Bill Text: CA AB1871 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 1871 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Vehicle history reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 863, Statutes of 2022. [AB1871 Detail]

Download: California-2021-AB1871-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1871

Introduced by Assembly Member Calderon

February 08, 2022

An act to amend Section 3287 of the Civil Code, relating to judgments.

LEGISLATIVE COUNSEL'S DIGEST

AB 1871, as introduced, Calderon. Damages: interest.

Existing law provides that a person who is entitled to recover damages certain, or capable of being made certain by calculation, and in whom the right to recover those damages vested on a particular day is also entitled to collect interest on the damages from that day, except as prescribed.

This bill would make nonsubstantive changes to that provision.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 3287 of the Civil Code is amended to read:

3287.

(a) A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover ~~which~~ that is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. This section is applicable to recovery of damages and interest from ~~any~~ a debtor, including the state or any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state.

(b) ~~Every~~ A person who is entitled under ~~any~~ a judgment to receive damages based upon a cause of action in contract where the claim was unliquidated, may also recover interest thereon from a date ~~prior to~~ before the entry of judgment as the court may, in its discretion, fix, but in no event earlier than the date the action was filed.

(c) Unless another statute provides a different interest rate, in a tax or fee claim against a public entity that results in a judgment against the public entity, interest shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury ~~yield,~~ yield but shall not exceed 7 percent per annum. That rate shall control until the judgment becomes enforceable under Section 965.5 or 970.1 of the Government Code, at which time interest shall accrue at an annual rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 ~~percent,~~ percent but shall not exceed 7 percent per annum.