Ash Kalra
- Democratic
- Assemblymember
- District 25
Author
Existing law prescribes periods for commencement of various actions. Among others, an action upon book account must be commenced within 4 years of the date of the last item on the account, as specified. Existing law defines "book account" for these purposes as a detailed statement constituting the principal record of transactions between a debtor and a creditor. This bill would exclude consumer debt from the definition of "book account." The bill would define consumer debt to mean any obligation or alleged obligation, incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes and where the obligation to pay appears on the face of a note or written contract. Existing law permits actions to recover money damages. Under existing case law, courts recognize that common counts may be used to do so as a simplified form of pleading to assert the existence of various forms of monetary indebtedness. This bill would prohibit the use of common counts, as defined, to recover consumer debt, as defined.
Chaptered by Secretary of State - Chapter 688, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 18. Page 3412.).
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 2643.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 9. Noes 2.) (July 6).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 18. Page 1952.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 9. Noes 1.) (April 24).
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on B. & F. (Ayes 8. Noes 3.) (April 11).
From printer. May be heard in committee March 20.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1414 | HTML |
| 02/17/23 - Introduced | |
| 04/12/23 - Amended Assembly | |
| 04/26/23 - Amended Assembly | |
| 07/10/23 - Amended Senate | |
| 09/08/23 - Amended Senate | |
| 09/18/23 - Enrolled | |
| 10/10/23 - Chaptered |
| Document | Format |
|---|---|
| 04/08/23- Assembly Judiciary | |
| 04/21/23- Assembly Banking and Finance | |
| 04/28/23- ASSEMBLY FLOOR ANALYSIS | |
| 07/03/23- Senate Judiciary | |
| 09/12/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/12/23- Sen. Floor Analyses |
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