A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.
Cal. Civ. Code § 1438
Conditional Obligations
Applied in 6 court decisions — leading case 46 Cal. App. 4th 534 - Frankel v. Board of Dental Examiners (1996)
Most recently applied in Alfred Johnson v. Winco Foods, LLC (June 2022)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.