California 2023-2024 Regular Session

California Assembly Bill AB1414 Compare Versions

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1-Assembly Bill No. 1414 CHAPTER 688 An act to amend Section 337a of, and to add Section 425.30 to, the Code of Civil Procedure, relating to civil actions. [ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ] LEGISLATIVE COUNSEL'S DIGESTAB 1414, 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 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.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. A book account does not include consumer debt.(b) For purposes of this section, consumer debt means 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 in a written 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 purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(1) An open book account for money due.(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(3) Money had and received by defendant for the use and benefit of plaintiff.(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(6) Money lent by plaintiff to defendant at defendants request.(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, 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 in a written contract.(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.
1+Enrolled September 18, 2023 Passed IN Senate September 12, 2023 Passed IN Assembly September 13, 2023 Amended IN Senate September 08, 2023 Amended IN Senate July 10, 2023 Amended IN Assembly April 26, 2023 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, 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 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.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. A book account does not include consumer debt.(b) For purposes of this section, consumer debt means 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 in a written 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 purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(1) An open book account for money due.(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(3) Money had and received by defendant for the use and benefit of plaintiff.(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(6) Money lent by plaintiff to defendant at defendants request.(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, 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 in a written contract.(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.
22
3- Assembly Bill No. 1414 CHAPTER 688 An act to amend Section 337a of, and to add Section 425.30 to, the Code of Civil Procedure, relating to civil actions. [ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ] LEGISLATIVE COUNSEL'S DIGESTAB 1414, 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled September 18, 2023 Passed IN Senate September 12, 2023 Passed IN Assembly September 13, 2023 Amended IN Senate September 08, 2023 Amended IN Senate July 10, 2023 Amended IN Assembly April 26, 2023 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, 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Assembly Bill No. 1414 CHAPTER 688
5+ Enrolled September 18, 2023 Passed IN Senate September 12, 2023 Passed IN Assembly September 13, 2023 Amended IN Senate September 08, 2023 Amended IN Senate July 10, 2023 Amended IN Assembly April 26, 2023 Amended IN Assembly April 12, 2023
66
7- Assembly Bill No. 1414
7+Enrolled September 18, 2023
8+Passed IN Senate September 12, 2023
9+Passed IN Assembly September 13, 2023
10+Amended IN Senate September 08, 2023
11+Amended IN Senate July 10, 2023
12+Amended IN Assembly April 26, 2023
13+Amended IN Assembly April 12, 2023
814
9- CHAPTER 688
15+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
16+
17+ Assembly Bill
18+
19+No. 1414
20+
21+Introduced by Assembly Member KalraFebruary 17, 2023
22+
23+Introduced by Assembly Member Kalra
24+February 17, 2023
1025
1126 An act to amend Section 337a of, and to add Section 425.30 to, the Code of Civil Procedure, relating to civil actions.
12-
13- [ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ]
1427
1528 LEGISLATIVE COUNSEL'S DIGEST
1629
1730 ## LEGISLATIVE COUNSEL'S DIGEST
1831
1932 AB 1414, Kalra. Civil actions: consumer debt.
2033
2134 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.
2235
2336 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.
2437
2538 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.
2639
2740 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.
2841
2942 This bill would prohibit the use of common counts, as defined, to recover consumer debt, as defined.
3043
3144 ## Digest Key
3245
3346 ## Bill Text
3447
3548 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. A book account does not include consumer debt.(b) For purposes of this section, consumer debt means 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 in a written 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 purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(1) An open book account for money due.(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(3) Money had and received by defendant for the use and benefit of plaintiff.(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(6) Money lent by plaintiff to defendant at defendants request.(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, 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 in a written contract.(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.
3649
3750 The people of the State of California do enact as follows:
3851
3952 ## The people of the State of California do enact as follows:
4053
4154 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. A book account does not include consumer debt.(b) For purposes of this section, consumer debt means 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 in a written contract.
4255
4356 SECTION 1. Section 337a of the Code of Civil Procedure is amended to read:
4457
4558 ### SECTION 1.
4659
4760 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. A book account does not include consumer debt.(b) For purposes of this section, consumer debt means 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 in a written contract.
4861
4962 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. A book account does not include consumer debt.(b) For purposes of this section, consumer debt means 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 in a written contract.
5063
5164 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. A book account does not include consumer debt.(b) For purposes of this section, consumer debt means 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 in a written contract.
5265
5366
5467
5568 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. A book account does not include consumer debt.
5669
5770 (b) For purposes of this section, consumer debt means 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 in a written contract.
5871
5972 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 purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(1) An open book account for money due.(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(3) Money had and received by defendant for the use and benefit of plaintiff.(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(6) Money lent by plaintiff to defendant at defendants request.(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, 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 in a written contract.(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.
6073
6174 SEC. 2. Section 425.30 is added to the Code of Civil Procedure, to read:
6275
6376 ### SEC. 2.
6477
6578 425.30. (a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(1) An open book account for money due.(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(3) Money had and received by defendant for the use and benefit of plaintiff.(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(6) Money lent by plaintiff to defendant at defendants request.(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, 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 in a written contract.(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.
6679
6780 425.30. (a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(1) An open book account for money due.(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(3) Money had and received by defendant for the use and benefit of plaintiff.(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(6) Money lent by plaintiff to defendant at defendants request.(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, 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 in a written contract.(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.
6881
6982 425.30. (a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:(1) An open book account for money due.(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.(3) Money had and received by defendant for the use and benefit of plaintiff.(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.(6) Money lent by plaintiff to defendant at defendants request.(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, 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 in a written contract.(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.
7083
7184
7285
7386 425.30. (a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a common count includes, but is not limited to, a claim for recovery of any of the following:
7487
7588 (1) An open book account for money due.
7689
7790 (2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.
7891
7992 (3) Money had and received by defendant for the use and benefit of plaintiff.
8093
8194 (4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.
8295
8396 (5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.
8497
8598 (6) Money lent by plaintiff to defendant at defendants request.
8699
87100 (7) Money paid out, laid out, and expended to or for defendant at defendants special instance and request.
88101
89102 (b) For purposes of this section, consumer debt means 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 in a written contract.
90103
91104 (c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.