California 2013-2014 Regular Session Status: Enacted

AB 2136 — Contracts: statute of frauds.

Last action — Chaptered by Secretary of State - Chapter 107, Statutes of 2014.

  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 20, 2014. 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 prescribes the manner in which contracts may be created. Under existing law, certain contracts are invalid unless the contract, or some note or memorandum of the contract, is in writing and subscribed by the party to be charged. Under existing law, an agreement or contract that is valid in other respects and is otherwise enforceable is not invalid for lack of a note, memorandum, or other writing and is enforceable by way of action or defense, provided that the agreement or contract is a qualified financial contract, as defined, and there is sufficient evidence to indicate that a contract has been made, including, among other alternatives, a written confirmation or the parties have agreed by some other means to be bound by the terms of the qualified financial contract from the time they reached agreement on those terms. This bill would provide that an electronic message of an ephemeral nature that is not designed to be retained or to create a permanent record, such as a text message or an instant message, is insufficient to constitute a contract to convey real property, in the absence of a written confirmation that conforms to a specified requirement of existing law. Existing law requires a licensed real estate broker to retain for 3 years copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed by him or her or obtained by him or her in connection with any transactions for which a real estate broker license is required. This bill would prohibit this requirement from being construed to require retention of electronic messages of an ephemeral nature, as described in the bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 107, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:15 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 0. Page 4147.).

  6. Ordered to special consent calendar.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 6. Noes 0.) (June 10).

  9. Referred to Com. on JUD.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4966.)

  12. Read second time. Ordered to consent calendar.

  13. From committee: Do pass. To consent calendar. (Ayes 10. Noes 0.) (May 6).

  14. Re-referred to Com. on JUD.

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

  16. Referred to Com. on JUD.

  17. From printer. May be heard in committee March 23.

  18. Read first time. To print.

Sponsors

  • Daly · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Daly

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

Special Consent #17

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Democratic 1002
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Lieu — Yea
Pavley — Yea
Cannella — Yea
Correa — Yea
Evans — Yea
Wright — Not Voting
Wyland — Yea
Fuller — Yea
Galgiani — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Corbett — Yea
Beall — Yea
Block — Not Voting
Hill — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Lara — Yea
Leno — Not Voting
Liu — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Not Voting
Torres — Yea
Vidak — Yea
Walters — Yea
Wolk — Not Voting
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Anderson — Yea
Leno — Yea
Monning — Yea
Vidak — Yea
Lara — Yea
Corbett — Not Voting
Jackson, Corey A. Democratic Yea

Official roll call →

AB 2136 DALY Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 71001
Democratic 4000
Republican 3000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Not Voting
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Wagner — Yea
Wieckowski — Yea
Dababneh — Yea
Campos — Yea
Nazarian — Yea
Bloom — Yea
Daly — Yea
Chau — Yea
Allen — Yea
Chesbro — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Hall — Yea
Harkey — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Lowenthal — Yea
Garcia — Yea
Medina — Yea
Atkins — Yea
Fong — Yea
Chávez — Yea
Melendez — Yea
Mullin — Yea
Ammiano — Yea
Bigelow — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Skinner — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Maienschein — Yea
Wagner — Yea
Alejo — Yea
Garcia — Yea
Wieckowski — Yea
Chau — Yea
Dickinson — Yea
Gorell — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

finance housing
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 2136 do?
Existing law prescribes the manner in which contracts may be created. Under existing law, certain contracts are invalid unless the contract, or some note or memorandum of the contract, is in writing and subscribed by the party to be charged. Under existing law, an agreement or contract that is valid in other respects and is otherwise enforceable is not invalid for lack of a note, memorandum, or other writing and is enforceable by way of action or defense, provided that the agreement or contract is a qualified financial contract, as defined, and there is sufficient evidence to indicate that a contract has been made, including, among other alternatives, a written confirmation or the parties have agreed by some other means to be bound by the terms of the qualified financial contract from the time they reached agreement on those terms. This bill would provide that an electronic message of an ephemeral nature that is not designed to be retained or to create a permanent record, such as a text message or an instant message, is insufficient to constitute a contract to convey real property, in the absence of a written confirmation that conforms to a specified requirement of existing law. Existing law requires a licensed real estate broker to retain for 3 years copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed by him or her or obtained by him or her in connection with any transactions for which a real estate broker license is required. This bill would prohibit this requirement from being construed to require retention of electronic messages of an ephemeral nature, as described in the bill.
Who sponsors AB 2136?
AB 2136 is sponsored by Daly.
What is the current status of AB 2136?
This bill has been enacted into law. Introduced February 20, 2014. Enacted.
Where can I track AB 2136?
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