California Codes
Cal. Civil Code § 2316 (2026)
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 46
cases (7 in the last 5 years), 1942–2025 · leading case: Valentine v. Plum Healthcare Grp., LLC, 249 Cal. Rptr. 3d 905 (Cal. Ct. App. 5th 2019).
Valentine v. Plum Healthcare Grp., LLC, 249 Cal. Rptr. 3d 905 (Cal. Ct. App. 5th 2019). “" ( Civ. 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.”
Van't Rood v. Cnty. of Santa Clara, 2003 Cal. Daily Op. Serv. 10052 (Cal. Ct. App. 2003). “(Civ. Code, § 2316.) 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.”
In Re: Bartoni-Corsi Produce, Inc. Debtor. Richard J. Spear, Tr. v. Wells Fargo Bank, N.A., 130 F.3d 857 (9th Cir. 1997). “Cal. Civ.Code § 2316 states: “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.”
Gulf Ins. Co. v. TIG Ins. Co., 2001 Cal. Daily Op. Serv. 594 (Cal. Ct. App. 2001). “Gulf counters that the evidence is sufficient to establish ostensible agency which is statutorily defined as follows, “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…”
Oswald Mach. & Equip., Inc. v. Yip, 18 U.C.C. Rep. Serv. 2d (West) 1196 (Cal. Ct. App. 1992). “” (Civ. Code, § 2316.) Unless the evidence is undisputed, the scope of an agency relationship is a question of fact, and the burden of proof rests on the party asserting the relationship.”
Boling v. Pub. Emp. Relations Bd., 10 Cal. App. 5th 853 (Cal. Ct. App. 2017). “PERB’s articulated rationale for attributing Sanders’s support of the CPRI (as putative agent) to the City Council (as putative principal) under “actual authority” principles was that actual authority is the authority a principal either intentionally confers on the agent or “by…”
Sunset-Sternau Food Co. v. Bonzi, 389 P.2d 133 (Cal. 1964). “(Civ. Code, § 2316 et seq.) At the most this section presents the same problem of resolution of ambiguity as that posited by § 2309.”
Rios v. Scottsdale Ins. Co., 2004 Cal. Daily Op. Serv. 5632 (Cal. Ct. App. 2004). “(Civ. Code, § 2316.) Accordingly, there is no triable issue of fact as to whether Scottsdale violated the insurance contract in declining the claim for theft coverage.”
Tomerlin v. Canadian Indem. Co., 394 P.2d 571 (Cal. 1964). “(Civ. Code, §2316; County etc. First Nat. Bank v.”
Penthouse Int'l, Ltd., a New York Corp. v. Priscilla Barnes, 792 F.2d 943 (9th Cir. 1986). “” Cal.Civ.Code § 2316 (West 1985). The parties dispute whether Dunas was solely an independent contractor or whether his acts could be construed as the acts of an agent.”
Edinburgh Assurance Co. v. R. L. Burns Corp., 479 F. Supp. 138 (C.D. Cal. 1979). “Under English and California law, the insured are bound by the acts of their agents Hogg Robinson and Emett & Chandler taken within the scope of their actual authority as against the underwriters, third parties to the relationship of principal and agent between the insured and…”
People v. Brown, 233 Cal. Rptr. 3d 256 (Cal. Ct. App. 5th 2018). “" Civil Code section 2316 provides, "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.”
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