California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

AB 2463 — Enforcement of money judgments: execution: homestead.

Last action — Chaptered by Secretary of State - Chapter 218, Statutes of 2020.

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  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 19, 2020. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 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 authorizes a judgment creditor to enforce a money judgment obtained in a civil action by obtaining a writ of execution that allows the creditor to levy on property of the judgment debtor and obtain satisfaction of the judgment by, among other things, a sale of the property. Existing law generally provides that all property of the judgment debtor is subject to execution, with specified exceptions. Existing law authorizes a judgment debtor to protect a specified amount of the judgment debtor's equity in the debtor's principal dwelling by claiming a homestead exemption in that property. Existing law requires a judgment creditor who has levied on a judgment debtor's dwelling to apply to the court for a sale of the dwelling, and specifies the contents of that application. This bill would prohibit a sale under execution of a judgment lien of a judgment debtor's principal place of residence based on a consumer debt unless that debt was secured by that principal place of residence at the time it was incurred. The bill would exempt specified forms of debt from this prohibition, including debts owed to financial institutions, as specified, if the amount of the original judgment on which the lien is based, when entered, and the amount owed on the outstanding judgment at the time of execution on the judgment lien, are greater than $75,000, as adjusted for inflation by the Judicial Council. The bill would require a judgment creditor's application for sale of a dwelling to include a statement that the judgment on which the execution sale is based was secured by the debtor's principal place of residence at the time it was incurred or a statement indicating which exemption is applicable.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 218, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 0. Page 5348.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4399.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 13). Re-referred to Com. on APPR.

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

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

  12. Referred to Com. on JUD.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4819.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 8. Noes 0.) (May 27).

  17. In committee: Hearing postponed by committee.

  18. Re-referred to Com. on JUD.

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

  20. In committee: Set, first hearing. Hearing canceled at the request of author.

  21. Re-referred to Com. on JUD.

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

  23. Referred to Com. on JUD.

  24. From printer. May be heard in committee March 21.

  25. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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 2463 Wicks Concurrence in Senate Amendments By STONE

Passed 68 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 44007
Democratic 21001
Republican 3003
Total 680011
% of votes cast 86%0%0%14%
How each member voted (79)
Member Party Vote
Jones-Sawyer — Yea
Levine — Yea
Mayes — Yea
Weber — Yea
Mullin — Yea
Gray — Yea
Salas — Yea
Cunningham — Yea
O'Donnell — Yea
Rendon — Yea
Bloom — Yea
Gonzalez — Yea
Maienschein — Yea
Ting — Yea
Cooper — Yea
Kamlager — Yea
Nazarian — Yea
Brough — Yea
Friedman — Yea
Low — Yea
Diep — Yea
Cooley — Yea
Santiago — Yea
Chu — Yea
Chau — Yea
Waldron — Yea
Burke — Yea
Mathis — Yea
Kiley — Yea
Medina — Yea
Gloria — Yea
McCarty — Yea
Chiu — Yea
Quirk — Yea
Daly — Yea
Wood — Yea
Rodriguez — Yea
Holden — Yea
Smith — Yea
Eggman — Not Voting
Obernolte — Not Voting
Frazier — Not Voting
Fong — Not Voting
Bigelow — Not Voting
Voepel — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2463 Wicks By Monning

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 24003
Democratic 10000
Republican 1002
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Bradford — Yea
Hill — Yea
Hertzberg — Yea
Wieckowski — Yea
Portantino — Yea
Monning — Yea
Bates — Yea
Nielsen — Yea
Moorlach — Yea
Chang — Yea
Skinner — Yea
Hueso — Yea
Pan — Yea
Rubio — Yea
Dodd — Yea
Wilk — Yea
Allen — Yea
Roth — Yea
Leyva — Yea
Atkins — Yea
Mitchell — Yea
Beall — Yea
Galgiani — Yea
Glazer — Yea
Morrell — Not Voting
Melendez — Not Voting
Borgeas — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 2002
Democratic 5000
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Melendez — Not Voting
Borgeas — Not Voting
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea

Official roll call →

AB 2463 Wicks Assembly Third Reading

Passed 68 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Democratic 22000
Unaffiliated 45006
Republican 1005
Total 680011
% of votes cast 86%0%0%14%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Friedman — Yea
Cooper — Yea
Smith — Yea
Kiley — Yea
Brough — Yea
Nazarian — Yea
Weber — Yea
Diep — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Low — Yea
Bloom — Yea
Burke — Yea
Daly — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Salas — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Waldron — Yea
Gonzalez — Yea
Wood — Yea
Kamlager — Yea
O'Donnell — Yea
Chiu — Yea
Chu — Yea
Cunningham — Yea
Jones-Sawyer — Yea
Ting — Yea
Voepel — Yea
Gray — Yea
Chau — Yea
Santiago — Yea
Mayes — Yea
Fong — Not Voting
Quirk — Not Voting
Frazier — Not Voting
Mathis — Not Voting
Obernolte — Not Voting
Bigelow — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 6002
Republican 0001
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Holden — Yea
Chiu — Yea
Chau — Yea
Kiley — Yea
Gonzalez — Yea
Maienschein — Not Voting
Obernolte — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

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 2463 do?
Existing law authorizes a judgment creditor to enforce a money judgment obtained in a civil action by obtaining a writ of execution that allows the creditor to levy on property of the judgment debtor and obtain satisfaction of the judgment by, among other things, a sale of the property. Existing law generally provides that all property of the judgment debtor is subject to execution, with specified exceptions. Existing law authorizes a judgment debtor to protect a specified amount of the judgment debtor's equity in the debtor's principal dwelling by claiming a homestead exemption in that property. Existing law requires a judgment creditor who has levied on a judgment debtor's dwelling to apply to the court for a sale of the dwelling, and specifies the contents of that application. This bill would prohibit a sale under execution of a judgment lien of a judgment debtor's principal place of residence based on a consumer debt unless that debt was secured by that principal place of residence at the time it was incurred. The bill would exempt specified forms of debt from this prohibition, including debts owed to financial institutions, as specified, if the amount of the original judgment on which the lien is based, when entered, and the amount owed on the outstanding judgment at the time of execution on the judgment lien, are greater than $75,000, as adjusted for inflation by the Judicial Council. The bill would require a judgment creditor's application for sale of a dwelling to include a statement that the judgment on which the execution sale is based was secured by the debtor's principal place of residence at the time it was incurred or a statement indicating which exemption is applicable.
Who sponsors AB 2463?
AB 2463 is sponsored by Wicks, Buffy (Democratic).
What is the current status of AB 2463?
This bill has been enacted into law. Introduced February 19, 2020. Enacted.
Where can I track AB 2463?
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