§ 9605. — 9605. (Amended by Stats. 2023, Ch. 210, Sec. 62.)

(a)
Except as provided in subdivision (b), a secured party does not owe a duty based on its status as secured party to either of the following persons:
(1)
To a person that is a debtor or obligor, unless the secured party knows all of the following:
(A)
That the person is a debtor or obligor.
(B)
The identity of the person.
(C)
How to communicate with the person.
(2)
To a secured party or lienholder that has
filed a financing statement against a person, unless the secured party knows both of the following:
(A)
That the person is a debtor.
(B)
The identity of the person.
(b)
A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later, both of the following conditions are satisfied:
(1)
The person is a debtor or obligor.
(2)
The secured
party knows that the information in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.

Legislative History

Amended by Stats. 2023, Ch. 210, Sec. 62. (SB 95) Effective January 1, 2024.