Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1526Introduced by Assembly Member KalraFebruary 17, 2017An act relating to public social services. An act to amend Sections 337 and 337a of the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 1526, as amended, Kalra. Public social services: caregivers. Civil actions: time of commencing.Existing law prescribes periods for commencement of various actions. Among others, an action upon a written contract, book account, as defined, or the rescission of a written contract must be commenced within 4 years. Existing law defines the term book account for these purposes.This bill would require that an action based upon a consumer debt, as defined, must be commenced within 4 years. The bill would specify that the time begins to run from the date of default or the date of the last payment, whichever is earlier. The bill would provide that the debt is extinguished when the statute of limitations has run, and would prohibit reporting the debt to a consumer credit reporting agency or collecting upon it in any action, including a judicial proceeding. The bill would also exclude consumer debts, as defined in existing law, from the definition of the term book account.Existing law, the Mello-Granlund Older Californians Act, establishes programs for older individuals and other populations served by the California Department of Aging. Existing law requires the department to coordinate with other state departments to, among other things, ensure that health and social services are available to allow older individuals to live independently at home or with others. Existing law establishes community-based services programs for these purposes. In many of these programs, existing law encourages the maintenance of family and caregiver support groups.This bill would declare the intent of the Legislature to enact legislation to provide resources for caregivers and relative caregivers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 337 of the Code of Civil Procedure is amended to read:337. Within four years: 1.(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. 2.(b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said the item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. 3.(c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time does shall not begin to run until the representation becomes false.(d) An action to collect a consumer debt, as defined in Section 1788.2 of the Civil Code. The time shall begin to run from the date of default or the date of the last payment, whichever is earlier. When the statute of limitations has run, the debt is extinguished and shall not be reported to a consumer credit reporting agency or collected upon in any action, including a judicial proceeding.SEC. 2. Section 337a of the Code of Civil Procedure is amended to read:337a. The term For purposes of this chapter, book account means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner. Book account does not include consumer debts, as defined in Section 1788.2 of the Civil Code.SECTION 1.It is the intent of the Legislature to enact legislation to provide resources for caregivers and relative caregivers.
Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1526Introduced by Assembly Member KalraFebruary 17, 2017An act relating to public social services. An act to amend Sections 337 and 337a of the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 1526, as amended, Kalra. Public social services: caregivers. Civil actions: time of commencing.Existing law prescribes periods for commencement of various actions. Among others, an action upon a written contract, book account, as defined, or the rescission of a written contract must be commenced within 4 years. Existing law defines the term book account for these purposes.This bill would require that an action based upon a consumer debt, as defined, must be commenced within 4 years. The bill would specify that the time begins to run from the date of default or the date of the last payment, whichever is earlier. The bill would provide that the debt is extinguished when the statute of limitations has run, and would prohibit reporting the debt to a consumer credit reporting agency or collecting upon it in any action, including a judicial proceeding. The bill would also exclude consumer debts, as defined in existing law, from the definition of the term book account.Existing law, the Mello-Granlund Older Californians Act, establishes programs for older individuals and other populations served by the California Department of Aging. Existing law requires the department to coordinate with other state departments to, among other things, ensure that health and social services are available to allow older individuals to live independently at home or with others. Existing law establishes community-based services programs for these purposes. In many of these programs, existing law encourages the maintenance of family and caregiver support groups.This bill would declare the intent of the Legislature to enact legislation to provide resources for caregivers and relative caregivers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 28, 2017
Amended IN Assembly March 28, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1526
Introduced by Assembly Member KalraFebruary 17, 2017
Introduced by Assembly Member Kalra
February 17, 2017
An act relating to public social services. An act to amend Sections 337 and 337a of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1526, as amended, Kalra. Public social services: caregivers. Civil actions: time of commencing.
Existing law prescribes periods for commencement of various actions. Among others, an action upon a written contract, book account, as defined, or the rescission of a written contract must be commenced within 4 years. Existing law defines the term book account for these purposes.This bill would require that an action based upon a consumer debt, as defined, must be commenced within 4 years. The bill would specify that the time begins to run from the date of default or the date of the last payment, whichever is earlier. The bill would provide that the debt is extinguished when the statute of limitations has run, and would prohibit reporting the debt to a consumer credit reporting agency or collecting upon it in any action, including a judicial proceeding. The bill would also exclude consumer debts, as defined in existing law, from the definition of the term book account.Existing law, the Mello-Granlund Older Californians Act, establishes programs for older individuals and other populations served by the California Department of Aging. Existing law requires the department to coordinate with other state departments to, among other things, ensure that health and social services are available to allow older individuals to live independently at home or with others. Existing law establishes community-based services programs for these purposes. In many of these programs, existing law encourages the maintenance of family and caregiver support groups.This bill would declare the intent of the Legislature to enact legislation to provide resources for caregivers and relative caregivers.
Existing law prescribes periods for commencement of various actions. Among others, an action upon a written contract, book account, as defined, or the rescission of a written contract must be commenced within 4 years. Existing law defines the term book account for these purposes.
This bill would require that an action based upon a consumer debt, as defined, must be commenced within 4 years. The bill would specify that the time begins to run from the date of default or the date of the last payment, whichever is earlier. The bill would provide that the debt is extinguished when the statute of limitations has run, and would prohibit reporting the debt to a consumer credit reporting agency or collecting upon it in any action, including a judicial proceeding. The bill would also exclude consumer debts, as defined in existing law, from the definition of the term book account.
Existing law, the Mello-Granlund Older Californians Act, establishes programs for older individuals and other populations served by the California Department of Aging. Existing law requires the department to coordinate with other state departments to, among other things, ensure that health and social services are available to allow older individuals to live independently at home or with others. Existing law establishes community-based services programs for these purposes. In many of these programs, existing law encourages the maintenance of family and caregiver support groups.
This bill would declare the intent of the Legislature to enact legislation to provide resources for caregivers and relative caregivers.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 337 of the Code of Civil Procedure is amended to read:337. Within four years: 1.(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. 2.(b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said the item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. 3.(c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time does shall not begin to run until the representation becomes false.(d) An action to collect a consumer debt, as defined in Section 1788.2 of the Civil Code. The time shall begin to run from the date of default or the date of the last payment, whichever is earlier. When the statute of limitations has run, the debt is extinguished and shall not be reported to a consumer credit reporting agency or collected upon in any action, including a judicial proceeding.SEC. 2. Section 337a of the Code of Civil Procedure is amended to read:337a. The term For purposes of this chapter, book account means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner. Book account does not include consumer debts, as defined in Section 1788.2 of the Civil Code.SECTION 1.It is the intent of the Legislature to enact legislation to provide resources for caregivers and relative caregivers.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 337 of the Code of Civil Procedure is amended to read:337. Within four years: 1.(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. 2.(b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said the item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. 3.(c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time does shall not begin to run until the representation becomes false.(d) An action to collect a consumer debt, as defined in Section 1788.2 of the Civil Code. The time shall begin to run from the date of default or the date of the last payment, whichever is earlier. When the statute of limitations has run, the debt is extinguished and shall not be reported to a consumer credit reporting agency or collected upon in any action, including a judicial proceeding.
SECTION 1. Section 337 of the Code of Civil Procedure is amended to read:
### SECTION 1.
337. Within four years: 1.(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. 2.(b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said the item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. 3.(c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time does shall not begin to run until the representation becomes false.(d) An action to collect a consumer debt, as defined in Section 1788.2 of the Civil Code. The time shall begin to run from the date of default or the date of the last payment, whichever is earlier. When the statute of limitations has run, the debt is extinguished and shall not be reported to a consumer credit reporting agency or collected upon in any action, including a judicial proceeding.
337. Within four years: 1.(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. 2.(b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said the item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. 3.(c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time does shall not begin to run until the representation becomes false.(d) An action to collect a consumer debt, as defined in Section 1788.2 of the Civil Code. The time shall begin to run from the date of default or the date of the last payment, whichever is earlier. When the statute of limitations has run, the debt is extinguished and shall not be reported to a consumer credit reporting agency or collected upon in any action, including a judicial proceeding.
337. Within four years: 1.(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. 2.(b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said the item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. 3.(c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time does shall not begin to run until the representation becomes false.(d) An action to collect a consumer debt, as defined in Section 1788.2 of the Civil Code. The time shall begin to run from the date of default or the date of the last payment, whichever is earlier. When the statute of limitations has run, the debt is extinguished and shall not be reported to a consumer credit reporting agency or collected upon in any action, including a judicial proceeding.
337. Within four years: 1.
(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage.
2.
(b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said the item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.
3.
(c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time does shall not begin to run until the representation becomes false.
(d) An action to collect a consumer debt, as defined in Section 1788.2 of the Civil Code. The time shall begin to run from the date of default or the date of the last payment, whichever is earlier. When the statute of limitations has run, the debt is extinguished and shall not be reported to a consumer credit reporting agency or collected upon in any action, including a judicial proceeding.
SEC. 2. Section 337a of the Code of Civil Procedure is amended to read:337a. The term For purposes of this chapter, book account means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner. Book account does not include consumer debts, as defined in Section 1788.2 of the Civil Code.
SEC. 2. Section 337a of the Code of Civil Procedure is amended to read:
### SEC. 2.
337a. The term For purposes of this chapter, book account means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner. Book account does not include consumer debts, as defined in Section 1788.2 of the Civil Code.
337a. The term For purposes of this chapter, book account means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner. Book account does not include consumer debts, as defined in Section 1788.2 of the Civil Code.
337a. The term For purposes of this chapter, book account means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner. Book account does not include consumer debts, as defined in Section 1788.2 of the Civil Code.
337a. The term For purposes of this chapter, book account means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner. Book account does not include consumer debts, as defined in Section 1788.2 of the Civil Code.
It is the intent of the Legislature to enact legislation to provide resources for caregivers and relative caregivers.