Civ. Code, § 3339.10 · Article 2. Damages for Wrongs
Civ. Code, § 3339.10
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The immigration or citizenship status of any person is irrelevant to any issue of liability or remedy under Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3, Chapter 2 (commencing with Section 789) of Title 2 of Part 2 of Division 2 of this code, or under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, or in any civil action involving a tenant’s housing rights.
(b) (1) In proceedings or discovery undertaken in a civil action to enforce Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3, Chapter 2 (commencing with Section 789) of Title 2 of Part 2 of Division 2 of this code, or under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, or in any civil action involving a tenant’s housing rights, no inquiry shall be permitted into a person’s immigration or citizenship status, except as follows:
(A) The tenant’s claims or defenses raised place the person’s immigration or citizenship status directly in contention.
(B) The person seeking to make this inquiry demonstrates by clear and convincing evidence that this inquiry is necessary in order to comply with federal immigration law.
(2) The assertion of an affirmative defense to an unlawful detainer action under Section 1161.4 of the Code of Civil Procedure does not constitute cause under this subdivision for discovery or other inquiry into that person’s immigration or citizenship status.
Notes and commentary — not statutory text
History
Added by Stats. 2017, Ch. 489, Sec. 7. (AB 291) Effective January 1, 2018.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3339.10.
- Text hash
- sha256 c3bf119ad2604be5833838bfd0ae0a38ccc7d9c172b48d1fa38310365748aeae
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Code
- Civ. Code, div. 2, pt. 2, tit. 2, ch. 2Termination of EstatesPrinted as Chapter 2 (commencing with Section 789) of Title 2 of Part 2 of Division 2 of this code
- Civ. Code, div. 3, pt. 4, tit. 5, ch. 2Hiring of Real PropertyPrinted as Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 … of this code
Code of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.