On Sep. 12, CAL LEG passed bill on vehicle restitution/replacement.
CAL LEG passed bill AB 1755 re restitution for or replacement of a new motor vehicle.
Adds chapter 12 (CAL LEG 10-2-12) to the Code of Civil Procedure, re civil actions.
Sets provisions for repurchase or replacement of a vehicle that is unable to be repaired
Bill Provisions
Under the Song-Beverly Consumer Warranty Act, if a manufacturer of a new motor vehicle is unable to service or repair it the manufacturer must repurchase or replace.
Bill provides that an action seeking the restitution for or replacement of a new motor vehicle, or for civil penalties, must commence within 1 year after the warranty expires.
In no event may action be brought later than 6 years after original delivery of vehicle.
Starting Apr. 1, 2025, consumer to provide written notice to manufacturer demanding restitution for or replacement of the consumer’s vehicle prior to seeking civil penalties.
Requires mediation in action or civil penalty and would stay all discovery, except limited set of disclosures and depositions, in such actions until mediation is concluded.
For such actions filed on or after Jan. 1, 2025, the bill authorizes the court to impose specified sanctions on represented parties who fail to comply with its provisions.
Legislative History
On Mar. 2, 2024, bill introduced in Assembly; on May 31, 2024, bill passed Assembly.
On Jun. 1, 2024, bill introduced in Senate; on Aug. 29, 2024, bill passed Senate.
On Aug. 31, 2024, bill amendments concurred; on Sep. 12, bill delivered to governor.
Effectiveness
Section CAL LEG 10-2-12-871.24 shall become operative on Apr. 1, 2025.
All other sections will become effective the Jan. 1 after enactment, i.e., Jan. 1, 2025.
Sep. 2024 CAL LEG Bill Approval
On Sep. 29, 2024, CAL LEG reported bill approval by governor, became Chapter 938.
Regulators
CAL LEG
Entity Types
CNSM; Corp
Reference
Ch. 938, 9/29/2024; Bill, AB1755, 9/12/2024; Citation: CAL LEG 10-2;
