If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositary is presumed to have willfully, or by gross negligence, permitted the loss or injury to occur.
Cal. Civ. Code § 1838
General Provisions [1833. - [1840.]]
Applied in 2 court decisions — leading case Wilson v. Crown Transfer & Storage Co. (1927)
Most recently applied in 185 F. Supp. 2d 1103 - Intercargo Insurance v. Burlington Northern Santa Fe Railroad (September 2001)
Enacted 1872.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.