California Codes
Cal. Civil Code § 1912 (2026)
✓ current as of May 2026
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A loan of money is a contract by which one delivers a sum of money to another, and the latter agrees to return at a future time a sum equivalent to that which he borrowed. A loan for mere use is governed by the Chapter on Loan for Use.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1945–2025 · leading case: Garcia v. Wetzel, 159 Cal. App. 3d 1093 (Cal. Ct. App. 1984).
Garcia v. Wetzel, 159 Cal. App. 3d 1093 (Cal. Ct. App. 1984). “The instant transaction met the statutory definition of a loan (Civ. Code, § 1912) [4] with interest (Civ.”
California Overseas Bank v. French Am. Banking Corp., 154 Cal. App. 3d 179 (Cal. Ct. App. 1984). “" (Civ. Code, § 1912, italics added.) Moreover, FAB's intent is clarified by Ray's additional statement that upon Security Pacific's formal commitment to pay on the COB letter of credit, "[w]e would then purchase the formal commitment, liquidate the Balfour loan and create a…”
West Pico Furniture Co. v. Pac. Fin. Loans, 469 P.2d 665 (Cal. 1970). “” 15 Civil Code section 1912 provides: “A loan of money is a contract by which one delivers a sum of money to another, and the latter agrees to return at a future time a sum equivalent to that which he borrowed.”
O'CONNOR v. Televideo Sys., Inc., 218 Cal. App. 3d 709 (Cal. Ct. App. 1990). “” (Civ. Code, § 1912.) A forbearance, on the other hand, is the giving of further time for the payment of a debt or an agreement not to insist upon payment at the due date.”
Sheehy v. Franchise Tax Bd., 2000 Cal. Daily Op. Serv. 8557 (Cal. Ct. App. 2000). “” (Civ. Code, § 1912.) A forbearance is “an agreement to extend the time for payment of the obligation due either before or after the obligation’s due date.”
Calvin & Co. v. United States, 22 A.F.T.R.2d (RIA) 5457 (Cal. Ct. App. 1968). “Slavin and the Bank of Fremont for the sole purpose of releasing the attachment and was not the property of Slavin, and therefore not subject to the tax lien.”
People v. Thrasher, 176 Cal. App. 4th 1302 (Cal. Ct. App. 2009). “A loan cycles money from the lender to the borrower and back to the lender.”
Keystone Mortg. Co. v. MacDonald, 254 Cal. App. 2d 808 (Cal. Ct. App. 1967). “The concession was required by the language of the instrument and by the purpose of the employment contract.”
Master Charge v. Daugherty, 267 P.2d 821 (Cal. Ct. App. 1954). “*702 Appellant says that “A loan of money is a contract by which one delivers a sum of money to another, and the latter agrees to return at a future time a sum equivalent to that which he borrowed” (Civ. Code, §1912); and it asserts that there is not in its plan of business “the…”
(SS) Lor v. Comm'r of Soc. Sec. (E.D. Cal. 2019). “Cal. Civ. Code § 1912 states “[a] loan of money is a 5 contract by which one delivers a sum of money to another, and the latter agrees to return at a 6 future time a sum equivalent to that which he borrowed.”
(SS) Midwood v. Comm'r of Soc. Sec. (E.D. Cal. 2025). “Existence of a 4 Bona Fide Loan Agreement 5 Plaintiff “contends that the ALJ applied an improper legal standard in determining the 6 requirements of a valid loan contract because California Civil Code Section 1912 states that 7 establishing a valid loan contract only requires…”
Baker v. Nw. Mut. Life Ins., 155 P.2d 663 (Cal. Ct. App. 1945). “borrowed” (Civ. Code, § 1912). Hence interest could not be charged upon any loan theory.”
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