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Cal. Civil Code § 1708 (2026)

✓ current as of May 2026
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Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.

Notes of Decisions
Cited in 61 cases (17 in the last 5 years), 1956–2026 · leading case: Katzberg v. Regents of Univ. of California, 58 P.3d 339 (Cal. 2002).
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Katzberg v. Regents of Univ. of California, 58 P.3d 339 (Cal. 2002). · cites it 2× “) Plaintiff suggests that a damages action to remedy an asserted violation of his due process liberty interest is contemplated by tort law as codified by Civil Code sections 1708 and 3333.”
Bily v. Arthur Young & Co., 834 P.2d 745 (Cal. 1992). · cites it 2× “" (Civ. Code, § 1708; all further statutory references are to this code unless otherwise indicated.”
Von Grabe v. Sprint PCS, 312 F. Supp. 2d 1285 (S.D. Cal. 2003). · cites it 3× “The Song-Beverly Consumer Warranty Act (Service Contract) In count eleven, Plaintiff attempts to allege a claim based on a failure to disclose certain material information in a service contract.”
Campbell v. Feld Ent., Inc., 75 F. Supp. 3d 1193 (N.D. Cal. 2014). · cites it 2× “California Civil Code § 1708 Plaintiffs next claim Bane Act liability on the basis that their “right to be free from injury of property and infringement upon rights” under section 1708 of the California Civil Code was violated.”
Beckwith v. Dahl, 205 Cal. App. 4th 1039 (Cal. Ct. App. 2012). “” (Civ. Code, § 1708.) “[W]e cannot let the difficulties of adjudication frustrate the principle that there be a remedy for every substantial wrong.”
B.L.M. v. Sabo & Deitsch, 97 Cal. Daily Op. Serv. 4428 (Cal. Ct. App. 1997). · cites it 2× “However, the absence of that relationship is not determinative of the existence and extent of Sabo & Deitsch's duty toward B.L.M. "Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights.”
City & Cnty. of San Francisco v. United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Indus. of the United States & Canada, 726 P.2d 538 (Cal. 1986). · cites it 4× “Pasadena 's second theory was based upon the principle that "`[t]he law of this state imposes upon everyone the duty "to abstain from injuring the person or property of another, or infringing upon any of his rights.”
Keegan v. Am. Honda Motor Co., 284 F.R.D. 504 (C.D. Cal. 2012). “142 Cal. Civ.Code § 1708. Recovery under the UCL is limited to restitution and injunctive relief only.”
Fibreboard Paper Prods. Corp. v. East Bay Union of MacHinists, Local 1304, 227 Cal. App. 2d 675 (Cal. Ct. App. 1964). “’ (Civ. Code, § 1708.) There is a breach of such legal duty when one who performs an act not authorized by law infringes upon a right another is entitled to enjoy, or causes a substantial material loss to another.”
Barrett v. Superior Court, 222 Cal. App. 3d 1176 (Cal. Ct. App. 1990). “” (Civ. Code, § 1708.) “Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and…”
Tate v. Canonica, 180 Cal. App. 2d 898 (Cal. Ct. App. 1960). “117 ff; Civ. Code, §§ 1708, 1714.) Indeed, it appears that many of the limitations upon liability that are subsumed under the doctrine of “proximate cause,” as usually expounded in negligence cases, do not apply to intentional torts.”
Pasadena Unified Sch. Dist. v. Pasadena Fed'n of Teachers, 96 L.R.R.M. (BNA) 2363 (Cal. Ct. App. 1977). “’ (Civ. Code, § 1708.) There is a breach of such legal duty when one who performs an act not authorized by law infringes upon a right another is entitled to enjoy, or causes a substantial material loss to another.”
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