CaliforniaCivil actions: restitution for or replacement of a new motor vehicle.
What it does
(1) Existing law prescribes specified procedures to govern actions seeking the restitution for or replacement of a new motor vehicle, or for civil penalties, pursuant to the provisions of the Song-Beverly Consumer Warranty Act or Tanner Consumer Protection Act. Beginning April 1, 2025, existing law will require the consumer to, prior to seeking civil penalties, provide a written notice to the manufacturer that, among other things, demands the manufacturer's restitution for or replacement of the consumer's vehicle.
More detail
This bill would provide that certain procedures described above would instead become operative on July 1, 2025. The bill would specify that the procedures described above would apply to the manufacturer of a motor vehicle only if the manufacturer elects to be governed by those procedures by reporting the election to the Arbitration Certification Program within the Department of Consumer Affairs. The bill would require a manufacturer that wishes to make this election regarding its motor vehicles sold in the year 2025 and all prior years to make the election within 30 days after the effective date of this bill. Thereafter, the bill would require a manufacturer that wishes to make this election to make an irrevocable election, as specified, regarding motor vehicles sold during the five calendar years following the date of the election. The bill would require the Arbitration Certification Program within the Department of Consumer Affairs, by December 15 of each year, to publish to its website a list of the manufacturers that have elected to be governed by the procedures described above for a period that includes the following calendar year.
(2) Under existing law, beginning April 1, 2025, a consumer who demands restitution for or replacement of a new motor vehicle may, if specified conditions are met, instead sell the vehicle and seek remedies against the manufacturer, including civil penalties.
This bill would change the operative date of that provision to July 1, 2025. The bill would prohibit a consumer who sells their vehicle after demanding restitution or replacement from seeking civil penalties unless the consumer provides to the prospective buyer or recipient of the vehicle, prior to the sale, written notice of the consumer's basis for seeking restitution or replacement and of any pending action against the manufacturer, as specified.
This bill would declare that it is to take effect immediately as an urgency statute.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Apr 2Chaptered by Secretary of State. Chapter 1, Statutes of 2025.Latest
- Apr 2Approved by the Governor Gavin Newsom.Became Law
- Apr 1Enrolled and presented to the Governor at 4 p.m.To Governor
- Vote recorded SB 26 Umberg Third Reading Urgency By Kalra. Result: pass.Lower
- Vote recorded Unfinished Business SB26 Umberg et al. Urgency Clause Concurrence. Result: pass.Upper
- Apr 1Assembly amendments concurred in. (Ayes 38. Noes 1. Page 604.) Ordered to engrossing and enrolling.Major
- Apr 1In Senate. Concurrence in Assembly amendments pending.
- Apr 1Read third time. Urgency clause adopted. Passed. (Ayes 77. Noes 0. Page 948.) Ordered to the Senate.Passed Assembly
- Mar 27Read second time. Ordered to third reading.Minor
- Mar 26From committee: Do pass. (Ayes 9. Noes 0.) (March 26).Minor
- Vote recorded Do pass. Result: pass.Lower
- Mar 24From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.Major
- Mar 24Referred to Com. on JUD.Minor
- Mar 24Joint Rule 62(a) suspended.
- Mar 13In Assembly. Read first time. Held at Desk.Minor
- Vote recorded 3rd Reading SB26 Umberg et al. Urgency Clause. Result: pass.Upper
- Mar 13Read third time. Urgency clause adopted. Passed. (Ayes 35. Noes 0. Page 364.) Ordered to the Assembly.Passed Senate
- Mar 10Read second time. Ordered to third reading.Minor
- Mar 6From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Mar 4Read second time and amended. Re-referred to Com. on APPR.Major
- Mar 3From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 304.) (March 3).Major
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Feb 28Set for hearing March 3.
- Feb 11From committee: Do pass and re-refer to Com. on B. P. & E.D. (Ayes 10. Noes 1. Page 176.) (February 11). Re-referred to Com. on B. P. & E.D.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Business, Professions and Economic Development]. Result: pass.Upper
- Feb 3Set for hearing February 11.
- Jan 29Referred to Coms. on JUD. and B. P. & E.D.Minor
- 2024
- Dec 3From printer. May be acted upon on or after January 2.
- Dec 2Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced