BILL NUMBER: AB 1108	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2011

INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 18, 2011

    An act to amend Section 1032 of, and to repeal Section
1034 of, the Code of Civil Procedure, relating to civil actions.
  An act to amend Section 1780 of the Civil Code,
relating to consumer remedies. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1108, as amended, Nielsen.  Litigation costs: court
rules.   Consumer remedies: litigation costs: prevailing
party.  
   Existing law, the Consumer Legal Remedies Act, authorizes a
consumer who suffers damage from the use of unfair methods of
competition and unfair or deceptive acts, as defined, to bring an
action to recover damages or other relief. Existing law requires a
court to award court costs and attorney's fees to the prevailing
plaintiff in an action brought pursuant to those provisions. Existing
law also permits a court to award reasonable attorney's fees to a
prevailing defendant only if the court finds that the plaintiff's
prosecution of the action was not in good faith.  
   This bill would revise those provisions to instead require a court
to award court costs and attorney's fees to the prevailing party in
the action.  
   Existing law provides that prejudgment costs shall be claimed and
contested in accordance with rules adopted by the Judicial Council.
Existing law also requires the Judicial Council to establish by rule
allowable costs on appeal and the procedure for claiming those costs.
 
   This bill would repeal those provisions, and make other conforming
changes. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1780 of the   Civil
Code   is amended to read: 
   1780.  (a) Any consumer who suffers any damage as a result of the
use or employment by any person of a method, act, or practice
declared to be unlawful by Section 1770 may bring an action against
that person to recover or obtain any of the following:
   (1) Actual damages, but in no case shall the total award of
damages in a class action be less than one thousand dollars ($1,000).

   (2) An order enjoining the methods, acts, or practices.
   (3) Restitution of property.
   (4) Punitive damages.
   (5) Any other relief that the court deems proper.
   (b) (1) Any consumer who is a senior citizen or a disabled person,
as defined in subdivisions (f) and (g) of Section 1761, as part of
an action under subdivision (a), may seek and be awarded, in addition
to the remedies specified therein, up to five thousand dollars
($5,000) where the trier of fact does all of the following:
   (A) Finds that the consumer has suffered substantial physical,
emotional, or economic damage resulting from the defendant's conduct.

   (B) Makes an affirmative finding in regard to one or more of the
factors set forth in subdivision (b) of Section 3345.
   (C) Finds that an additional award is appropriate.
   (2) Judgment in a class action by senior citizens or disabled
persons under Section 1781 may award each class member that
additional award if the trier of fact has made the foregoing
findings.
   (c) Whenever it is proven by a preponderance of the evidence that
a defendant has engaged in conduct in violation of paragraph (24) of
subdivision (a) of Section 1770, in addition to all other remedies
otherwise provided in this section, the court shall award treble
actual damages to the plaintiff. This subdivision shall not apply to
attorneys licensed to practice law in California, who are subject to
the California Rules of Professional Conduct and to the mandatory fee
arbitration provisions of Article 13 (commencing with Section 6200)
of Chapter 4 of Division 3 of the Business and Professions Code, when
the fees charged or received are for providing representation in
administrative agency appeal proceedings or court proceedings for
purposes of procuring, maintaining, or securing public social
services on behalf of a person or group of persons.
   (d) An action under subdivision (a) or (b) may be commenced in the
county in which the person against whom it is brought resides, has
his or her principal place of business, or is doing business, or in
the county where the transaction or any substantial portion thereof
occurred.
   In any action subject to this section, concurrently with the
filing of the complaint, the plaintiff shall file an affidavit
stating facts showing that the action has been commenced in a county
described in this section as a proper place for the trial of the
action. If a plaintiff fails to file the affidavit required by this
section, the court shall, upon its own motion or upon motion of any
party, dismiss the action without prejudice.
   (e) The court shall award court costs and attorney's fees to a
prevailing  plaintiff   party  in
litigation filed pursuant to this section.  Reasonable
attorney's fees may be awarded to a prevailing defendant upon a
finding by the court that the plaintiff's prosecution of the action
was not in good faith.  
  SECTION 1.    Section 1032 of the Code of Civil
Procedure is amended to read:
   1032.  (a) As used in this section, unless the context clearly
requires otherwise:
   (1) "Complaint" includes a cross-complaint.
   (2) "Defendant" includes a cross-defendant or a person against
whom a complaint is filed.
   (3) "Plaintiff" includes a cross-complainant or a party who files
a complaint in intervention.
   (4) "Prevailing party" includes the party with a net monetary
recovery, a defendant in whose favor a dismissal is entered, a
defendant where neither plaintiff nor defendant obtains any relief,
and a defendant as against those plaintiffs who do not recover any
relief against that defendant. When any party recovers other than
monetary relief and in situations other than as specified, the
"prevailing party" shall be as determined by the court, and under
those circumstances, the court, in its discretion, may allow costs or
not and, if allowed may apportion costs between the parties on the
same or adverse sides.
   (b) Except as otherwise expressly provided by statute, a
prevailing party is entitled as a matter of right to recover costs in
any action or proceeding.
   (c) Nothing in this section shall prohibit parties from
stipulating to alternative procedures for awarding costs in the
litigation.  
  SEC. 2.    Section 1034 of the Code of Civil
Procedure is repealed.