be strictly liable to the customer for any loss occasioned by theft, fire, or vandalism while such property remains with the depositary and shall forfeit any lien or other right to hold the property arising from services rendered in holding, repairing, altering, or selling the property. When liability is imposed upon a depositary under this section it shall be deemed as having been imposed for the commission of a willful act for the purposes of Section 533 of the Insurance Code.

Notes

Requires a depositary that fails to provide the required receipt or statement, or misrepresents information in it, to be strictly liable for customer losses from theft, fire, or vandalism while the property remains deposited. The depositary also forfeits any lien or holding right arising from services involving the property; the liability is treated as willful for the referenced insurance rule.

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