California 2011-2012 Regular Session Status: In Committee

AB 158 — Civil actions: damages.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2011-2012 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes the plaintiff, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. This bill would provide, in a case involving injury or harm allegedly caused by a product, that the manufacturer, distributor, or seller of the product shall not be guilty of oppression, fraud, or malice if, at the time of manufacture, distribution, or sale, the product, or the aspect, component, warning, or absence of warning contained in or accompanying the product that allegedly caused the injury or harm, was either approved by, or in material compliance with, a statute or the standards, rules, regulations, requirements, or specifications of, a federal or state agency responsible for regulating, evaluating, or approving the product, except as specified.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set first hearing. Failed passage. Reconsideration granted.

  4. Re-referred to Com. on JUD.

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

  6. Referred to Com. on JUD.

  7. From printer. May be heard in committee February 19.

  8. Read first time. To print.

Sponsors

  • Halderman · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Halderman

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 3 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2700
Republican 1000
Total 3700
% of votes cast 30%70%0%0%
How each member voted (10)
Member Party Vote
Gorell — Yea
Feuer — Nay
Atkins — Nay
Huber — Nay
Huffman — Nay
Monning — Nay
Wieckowski — Nay
Wagner — Yea
Dickinson — Nay
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights
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 158 do?
Existing law authorizes the plaintiff, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. This bill would provide, in a case involving injury or harm allegedly caused by a product, that the manufacturer, distributor, or seller of the product shall not be guilty of oppression, fraud, or malice if, at the time of manufacture, distribution, or sale, the product, or the aspect, component, warning, or absence of warning contained in or accompanying the product that allegedly caused the injury or harm, was either approved by, or in material compliance with, a statute or the standards, rules, regulations, requirements, or specifications of, a federal or state agency responsible for regulating, evaluating, or approving the product, except as specified.
Who sponsors AB 158?
AB 158 is sponsored by Halderman.
What is the current status of AB 158?
This bill died with 2011-2012 Regular Session. It reached “In Committee” 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 AB 158?
Track AB 158 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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