California Codes
Cal. Civil Code § 43 (2026)
✓ current as of May 2026
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Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations.
Notes of Decisions
Cited in 72
cases (33 in the last 5 years), 1948–2026 · leading case: Marsh v. San Diego Cnty., 432 F. Supp. 2d 1035 (S.D. Cal. 2006).
Marsh v. San Diego Cnty., 432 F. Supp. 2d 1035 (S.D. Cal. 2006). “Specifically, Plaintiff alleges Defendants deprived him of his constitutionally protected rights, including his right to privacy and rights provided under California Civil Code Sections 43, 45, 46, 51, 52, and 52.”
Medrano v. Kern Cnty. Sheriff's Officer, 921 F. Supp. 2d 1009 (E.D. Cal. 2013). “§ 1983 ; (2) violation of civil rights under California Civil Code §§ 43 and 52.1, and California Constitution Art.”
Kentucky Fried Chicken of California, Inc. v. Superior Court, 927 P.2d 1260 (Cal. 1997). “Section 50 states, in substance, that it is a "personal right[]" (Civ. Code, § 43) to use "[a]ny necessary force .”
Fassberg Constr. Co. v. Hous. Auth., 152 Cal. App. 4th 720 (Cal. Ct. App. 2007). “(Civ. Code, § 43.) The United States Supreme Court in Vermont Agency of Natural Resources v.”
Gabrielle A. v. Cnty. of Orange, 10 Cal. App. 5th 1268 (Cal. Ct. App. 2017). “6 The remaining state law claims were negligent supervision, hiring, retention and discipline (22d cause of action); intentional infliction of emotional distress (24th cause of action); violation of state civil rights (Civ. Code, § 43) 7 (26th cause of action); violation of…”
Campbell v. Feld Ent., Inc., 75 F. Supp. 3d 1193 (N.D. Cal. 2014). “California Civil Code § 43 Plaintiffs next claim Bane Act liability on the basis that their “right to be free from bodily harm,” as secured by section 43 of the California Civil Code, was violated.”
Cole v. Rush, 289 P.2d 450 (Cal. 1955). “, Civ. Code, §§ 43, 43.5(a), 45a, 46, 47, 48, 48a, 48.”
Mann v. Cnty. of San Diego, 147 F. Supp. 3d 1066 (S.D. Cal. 2015). “, § 1983 ; (5) Monell claims related to the County’s policies; (6) intentional infliction of emotional distress (“IIED”); (7) violation of state civil rights under Cal. Civ. Code § 43 ; and (8) violation of state civil rights under Cal.”
People v. Lashley, 1 Cal. App. 4th 938 (Cal. Ct. App. 1991). “” 9 Civil Code section 43 states: “Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from…”
Campos v. City of Merced, 709 F. Supp. 2d 944 (E.D. Cal. 2010). “) California Civil Code section 43 provides: Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult,…”
Christina C. v. Cnty. of Orange CA4/3, 220 Cal. App. 4th 1371 (Cal. Ct. App. 2013). “personal relations” (Civ. Code, § 43), unexplained “Monell Related Causes of Action,” and intentional infliction of emotional distress.”
Sheppard v. Freeman, 14 I.E.R. Cas. (BNA) 801 (Cal. Ct. App. 1998). “The majority recognize the existence of the legislative scheme bearing on the legislatively-declared personal right of protection from defamation (Civ.Code, § 43 et seq.). That legislative scheme both establishes the elements of actionable defamation and provides privileges from…”
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