California Codes
Cal. Civil Code § 2299 (2026)
✓ current as of May 2026
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An agency is actual when the agent is really employed by the principal.
Notes of Decisions
Cited in 54
cases (15 in the last 5 years), 1945–2025 · leading case: Baxter v. Cal. State Teachers' Ret. Sys., 227 Cal. Rptr. 3d 37 (Cal. Ct. App. 5th 2017).
Baxter v. Cal. State Teachers' Ret. Sys., 227 Cal. Rptr. 3d 37 (Cal. Ct. App. 5th 2017). “CalSTRS explained that there are approximately 1,600 districts statewide and that CalSTRS['s] staff is too small to respond to the high volume of inquiries it receives from these districts." "An agent is one who represents another, called the principal, in dealings with third…”
Davenport v. Litton Loan Servicing, LP, 725 F. Supp. 2d 862 (N.D. Cal. 2010). “” Cal. Civ.Code § 2299. The Ninth Circuit has instructed that the key factor to consider in analyzing whether an entity is an employer is “the right to control and direct the activities of the person rendering service, or the manner and method in which the work is performed.”
Valentine v. Plum Healthcare Grp., LLC, 249 Cal. Rptr. 3d 905 (Cal. Ct. App. 5th 2019). “Code, § 2316.) An agency is ostensible "when the principal intentionally, or by want of ordinary care, causes a third person to believe another *913 to be his agent who is not really employed by him.”
Ermoian v. Desert Hosp., 61 Cal. Rptr. 3d 754 (Cal. Ct. App. 2007). “The written contract between the Hospital and Dr. Gubin’s corporation (which employed Dr.”
Van't Rood v. Cnty. of Santa Clara, 2003 Cal. Daily Op. Serv. 10052 (Cal. Ct. App. 2003). “” (Civ. Code, § 2299.) “An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him.”
Pierson v. Helmerich & Payne Internat. Drilling Co. CA5, 81 Cal. Comp. Cases 993 (Cal. Ct. App. 2016). “” Civil Code section 2299 states that an actual agency is “when the agent is really employed by the principal.”
Samayoa-Martinez v. Holder, 558 F.3d 897 (9th Cir. 2009). “See Cal. Civ. Code § 2299 (“An agency is actual when the agent is really employed by the principal”); id.”
J.L. v. Child.'s Inst.,Inc., 177 Cal. App. 4th 388 (Cal. Ct. App. 2009). “(Civ. Code, § 2299.) An agency is ostensible when a principal causes a third person to believe another to be his agent, who is really not employed by him.”
Pagarigan v. Libby Care Ctr., Inc., 2002 Cal. Daily Op. Serv. 5245 (Cal. Ct. App. 2002). “3 Civil Code section 2299 (actual agency). 4 Civil Code section 2300, italics added (ostensible agency).”
Champlaie v. BAC Home Loans Servicing, LP, 706 F. Supp. 2d 1029 (E.D. Cal. 2009). “Cal. Civ. Code §§ 2299 , 2300; J.L. v. Children’s Institute, Inc.”
Woosley v. State of California, 838 P.2d 758 (Cal. 1992). “(Civ. Code, §§ 2299, 2300; 2 Witkin, Summary of Cal.”
Vallely Investments, L.P. v. BancAmerica Com. Corp., 2001 Cal. Daily Op. Serv. 3363 (Cal. Ct. App. 2001). “Indeed, we cannot find anything in the document which would even raise a factual issue regarding agency.”
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