For purposes of this title, the following definitions shall apply:
(a)“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(b)“Developer” means a person, partnership, state or local government agency, or corporation that designs, codes,
produces, or substantially modifies an artificial intelligence system or service for use by members of the public. For purposes of this subdivision, “members of the public” does not include an affiliate as defined in subparagraph (A) of paragraph (1) of subdivision (c) of Section 1799.1a, or a hospital’s medical staff member.
(c)“Generative
artificial intelligence” means artificial intelligence that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence’s training data.
(d)“Substantially modifies” or “substantial modification” means a new version, new release, or other update to a generative artificial intelligence system or service that materially changes its functionality or performance, including the results of retraining or fine tuning.
(e)“Synthetic data generation” means a process in which seed data are used to create
artificial data that have some of the statistical characteristics of the seed data.
(f)“Train
a generative artificial intelligence system or service” includes testing, validating, or fine tuning by the developer of the artificial intelligence system or service.
Notes of Decisions
Howard S. Wright Constr. Co. v. Superior Court, 130 Cal. Rptr. 2d 641 (Cal. Ct. App. 2003).
· cites it 2× “The Participating Owner Doctrine Mechanics, materialmen, contractors, and the like have an automatic lien on property upon which they have bestowed labor or furnished material as long as the work was done “at the instance of the owner” or the owner’s agent.”
Betancourt v. Storke Hous. Investors, 82 P.3d 286 (Cal. 2003).
· cites it 2× “) preempts a mechanic’s lien action (Civ. Code, § 3110) 1 brought by laborers to recover unpaid contributions to their employee benefit plans.”
Aetna Cas. & Sur. Co. v. United States, 228 Ct. Cl. 146 (Ct. Cl. 1981).
“See Cal. Civ. Code § 3110 (West 1974). Plaintiffs theorize that as the United States has foreclosed the mortgage and now owns the property, that lien may be enforced against the United States.”
Halbert's Lumber, Inc. v. Lucky Stores, Inc., 92 Cal. Daily Op. Serv. 4500 (Cal. Ct. App. 1992).
“furnished materials ... for the value of such . . . materials furnished » This language requires suppliers to show two things to “have a lien.”
Davies Mach. Co. v. Pine Mountain Club, Inc., 39 Cal. App. 3d 18 (Cal. Ct. App. 1974).
“furnishing materials or leasing equipment to be used or consumed in, or furnishing appliances, teams, or power contributing to a work of improvement shall have a lien upon the property .”
Sobeck & Assocs., Inc. v. B & R Investments No. 24, 215 Cal. App. 3d 861 (Cal. Ct. App. 1989).
“had neither filed its complaint naming the Bank within 90 days of recording the mechanic’s lien nor amended its complaint within 90 days of obtaining actual knowledge of the Bank’s interest in the property.”
Primo Team, Inc. v. Blake Constr. Co., 3 Cal. App. 4th 801 (Cal. Ct. App. 1992).
“” (Civ. Code, § 3110, italics added.) Primo claims the benefit of this statute on the theory that it “furnished” labor and other necessary services to the works of improvement (within the meaning of the highlighted language) because it assembled R.”
S. California IBEW-NECA Trust Funds v. Stand. Indus. Elec. Co., 247 F.3d 920 (9th Cir. 2001).
· cites it 2× “Reliance’s contractual agreement to issue payment bonds merely transferred the obligation from the subcontractor to its underwriter. Similarly, by issuing the payment bond, Fidelity explicitly agreed to act as KDB’s surety if KDB or its subcontractors “fail to pay any person or…”
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