In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before maturity.
Cal. Civ. Proc. Code § 368
General Provisions
Applied in 2 court decisions — leading case Mirzai v. Kolbe Foods, Inc. (In Re Mirzai) (2001)
Most recently applied in Mirzai v. Kolbe Foods, Inc. (In Re Mirzai) (November 2001)
Enacted 1872.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.