California 2009-2010 Regular Session Status: Enacted

AB 121 — Judgment liens: continuation.

Last action — Chaptered by Secretary of State - Chapter 410, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 15, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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

Existing law provides that a judgment lien on specified personal property is created by filing a notice of judgment lien in the office of the Secretary of State. Existing law also provides that, unless the money judgment is satisfied or the judgment lien is terminated or released, the judgment lien continues for 5 years from the date of filing. This bill would authorize a continuation statement, as defined, to be filed not more than 6 months before the expiration of the 5-year period of the judgment lien. A continuation statement would extend the effectiveness of the judgment lien for another 5 years commencing on the date the lien would have expired. The bill would authorize the filing of successive continuation statements. The bill would set forth the circumstances under which the lien would be extinguished. In that case, the bill would require the judgment creditor to file a statement of release within 20 days after the judgment creditor receives an authenticated demand from a judgment debtor. The bill would also authorize the person who made the demand to apply for an order releasing the judgment lien, as specified, if the judgment creditor does not file a statement of release pursuant to that provision. The bill would set forth related fees and definitions for these provisions, and provide for attorney's fees in an action or proceeding maintained pursuant to these provisions. The bill would also specify that nothing in those provisions would be in derogation of any other relief to which an aggrieved person may be entitled by law. The bill would provide that a court order to release the judgment lien may be filed in the office of the Secretary of State.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 410, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5:15 p.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 39. Noes 0. Page 1916.)

  6. Read second time. To third reading.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  8. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (June 16).

  9. Referred to Com. on JUD.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 976.)

  12. Read second time. To third reading.

  13. From committee: Do pass. (Ayes 16. Noes 0.) (April 1).

  14. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (March 17).

  15. Referred to Com. on JUD.

  16. From printer. May be heard in committee February 15.

  17. Read first time. To print.

Sponsors

  • Hernandez · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Hernandez

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly 3rd Reading AB121 Hernandez By Harman

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Yea
Cogdill — Yea
Hancock — Yea
Hollingsworth — Not Voting
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Ducheny — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Wolk — Yea
Cedillo — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 121 HERNANDEZ Assembly Third Reading

Passed 85 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78006
Democratic 4001
Republican 3000
Total 85007
% of votes cast 92%0%0%8%
How each member voted (92)
Member Party Vote
Carter — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huber — Yea
Fletcher — Yea
Gaines — Yea
Ammiano — Yea
Beall — Yea
Duvall — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Charles — Not Voting
Yamada — Yea
Chesbro — Not Voting
Hagman — Not Voting
Hall — Not Voting
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Not Voting
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Miller — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Republican 2000
Democratic 0001
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
Hall — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Charles — Not Voting
Fuentes — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Price — Yea
Solorio — Yea
Duvall — Yea
Ammiano — Yea
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 121 do?
Existing law provides that a judgment lien on specified personal property is created by filing a notice of judgment lien in the office of the Secretary of State. Existing law also provides that, unless the money judgment is satisfied or the judgment lien is terminated or released, the judgment lien continues for 5 years from the date of filing. This bill would authorize a continuation statement, as defined, to be filed not more than 6 months before the expiration of the 5-year period of the judgment lien. A continuation statement would extend the effectiveness of the judgment lien for another 5 years commencing on the date the lien would have expired. The bill would authorize the filing of successive continuation statements. The bill would set forth the circumstances under which the lien would be extinguished. In that case, the bill would require the judgment creditor to file a statement of release within 20 days after the judgment creditor receives an authenticated demand from a judgment debtor. The bill would also authorize the person who made the demand to apply for an order releasing the judgment lien, as specified, if the judgment creditor does not file a statement of release pursuant to that provision. The bill would set forth related fees and definitions for these provisions, and provide for attorney's fees in an action or proceeding maintained pursuant to these provisions. The bill would also specify that nothing in those provisions would be in derogation of any other relief to which an aggrieved person may be entitled by law. The bill would provide that a court order to release the judgment lien may be filed in the office of the Secretary of State.
Who sponsors AB 121?
AB 121 is sponsored by Hernandez.
What is the current status of AB 121?
This bill has been enacted into law. Introduced January 15, 2009. Enacted.
Where can I track AB 121?
Track AB 121 free on One Click Politics — get push/email alerts when it moves.

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