Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 9. AGENCY / CHAPTER 1. Agency in General / ARTICLE 2. Authority of Agents
California Codes

Cal. Civil Code § 2315 (2026)

Authority of Agents

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An agent has such authority as the principal, actually or ostensibly, confers upon him.

Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1945–2024 · leading case: Dill v. Berquist Constr. Co., 24 Cal. App. 4th 1426 (Cal. Ct. App. 1994).
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Dill v. Berquist Constr. Co., 24 Cal. App. 4th 1426 (Cal. Ct. App. 1994). · cites it 2× “(Civ. Code, §§ 2315, 2317, 2319.) The agent makes the assertion of ostensible authority by signing the receipt and returning it to the plaintiff.”
Fontenot v. Wells Fargo Bank, N.A., 198 Cal. App. 4th 256 (Cal. Ct. App. 2011). “2d 768 ] [existence and extent of agent’s duties are determined by the agreement between agent and principal]; Civ. Code, § 2315 [agent has such authority as principal confers upon agent].”
J.L. v. Child.'s Inst., Inc., 177 Cal. App. 4th 388 (Cal. Ct. App. 2009). “(Civ. Code, § 2315.) . . . Ostensible authority .”
Young v. Horizon West, Inc., 220 Cal. App. 4th 1122 (Cal. Ct. App. 2013). “As appellants themselves recognize (without citing the applicable statute), “[a]n 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.”
Ripani v. Liberty Loan Corp., 95 Cal. App. 3d 603 (Cal. Ct. App. 1979). “) Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.”
Fasa Corp. v. Playmates Toys, Inc., 869 F. Supp. 1334 (N.D. Ill. 1994). “” Cal Civil Code § 2315. “Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess.”
Holz Rubber Co. v. Am. Star Ins. Co., 533 P.2d 1055 (Cal. 1975). “became bound by its agent’s interpretation of the reporting requirement (Civ. Code, § 2315) and waived its right to object to this alleged “defect.”
Valiyee v. Dep't of Motor Vehs., 74 Cal. App. 4th 1026 (Cal. Ct. App. 1999). “An agency relationship requires that the principal has the right to control the activities of the “agent,” and that the principal has conferred authority upon the agent to act on his or her behalf.”
Berger v. Steiner, 164 P.2d 559 (Cal. Ct. App. 1945). “(Civ. Code, §§ 2315, 2316, 2317.) She did nothing to create an agency, either actual or ostensible.”
Wallace v. Sinclair, 250 P.2d 154 (Cal. Ct. App. 1952). “) The extent of the agency is measured by the authority conferred upon the agent, actually or ostensibly and his power is sufficient to do everything that is necessary, proper or usual to accomplish the purpose of the principal.”
Van Den Eikhof v. Hocker, 87 Cal. App. 3d 900 (Cal. Ct. App. 1978). “(Civ. Code, § 2315.) Actual authority is the authority the principal intentionally confers upon the agent or allows the agent to believe that he possesses.”
Trane Co. v. Gilbert, 267 Cal. App. 2d 720 (Cal. Ct. App. 1968). “(Civ. Code, §2315; Warshauer v. Bauer Construction Co.”
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