Amended IN Assembly April 12, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1414Introduced by Assembly Member KalraFebruary 17, 2023 An act to amend Section 337a of, and to add Section 425.30 to, the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 1414, as amended, Kalra. Civil actions: consumer debt.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 credit accounts debt from the definition of book account. The bill would define consumer debt to mean any obligation or alleged obligation 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 that is initially payable on the face of a note or 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 consumerdebt. debt, as defined.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 337a of the Code of Civil Procedure is amended to read:337a. (a) The term 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. The term book account does not include consumer credit accounts. debt.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.SEC. 2. Section 425.30 is added to the Code of Civil Procedure, to read:425.30. (a) In an action for collection of consumer debt, common counts may not be used. For the purpose purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(a)(1) An open book account for money due.(b)(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(c)(3) Money had and received by defendant for the use and benefit of plaintiff.(d)(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(e)(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(f)(6) Money lent to plaintiff to defendant and defendants request.(g)(7) Money paid out, laid out, and expended to or for defendant at defendants special instance and request.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
Amended IN Assembly April 12, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1414Introduced by Assembly Member KalraFebruary 17, 2023 An act to amend Section 337a of, and to add Section 425.30 to, the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 1414, as amended, Kalra. Civil actions: consumer debt.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 credit accounts debt from the definition of book account. The bill would define consumer debt to mean any obligation or alleged obligation 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 that is initially payable on the face of a note or 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 consumerdebt. debt, as defined.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 12, 2023
Amended IN Assembly April 12, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1414
Introduced by Assembly Member KalraFebruary 17, 2023
Introduced by Assembly Member Kalra
February 17, 2023
An act to amend Section 337a of, and to add Section 425.30 to, the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1414, as amended, Kalra. Civil actions: consumer debt.
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 credit accounts debt from the definition of book account. The bill would define consumer debt to mean any obligation or alleged obligation 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 that is initially payable on the face of a note or 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 consumerdebt. debt, as defined.
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 credit accounts debt from the definition of book account. The bill would define consumer debt to mean any obligation or alleged obligation 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 that is initially payable on the face of a note or 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 consumerdebt. debt, as defined.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 337a of the Code of Civil Procedure is amended to read:337a. (a) The term 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. The term book account does not include consumer credit accounts. debt.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.SEC. 2. Section 425.30 is added to the Code of Civil Procedure, to read:425.30. (a) In an action for collection of consumer debt, common counts may not be used. For the purpose purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(a)(1) An open book account for money due.(b)(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(c)(3) Money had and received by defendant for the use and benefit of plaintiff.(d)(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(e)(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(f)(6) Money lent to plaintiff to defendant and defendants request.(g)(7) Money paid out, laid out, and expended to or for defendant at defendants special instance and request.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
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 337a of the Code of Civil Procedure is amended to read:337a. (a) The term 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. The term book account does not include consumer credit accounts. debt.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
SECTION 1. Section 337a of the Code of Civil Procedure is amended to read:
### SECTION 1.
337a. (a) The term 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. The term book account does not include consumer credit accounts. debt.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
337a. (a) The term 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. The term book account does not include consumer credit accounts. debt.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
337a. (a) The term 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. The term book account does not include consumer credit accounts. debt.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
337a. (a) The term 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. The term book account does not include consumer credit accounts. debt.
(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
SEC. 2. Section 425.30 is added to the Code of Civil Procedure, to read:425.30. (a) In an action for collection of consumer debt, common counts may not be used. For the purpose purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(a)(1) An open book account for money due.(b)(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(c)(3) Money had and received by defendant for the use and benefit of plaintiff.(d)(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(e)(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(f)(6) Money lent to plaintiff to defendant and defendants request.(g)(7) Money paid out, laid out, and expended to or for defendant at defendants special instance and request.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
SEC. 2. Section 425.30 is added to the Code of Civil Procedure, to read:
### SEC. 2.
425.30. (a) In an action for collection of consumer debt, common counts may not be used. For the purpose purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(a)(1) An open book account for money due.(b)(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(c)(3) Money had and received by defendant for the use and benefit of plaintiff.(d)(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(e)(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(f)(6) Money lent to plaintiff to defendant and defendants request.(g)(7) Money paid out, laid out, and expended to or for defendant at defendants special instance and request.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
425.30. (a) In an action for collection of consumer debt, common counts may not be used. For the purpose purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(a)(1) An open book account for money due.(b)(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(c)(3) Money had and received by defendant for the use and benefit of plaintiff.(d)(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(e)(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(f)(6) Money lent to plaintiff to defendant and defendants request.(g)(7) Money paid out, laid out, and expended to or for defendant at defendants special instance and request.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
425.30. (a) In an action for collection of consumer debt, common counts may not be used. For the purpose purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(a)(1) An open book account for money due.(b)(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(c)(3) Money had and received by defendant for the use and benefit of plaintiff.(d)(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(e)(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(f)(6) Money lent to plaintiff to defendant and defendants request.(g)(7) Money paid out, laid out, and expended to or for defendant at defendants special instance and request.(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.
425.30. (a) In an action for collection of consumer debt, common counts may not be used. For the purpose purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:
(a)
(1) An open book account for money due.
(b)
(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.
(c)
(3) Money had and received by defendant for the use and benefit of plaintiff.
(d)
(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.
(e)
(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.
(f)
(6) Money lent to plaintiff to defendant and defendants request.
(g)
(7) Money paid out, laid out, and expended to or for defendant at defendants special instance and request.
(b) For purposes of this section, consumer debt means any obligation or alleged obligation 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 that is initially payable on the face of a note or contract.