California Civil Code. California

Чтение книги онлайн.

Читать онлайн книгу California Civil Code - California страница 18

California Civil Code - California

Скачать книгу

are independent of any other actions, remedies, or procedures that may be available to an aggrieved party pursuant to any other law.

      (g) This section shall not in any way modify existing statutory or case law regarding the rights of parents or guardians, the rights of children or minors, or the rights of dependent adults.

      (h) For purposes of this section:

      (1) “Identification device” means any item, application, or product that is passively or actively capable of transmitting personal information, including, but not limited to, devices using radio frequency technology.

      (2) “Person” means an individual, business association, partnership, limited partnership, corporation, limited liability company, trust, estate, cooperative association, or other entity.

      (3) “Personal information” includes any of the following data elements to the extent they are used alone or in conjunction with any other information used to identify an individual:

      (A) First or last name.

      (B) Address.

      (C) Telephone number.

      (D) E-mail, Internet Protocol, or Web site address.

      (E) Date of birth.

      (F) Driver’s license number or California identification card number.

      (G) Any unique personal identifier number contained or encoded on a driver’s license or identification card issued pursuant to Section 13000 of the Vehicle Code.

      (H) Bank, credit card, or other financial institution account number.

      (I) Any unique personal identifier contained or encoded on a health insurance, health benefit, or benefit card or record issued in conjunction with any government-supported aid program.

      (J) Religion.

      (K) Ethnicity or nationality.

      (L) Photograph.

      (M) Fingerprint or other biometric identifier.

      (N) Social security number.

      (O) Any unique personal identifier.

      (4) “Require, coerce, or compel” includes physical violence, threat, intimidation, retaliation, the conditioning of any private or public benefit or care on consent to implantation, including employment, promotion, or other employment benefit, or by any means that causes a reasonable person of ordinary susceptibilities to acquiesce to implantation when he or she otherwise would not.

      (5) “Subcutaneous” means existing, performed, or introduced under or on the skin.

      (Added by Stats. 2007, Ch. 538, Sec. 1. Effective January 1, 2008.)

      53. (a) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.

      (b) Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void.

      (c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code.

      (Amended by Stats. 2005, Ch. 420, Sec. 7. Effective January 1, 2006.)

      53.7. (a) A statute, ordinance, or other state or local rule, regulation, or enactment shall not deny a minority group political structure equal protection of the law by altering, restructuring, or reordering the policy decisionmaking process in a manner that burdens the ability of members of the minority group to effect the enactment of future legislation, solely with respect to a matter that inures primarily to the benefit of, or is primarily of interest to, one or more minority groups.

      (b) (1) A member of a minority group, as defined in paragraph (2), may bring a civil action challenging the validity of a statute, ordinance, or other state or local rule, regulation, or enactment, pursuant to subdivision (a).

      (2) For purposes of this section, “minority group” means a group of persons who share in common any race, ethnicity, nationality, or sexual orientation.

      (c) A statute, ordinance, or other state or local rule, regulation, or enactment shall be determined valid in an action brought pursuant to this section, only upon a showing by the government that the burden imposed by the statute, ordinance, or other state or local rule, regulation, or enactment satisfies both of the following criteria:

      (1) The burden is necessary to serve a compelling government interest.

      (2) The burden is no greater than necessary to serve the compelling government interest.

      (Added by Stats. 2014, Ch. 912, Sec. 2. Effective January 1, 2015.)

      PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 — 55.32]

      (Part 2.5 added by Stats. 1968, Ch. 461.)

      54. (a) Individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places.

      (b) For purposes of this section:

      (1) “Disability” means any mental or physical disability as defined in Section 12926 of the Government Code.

      (2) “Medical condition” has the same meaning as defined in subdivision (h) of Section 12926 of the Government Code.

      (c) A violation of the right of an individual under the Americans with Disabilities Act of 1990 (Public Law 101–336) also constitutes a violation of this section.

      (Amended by Stats. 2000, Ch. 1049, Sec. 4. Effective January 1, 2001.)

      54.1. (a) (1) Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to accommodations, advantages, facilities, medical facilities, including hospitals, clinics, and physicians’ offices, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motorbuses, streetcars, boats, or any other public conveyances or modes of transportation (whether private, public, franchised, licensed, contracted, or otherwise provided), telephone facilities, adoption agencies, private schools, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons.

      (2) As used in

Скачать книгу