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Civil Code - CIV - CIV § 3428
Civil Code - CIV - CIV § 3428
(a) For services rendered on or after January 1, 2001, a health care service plan or managed care entity, as described in subdivision (f) of Section 1345 of the Health and Safety Code, shall have a duty of ordinary care to arrange for the provision of medically necessary health c
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Civil Code - CIV - CIV § 3429
Civil Code - CIV - CIV § 3429
A debtor, within the meaning of this Title, is one who, by reason of an existing obligation, is or may become liable to pay money to another, whether such liability is certain or contingent.
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Civil Code - CIV - CIV § 3430
Civil Code - CIV - CIV § 3430
A creditor, within the meaning of this Title, is one in whose favor an obligation exists, by reason of which he is, or may become, entitled to the payment of money.
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Civil Code - CIV - CIV § 3431
Civil Code - CIV - CIV § 3431
In the absence of fraud, every contract of a debtor is valid against all his creditors, existing or subsequent, who have not acquired a lien on the property affected by such contract.
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Civil Code - CIV - CIV § 3432
Civil Code - CIV - CIV § 3432
A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another.
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Civil Code - CIV - CIV § 3433
Civil Code - CIV - CIV § 3433
Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all of them, the latter may require the former to seek satisfaction from those funds t
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Civil Code - CIV - CIV § 3434
Civil Code - CIV - CIV § 3434
A lender who makes a loan of money, the proceeds of which are used or may be used by the borrower to finance the design, manufacture, construction, repair, modification or improvement of real or personal property for sale or lease to others, shall not be held liable to third pers
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Civil Code - CIV - CIV § 3439
Civil Code - CIV - CIV § 3439
This chapter may be cited as the Uniform Voidable Transactions Act.
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Civil Code - CIV - CIV § 3439.01
Civil Code - CIV - CIV § 3439.01
As used in this chapter the following definitions are applicable: (a) “Asset” means property of a debtor, but the term does not include the following: (1) Property to the extent it is encumbered by a valid lien. (2) Property to the extent it is generally exempt under nonbankruptc
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Civil Code - CIV - CIV § 3439.02
Civil Code - CIV - CIV § 3439.02
(a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (b) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolve
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Civil Code - CIV - CIV § 3439.03
Civil Code - CIV - CIV § 3439.03
Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s bus
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Civil Code - CIV - CIV § 3439.04
Civil Code - CIV - CIV § 3439.04
(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation as follows: (1) With actual int
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Civil Code - CIV - CIV § 3439.05
Civil Code - CIV - CIV § 3439.05
(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange
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Civil Code - CIV - CIV § 3439.06
Civil Code - CIV - CIV § 3439.06
For the purposes of this chapter: (a) A transfer is made: (1) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good fai
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Civil Code - CIV - CIV § 3439.07
Civil Code - CIV - CIV § 3439.07
(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 3439.08, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim. (2) An attachment or other
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Civil Code - CIV - CIV § 3439.08
Civil Code - CIV - CIV § 3439.08
(a) A transfer or obligation is not voidable under paragraph (1) of subdivision (a) of Section 3439.04, against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee. (b) To the extent a transfer is
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Civil Code - CIV - CIV § 3439.09
Civil Code - CIV - CIV § 3439.09
A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07: (a) Under paragraph (1) of subdivision (a)
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Civil Code - CIV - CIV § 3439.10
Civil Code - CIV - CIV § 3439.10
(a) In this section, the following rules determine a debtor’s location: (1) A debtor who is an individual is located at the individual’s principal residence. (2) A debtor that is an organization and has only one place of business is located at its place of business. (3) A debtor
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Civil Code - CIV - CIV § 3439.12
Civil Code - CIV - CIV § 3439.12
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cau
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Civil Code - CIV - CIV § 3439.13
Civil Code - CIV - CIV § 3439.13
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
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Civil Code - CIV - CIV § 3439.14
Civil Code - CIV - CIV § 3439.14
(a) The changes to this chapter made by the act adding this subdivision apply only to a right of action that accrued, transfer made, or obligation incurred, on or after the effective date of that act. (b) This chapter, and the other changes in the law made by Chapter 383 of the S
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Civil Code - CIV - CIV § 3440
Civil Code - CIV - CIV § 3440
(a) Except as otherwise provided in this chapter, every transfer of personal property made by a person having at the time the possession of the property, and not accompanied by an immediate delivery followed by an actual and continued change of possession of the property, is void
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Civil Code - CIV - CIV § 3440.1
Civil Code - CIV - CIV § 3440.1
This chapter does not apply to any of the following: (a) Things in action. (b) Ships or cargoes if either are at sea or in a foreign port. (c) The sale of accounts, chattel paper, payment intangibles, or promissory notes governed by the Uniform Commercial Code, security interests
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Civil Code - CIV - CIV § 3440.2
Civil Code - CIV - CIV § 3440.2
Subject to Section 3440.3, a transfer of personal property shall not be void under Section 3440 as against a creditor of the transferor or as against a buyer from the transferor, if the creditor’s or buyer’s claim or right against the transferor arises after the date all of the r
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Civil Code - CIV - CIV § 3440.3
Civil Code - CIV - CIV § 3440.3
A transfer of personal property, as to which the conditions set forth in subdivision (h) of Section 3440.1, Section 3440.2, or subdivision (b) of Section 3440.5 are satisfied, shall, nevertheless, be void under Section 3440 as against a person who has purchased the personal prope