SB 1306 — Consumer remedies: attorney's fees and litigation costs.
Last action — April 26 set for first hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 3701.) Reconsideration granted.
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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 2015-2016 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. 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 litigation filed 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, in litigation pertaining to the California Environmental Quality Act that is filed pursuant to the Consumer Legal Remedies Act, would require the court to award court costs and attorney's fees to the prevailing party in the action.
Bill Text
- Amended 03/28/16 - Amended Senate Current pdf March 28, 2016
- Introduced 02/19/16 - Introduced pdf February 19, 2016
- SB1306 View text html
Action History
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April 26 set for first hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 3701.) Reconsideration granted.
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Set for hearing April 26.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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Referred to Com. on JUD.
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Read first time.
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From printer. May be acted upon on or after March 23.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Mark Stone · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hertzberg | — | Yea |
| Wieckowski | — | Yea |
| Leno | — | Yea |
| Anderson | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 3 | 0 | 1 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 2 | 4 | 0 | 1 |
| % of votes cast | 29% | 57% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Monning | — | Nay |
| Moorlach | — | Yea |
| Wieckowski | — | Nay |
| Hertzberg | — | Not Voting |
| Leno | — | Nay |
| Jackson, Corey A. | Democratic | Nay |
Subjects
Frequently asked questions
- What does SB 1306 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 litigation filed 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, in litigation pertaining to the California Environmental Quality Act that is filed pursuant to the Consumer Legal Remedies Act, would require the court to award court costs and attorney's fees to the prevailing party in the action.
- Who sponsors SB 1306?
- SB 1306 is sponsored by Mark Stone.
- What is the current status of SB 1306?
- This bill died with 2015-2016 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 SB 1306?
- Track SB 1306 free on One Click Politics — get push/email alerts when it moves.
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