An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.
Cal. Civ. Code § 1495
Offer of Performance
Applied in 22 court decisions — leading case 15 Cal. App. 3d 112 - Karlsen v. American Savings & Loan Ass'n (1971)
Most recently applied in 238 Cal. Rptr. 3d 528 - Turner v. Seterus, Inc. (September 2018)
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.