A person of unsound mind, of whatever degree, is civilly liable for a wrong done by the person, but is not liable in exemplary damages unless at the time of the act the person was capable of knowing that the act was wrongful.
Cal. Civ. Code § 41
PERSONS WITH UNSOUND MIND
Applied in 3 court decisions — leading case 45 Cal. App. 4th 1314 - Bashi v. Wodarz (1996)
Most recently applied in Gregory v. Cott (August 2014)
Added by Stats. 1992, Ch. 163, Sec. 3
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.