{
  "section": "5985",
  "code": "California Civil Code",
  "law_code": "CIV",
  "citation": "California Civil Code § 5985",
  "heading": "Comparative Fault of the Association",
  "heading_is_editorial": true,
  "effective": "2013-01-01",
  "amended_by": "Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.",
  "official_credit_line": "Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.",
  "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=5985.",
  "page_url": "https://quoroom.org/law/enforcement",
  "pending_amendment": null,
  "version_history": [],
  "verified": "two sources agree",
  "verification_note": "Text taken verbatim from the Legislative Counsel of California official code database and checked word for word against an independent publisher.",
  "sources": [
    {
      "url": "https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip",
      "accessed": "2026-10-12",
      "name": "leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL)",
      "note": "Authoritative. Retrieved with tools/fetch.py, which reads the archive's central directory by HTTP range request and fetches only this section's member. The leginfo.legislature.ca.gov HTML page sits behind a bot challenge; this is the same database that backs it."
    },
    {
      "url": "https://california.public.law/codes/civil_code_section_5985",
      "accessed": "2026-10-12",
      "name": "California Public Law (Public.Law)",
      "note": "Independent publisher, used to check the text word for word.",
      "edition": "2025"
    }
  ],
  "subdivisions": [
    {
      "id": "a",
      "label": "(a)",
      "text": "In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 5980, the amount of damages recovered by the association shall be reduced by the amount of damages allocated to the association or its managing agents in direct proportion to their percentage of fault based upon principles of comparative fault. The comparative fault of the association or its managing agents may be raised by way of defense, but shall not be the basis for a cross-action or separate action against the association or its managing agents for contribution or implied indemnity, where the only damage was sustained by the association or its members. It is the intent of the Legislature in enacting this subdivision to require that comparative fault be pleaded as an affirmative defense, rather than a separate cause of action, where the only damage was sustained by the association or its members.",
      "anchor": "https://quoroom.org/law/enforcement#s5985-a"
    },
    {
      "id": "b",
      "label": "(b)",
      "text": "In an action involving damages described in subdivision (b), (c), or (d) of Section 5980, the defendant or cross-defendant may allege and prove the comparative fault of the association or its managing agents as a setoff to the liability of the defendant or cross-defendant even if the association is not a party to the litigation or is no longer a party whether by reason of settlement, dismissal, or otherwise.",
      "anchor": "https://quoroom.org/law/enforcement#s5985-b"
    },
    {
      "id": "c",
      "label": "(c)",
      "text": "Subdivisions (a) and (b) apply to actions commenced on or after January 1, 1993.",
      "anchor": "https://quoroom.org/law/enforcement#s5985-c"
    },
    {
      "id": "d",
      "label": "(d)",
      "text": "Nothing in this section affects a person’s liability under Section 1431, or the liability of the association or its managing agent for an act or omission that causes damages to another.",
      "anchor": "https://quoroom.org/law/enforcement#s5985-d"
    }
  ]
}