BILL NUMBER: AB 1954 AMENDED
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Nestande
FEBRUARY 23, 2012
An act to amend Section
65580 of the Government
6158.3 of, and to add Section 6157.6 to, the Business and
Professions Code, relating to housing
LEGISLATIVE COUNSEL'S DIGEST
AB 1954, as amended, Nestande. Housing.
Legal advertising: class actions.
Existing law, the State Bar Act, provides for the licensure and
regulation of attorneys by the State Bar of California (the Bar), a
public corporation. The State Bar Act also provides for the
regulation of legal advertising, as defined, and, among other things,
prohibits an advertisement from containing any false, misleading, or
This bill would require an advertisement soliciting plaintiffs for
a class action to include a disclosure stating that a plaintiff in a
class action may be financially liable for the attorneys' fees of
the defendant where the defendant is the prevailing party. The bill
would specify that a violation of this section by a member of the Bar
is a cause for discipline by the Bar.
Existing law sets forth various legislative findings and
declarations relating to housing, including a legislative finding and
declaration that the availability of housing is of vital statewide
This bill would make technical, nonsubstantive changes to these
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6157.6 is added to the
Business and Professions Code , to read:
6157.6. (a) An advertisement soliciting plaintiffs for a class
action shall, in addition to meeting any other requirements imposed
by this article, include a disclosure stating that a plaintiff in a
class action may be financially liable for the attorneys' fees of the
defendant where the defendant is the prevailing party.
(b) A violation of this section by a member shall constitute a
cause for discipline by the State Bar.
SEC. 2. Section 6158.3 of the Business
and Professions Code is amended to read:
6158.3. In addition to any disclosure required by Section 6157.2,
Section 6157.3, Section 6157.6, and the Rules of
Professional Conduct, the following disclosure shall appear in
advertising by electronic media. Use of the following disclosure
alone may not rebut any presumption created in Section 6158.1. If an
advertisement in the electronic media conveys a message portraying a
result in a particular case or cases, the advertisement must state,
in either an oral or printed communication, either of the following
disclosures: The advertisement must adequately disclose the factual
and legal circumstances that justify the result portrayed in the
message, including the basis for liability and the nature of injury
or damage sustained, or the advertisement must state that the result
portrayed in the advertisement was dependent on the facts of that
case, and that the results will differ if based on different facts.
SECTION 1. Section 65580 of the Government Code
is amended to read:
65580. The Legislature finds and declares all of the following:
(a) The availability of housing is of vital statewide importance,
and the early attainment of decent housing and a suitable living
environment for every Californian, including, but not limited to,
farmworkers, is a priority of the highest order.
(b) The early attainment of this goal requires the cooperative
participation of government and the private sector in an effort to
expand housing opportunities and accommodate the housing needs of
Californians of all economic levels.
(c) The provision of housing affordable to low- and
moderate-income households requires the cooperation of all levels of
(d) Local and state governments have a responsibility to use the
powers vested in them to facilitate the improvement and development
of housing to make adequate provision for the housing needs of all
economic segments of the community.
(e) The Legislature recognizes that in carrying out this
responsibility, each local government also has the responsibility to
consider the economic, environmental, and fiscal factors and
community goals set forth in its general plan and to cooperate with
other local governments and the state in addressing regional housing