California Codes

Cal. Civil Code § 1644 (2026)

✓ current as of May 2026
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The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed.

Notes of Decisions
Cited in 338 cases (82 in the last 5 years), 1943–2026 · leading case: E.M.M.I. Inc. v. Zurich Am. Ins., 84 P.3d 385 (Cal. 2004).
E.M.M.I. Inc. v. Zurich Am. Ins., 84 P.3d 385 (Cal. 2004). · cites it 6× “(Civ.Code, § 1644; Waller v. Truck Ins. Exchange, Inc.”
Weil v. Fed. Kemper Life Assurance Co., 866 P.2d 774 (Cal. 1994). · cites it 10× “The other party — the purchaser of the policy or the insured — is usually a layperson who does not share that specialized knowledge or intent. It follows that the general rule of the statute, not its exceptions, governs the interpretation of insurance policies: the words of such…”
AIU Ins. v. Superior Court, 799 P.2d 1253 (Cal. 1990). · cites it 3× ““Damages” We next consider whether FMC’s prospective legal obligation in the third party suits is to pay “damages.”
Universal Cable Prods. v. Atl. Specialty Ins., 929 F.3d 1143 (9th Cir. 2019). · cites it 4× “Under California law, the terms in an insurance policy are “understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case…”
Bank of the West v. Superior Court, 833 P.2d 545 (Cal. 1992). · cites it 2× “) (1c) It is obviously possible to argue that the term "unfair competition," in the abstract, might refer to statutory claims.”
Certain Underwriters at Lloyd's of London v. Superior Court of Los Angeles Cnty., 16 P.3d 94 (Cal. 2001). · cites it 2× “" By its terms, however, Civil Code section 1644 seems more applicable to an individual policy, which constitutes a contract reflecting the "actual agreement between a given insurer and a given insured" ( Buss v.”
Klein v. Chevron U.S.A., Inc., 202 Cal. App. 4th 1342 (Cal. Ct. App. 2012). · cites it 2× “Plaintiffs’ proposed interpretation of the term “gallon” conflicts with the ordinary meaning of that term and the definition ascribed under California law We first consider whether the term “gallon” can be reasonably interpreted as an offer to sell 231 cubic inches of motor fuel…”
Searle v. Allstate Life Ins., 696 P.2d 1308 (Cal. 1985). · cites it 4× “" Webster's defines "suicide" as "the act or an instance of taking one's own life voluntarily and intentionally .”
Mountain Air Enters., LLC v. Sundowner Towers, LLC, 398 P.3d 556 (Cal. 2017). “( Civ. Code, § 1644.)" ( Xuereb v. Marcus & Millichap, Inc .”
Rosen v. State Farm Gen. Ins., 70 P.3d 351 (Cal. 2003). · cites it 2× “The insurance policy in this case defined "collapse" as "actually fallen down or fallen to pieces.”
Xuereb v. Marcus & Millichap, Inc., 3 Cal. App. 4th 1338 (Cal. Ct. App. 1992). · cites it 2× “Certainly, but for the execution of the Purchase Agreement and the subsequent close of escrow, respondents would have had no basis on which to claim detrimental reliance or damages, as alleged in their lawsuit.”
North Am. Capacity Ins. v. Claremont Liab. Ins., 177 Cal. App. 4th 272 (Cal. Ct. App. 2009). · cites it 2× “Code, § 1638), interpreted in their “ordinary and popular sense” (Civ. Code, § 1644), governs judicial interpretation (Civ.”
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