Civil actions: consumer debt.
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AB 1414 — Civil actions: consumer debt.
Last action — Chaptered by Secretary of State - Chapter 688, Statutes of 2023.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 17, 2023. Enacted.
Signed by Governor Gavin Newsom (Democratic) on October 10, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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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
- Chaptered 10/10/23 - Chaptered Current pdf October 10, 2023
- Enrolled 09/18/23 - Enrolled pdf September 18, 2023
- Amended 09/08/23 - Amended Senate pdf September 08, 2023
- Amended 07/10/23 - Amended Senate pdf July 10, 2023
- Amended 04/26/23 - Amended Assembly pdf April 26, 2023
- Amended 04/12/23 - Amended Assembly pdf April 12, 2023
- Introduced 02/17/23 - Introduced pdf February 17, 2023
- AB1414 View text html
Action History
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Chaptered by Secretary of State - Chapter 688, Statutes of 2023.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 18. Page 3412.).
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In Assembly. Concurrence in Senate amendments pending.
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Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 2643.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time and amended. Ordered to third reading.
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From committee: Amend, and do pass as amended. (Ayes 9. Noes 2.) (July 6).
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 18. Page 1952.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 9. Noes 1.) (April 24).
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Re-referred to Com. on B. & F.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on B. & F. (Ayes 8. Noes 3.) (April 11).
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Referred to Coms. on JUD. and B. & F.
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From printer. May be heard in committee March 20.
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Read first time. To print.
Sponsors
- Ash Kalra · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 20 voted No
Sponsors (1)
- Kalra, Ash Democratic
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 |
|---|---|---|---|---|
| Democratic | 41 | 0 | 0 | 6 |
| Unaffiliated | 15 | 5 | 0 | 0 |
| Republican | 0 | 13 | 0 | 0 |
| Total | 56 | 18 | 0 | 6 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 1 | 0 | 0 |
| Democratic | 20 | 1 | 0 | 1 |
| Republican | 0 | 5 | 0 | 2 |
| Total | 30 | 7 | 0 | 3 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 1 | 0 | 0 |
| Democratic | 8 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 9 | 2 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 40 | 0 | 0 | 7 |
| Unaffiliated | 13 | 5 | 0 | 2 |
| Republican | 0 | 13 | 0 | 0 |
| Total | 53 | 18 | 0 | 9 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 9 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 1 |
| Unaffiliated | 0 | 0 | 0 | 1 |
| Total | 9 | 1 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 7 | 0 | 0 | 0 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 8 | 3 | 0 | 0 |
| % 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 |
Subjects
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?
- Track AB 1414 free on One Click Politics — get push/email alerts when it moves.
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