California 2009-2010 Regular Session Status: Enacted

AB 712 — Small claims court: equitable relief.

Last action — Chaptered by Secretary of State - Chapter 468, Statutes of 2009.

  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 February 26, 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 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

Existing law establishes a small claims division, known as a small claims court, in each superior court. Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts. Existing law further provides that, in any of those actions, the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance in lieu of, or in addition to, money damages. This bill would provide, in addition, that a small claims court has jurisdiction over an action for an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief. The bill would provide that nothing in these provisions is intended to expand, or to encourage the expansion of, the jurisdiction of the small claims court.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 468, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 1:30 p.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 32. Noes 0. Page 2160.)

  6. Read second time. To third reading.

  7. From inactive file. To second reading.

  8. To inactive file on motion of Senator Leno.

  9. Read second time. To Consent Calendar.

  10. From committee: Do pass. To Consent Calendar. (June 9).

  11. Referred to Com. on JUD.

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

  13. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1109.)

  14. Read second time. To Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (April 21).

  16. Re-referred to Com. on JUD.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  18. In committee: Hearing postponed by committee.

  19. Referred to Com. on JUD.

  20. From printer. May be heard in committee March 29.

  21. Read first time. To print.

Sponsors

  • Evans · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Evans

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 AB712 Evans By Lowenthal

Passed 33 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 32006
Republican 1000
Democratic 0002
Total 33008
% of votes cast 80%0%0%20%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Cedillo — Not Voting
Cogdill — Not Voting
Benoit — Not Voting
Oropeza — Not Voting
Aanestad — Yea
Huff — Yea
Liu — Yea
Maldonado — Yea
Steinberg — Yea
Wiggins — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

AB 712 EVANS Consent Calendar Second Day Regular Session

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 5000
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huffman — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Jeffries — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Hayashi — Not Voting
Bass — Yea
Nielsen — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Huber — Yea
Knight — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Skinner — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
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, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 9000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Knight — Yea
Krekorian — Yea
Lieu — Yea
Brownley — Yea
Monning — Yea
Nielsen — Yea
Tran — Yea
Feuer — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does AB 712 do?
Existing law establishes a small claims division, known as a small claims court, in each superior court. Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts. Existing law further provides that, in any of those actions, the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance in lieu of, or in addition to, money damages. This bill would provide, in addition, that a small claims court has jurisdiction over an action for an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief. The bill would provide that nothing in these provisions is intended to expand, or to encourage the expansion of, the jurisdiction of the small claims court.
Who sponsors AB 712?
AB 712 is sponsored by Evans.
What is the current status of AB 712?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 712?
Track AB 712 free on One Click Politics — get push/email alerts when it moves.

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