SB 69 — Sale of goods: breach of warranty: consequential damages.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 62(a).
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2009-2010, 8th Special 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 governs commercial contracts for the sale of goods and specifies damages that a buyer is entitled to recover upon a seller's breach, including incidental and consequential damages. Consequential damages include any loss resulting from requirements and needs of which the seller had reason to know and that could not be prevented by the buyer through obtaining substitute goods, and injury to person or property proximately resulting from any breach of warranty. This bill would provide that a seller is only liable for consequential damages to a buyer in an action for breach of warranty alleging that a product is defective if the seller is (1) the manufacturer of the product, (2) exercised substantial control over that aspect or aspects of the design, testing, manufacture, packaging, or labeling of the product, (3) altered or modified the product and that action was a substantial factor in causing the harm, or (4) had actual or constructive knowledge of the defect as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/16/10 - Introduced Current pdf February 16, 2010
- SB69 View text html
Action History
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Returned to Secretary of Senate pursuant to Joint Rule 62(a).
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Set, first hearing. Failed passage in committee. (Ayes 1. Noes 3. Page 97.)
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Set for hearing February 25.
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Re-referred to Com. on JUD.
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Introduced. Read first time. To Com. on RLS.
Sponsors
- Wyland · Cosponsor
- Huff · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Huff
Co-sponsors (1)
- Wyland
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 3 | 0 | 1 |
| Total | 1 | 3 | 0 | 1 |
| % of votes cast | 20% | 60% | 0% | 20% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Nay |
| Harman | — | Not Voting |
| Corbett | — | Nay |
| Walters | — | Yea |
| Leno | — | Nay |
Subjects
Frequently asked questions
- What does SB 69 do?
- Existing law governs commercial contracts for the sale of goods and specifies damages that a buyer is entitled to recover upon a seller's breach, including incidental and consequential damages. Consequential damages include any loss resulting from requirements and needs of which the seller had reason to know and that could not be prevented by the buyer through obtaining substitute goods, and injury to person or property proximately resulting from any breach of warranty. This bill would provide that a seller is only liable for consequential damages to a buyer in an action for breach of warranty alleging that a product is defective if the seller is (1) the manufacturer of the product, (2) exercised substantial control over that aspect or aspects of the design, testing, manufacture, packaging, or labeling of the product, (3) altered or modified the product and that action was a substantial factor in causing the harm, or (4) had actual or constructive knowledge of the defect as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.
- Who sponsors SB 69?
- SB 69 is sponsored by Wyland and Huff.
- What is the current status of SB 69?
- This bill died with 2009-2010, 8th Special 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 SB 69?
- Track SB 69 free on One Click Politics — get push/email alerts when it moves.
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