Bill Text: CA AB1755 | 2023-2024 | Regular Session | Amended
Bill Title: Civil actions: restitution for or replacement of a new motor vehicle.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled) 2024-08-31 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 4.). [AB1755 Detail]
Download: California-2023-AB1755-Amended.html
Amended
IN
Senate
August 20, 2024 |
Amended
IN
Senate
June 20, 2023 |
Amended
IN
Assembly
May 18, 2023 |
Amended
IN
Assembly
March 27, 2023 |
Introduced by |
March 02, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing law requires a court to make an expedited support order if specified information is filed, including the minimum amount the obligated parent or parents are required to pay pursuant to the statewide uniform guideline for support or specified minimum basic standards for adequate care.
This bill would repeal those provisions as of January 1, 2024.
(2)Existing law sets a statewide uniform guideline for determining child support and requires the Judicial Council to periodically review that guideline to recommend appropriate revisions, including economic data on the cost of raising children and an analysis of guidelines and studies from other states. Existing law further requires a court to order, as additional child support, payment of reasonable
uninsured health care costs for the child and payment of childcare costs, and may order costs related to the educational or other special needs of the child, and travel expenses for visitation. Existing law requires the court, in making an order pursuant to the uninsured health care costs, to follow specified protocols.
This bill, commencing September 1, 2024, would, among other things, revise the statewide uniform guideline for determining child support, including the amount that establishes a rebuttable presumption that the obligor is entitled to a low-income adjustment. This bill would expand the above-referenced protocols with regard to issuing an order to pay uninsured health care costs to also include orders to pay for specified childcare costs, if those expenses are actually incurred.
(3)Existing law requires counties to maintain a local child support agency to promptly and effectively
establish, modify, and enforce child support obligations, to enforce spousal support obligations, and to determine paternity of a child born out of wedlock. Existing law requires that the local child support agency provide notice of the amount of child support that is sought pursuant to the statewide uniform guidelines based upon the income or income history of the support obligor and that a proposed judgment be provided. Existing law requires the Judicial Council, in consultation with specified others, to develop a simplified summons, complaint, and answer forms for any action brought pursuant to those provisions. Existing law requires the simplified complaint form to be based upon the income or income history of the support obligor.
This bill, commencing January 1, 2026,
would, among other things, instead require that complaint form to require the local child support agency to use specified methods to calculate income, including using earning capacity if the local child support agency has sufficient evidence to establish earning capacity. The bill would also authorize the department to implement those provisions by a child support services letter or similar instruction until permanent regulations are adopted. The bill would require the department to adopt regulations to implement those provisions by January 1, 2027. By imposing new duties on a local child support agency, the bill would impose a state-mandated local program.
Existing law requires a judgment to be entered without hearing and without other specified requirements in an action filed by the local child support agency involving the simplified procedures described above.
This bill, commencing
January 1, 2026, would among other things, expand that requirement to actions based on earning capacity, as specified. The bill would require a local child support agency to conduct a review of the case to determine if there is sufficient additional evidence available to establish actual income of the defendant, as specified. By imposing new duties on a local child support agency, the bill would impose a state-mandated local program.
The bill would also require the Judicial Council, no later than September 1, 2024, to adopt and approve any forms necessary to implement those provisions. The bill would make those forms effective January 1, 2026.
(4)The California Constitution requires the state to reimburse local agencies and school districts for
certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 12 (commencing with Section 871.20) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read:CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles
871.20.
(a) Notwithstanding any other law, this chapter applies to an action seeking restitution or replacement of a motor vehicle pursuant to subdivision (b) or (d) of Section 1793.2, Section 1793.22, or Section 1794 of the Civil Code, or for civil penalties pursuant to subdivision (c) of Section 1794 of the Civil Code, where the request for restitution or replacement is based on noncompliance with the applicable express warranty.871.21.
(a) An action covered by Section 871.20 shall be commenced within one year after the expiration of the applicable express warranty.871.22.
For purposes of this chapter, the following definitions apply:871.23.
For purposes of this chapter, any reference to a manufacturer also applies to a distributor or warrantor.871.24.
(a) At least 30 days prior to the commencement of an action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code, the consumer shall do all of the following:871.25.
A remedy in compliance with this chapter shall not be contingent on the execution of any release other than the following Standardized SBA Release:Standardized SBA Release | |
Release as it relates to settlements: | |
The parties have previously agreed to settle the case as follows and hereby memorialize all terms of their settlement as follows: | |
1. Within 60 days from the date of receipt of the notice requesting restitution or replacement of the Subject Vehicle [Vehicle Year/Make/Model and VIN] (hereinafter “Subject Vehicle”), [Manufacturer] (hereinafter “Defendant”) will make the following payments: | |
a. Defendant shall pay the remaining loan balance or lease balance and residual value on the Subject Vehicle directly to the lienholder [Lender Name] in the amount necessary to relieve Plaintiff of all obligations related to Plaintiff’s purchase or lease of the Subject Vehicle, excluding any late fees or penalties in the amount of [Loan Payoff Amount]. Said payment shall include interest through the date of payoff. This payment shall be expedited to the lienholder following completion of the return of the Subject Vehicle to the manufacturer or its agents. | |
b. Defendant shall pay to [Plaintiff’s Full Name] (hereinafter “Plaintiff”) a total amount of [Restitution Amount] in a check payable to Plaintiff. This payment shall be provided to Plaintiff at the time of the return of the Subject Vehicle to the manufacturer or its agents. In the event Plaintiff makes an additional payment that is not included in the above amount, Defendant shall reimburse Plaintiff for any payments made according to proof, with the exception of any late fees, within 30 days from the date proof of payment is provided to Defendant. | |
c. [If applicable] Defendant shall pay civil penalties in the amount of [Civil Penalties Amount] in a check payable to [Plaintiff, if not represented by counsel, or Name of Law Firm/Attorney, if Plaintiff is represented by counsel]. This payment shall be
expedited following completion of the return of the Subject Vehicle to the manufacturer or its agents. | |
d. Defendant shall pay to Plaintiff’s counsel, if Plaintiff was represented by counsel (select one option below): | |
(i) In the event there is an agreement as to attorney’s fees and costs, a check in the amount of [Attorney’s Fees and Costs] payable to [Name of Law Firm/Attorney] shall be provided to Plaintiff’s counsel. This agreed upon payment shall be expedited to the attorney following completion of the return of the Subject Vehicle to the manufacturer or its agents. | |
(ii) In the event the matter is resolved before the filing of a lawsuit and the parties
cannot agree as to the amount of attorney’s fees, costs, and expenses, then reasonable attorneys’ fees, costs, and expenses shall be determined by neutral, binding arbitration. | |
(iii) In the event the matter is resolved after the filing of a lawsuit and the parties cannot agree as to the amount of attorney’s fees, costs, and expenses, then reasonable attorneys’ fees, costs, and expenses pursuant to subdivision (d) of Section 1794 of the Civil Code shall be determined by the court by way of a noticed motion. Defendant agrees Plaintiff is the prevailing party for purposes of said fee motion. | |
2. Before transfer of the settlement funds set forth in Paragraph 1 above, Plaintiff shall execute all documents necessary for the transfer of ownership of the Subject Vehicle to Defendant or
its designee. | |
3. The payments described above are intended as a compromise resolution of [Plaintiff’s Full Name] and [Defendant] with respect to all claims relating to the purchase, lease, condition, use, or repair of the Subject Vehicle during Plaintiff’s purchase or possession of the Subject Vehicle. In signing this agreement, Plaintiff hereby releases [Defendant] from all claims relating to the purchase, lease, condition, use, or repair of the Subject Vehicle that arose during Plaintiff’s purchase or possession of the Subject Vehicle, including, but not limited to, all claims under Sections 1793.2, 1793.22, and 1794 of the Civil Code. All releases are to take effect once Plaintiff returns the Subject Vehicle to Defendant. | |
4. [If the case has gone to litigation insert this
Paragraph 4] The Parties to this release agree that the court shall retain jurisdiction pursuant to Section 664.6 of the Code of Civil Procedure to enforce its terms. In the event of a breach of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred in the enforcement of this agreement. Within five business days of all of the above payments clearing, Plaintiff will file a Request for Dismissal with prejudice of [Plaintiff(s) v Defendant(s); Case Number/County] with the court. | |
(signature of Plaintiff)(date) | |
(signature of Defendant)(date) | |