California 2011-2012 Regular Session Status: In Committee

AB 1108 — Consumer remedies: litigation costs: prevailing party.

Last action — From committee without further action pursuant to Joint Rule 62(a).

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Consumer Legal Remedies Act, authorizes a consumer who suffers damage from the use of unfair methods of competition and unfair or deceptive acts, as defined, to bring an action to recover damages or other relief. Existing law requires a court to award court costs and attorney's fees to the prevailing plaintiff in an action brought pursuant to those provisions. Existing law also permits a court to award reasonable attorney's fees to a prevailing defendant only if the court finds that the plaintiff's prosecution of the action was not in good faith. This bill would revise those provisions to instead require a court to award court costs and attorney's fees to the prevailing party in the action.

Bill Text

Action History

  1. From committee without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, first hearing. Failed passage.

  3. Re-referred to Com. on JUD.

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

  5. Referred to Com. on JUD.

  6. From printer. May be heard in committee March 22.

  7. Read first time. To print.

Sponsors

  • Nielsen · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Nielsen

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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

Official roll call →

Subjects

finance 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 1108 do?
Existing law, the Consumer Legal Remedies Act, authorizes a consumer who suffers damage from the use of unfair methods of competition and unfair or deceptive acts, as defined, to bring an action to recover damages or other relief. Existing law requires a court to award court costs and attorney's fees to the prevailing plaintiff in an action brought pursuant to those provisions. Existing law also permits a court to award reasonable attorney's fees to a prevailing defendant only if the court finds that the plaintiff's prosecution of the action was not in good faith. This bill would revise those provisions to instead require a court to award court costs and attorney's fees to the prevailing party in the action.
Who sponsors AB 1108?
AB 1108 is sponsored by Nielsen.
What is the current status of AB 1108?
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 1108?
Track AB 1108 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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