California 2023-2024 Regular Session Status: Enacted 1 D cosponsors

AB 1414 — Civil actions: consumer debt.

Last action — Chaptered by Secretary of State - Chapter 688, Statutes of 2023.

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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 17, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 10, 2023.

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 6 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 periods for commencement of various actions. Among others, an action upon book account must be commenced within 4 years of the date of the last item on the account, as specified. Existing law defines "book account" for these purposes as a detailed statement constituting the principal record of transactions between a debtor and a creditor. This bill would exclude consumer debt from the definition of "book account." The bill would define consumer debt to mean any obligation or alleged obligation, incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes and where the obligation to pay appears on the face of a note or written contract. Existing law permits actions to recover money damages. Under existing case law, courts recognize that common counts may be used to do so as a simplified form of pleading to assert the existence of various forms of monetary indebtedness. This bill would prohibit the use of common counts, as defined, to recover consumer debt, as defined.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 688, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 18. Page 3412.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 2643.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 9. Noes 2.) (July 6).

  11. Referred to Com. on JUD.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 18. Page 1952.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered returned to second reading.

  16. From committee: Amend, and do pass as amended. (Ayes 9. Noes 1.) (April 24).

  17. Re-referred to Com. on B. & F.

  18. Read second time and amended.

  19. From committee: Amend, and do pass as amended and re-refer to Com. on B. & F. (Ayes 8. Noes 3.) (April 11).

  20. Referred to Coms. on JUD. and B. & F.

  21. From printer. May be heard in committee March 20.

  22. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 20 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.

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

Passed 56 Yea · 18 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 41006
Unaffiliated 15500
Republican 01300
Total 561806
% of votes cast 70%23%0%8%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Mathis — Nay
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Not Voting
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

Passed 30 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 20101
Republican 0502
Total 30703
% of votes cast 75%18%0%8%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Not Voting
Dahle, Megan Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Do pass as amended

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 1100
Democratic 8000
Republican 0100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Passed 53 Yea · 18 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 40007
Unaffiliated 13502
Republican 01300
Total 531809
% of votes cast 66%23%0%11%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Mathis — Nay
Rodriguez — Not Voting
Wood — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Not Voting
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Not Voting
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

Do pass as amended.

Passed 9 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 9000
Republican 0101
Unaffiliated 0001
Total 9102
% of votes cast 75%8%0%17%
How each member voted (12)
Member Party Vote
Waldron — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Grayson, Timothy S. Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Soria, Esmeralda Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Dixon, Diane Republican Nay

Official roll call →

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 1100
Republican 0200
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Maienschein — Yea
Essayli — Nay
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 1414 do?
Existing law prescribes periods for commencement of various actions. Among others, an action upon book account must be commenced within 4 years of the date of the last item on the account, as specified. Existing law defines "book account" for these purposes as a detailed statement constituting the principal record of transactions between a debtor and a creditor. This bill would exclude consumer debt from the definition of "book account." The bill would define consumer debt to mean any obligation or alleged obligation, incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes and where the obligation to pay appears on the face of a note or written contract. Existing law permits actions to recover money damages. Under existing case law, courts recognize that common counts may be used to do so as a simplified form of pleading to assert the existence of various forms of monetary indebtedness. This bill would prohibit the use of common counts, as defined, to recover consumer debt, as defined.
Who sponsors AB 1414?
AB 1414 is sponsored by Kalra, Ash (Democratic).
What is the current status of AB 1414?
This bill has been enacted into law. Introduced February 17, 2023. Enacted.
Where can I track AB 1414?
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