How have courts interpreted section 2076 of the California Code of Civil Procedure when a creditor refuses to accept a tender without informing the debtor that the tender is nonconforming?

California, United States of America


The following excerpt is from Grant v. Bank of Am., N.A., G058111 (Cal. App. 2020):

which provides, "The person to whom a tender is made must, at the time, specify any objection he may have to the money, instrument, or property, or he must be deemed to have waived it; and if the objection be to the amount of money, the terms of the instrument, or the amount or kind of property, he must specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards." However, the purpose of that section is simply "to allow a debtor who is willing and able to pay his debt to know what his creditor demands, so that the debtor may, if he wishes, make a conforming tender." (Sanguansak v. Myers (1986) 178 Cal.App.3d 110, 115.) The cases applying Code of Civil Procedure section 2076 generally rely on estoppel and "arise either where a creditor has refused a tender without specifying his reasons for the refusal or where he has accepted a tender without informing the debtor that the tender is nonconforming." (Sanguansak, at p. 115.)

Other Questions


How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
What is the effect of section 31103 of the California Code of Civil Procedure on the interpretation of the Section 31103 section? (California, United States of America)
Does section 125.3 of the California Code of Civil Procedure apply to the construction of the statute, and if so, does the court have jurisdiction to interpret the interpretation of the law? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
How have courts interpreted section 213.5 of the California Code of Civil Procedure in the context of statutory interpretation? (California, United States of America)
How have courts interpreted section 830.6(1) of the California Highway Code of Civil Procedure when determining whether a defendant is immune from liability under the California Motor Vehicle Act? (California, United States of America)
How have courts interpreted section 17,000 of the California Code of Civil Procedure and how have they interpreted the law? (California, United States of America)
How have courts interpreted section 19996.2(a) of the California Civil Code of Civil Procedure when determining whether an employee has been on an unauthorized leave for a period of time? (California, United States of America)
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.