California Codes

Cal. Civil Code § 1646 (2026)

✓ current as of May 2026

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A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.

Notes of Decisions

Cited in 90 cases (25 in the last 5 years), 1939–2026 · leading case: Frontier Oil Corp. v. RLI Ins., 63 Cal. Rptr. 3d 816 (Cal. Ct. App. 2007).

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Frontier Oil Corp. v. RLI Ins., 63 Cal. Rptr. 3d 816 (Cal. Ct. App. 2007). · cites it 13× “Strassberg stated, “California conflicts law has developed significantly since the original enactment of California Civil Code § 1646,” and “California law moved away from a mechanical choice of law process to employ the ‘governmental interest analysis.”

Daniel Berman v. Freedom Fin. Network LLC, 30 F.4th 849 (9th Cir. 2022). “” Cal. Civ. Code § 1646 . Because § 1646 presupposes the existence of a contract, it is inapplicable to the antecedent question of whether the parties formed a valid contract.”

Volkswagen Grp. of Am., Inc. v. Peter J. McNulty Law Firm, 692 F.3d 4 (1st Cir. 2012). · cites it 2× “Under the law of the last transfer- or jurisdiction, California, “[a] contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it…”

Rutledge v. Hewlett-Packard Co., 238 Cal. App. 4th 1164 (Cal. Ct. App. 2015). · cites it 2× “) In addition, Civil Code section 1646, provides that “[a] contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.”

Bear Creek Master Ass'n v. Edwards, 2005 Cal. Daily Op. Serv. 6187 (Cal. Ct. App. 2005). · cites it 3× “He is attempting to import a “law of time” rather than a “law of place” into the CC&R’s as a contract or instrument. Whether pre- or postamendment law is applied, the CC&R’s properly apply the law of place where the contract was created or intended to be performed: i.”

James River Ins. Co. v. Medolac Labs., 290 F. Supp. 3d 956 (C.D. Cal. 2018). · cites it 3× “"To determine the applicable substantive law, a federal court sitting in diversity applies the choice-of-law rules of the forum.”

Dalkilic v. Titan Corp., 516 F. Supp. 2d 1177 (S.D. Cal. 2007). · cites it 2× “Choice of Law Defendants present an analysis under both California Civil Code § 1646, as well as a governmental interest analysis, to support their assertion that California law should apply in the instant matter.”

Costco Wholesale Corp. v. Liberty Mut. Ins., 472 F. Supp. 2d 1183 (S.D. Cal. 2007). “California Civil Code § 1616 California’s first choice-of-law test is statutory.”

Binder v. Aetna Life Ins., 15 I.E.R. Cas. (BNA) 1103 (Cal. Ct. App. 1999). “” (Civ. Code, § 1646; see also Rest., supra, § 220.”

Henderson v. Superior Court, 77 Cal. App. 3d 583 (Cal. Ct. App. 1978). · cites it 2× “(Civ. Code, § 1646.) When the application of section 1646 is obscure, California courts are guided by the factors set out in Restatement Second, Conflict of Laws section 188, in determining what law to apply to the contract.”

State Farm Mut. Auto. Ins. v. Superior Court, 2003 Cal. Daily Op. Serv. 10879 (Cal. Ct. App. 2003). “, Civ. Code, § 1646). In other words, “[t]he law applicable to a contract dispute .”

Hambrecht & Quist Venture Partners v. Am. Med. Int'l, Inc., 95 Cal. Daily Op. Serv. 7901 (Cal. Ct. App. 1995). “” In the absence of a choice-of-law provision, Civil Code section 1646 requires that a contract “be interpreted according to the law and usage of the place where it is to be performed; or, if [the contract] does not indicate a place of performance, according to the law and usage…”

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