§ 10501. — 10501. (Amended by Stats. 2006, Ch. 254, Sec. 66.)

California § 10501.

• Jurisdiction: California
• Code COM: Commercial Code - COM
• Div. 10.: DIVISION 10. PERSONAL PROPERTY LEASES
• Ch. 5.: CHAPTER 5. Default
• Art. 1.: ARTICLE 1. In General

Text

(a)
Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this division.
(b)
If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this division and, except as limited by this division, as provided in the lease agreement.
(c)
If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party’s claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this division.
(d)
Except as otherwise provided in subdivision (a) of
Section 1305 or this division or the lease agreement, the rights and remedies referred to in subdivisions (b) and (c) are cumulative.
(e)
If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this chapter as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party’s rights and remedies in respect of the real property, in which case this chapter does not apply.

Legislative History

Amended by Stats. 2006, Ch. 254, Sec. 66. Effective January 1, 2007.