Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 1. OBLIGATIONS IN GENERAL / TITLE 4. EXTINCTION OF OBLIGATIONS / CHAPTER 2. Offer of Performance
California Codes

Cal. Civil Code § 1485 (2026)

Offer of Performance

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An obligation is extinguished by an offer of performance, made in conformity to the rules herein prescribed, and with intent to extinguish the obligation.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1944–2023 · leading case: Crossroads Investors, L.P. v. Fed. Nat'l Mortg. Ass'n, 13 Cal. App. 5th 757 (Cal. Ct. App. 2017).
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Crossroads Investors, L.P. v. Fed. Nat'l Mortg. Ass'n, 13 Cal. App. 5th 757 (Cal. Ct. App. 2017). “As stated earlier, "[a] tender is an offer of performance made with the intent to extinguish the obligation ( Civ. Code, § 1485 ). When properly made, it has the effect of putting the other party in default if he refuses to accept it.”
Arnolds Mgmt. Corp. v. Eischen, 158 Cal. App. 3d 575 (Cal. Ct. App. 1984). “In addition, plaintiffs’ action must fail because their tender of payment was not an unconditional offer to pay all of the sums necessary to cure the default.”
Flores v. EMC Mortg. Co., 997 F. Supp. 2d 1088 (E.D. Cal. 2014). “15 (1984) (citing Cal. Civ.Code, § 1485; Still v. Plaza Marina Commercial Corp.”
Herrejon v. Ocwen Loan Servicing, LLC, 980 F. Supp. 2d 1186 (E.D. Cal. 2013). “15 (1984) (citing Cal. Civ. Code, § 1485; Still v. Plaza Marina Commercial Corp.”
Hamilton v. Bank of Blue Valley, 746 F. Supp. 2d 1160 (E.D. Cal. 2010). “15 (1984) (citing Cal. Civ. Code, § 1485; Still v. Plaza Marina Commercial Corp.”
Beeler v. Am. Trust Co., 147 P.2d 583 (Cal. 1944). “(Civ. Code, § 1485.) As to the second installment of the 1937-1938 taxes, there arises the question of the effect of the plaintiff’s assignment of a certain lease to the bank in discharge of this obligation.”
Saldate v. Wilshire Credit Corp., 711 F. Supp. 2d 1126 (E.D. Cal. 2010). “15 (1984) (citing Cal. Civ.Code, § 1485); Still v. Plaza Marina Commercial Corp.”
Saldate v. Wilshire Credit Corp., 686 F. Supp. 2d 1051 (E.D. Cal. 2010). “” “A tender is an offer of performance made with the intent to extinguish the obligation.”
U.S. Bank Nat'l Ass'n v. Friedrichs, 924 F. Supp. 2d 1179 (S.D. Cal. 2013). · cites it 3× “Defendant argues that an offer of performance made to pay an alleged debt extinguishes and discharges the alleged debt and cites to Cal. Civil Code § 1485 . Since she tendered an Electronic Funds Transfer instrument (“EFT”), she contends that the debt has been discharged.”
Still v. Plaza Marina Com. Corp., 21 Cal. App. 3d 378 (Cal. Ct. App. 1971). “) A tender is an offer of performance made with the intent to extinguish the obligation (Civ. Code, § 1485). When properly made, it has the effect of putting the other party in default if he refuses to accept it.”
Greenberg v. Goldsman, 143 Cal. App. 4th 1312 (Cal. Ct. App. 2006). “Trustee also stated that if the dispute was not resolved, Trustee reserved the right to interplead the disputed funds.”
Altmann v. Homestead Mortg. Income Fund, LLC, 887 F. Supp. 2d 939 (E.D. Cal. 2012). “15 (1984) (citing Cal. Civ. Code, § 1485; Still v. Plaza Marina Commercial Corp.”
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