Cal. Codes » Civil Code / DIVISION 1. PERSONS / PART 2. PERSONAL RIGHTS
California Codes

Cal. Civil Code § 49 (2026)

Personal Rights

✓ current as of May 2026
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The rights of personal relations forbid:

(a)The abduction or enticement of a child from a parent, or from a guardian entitled to its custody;

(b)The seduction of a person under the age of legal consent;

(c)Any injury to a servant which affects his ability to serve his master, other than seduction, abduction or criminal conversation.

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1940–2021 · leading case: Christina C. v. Cnty. of Orange, 220 Cal. App. 4th 1371 (Cal. Ct. App. 2013).
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Christina C. v. Cnty. of Orange, 220 Cal. App. 4th 1371 (Cal. Ct. App. 2013). · cites it 2× “Code, § 51), child abduction (Civ. Code, § 49), “injury to . . . personal relations” (Civ.”
Kearney v. Salomon Smith Barney, Inc., 137 P.3d 914 (Cal. 2006). “162 )) supported the plaintiff’s assertion that California Civil Code section 49—which provides in part that “[t]he rights of personal relations forbid: [][].”
Frontier Oil Corp. v. RLI Ins., 63 Cal. Rptr. 3d 816 (Cal. Ct. App. 2007). “(Offshore Rental, supra, at pp. 162-163.) Offshore Rental noted that no California court had squarely held that the California statute supported such a cause of action, while a Louisiana appellate court nine years earlier had held that Louisiana law did not allow a cause of…”
Offshore Rental Co. v. Cont'l Oil Co., 583 P.2d 721 (Cal. 1978). “) On the other hand, expressions in the California cases, although chiefly dicta, support the present plaintiff’s assertion that California Civil Code section 49 grants a cause of action against a third party for loss caused by an injury to a key employee due to the negligence…”
Kessel v. Leavitt, 511 S.E.2d 720 (W. Va. 1998). “479, 481 (1963) (noting that Cal. Civil Code § 49 (1939) “forbids the abduction of a child from a parent” and acknowledging that third persons violating this section and/or committing tortious interference can be held liable to the complaining parent for damages arising from the…”
Ventura Cnty. Employees' Ret. Ass'n v. Pope, 87 Cal. App. 3d 938 (Cal. Ct. App. 1978). · cites it 2× “Distinguishable from the facts at bench are analogous factual situations not involving claims for personal injuries even though they arise out of personal injuries, as for example the common law action of a master against a third party for injuries to his servant that affect the…”
Donaldson v. Dep't of Real Est., 36 Cal. Rptr. 3d 577 (Cal. Ct. App. 2005). “) 17 The only other statutory use we have found of the phrase “age of consent” concerns the tort of “seduction of a person under the age of legal consent” (Civ. Code, § 49, subd. (b); Code Civ. Proc.”
Von Batsch v. Am. Dist. Tel. Co., 175 Cal. App. 3d 1111 (Cal. Ct. App. 1985). “Civil Code section 49, originally enacted in 1872 and last amended in 1939, provides in pertinent part: “The rights of personal relations forbid: .”
Robbins v. Hamburger Home for Girls, 32 Cal. App. 4th 671 (Cal. Ct. App. 1995). · cites it 2× “B Civil Code Section 49 and Common Law Privilege Civil Code section 49 prohibits the “abduction” or “enticement” of a child.”
Butler v. Adoption Media, LLC, 486 F. Supp. 2d 1022 (N.D. Cal. 2007). “California cases, on the other hand, seemed to support a cause of action under California Civil Code § 49, which provided that “[t]he rights of personal relations forbid .”
Fischl v. Paller & Goldstein, 56 Cal. Comp. Cases 442 (Cal. Ct. App. 1991). “) Civil Code section 49, subdivision (c) generally forbids “[a]ny injury to a servant which affects his ability to serve his master, other than seduction, abduction or criminal conversation.”
Owen v. United States, 713 F.2d 1461 (9th Cir. 1983). “BCI argues that the claim is authorized by common law negligence doctrine and, more specifically, by Cal.Civ. Code § 49(c) (West 1982), which states that “[t]he rights of personal relations forbid: .”
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Cal. Civil Code § 49(a): 1 case
Ko v. Eva Airways Corp., 42 F. Supp. 3d 1296 (C.D. Cal. 2012).
Cal. Civil Code § 49(c): 1 case
Owen v. United States, 713 F.2d 1461 (9th Cir. 1983). “BCI argues that the claim is authorized by common law negligence doctrine and, more specifically, by Cal.Civ. Code § 49(c) (West 1982), which states that “[t]he rights of personal relations forbid: .”
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