California Codes
Cal. Civil Code § 1504 (2026)
✓ current as of May 2026
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An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance thereof.
Notes of Decisions
Cited in 28
cases, 1942–2017 · leading case: Crossroads Investors, L.P. v. Fed. Nat'l Mortg. Ass'n, 222 Cal. Rptr. 3d 1 (Cal. Ct. App. 5th 2017).
Crossroads Investors, L.P. v. Fed. Nat'l Mortg. Ass'n, 222 Cal. Rptr. 3d 1 (Cal. Ct. App. 5th 2017). “When properly made, it has the effect of putting the other party in default if he refuses to accept it. [Citations.] When a party makes a tender of full payment to the holder of a promissory note when or after it is due, he is discharged to the extent of all subsequent liability…”
Leatherby Ins. Co. v. City of Tustin, 76 Cal. App. 3d 678 (Cal. Ct. App. 1977). “(Civ. Code, § 1504.) 4 However, the purported tender by Tustin was subject to three conditions which Leatherby was not obligated to satisfy.”
Gen. Ins. v. Mammoth Vista Owners' Ass'n, 174 Cal. App. 3d 810 (Cal. Ct. App. 1985). “16 Mammoth was therefore not entitled, as an incident to the summary judgment, to the interest which accumulated while the money was on deposit with the court.”
Beeler v. Am. Trust Co., 147 P.2d 583 (Cal. 1944). “(Civ. Code, §1504.) The defendant bank contends that the tender, if in fact made, was insufficient to stop the running of interest.”
Mission Ins. Grp., Inc. v. Merco Constr. Engineers, Inc., 147 Cal. App. 3d 1059 (Cal. Ct. App. 1983). “1 Civil Code section 1504 provides: “An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance…”
Still v. Plaza Marina Com. Corp., 10 U.C.C. Rep. Serv. (West) 168 (Cal. Ct. App. 1971). “Code, § 3604; Civ. Code, § 1504.) However, a tender to be valid must be of full performance (Civ.”
Warner Bros. Int'l Television Distrib. v. Golden Channels & Co., 522 F.3d 1060 (9th Cir. 2008). “Thus the November 26, 2002 offer was considered a “conditional” offer, which “does not constitute performance under Cal. Civ.Code § 1504.” Under this approach, Warner had not breached.”
Long v. Cuttle Constr. Co., 34 U.C.C. Rep. Serv. 2d (West) 418 (Cal. Ct. App. 1998). “(Also see generally, Civ. Code, § 1504, an offer of payment stops the running of interest.”
Rose v. Hecht, 211 P.2d 347 (Cal. Ct. App. 1949). “(Civ. Code, § 1504.) All objections to a tender by personal check, cashier’s check or by money are waived by the creditor if not then stated.”
Heimstadt v. Tapered Parts, Inc., 318 P.2d 689 (Cal. Ct. App. 1957). “(Civ. Code, § 1504; Holland v. Paddock, 142 Cal.”
Holland v. Paddock, 298 P.2d 587 (Cal. Ct. App. 1956). “After rejection of a tender made in good faith the creditor loses his right to collect further interest, costs and attorney’s fees (Civ. Code, § 1504; 8 Cal.Jur.2d 552). Beth Paddock contends that the court erred in making and entering its findings of fact and conclusions of law…”
Enfield v. Huffman Motor Co., 257 P.2d 458 (Cal. Ct. App. 1953). “398 ]; see, generally, Civil Code sections 1504, 1511, 1515, 2905, 2909, 2910.”
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