Bill Text: CA AB1821 | 2019-2020 | Regular Session | Chaptered
Bill Title: Contracts.
Spectrum: Committee Bill
Status: (Passed) 2019-07-12 - Chaptered by Secretary of State - Chapter 116, Statutes of 2019. [AB1821 Detail]
Download: California-2019-AB1821-Chaptered.html
Assembly Bill
No. 1821
CHAPTER 116
An act to add Section 1459.5 to the Civil Code, relating to contracts.
[
Approved by
Governor
July 12, 2019.
Filed with
Secretary of State
July 12, 2019.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1821, Committee on Judiciary.
Contracts.
Existing law regulates contracts and authorizes a non-negotiable written contract for the payment of money or personal property to be transferred by indorsement, in like manner with negotiable instruments. Under existing law, indorsement transferred all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement.
This bill would provide that a plaintiff who prevails on a cause of action against a defendant named pursuant to specified federal regulations relating to the preservation of consumers’ contract claims and defenses, or pursuant to the contractual language required by those regulations, may claim attorney’s fees, costs, and expenses from that defendant to the fullest extent permissible if the plaintiff had prevailed on that cause of
action against the seller.