AB 78 — Attorney's fees: book accounts.
Last action — Chaptered by Secretary of State - Chapter 28, Statutes of 2025.
-
✓Introduced
-
✓In Committee
-
✓Passed Assembly
-
✓Passed Senate
-
5To Executive
-
6Enacted
This bill has been sent to the executive. Introduced December 18, 2024. It awaits signature.
Next likely step: the executive signs it into law or issues a veto.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
To Executive
Current position in the legislative process.
-
1 sponsor
1 primary, 0 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (1 R).
-
Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Under existing law, in any action on a contract based on a book account, as defined, that does not provide for attorney's fees and costs, the prevailing party on the contract is entitled to reasonable attorney's fees and costs, and the court is required to fix the attorney's fees in an amount that does not exceed the lesser of $960 for book accounts that are maintained for personal, family, or household purposes of a natural person, and $1,200 for book accounts that are maintained for all other purposes, or 25% of the principal obligation owing on the contract, as applicable. This bill would increase these maximum attorney's fees to an amount not to exceed the lesser of $1,200 for book accounts that are maintained for personal, family, or household purposes of a natural person, and $1,600 for book accounts that are maintained for all other purposes, or 25% of the principal obligation owing on the contract, as applicable.
Bill Text
- Chaptered 07/14/25 - Chaptered Current pdf July 14, 2025
- Enrolled 07/08/25 - Enrolled pdf July 08, 2025
- Introduced 12/18/24 - Introduced pdf December 18, 2024
- AB78 View text html
Action History
-
Chaptered by Secretary of State - Chapter 28, Statutes of 2025.
-
Approved by the Governor.
-
Enrolled and presented to the Governor at 11 a.m.
-
In Assembly. Ordered to Engrossing and Enrolling.
-
Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 1931.).
-
Read second time. Ordered to Consent Calendar.
-
From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (June 24).
-
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 72. Noes 0. Page 572.)
-
Read second time. Ordered to Consent Calendar.
-
From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (March 4).
-
Referred to Com. on JUD.
-
Read first time.
-
From printer. May be heard in committee January 18.
-
Introduced. To print.
Sponsors
- Phillip Chen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Chen, Phillip Republican
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 29 | 0 | 0 | 1 |
| Republican | 6 | 0 | 0 | 4 |
| Total | 35 | 0 | 0 | 5 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Arreguín, Jesse | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Blakespear, Catherine S. | Democratic | Yea |
| Cabaldon, Christopher | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| McNerney, Jerry | Democratic | Yea |
| Menjivar, Caroline | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Pérez, Sasha Renée | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Not Voting |
| Richardson, Laura | Democratic | Yea |
| Rubio, Susan | Democratic | Yea |
| Smallwood-Cuevas, Lola | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Alvarado-Gil, Marie | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Not Voting |
| Grove, Shannon | Republican | Not Voting |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Ochoa Bogh, Rosilicie | Republican | Not Voting |
| Seyarto, Kelly | Republican | Not Voting |
| Strickland, Tony | Republican | Yea |
| Valladares, Suzette Martinez | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 1 |
| Democratic | 11 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 1 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Allen, Benjamin | Democratic | Yea |
| Arreguín, Jesse | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Niello, Roger W. | Republican | Yea |
| Valladares, Suzette Martinez | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 52 | 0 | 0 | 7 |
| Republican | 18 | 0 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 72 | 0 | 0 | 8 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Essayli | — | Yea |
| Ávila Farías | — | Yea |
| Addis, Dawn | Democratic | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Ahrens, Patrick | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bains, Jasmeet | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Not Voting |
| Calderon, Lisa | Democratic | Yea |
| Caloza, Jessica | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Connolly, Damon | Democratic | Yea |
| Elhawary, Sade | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Garcia, Robert | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| González, Mark | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Harabedian, John | Democratic | Yea |
| Hart, Gregg | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Krell, Maggy | Democratic | Not Voting |
| Lee, Alex | Democratic | Yea |
| Lowenthal, Josh | Democratic | Not Voting |
| McKinnor, Tina | Democratic | Yea |
| Muratsuchi, Al | Democratic | Not Voting |
| Nguyen, Stephanie | Democratic | Yea |
| Ortega, Liz | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Patel, Darshana R. | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Not Voting |
| Ransom, Rhodesia | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rodriguez, Celeste | Democratic | Yea |
| Rodriguez, Michelle | Democratic | Yea |
| Rogers, Chris | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Schiavo, Pilar | Democratic | Yea |
| Schultz, Nick | Democratic | Yea |
| Sharp-Collins, LaShae | Democratic | Yea |
| Solache, Jr., José Luis | Democratic | Yea |
| Soria, Esmeralda | Democratic | Yea |
| Stefani, Catherine | Democratic | Yea |
| Valencia, Avelino | Democratic | Not Voting |
| Ward, Christopher M. | Democratic | Not Voting |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Castillo, Leticia | Republican | Yea |
| Chen, Phillip | Republican | Yea |
| Davies, Laurie | Republican | Yea |
| DeMaio, Carl | Republican | Yea |
| Dixon, Diane | Republican | Yea |
| Ellis, Stan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Not Voting |
| Gonzalez, Jeff | Republican | Yea |
| Hadwick, Heather | Republican | Yea |
| Hoover, Josh | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Macedo, Alexandra | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
| Ta, Tri | Republican | Yea |
| Tangipa, David J. | Republican | Yea |
| Wallis, Greg | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 9 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Essayli | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Connolly, Damon | Democratic | Yea |
| Harabedian, John | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Stefani, Catherine | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 78 do?
- Under existing law, in any action on a contract based on a book account, as defined, that does not provide for attorney's fees and costs, the prevailing party on the contract is entitled to reasonable attorney's fees and costs, and the court is required to fix the attorney's fees in an amount that does not exceed the lesser of $960 for book accounts that are maintained for personal, family, or household purposes of a natural person, and $1,200 for book accounts that are maintained for all other purposes, or 25% of the principal obligation owing on the contract, as applicable. This bill would increase these maximum attorney's fees to an amount not to exceed the lesser of $1,200 for book accounts that are maintained for personal, family, or household purposes of a natural person, and $1,600 for book accounts that are maintained for all other purposes, or 25% of the principal obligation owing on the contract, as applicable.
- Who sponsors AB 78?
- AB 78 is sponsored by Chen, Phillip (Republican).
- What is the current status of AB 78?
- This bill has been sent to the executive. Introduced December 18, 2024. It awaits signature.
- Where can I track AB 78?
- Track AB 78 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on AB 78
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of AB 78
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →