California Assembly Bill 1755
Session 20232024
Civil actions: restitution for or replacement of a new motor vehicle.
Became Law
Became Law on Sep 29, 2024
Sponsors
2 Sponsors
Ash Kalra
Thomas J. Umberg
First Action
Mar 2, 2023
Latest Action
Sep 29, 2024
Origin Chamber
Assembly
Type
Bill
Bill Number
1755
State
California
Session
20232024
Ash Kalra
grade
Author
Thomas J. Umberg
grade
Author
Motion Text
AB 1755 Kalra Concurrence in Senate Amendments
Assembly Roll Call Votes
Other
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Summary
Existing law, the Song-Beverly Consumer Warranty Act, provides that if a manufacturer of a new motor vehicle, as defined, or the manufacturer's in-state representative, is unable to service or repair the vehicle to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer must either repurchase or replace the vehicle, as specified. Existing law, the Tanner Consumer Protection Act, creates the presumption that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if specified conditions are met. Under existing law, the buyer of a new motor vehicle may not assert this presumption until after the buyer has initially resorted to a qualified third-party dispute resolution process, if that process exists and certain additional conditions are met. Existing law provides that if, among other things, a qualified third-party dispute resolution process does not exist, the buyer of a new motor vehicle may assert the above presumption in an action to enforce the buyer's rights under the Song-Beverly Consumer Warranty Act. Existing law provides that the buyer of a new motor vehicle who is damaged by a manufacturer's failure to comply with specified requirements of the Song-Beverly Consumer Warranty Act or the Tanner Consumer Protection Act may bring an action for the recovery of damages and other equitable and legal relief. Existing law provides that if the buyer establishes that the manufacturer's failure to comply was willful, the judgment may also include a civil penalty which shall not exceed 2 times the amount of actual damages.
This bill would provide that an action seeking the restitution for or replacement of a new motor vehicle, or for civil penalties, pursuant to the provisions of the Song-Beverly Consumer Warranty Act or Tanner Consumer Protection Act described above must be commenced within one year after the expiration of the applicable express warranty, and in no event may be brought later than 6 years after the date of original delivery of the vehicle, subject to specified tolling provisions. Beginning April 1, 2025, the bill would require the consumer to, prior to seeking civil penalties, provide a written notice to the manufacturer that, among other things, demands the manufacturer's restitution for or replacement of the consumer's vehicle. The bill would require mediation in an action seeking the restitution for or replacement of a new motor vehicle, or for civil penalties, and would stay all discovery, except a limited set of disclosures and depositions, in such actions until mediation is concluded. The bill would, for such actions filed on or after January 1, 2025, authorize the court to impose specified sanctions on represented parties who fail to comply with its provisions. The bill would provide that the duties and obligations it imposes are cumulative with, and do not limit or expand, duties and obligations imposed under any other law.
03/02/23 - Introduced
March 2, 2023
03/27/23 - Amended Assembly
March 27, 2023
05/18/23 - Amended Assembly
May 18, 2023
06/20/23 - Amended Senate
June 20, 2023
08/20/24 - Amended Senate
August 20, 2024
08/26/24 - Amended Senate
August 26, 2024
09/05/24 - Enrolled
September 5, 2024
09/29/24 - Chaptered
September 29, 2024
04/15/23- Assembly Judiciary
April 15, 2023
05/15/23- Assembly Appropriations
May 15, 2023
05/24/23- ASSEMBLY FLOOR ANALYSIS
May 24, 2023
06/23/23- Senate Judiciary
June 23, 2023
06/30/23- Senate Human Services
June 30, 2023
08/18/23- Senate Appropriations
August 18, 2023
09/02/23- Sen. Floor Analyses
September 2, 2023
08/24/24- Senate Judiciary
August 24, 2024
08/26/24- Sen. Floor Analyses
August 26, 2024
08/26/24- Senate Judiciary
August 26, 2024
08/30/24- ASSEMBLY FLOOR ANALYSIS
August 30, 2024
08/30/24- Assembly Judiciary
August 30, 2024
Sort by most recent
09/29/2024
California State Legislature
Chaptered by Secretary of State - Chapter 938, Statutes of 2024.
09/29/2024
California State Legislature
Approved by the Governor.
09/12/2024
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/31/2024
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 4.).
08/30/2024
Assembly
From committee: That the Senate amendments be concurred in. (Ayes 9. Noes 1.) (August 30).
08/30/2024
Assembly
Joint Rule 62(a) suspended.
08/30/2024
Assembly
Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
08/30/2024
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/29/2024
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 4.).
08/27/2024
Senate
Read second time. Ordered to third reading.
08/26/2024
Senate
From committee: Do pass. (Ayes 9. Noes 1.) (August 26).
08/26/2024
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
08/21/2024
Senate
Joint Rule 61 suspended.
08/21/2024
Senate
Re-referred to Com. on JUD.
08/21/2024
Senate
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(c).
08/21/2024
Senate
Read second time. Ordered to third reading.
08/20/2024
Senate
Read second time and amended. Ordered returned to second reading.
08/20/2024
Senate
Ordered to second reading.
08/20/2024
Senate
From inactive file.
09/13/2023
Senate
Ordered to inactive file at the request of Senator Skinner.
09/11/2023
Senate
Ordered to third reading.
09/11/2023
Senate
From special consent calendar
09/08/2023
Senate
Ordered to special consent calendar.
09/05/2023
Senate
Read second time. Ordered to third reading.
09/01/2023
Senate
From committee: Do pass. (Ayes 7. Noes 0.) (September 1).
08/21/2023
Senate
In committee: Referred to APPR suspense file.
08/02/2023
Senate
In committee: Hearing postponed by committee.
07/05/2023
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR.
06/28/2023
Senate
From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on HUMAN S.
06/20/2023
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
06/14/2023
Senate
Referred to Coms. on JUD. and HUMAN S.
06/01/2023
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/31/2023
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 2022.)
05/22/2023
Assembly
Read second time. Ordered to third reading.
05/18/2023
Assembly
Read second time and amended. Ordered returned to second reading.
05/18/2023
Assembly
From committee: Amend, and do pass as amended. (Ayes 15. Noes 0.) (May 18).
05/18/2023
Assembly
Joint Rule 62(a), file notice suspended. (Page 1580.)
05/17/2023
Assembly
In committee: Set, first hearing. Referred to APPR. suspense file.
05/03/2023
Assembly
In committee: Hearing postponed by committee.
04/18/2023
Assembly
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 18). Re-referred to Com. on APPR.
03/28/2023
Assembly
Re-referred to Com. on JUD.
03/27/2023
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
03/16/2023
Assembly
Referred to Com. on JUD.
03/08/2023
Assembly
Introduced measure version corrected.
03/03/2023
Assembly
From printer. May be heard in committee April 2.
03/02/2023
Assembly
Read first time. To print.
Sources
Record Created
Mar 3, 2023 12:04:39 PM
Record Updated
Oct 1, 2024 12:29:42 PM