SECTIONS 1858-1858.3 - California Statutes

CIVIL CODE

SECTION 1858-1858.3

1858. As used in this article:
(a) "Customer" means a natural person who deals with a depositary.
(b) "Depositary" means a person who in the ordinary course of
business regularly receives property from customers for the purpose
of repair or alteration.
(c) "Property" means personal property used for or intended for
personal, family, or household purposes, but does not include any
motor vehicle within the meaning of Section 415 of the Vehicle Code.

1858.1. Every depositary shall, upon accepting property from a
customer, present the customer with written receipt which shall
include a statement, if such is the case, that such deposited
property is not insured or protected to the amount of the actual cash
value thereof by the depositary against loss occasioned by theft,
fire, and vandalism while such property remains with the depositary.

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.

1858.3. If the depositary by insurance or by self-insurance does
protect property deposited by customers for loss or damage occasioned
by theft, fire or vandalism while such property remains with the
depositary, such depositary need not make or deliver to customer any
notice thereof.