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CA AB1755
Bill
AI Summary
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Establishes a one-year statute of limitations (from expiration of express warranty) for actions seeking motor vehicle restitution or replacement, with an absolute cap of six years from original delivery date, subject to specified tolling provisions.
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Requires consumers seeking civil penalties to provide written notice to manufacturers at least 30 days prior to filing suit, demanding repurchase or replacement, with manufacturers able to forestall penalties by offering full restitution/replacement plus attorney's fees within 30 days and completing within 60 days.
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Mandates mediation in restitution/replacement actions with a court-appointed or private mediator scheduled within 90 days of the defendant's answer, with all discovery stayed except limited initial disclosures and depositions until mediation concludes.
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Implements a standardized settlement release form (Standardized SBA Release) and specifies damage calculations including offsets for third-party optional equipment, negative equity, and lease-specific provisions.
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Imposes sanctions on represented parties for noncompliance with document production, deposition, and mediation requirements, including monetary penalties ($1,500-$2,500 per violation) and potential case dismissal or evidentiary sanctions.
Legislative Description
Civil actions: restitution for or replacement of a new motor vehicle.
Last Action
Chaptered by Secretary of State - Chapter 938, Statutes of 2024.
9/29/2024