California 2011-2012 Regular Session Status: Passed Senate

SB 491 — Contracts: claims.

Last action — Set, first hearing. Failed passage in committee.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law generally regulates the nature of contracts, including the nature of consent to terms within a contract. This bill would provide that any term in a contract of adhesion purporting to waive the right to join or consolidate claims, or to bring a claim as a representative member of a class or in a private attorney general capacity shall be deemed to lack the necessary consent to waive that right, and is void. The bill would provide that these provisions apply to contracts that are entered into on or after January 1, 2013.

Bill Text

Action History

  1. Set, first hearing. Failed passage in committee.

  2. From committee: Be re-referred to Com. on JUD. (Ayes 11. Noes 0.) (June 21). Re-referred to Com. on JUD.

  3. Re-referred to Com. on RLS.

  4. Ordered to third reading.

  5. Read third time and amended. (Ayes 46. Noes 25. Page 4600.)

  6. Ordered to third reading.

  7. Action rescinded whereby the bill was read third time, passed, and ordered to the Senate.

  8. In Assembly. Held at Desk.

  9. Ordered to the Assembly.

  10. Withdrawn from engrossing and enrolling.

  11. In Senate. Ordered to engrossing and enrolling.

  12. Read third time. Passed. (Ayes 62. Noes 0. Page 2163.) Ordered to the Senate.

  13. Read second time. Ordered to consent calendar.

  14. From committee: Do pass. Ordered to consent calendar. (Ayes 9. Noes 0.) (June 28).

  15. Referred to Com. on JUD.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 40. Noes 0. Page 878.) Ordered to the Assembly.

  18. Read second time. Ordered to consent calendar.

  19. From committee: Do pass. Ordered to consent calendar. (Ayes 5. Noes 0. Page 765.) (April 26).

  20. Set for hearing April 26.

  21. Re-referred to Com. on JUD.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  23. Referred to Com. on RLS.

  24. From printer. May be acted upon on or after March 20.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Evans · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

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

Do pass.

Failed 5 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5301
Republican 0100
Total 5401
% of votes cast 50%40%0%10%
How each member voted (10)
Member Party Vote
Gorell — Nay
Feuer — Yea
Atkins — Not Voting
Huber — Nay
Monning — Yea
Wagner — Nay
Wieckowski — Yea
Dickinson — Yea
Bonnie Lowenthal — Yea
Jones, Brian W. Republican Nay

Official roll call →

Be referred to Committee on Judiciary.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Hagman — Yea
Butler — Yea
Atkins — Yea
Carter — Yea
Skinner — Yea
Donnelly — Yea
Hueso — Yea
Knight — Yea
Silva — Yea
Williams — Yea
Dickinson — Yea

Official roll call →

SB 491 Evans Senate Third Reading Amend By FEUER Set #1

Passed 46 Yea · 25 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 452309
Democratic 1000
Republican 0200
Total 462509
% of votes cast 58%31%0%11%
How each member voted (80)
Member Party Vote
Gorell — Nay
Butler — Yea
Carter — Yea
Eng — Yea
Feuer — Yea
Hill — Yea
Huber — Yea
Fong — Yea
Allen — Yea
Williams — Yea
Yamada — Yea
Furutani — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gatto — Yea
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Cedillo — Not Voting
Halderman — Nay
Hall — Yea
Hayashi — Yea
Hueso — Yea
Fletcher — Not Voting
Jeffries — Nay
Knight — Nay
Lara — Yea
Chesbro — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Not Voting
Donnelly — Nay
Logue — Not Voting
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Not Voting
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Harkey — Nay
Huffman — Yea
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Swanson — Yea
Wagner — Nay
Dickinson — Yea
Fuentes — Not Voting
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 491 Evans Consent Calendar Second Day

Passed 62 Yea · 0 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 600017
Republican 1001
Democratic 1000
Total 620018
% of votes cast 78%0%0%23%
How each member voted (80)
Member Party Vote
Hagman — Yea
Eng — Yea
Butler — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Fong — Yea
Campos — Yea
Allen — Yea
Halderman — Yea
Hayashi — Yea
Huber — Yea
Hueso — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Jeffries — Yea
Logue — Yea
Miller — Yea
Bonilla — Yea
Monning — Yea
Morrell — Yea
Fletcher — Not Voting
Beall — Yea
Block — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Atkins — Not Voting
Gorell — Not Voting
Hall — Not Voting
Harkey — Not Voting
Lara — Not Voting
Ammiano — Not Voting
Cedillo — Not Voting
Mendoza — Not Voting
Perea — Not Voting
Smyth — Not Voting
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Ma — Not Voting
Mansoor — Yea
Norby — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Not Voting
Garrick — Not Voting
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Feuer — Yea
Monning — Yea
Atkins — Yea
Huffman — Not Voting
Wagner — Yea
Wieckowski — Yea
Huber — Yea
Dickinson — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea

Official roll call →

Consent Calendar 2nd

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Corbett — Yea
Harman — Yea
Hernandez — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Huff — Yea
Lieu — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

civil-rights labor
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 SB 491 do?
Existing law generally regulates the nature of contracts, including the nature of consent to terms within a contract. This bill would provide that any term in a contract of adhesion purporting to waive the right to join or consolidate claims, or to bring a claim as a representative member of a class or in a private attorney general capacity shall be deemed to lack the necessary consent to waive that right, and is void. The bill would provide that these provisions apply to contracts that are entered into on or after January 1, 2013.
Who sponsors SB 491?
SB 491 is sponsored by Evans.
What is the current status of SB 491?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 491?
Track SB 491 free on One Click Politics — get push/email alerts when it moves.

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