BILL NUMBER: AB 2134 CHAPTERED
BILL TEXT
CHAPTER 473
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 1998
APPROVED BY GOVERNOR SEPTEMBER 13, 1998
PASSED THE ASSEMBLY AUGUST 20, 1998
PASSED THE SENATE AUGUST 6, 1998
AMENDED IN SENATE JUNE 22, 1998
AMENDED IN ASSEMBLY MAY 22, 1998
AMENDED IN ASSEMBLY APRIL 16, 1998
AMENDED IN ASSEMBLY APRIL 13, 1998
AMENDED IN ASSEMBLY MARCH 23, 1998
INTRODUCED BY Assembly Member Escutia
(Coauthors: Assembly Members Aroner, Figueroa, Havice, Hertzberg,
Keeley, Kuehl, Migden, and Ortiz)
(Coauthors: Senators Karnette and Watson)
FEBRUARY 18, 1998
An act to amend Section 395 of the Code of Civil Procedure, and to
add Section 2894.10 to the Public Utilities Code, relating to public
utilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2134, Escutia. Telecommunications: telephone service and
telephonic solicitation.
(1) Existing law provides that the proper county for trial of a
lawsuit based on an action arising from a transaction consummated as
a proximate result of an unsolicited telephone call made by a seller
engaged in the business of consummating transactions of that kind is
the county in which the buyer or lessee in fact signed the contract,
the county in which the buyer or lessee resided at the time the
contract was entered into, or the county in which the buyer or lessee
resides at the commencement of the action.
This bill would provide the same venue when the lawsuit is based
on an action arising from a transaction consummated as a proximate
result of a telephone call or electronic transmission made by the
buyer or lessee in response to a solicitation by the seller.
(2) Existing law prohibits a telephone corporation from making
specified information available regarding a residential customer
without first obtaining that customer's consent in writing.
This bill would require telephone corporations to provide their
residential customers on an annual basis one or more specified items
of information that would provide the customers with information
regarding state and federal laws that protect the privacy rights of
telephone customers with respect to telephone solicitations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 395 of the Code of Civil Procedure is amended
to read:
395. (a) Except as otherwise provided by law and subject to the
power of the court to transfer actions or proceedings as provided in
this title, the county in which the defendants or some of them reside
at the commencement of the action is the proper county for the trial
of the action. If the action is for injury to person or personal
property or for death from wrongful act or negligence, either the
county where the injury occurs or the injury causing death occurs or
the county in which the defendants, or some of them reside at the
commencement of the action, shall be a proper county for the trial of
the action. In a proceeding for dissolution of marriage, the county
in which either the petitioner or respondent has been a resident for
three months next preceding the commencement of the proceeding is
the proper county for the trial of the proceeding. In a proceeding
for nullity of marriage or legal separation of the parties, the
county in which either the petitioner or the respondent resides at
the commencement of the proceeding is the proper county for the trial
of the proceeding. In a proceeding to enforce an obligation of
support under Section 3900 of the Family Code, the county in which
the child resides is the proper county for the trial of the action.
In a proceeding to establish and enforce a foreign judgment or court
order for the support of a minor child, the county in which the child
resides is the proper county for the trial of the action. Subject
to subdivision (b), when a defendant has contracted to perform an
obligation in a particular county, either the county where the
obligation is to be performed or in which the contract in fact was
entered into or the county in which the defendant or any such
defendant resides at the commencement of the action shall be a proper
county for the trial of an action founded on that obligation, and
the county in which the obligation is incurred shall be deemed to be
the county in which it is to be performed unless there is a special
contract in writing to the contrary. If none of the defendants
reside in the state or if residing in the state and the county in
which they reside is unknown to the plaintiff, the action may be
tried in any county which the plaintiff may designate in his or her
complaint, and, if the defendant is about to depart from the state,
the action may be tried in any county where either of the parties
reside or service is made. If any person is improperly joined as a
defendant or has been made a defendant solely for the purpose of
having the action tried in the county or judicial district where he
or she resides, his or her residence shall not be considered in
determining the proper place for the trial of the action.
(b) Subject to the power of the court to transfer actions or
proceedings as provided in this title, in an action arising from an
offer or provision of goods, services, loans or extensions of credit
intended primarily for personal, family or household use, other than
an obligation described in Section 1812.10 or Section 2984.4 of the
Civil Code, or an action arising from a transaction consummated as a
proximate result of either an unsolicited telephone call made by a
seller engaged in the business of consummating transactions of that
kind or a telephone call or electronic transmission made by the buyer
or lessee in response to a solicitation by the seller, the county in
which the buyer or lessee in fact signed the contract, the county in
which the buyer or lessee resided at the time the contract was
entered into, or the county in which the buyer or lessee resides at
the commencement of the action, is the proper county for the trial
thereof.
(c) If within the county there is a municipal or justice court
having jurisdiction of the subject matter established, in the cases
mentioned in subdivision (a), in the judicial district in which the
defendant or any defendant resides, in which the injury to person or
personal property or the injury causing death occurs, or, in which
the obligation was contracted to be performed or, in cases mentioned
in subdivision (b), in the judicial district which the buyer or
lessee resides, in which the buyer or lessee in fact signed the
contract, in which the buyer or lessee resided at the time the
contract was entered into, or in which the buyer or lessee resides at
the commencement of the action, then that court is the proper court
for the trial of the action. Otherwise, any municipal or justice
court in the county having jurisdiction of the subject matter is a
proper court for the trial thereof.
(d) Any provision of an obligation described in subdivision (b) or
(c) waiving those subdivisions is void and unenforceable.
SEC. 2. Section 2894.10 is added to the Public Utilities Code, to
read:
2894.10. (a) The Legislature finds and declares that a number of
federal and state laws have been enacted to protect residential
telephone subscribers' privacy rights with respect to telephone
solicitations. Various governmental agencies publish information
that generally describes telephone subscribers' rights under these
laws. Examples of publications include the Federal Trade Commission'
s brochure, "Straight Talk About Telemarketing," and the Federal
Communications Commission's publication, "Consumer News, What You Can
Do About Unsolicited Telephone Marketing Calls and Faxes." The
Legislature intends that telephone subscribers be provided with
information regarding their privacy rights, under state and federal
law, with respect to telephone solicitations.
(b) Every local exchange telephone corporation shall provide its
residential customers with information regarding state and federal
laws that protect the privacy rights of residential telephone
subscribers with respect to telephone solicitations by providing on
an annual basis one or more of the following items of information in
the billing statement of each residential customer and in conspicuous
notices in the consumer information pages of the local telephone
directories distributed by that telephone corporation:
(1) A copy of a publication prepared by the Department of Consumer
Affairs, the Public Utilities Commission, the Federal Trade
Commission, or any other federal or state governmental agency that
generally describes telephone subscribers' privacy rights, under
state and federal laws, with respect to telephone solicitations.
(2) A list of the titles of the publications identified in
paragraph (1) and information on how to obtain those publications.
(c) A provider of local exchange service shall not be subject to
any penalties if the provider makes a good faith effort to provide or
identify the publications described in subdivision (b).