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Cal. Civ. Code § 2349

Delegation of Agency

Applied in 17 court decisions — leading case 1 Cal. 3d 586 - United States Liability Insurance v. Haidinger-Hayes, Inc. (1970)

Most recently applied in 116 F. Supp. 3d 1010 - Monterey Bay Military Housing, LLC v. Pinnacle Monterey LLC (July 2015)

Enacted 1872.

How often courts cite this section

189119001925195019752000201520
citing decisions per year

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 agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others:

1. When the act to be done is purely mechanical;

2. When it is such as the agent cannot himself, and the sub-agent can lawfully perform;

3. When it is the usage of the place to delegate such powers; or,

4. When such delegation is specially authorized by the principal.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.