Ash Kalra
- Democratic
- Assemblymember
- District 25
Author
Existing law, the Song-Beverly Consumer Warranty Act, provides that if a manufacturer of a new motor vehicle, as defined, or the manufacturer's in-state representative, is unable to service or repair the vehicle to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer must either repurchase or replace the vehicle, as specified. Existing law, the Tanner Consumer Protection Act, creates the presumption that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if specified conditions are met. Under existing law, the buyer of a new motor vehicle may not assert this presumption until after the buyer has initially resorted to a qualified third-party dispute resolution process, if that process exists and certain additional conditions are met. Existing law provides that if, among other things, a qualified third-party dispute resolution process does not exist, the buyer of a new motor vehicle may assert the above presumption in an action to enforce the buyer's rights under the Song-Beverly Consumer Warranty Act. Existing law provides that the buyer of a new motor vehicle who is damaged by a manufacturer's failure to comply with specified requirements of the Song-Beverly Consumer Warranty Act or the Tanner Consumer Protection Act may bring an action for the recovery of damages and other equitable and legal relief. Existing law provides that if the buyer establishes that the manufacturer's failure to comply was willful, the judgment may also include a civil penalty which shall not exceed 2 times the amount of actual damages. This bill would provide that an action seeking the restitution for or replacement of a new motor vehicle, or for civil penalties, pursuant to the provisions of the Song-Beverly Consumer Warranty Act or Tanner Consumer Protection Act described above must be commenced within one year after the expiration of the applicable express warranty, and in no event may be brought later than 6 years after the date of original delivery of the vehicle, subject to specified tolling provisions. Beginning April 1, 2025, the bill would require the consumer to, prior to seeking civil penalties, provide a written notice to the manufacturer that, among other things, demands the manufacturer's restitution for or replacement of the consumer's vehicle. The bill would require mediation in an action seeking the restitution for or replacement of a new motor vehicle, or for civil penalties, and would stay all discovery, except a limited set of disclosures and depositions, in such actions until mediation is concluded. The bill would, for such actions filed on or after January 1, 2025, authorize the court to impose specified sanctions on represented parties who fail to comply with its provisions. The bill would provide that the duties and obligations it imposes are cumulative with, and do not limit or expand, duties and obligations imposed under any other law.
Chaptered by Secretary of State - Chapter 938, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 4.).
Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
From committee: That the Senate amendments be concurred in. (Ayes 9. Noes 1.) (August 30).
Joint Rule 62(a) suspended.
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 4.).
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 9. Noes 1.) (August 26).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(c).
Joint Rule 61 suspended.
Read second time. Ordered to third reading.
From inactive file.
Read second time and amended. Ordered returned to second reading.
Ordered to second reading.
Ordered to inactive file at the request of Senator Skinner.
Ordered to third reading.
From special consent calendar
Ordered to special consent calendar.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (September 1).
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on HUMAN S.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 2022.)
Read second time. Ordered to third reading.
Joint Rule 62(a), file notice suspended. (Page 1580.)
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (May 18).
In committee: Set, first hearing. Referred to APPR. suspense file.
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 18). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Introduced measure version corrected.
From printer. May be heard in committee April 2.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1755 | HTML |
| 03/02/23 - Introduced | |
| 03/27/23 - Amended Assembly | |
| 05/18/23 - Amended Assembly | |
| 06/20/23 - Amended Senate | |
| 08/20/24 - Amended Senate | |
| 08/26/24 - Amended Senate | |
| 09/05/24 - Enrolled | |
| 09/29/24 - Chaptered |
| Document | Format |
|---|---|
| 04/15/23- Assembly Judiciary | |
| 05/15/23- Assembly Appropriations | |
| 05/24/23- ASSEMBLY FLOOR ANALYSIS | |
| 06/23/23- Senate Judiciary | |
| 06/30/23- Senate Human Services | |
| 08/18/23- Senate Appropriations | |
| 09/02/23- Sen. Floor Analyses | |
| 08/24/24- Senate Judiciary | |
| 08/26/24- Sen. Floor Analyses | |
| 08/26/24- Senate Judiciary | |
| 08/30/24- ASSEMBLY FLOOR ANALYSIS | PDF PDF |
| 08/30/24- Assembly Judiciary |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.