Novation [1530. - [1533.]]
Applied in 37 court decisions — leading case Weber v. Marine Cooks' & Stewards' Ass'n (1949)
Most recently applied in Trudeau v. Google LLC (October 2018)
Enacted 1872.
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.
Novation is made:
1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation;
2. By the substitution of a new debtor in place of the old one, with intent to release the latter; or,
3. By the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.