CA AB 1756

Title: Committee on Judiciary: judiciary omnibus.
Author: House Judiciary Committee

Summary
AB 1756, as amended, Committee on Judiciary. Committee on Judiciary: judiciary omnibus. (1) Existing law requires the Attorney General to maintain the Registry of Charitable Trusts, a register of charitable corporations, unincorporated associations, and trustees holding property for charitable purposes and fundraisers. Existing law also establishes the Registry of Charitable Trusts Fund in the State Treasury, and directs all registration fees, registration renewal fees, and late fees or other fees paid to the Department of Justice in relation to the Registry of Charitable Trusts be deposited into the fund. This bill would change the name of the Registry of Charitable Trusts to the Registry of Charities and Fundraisers. The bill would also change the name of the Registry of Charitable Trusts Fund to the Registry of Charities and Fundraisers Fund. The bill would also make conforming changes.(2) Existing law governs motor vehicle conditional sale contracts, as defined, and requires sellers of motor vehicles to make certain disclosures to buyers. Existing law authorizes a buyer to pay the entire indebtedness under the contract at any time before maturity without penalty, regardless of any contrary contract provision, as provided. Existing law provides for the determination of the outstanding obligation of the buyer if the indebtedness is satisfied before its maturity through surrender of the motor vehicle, repossession of the motor vehicle, redemption of the motor vehicle after repossession, or any judgment, and requires that the buyer’s outstanding obligation be computed as of the date the holder recovers the value of the motor vehicle through disposition thereof or judgment is entered or as of the date the holder takes possession of the motor vehicle, as applicable.This bill would make a technical change to these provisions relating to the determination of a buyer’s outstanding obligation if the indebtedness is satisfied by surrender of the motor vehicle, repossession of the motor vehicle, redemption of the motor vehicle after repossession, or any judgment.(3) Existing law governs the offer, sale, provision, or administration, in connection with a motor vehicle conditional sale contract, of a guaranteed asset protection waiver (GAP waiver), defined to mean an optional contractual obligation under which a seller agrees, for additional consideration, to cancel or waive all or part of amounts due on the buyer’s conditional sale contract subject to existing law in the event of a total loss or unrecovered theft of the motor vehicle specified in the conditional sale contract. Existing law also governs the termination of a GAP waiver, including the refund of GAP waiver costs on a termination, to be calculated as prescribed. Under existing law, if the termination occurs later than 30 days after the date the buyer purchased the GAP waiver, the buyer is entitled to a refund of the unearned GAP waiver charges, calculated on a pro rata basis according to a prescribed formula that uses figures relating to the period from the GAP waiver termination date to the original full term date of the conditional sale contract and to the original term of the conditional sale contract. A willful violation of these provisions is a crime.This bill, if the original full term of the conditional sale contract exceeded the original full term of the GAP waiver as of the date the buyer purchased the GAP waiver, would require in that case a formula that uses figures relating to the period from the GAP waiver termination date to the original full term date of the GAP waiver and to the original term of the GAP waiver. Because a willful violation of this provision would be a crime, this bill would impose a state-mandated local program. (4) Existing law provides that, in a civil action, before filing a demurrer, motion to strike, or motion for judgment on the pleadings, a party is required to meet and confer, in person or by telephone, with the opposing party to try

Status
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.).

Bill Documents
CA AB 1756 - 09/06/23 - Amended Senate

CA AB 1756 - 09/01/23 - Amended Senate

CA AB 1756 - 07/10/23 - Amended Senate

CA AB 1756 - 06/23/23 - Amended Senate

CA AB 1756 - 04/12/23 - Amended Assembly

CA AB 1756 - 03/29/23 - Amended Assembly

CA AB 1756 - 03/02/23 - Introduced

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CA AB 1756