One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides.
Cal. Civ. Code § 1712
OBLIGATIONS IMPOSED BY LAW
Applied in 3 court decisions — leading case 114 Cal. App. 2d 122 - Igauye v. Howard (1952)
Most recently applied in Stan Lee Trading, Inc. v. Holtz (December 1986)
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.