California 2011-2012 Regular Session Status: Enacted

AB 2364 — Civil procedure: attachment.

Last action — Chaptered by Secretary of State - Chapter 484, Statutes of 2012.

  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 24, 2012. 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 8 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 procedures for service of various legal processes on financial institutions, and procedures for attachment and execution of levies served on financial institutions. Existing law requires service in connection with a levy to be made upon the branch or at the office that has actual possession of the property levied upon, or where the deposit account levied upon is carried, as specified. This bill would instead require a financial institution that has more than 9 branch offices in California to designate one or more central locations for service of legal process within the state, and would authorize a financial institution with fewer than 9 branch offices in California to do the same. The bill would establish procedures for service of process and execution of levies at a financial institution's central locations and other branches. The bill would require financial institutions designating central locations to file a notice of the designation with the Department of Financial Institutions. The bill would require the department to update its online records to reflect the designation, and would require the department to provide a copy of the current notice to any person upon request, as specified. The bill would establish procedures for a judgment creditor to engage in a levy action against a specific deposit account or safe deposit box at a financial institution, including by filing a written request with the financial institution for enforcement against the account or safe deposit box. The bill would require the request to contain specified information. The bill would require a levying officer to give at least 3 days' notice to the judgment creditor regarding opening and seizing the contents of a safe deposit box pursuant to these provisions, as specified. The bill would make additional conforming changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 484, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6514.).

  5. Assembly Rule 77 suspended. (Page 6488.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4871.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Ordered to third reading.

  11. From consent calendar.

  12. Ordered to special consent calendar.

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 7. Noes 0.) (August 6).

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 3).

  17. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on JUD.

  18. Referred to Coms. on B. & F.I. and JUD.

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 5034.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 17. Noes 0.) (May 16).

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 24).

  26. Referred to Com. on JUD.

  27. Read first time.

  28. From printer. May be heard in committee March 27.

  29. Introduced. To print.

Sponsors

  • Wagner · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Wagner

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

AB 2364 WAGNER Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Yamada — Yea
Feuer — Yea
Furutani — Yea
Gordon — Yea
Hagman — Yea
Halderman — Yea
Hall — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Hill — Yea
Atkins — Yea
Huber — Yea
Butler — Yea
Huffman — Yea
Jeffries — Yea
Campos — Yea
Portantino — Yea
Logue — Yea
Allen — Yea
Mendoza — Yea
Miller — Yea
Ammiano — Yea
Blumenfield — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Donnelly — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Fuentes — Yea
Galgiani — Yea
Gorell — Not Voting
Beall — Yea
Block — Yea
Monning — Yea
Morrell — Yea
Smyth — Yea
Achadjian — Yea
Alejo — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Knight — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Valadao — Yea
Williams — Yea
Carter — Yea
Cook — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB2364 Wagner By Walters

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Fuller — Yea
Correa — Yea
Runner — Not Voting
Dutton — Yea
Harman — Yea
Anderson — Yea
Blakeslee — Yea
Huff — Yea
Kehoe — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Leno — Yea
Price — Yea
Simitian — Yea
Wolk — Yea
Cannella — Yea
Wyland — Not Voting
Emmerson — Yea
Evans — 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 →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kehoe — Yea
Dutton — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea

Official roll call →

AB 2364 WAGNER Assembly Third Reading

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 71006
Republican 2000
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Gorell — Yea
Halderman — Yea
Eng — Yea
Feuer — Yea
Garrick — Yea
Butler — Yea
Carter — Yea
Conway — Yea
Hagman — Yea
Fong — Yea
Cook — Yea
Allen — Yea
Hill — Yea
Huber — Yea
Alejo — Yea
Brownley — Yea
Logue — Yea
Ma — Yea
Olsen — Yea
Perea — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Fuentes — Yea
Portantino — Yea
John A. Pérez — Yea
Galgiani — Yea
Gordon — Yea
Campos — Yea
Hall — Not Voting
Bonilla — Yea
Atkins — Yea
Fletcher — Not Voting
Hayashi — Yea
Cedillo — Not Voting
Mitchell — Not Voting
Hueso — Yea
Chesbro — Yea
Beall — Yea
Davis — Yea
Donnelly — Yea
Huffman — Yea
Knight — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Not Voting
Achadjian — Yea
Ammiano — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Buchanan — Yea
Harkey — Yea
Jeffries — Yea
Lara — Yea
Mansoor — Yea
Mendoza — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Dickinson — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Mitchell — Yea
Blumenfield — Yea
Davis — Yea
Donnelly — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Bradford — Yea
Hill — Yea
Calderon, Lisa Democratic 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 2364 do?
Existing law establishes procedures for service of various legal processes on financial institutions, and procedures for attachment and execution of levies served on financial institutions. Existing law requires service in connection with a levy to be made upon the branch or at the office that has actual possession of the property levied upon, or where the deposit account levied upon is carried, as specified. This bill would instead require a financial institution that has more than 9 branch offices in California to designate one or more central locations for service of legal process within the state, and would authorize a financial institution with fewer than 9 branch offices in California to do the same. The bill would establish procedures for service of process and execution of levies at a financial institution's central locations and other branches. The bill would require financial institutions designating central locations to file a notice of the designation with the Department of Financial Institutions. The bill would require the department to update its online records to reflect the designation, and would require the department to provide a copy of the current notice to any person upon request, as specified. The bill would establish procedures for a judgment creditor to engage in a levy action against a specific deposit account or safe deposit box at a financial institution, including by filing a written request with the financial institution for enforcement against the account or safe deposit box. The bill would require the request to contain specified information. The bill would require a levying officer to give at least 3 days' notice to the judgment creditor regarding opening and seizing the contents of a safe deposit box pursuant to these provisions, as specified. The bill would make additional conforming changes.
Who sponsors AB 2364?
AB 2364 is sponsored by Wagner.
What is the current status of AB 2364?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2364?
Track AB 2364 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2364

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.

Find my representatives → Run a campaign

Stay ahead of AB 2364

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →