Authority of Agents
Applied in 6 court decisions — leading case Otto v. Niles (1997)
Most recently applied in Primiani v. Federal Insurance (November 2006)
Amended by Stats. 1988, Ch. 113, Sec. 5
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.
An authority expressed in general terms, however broad, does not authorize an agent to do any of the following:
(a) Act in the agent’s own name, unless it is the usual course of business to do so.
(b) Define the scope of the agency.
(c) Violate a duty to which a trustee is subject under Section 16002, 16004, 16005, or 16009 of the Probate Code.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.