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Cal. Civil Code § 1651 (2026)

✓ current as of May 2026
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Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded.

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1946–2021 · leading case: Roth v. Malson, 98 Cal. Daily Op. Serv. 8066 (Cal. Ct. App. 1998).
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Roth v. Malson, 98 Cal. Daily Op. Serv. 8066 (Cal. Ct. App. 1998). · cites it 6× “However, even assuming for the sake of argument that Civil Code section *231 1651 applies to determinations whether a contract exists, as opposed to interpretation of an existing contract (a point disputed by defendant), the statute does not save plaintiff in this case.”
United Guar. Mortg. Indem. Co. v. Countrywide Fin. Corp., 660 F. Supp. 2d 1163 (C.D. Cal. 2009). “Cal. Civ. Code § 1651 . The commitment letters — drafted for each transaction and containing a schedule with representations about the insured loans — are the most customized component for present purposes.”
Coleman Eng'g Co. v. North Am. Aviation, Inc., 420 P.2d 713 (Cal. 1966). · cites it 2× “(Civ. Code, § 1651.) [3] A Coleman interoffice memorandum dated July 8 states that placing the payload center of gravity at 35 inches above the rails "will practically double the loads on most of the members and cause most of the stress work performed to date to be recalculated.”
Lawrence Block Co. v. Palston, 266 P.2d 856 (Cal. Ct. App. 1954). · cites it 2× “(Civ. Code, §1651; Code Civ. Proc., § 1862.”
Banco Do Brasil, S.A. v. Latian, Inc., 91 Cal. Daily Op. Serv. 7901 (Cal. Ct. App. 1991). “Moreover, it is not only controlled by the typed material in the Addendum (Civ. Code, § 1651), but this is the very debt that was restructured by the Guaranty Agreement.”
People v. Vargas, 2007 Cal. Daily Op. Serv. 2731 (Cal. Ct. App. 2007). “4 Civil Code section 1651 states, “Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally…”
Penthouse Int'l, Ltd., a New York Corp. v. Priscilla Barnes, 792 F.2d 943 (9th Cir. 1986). “The district court thus held that [i]f the term “AKA” is construed according to the meaning that Barnes gave to it, the release is ambiguous because of the conflicting terms.”
Fid. & Deposit Co. of Md. v. Charter Oak Fire Ins. Co., 98 Cal. Daily Op. Serv. 7365 (Cal. Ct. App. 1998). “(Civ. Code, § 1651.) 2 The declarations pages tailored for these particular policies limit the site of coverage to the Marina Inn.”
Mission Nat'l Ins. v. Coachella Valley Water Dist., 210 Cal. App. 3d 484 (Cal. Ct. App. 1989). “) The broad language of the endorsement shows that Yeager, as the builder, and the District, as a named insured, intended *497 to obtain protection from floods while the Project was being built.”
Knox v. Wolfe, 167 P.2d 3 (Cal. Ct. App. 1946). “(Civ. Code, § 1651.) The typewritten Paragraph 26, which provides that equipment attached to the premises by screws, bolts, or otherwise, shall become the property of the lessor, is expressly modified by the unnumbered paragraph to the effect that the lessee may request the…”
Integrated, Inc. v. Alec Fergusson Elec. Contractor, 250 Cal. App. 2d 287 (Cal. Ct. App. 1967). “Such evidence could, of course, have been properly ‘‘considered in the construction of the instrument.”
Butchers' Union Local 229 v. Cudahy Packing Co., 428 P.2d 849 (Cal. 1967). “(Civ. Code, § 1651.) The employer’s position depends upon a construction of the collective bargaining agreement whereby the parties are to be deemed to have displaced the direct application to the disputed provision of the arbitration clause, which they wrote themselves, by…”
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