California Code, COM 7601.

California Code, COM 7601.

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Code: Select Code CONS BPC CIV CCP COM CORP EDC ELEC EVID FAM FIN FGC FAC GOV HNC HSC INS LAB MVC PEN PROB PCC PRC PUC RTC SHC UIC VEH WAT WIC Article:Section:

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Commercial Code - COM

DIVISION 7. DOCUMENTS OF TITLE [7101 - 7603] Â Â ( Division 7 repealed and added by Stats. 2006, Ch. 254, Sec. 49. ) Â Â

CHAPTER 6. Warehouse Receipts and Bills Of Lading: Miscellaneous Provisions [7601 - 7603] Â Â ( Chapter 6 added by Stats. 2006, Ch. 254, Sec. 49. )

  7601.  (a) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant’s posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was nonnegotiable, the court may require security. The court may also order payment of the bailee’s reasonable costs and attorney’s fees in any action under this subdivision. (b) A bailee that, without a court order, delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within one year after the delivery. (Repealed and added by Stats. 2006, Ch. 254, Sec. 49. Effective January 1, 2007.)