If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
Cal. Civ. Code § 1449
Alternative Obligations
Applied in 3 court decisions — leading case 16 Cal. App. 361 - Coalinga Pacific Oil & Gas Co. v. Associated Oil Co. (1911)
Most recently applied in Blake v. Paramount Pictures, Inc. (January 1938)
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.