§ 2402. — 2402. (Amended by Stats. 1988, Ch. 1368, Sec. 9.)

California § 2402.

• Jurisdiction: California
• Code COM: Commercial Code - COM
• Div. 2.: DIVISION 2. SALES
• Ch. 4.: CHAPTER 4. Title, Creditors and Good Faith Purchasers

Text

(1)
Except as provided in subdivisions (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer’s rights to recover the goods under this division (Sections 2502 and 2716).
(2)
A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him or her a retention of possession by the seller is fraudulent or void under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent or void.
(3)
Nothing in this division shall be deemed to impair the rights of creditors of the seller:
(a)
Under the provisions of the division on secured transactions (Division 9);
or
(b)
Where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a pre-existing claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this division constitute the transaction a fraudulent transfer or voidable preference.

Legislative History

Amended by Stats. 1988, Ch. 1368, Sec. 9. Operative January 1, 1990, by Sec. 18 of Ch. 1368.