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HomeHealth and Safety CodeDiv. 45Pt. 2Ch. 8Art. 5§ 79760 Cost Liability Apportionment Rules

§ 79760 Cost Liability Apportionment Rules

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 79760 Cost Liability Apportionment Rules

Key Takeaways

  • •If you're found responsible for some costs, you only pay for the part you caused.
  • •If it's unclear who caused what, the court will split the costs fairly among those involved.
  • •This rule doesn't apply in special cases mentioned in Section 79765.

Example

Two neighbors accidentally break a shared fence. One neighbor admits they only broke a small part, while the other isn't sure how much they broke.

The neighbor who admits to breaking a small part only pays for fixing that part. If it's unclear how much the other neighbor broke, the court will decide a fair way to split the rest of the repair costs.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 79760 Cost Liability Apportionment Rules

(a) Except as provided in Section 79765, a party found liable for costs recoverable under this part who establishes by a preponderance of the evidence that only a portion of those costs are attributable to that party’s actions shall be required to pay only for that portion. (b) Except as provided in Section 79765, if the trier of fact finds the evidence insufficient to establish each party’s portion of costs under subdivision (a), the court shall apportion those costs, to the extent practicable, according to equitable principles, among the defendants. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)

Last verified: January 24, 2026

Key Terms

portdefendantif someoneevidenceoperative januarypreponderance

Related Statutes

  • § 79765 Contractor Cost Liability Limits
  • § 40842 Contempt For Subpoena Violations
  • § 18114.1 Mobilehome Registration Fee Exemption
  • § 2829 District Formation Hearing Rules
  • § 79800 Rebuttal Of Hazardous Release Presumption

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 79760.
View Official Source