§ 1761. — 1761. (Amended by Stats. 2012, Ch. 457, Sec. 4.)

California § 1761.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.5.
• Part 4.: TITLE 1.5. CONSUMERS LEGAL REMEDIES ACT
• Ch. 2.: CHAPTER 2. Construction and Definitions

Text

As used in this title:
(a)
“Goods” means tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of real property, whether or not
they are severable from the real property.
(b)
“Services” means work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods.
(c)
“Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized.
(d)
“Consumer” means an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.
(e)
“Transaction” means an agreement between a consumer and another person, whether or not the agreement is a contract enforceable by action, and includes the making of, and the performance pursuant to, that agreement.
(f)
“Senior citizen” means a person who is 65 years of age or older.
(g)
“Disabled person” means a person who has a physical or mental impairment that substantially limits one or more major life activities.
(1)
As used in this subdivision, “physical or mental impairment” means any of the following:
(A)
A physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine.
(B)
A mental or psychological disorder, including intellectual
disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. “Physical or mental impairment” includes, but is not limited to, diseases and conditions that include orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, and emotional illness.
(2)
“Major life activities” means functions that include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(h)
“Home solicitation” means a transaction made at the consumer’s primary residence, except those transactions initiated by the consumer. A consumer response to an advertisement is not a home solicitation.

Legislative History

Amended by Stats. 2012, Ch. 457, Sec. 4. (SB 1381) Effective January 1, 2013.