Cal. Commercial Code 1206
(1) Except in the cases described in subdivision (2) of this section
a contract for the sale of personal property is not enforceable by way of action or
defense beyond five thousand dollars ($5,000) in amount or value of remedy unless there is
some writing which indicates that a contract for sale has been made between the parties at
a defined or stated price, reasonably identifies the subject matter, and is signed by the
party against whom enforcement is sought or by his or her authorized agent.
(2) Subdivision (1) of this section does not apply to contracts for the
sale of goods (Section 2201) nor of securities (Section 8113) nor to security agreements
(Section 9203).
(3) Subdivision (1) of this section does not apply to a qualified
financial contract as that term is defined in paragraph (2) of subdivision (b) of Section
1624 of the Civil Code if either (a) there is, as provided in paragraph (3) of subdivision
(b) of 1624 of the Civil Code, sufficient evidence to indicate that a contract has been
made or (b) the parties thereto, by means of a prior or subsequent written contract, have
agreed to be bound by the terms of the qualified financial contract from the time they
reach agreement (by telephone, by exchange of electronic messages, or otherwise) on those
terms.