Bill Text: CA AB1821 | 2019-2020 | Regular Session | Enrolled

California Assembly Bill 1821 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Enrolled.html

Enrolled July 03, 2019

Passed IN Senate July 01, 2019

Passed IN Assembly April 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1821

Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Chau, Chiu, Gonzalez, Holden, Kalra, Petrie-Norris, and Reyes)

March 06, 2019

An act to add Section 1459.5 to the Civil Code, relating to contracts.

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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1459.5 is added to the Civil Code, to read:

1459.5.

A plaintiff who prevails on a cause of action against a defendant named pursuant to Title 16, Part 433 of the Code of Federal Regulations or any successor thereto, or pursuant to the contractual language required by that part or any successor thereto, 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.