If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is otherwise provided by the terms of the obligation.
Cal. Civ. Code § 1448
Alternative Obligations
Applied in 5 court decisions — leading case San Bernardino Valley Water Development Co. v. San Bernardino Valley Municipal Water District (1965)
Most recently applied in 632 F. Supp. 2d 1008 - Marilao v. McDONALD'S CORP. (June 2009)
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.