AB-78
Civil Rights & Liberties

Attorney’s fees: book accounts.

Engrossed
CA
2025-2026 Regular Session
0
0
Track

Key Takeaways

  • Increases maximum attorney's fees in book account disputes to $1,200 for personal accounts and $1,600 for business accounts, while maintaining the 25% cap of the principal obligation.
  • Requires written agreements to explicitly state that prevailing parties can receive attorney's fees before such fees can be awarded.
  • Excludes insurance companies, banks, and other financial institutions from these fee requirements unless specifically agreed to by contract.

Summary

Assembly Member Chen's proposal to modify California's attorney fee structure would raise the maximum recoverable fees in book account disputes, adjusting the current limits to account for legal cost variations across different types of cases.

The measure revises attorney fee caps in two categories of book account disputes where contracts do not specify fee arrangements. For cases involving personal, family, or household accounts, the maximum allowable fee would increase from $960 to $1,200. In all other book account matters, the ceiling would rise from $1,200 to $1,600. The existing alternative cap of 25% of the principal obligation remains unchanged. These limits apply both to prevailing parties bringing actions and to defendants who successfully defend against claimed obligations.

The bill maintains current procedural requirements and exclusions. Courts retain authority to award fees below these maximums based on default fee schedules or case-specific determinations. The provisions continue to exclude actions involving insurance companies, banks, credit unions, and other financial institutions unless specifically addressed by contract. Written agreements must explicitly state that prevailing parties can recover fees under this section for the provisions to apply.

Key Dates

Next Step
Senate Floor
Next Step
Senate Committee
Senate Floor
Hearing has not been scheduled yet
Senate Judiciary Hearing
Senate Committee
Senate Judiciary Hearing
Do pass and be ordered to the Consent Calendar
Vote on Assembly Floor
Assembly Floor
Vote on Assembly Floor
AB 78 Chen Consent Calendar Second Day
Assembly Judiciary Hearing
Assembly Committee
Assembly Judiciary Hearing
Do pass. To Consent Calendar
Introduced
Assembly Floor
Introduced
Introduced. To print.

Contacts

Profile
Anna CaballeroD
Senator
Floor Vote
Not Contacted
Not Contacted
Profile
Roger NielloR
Senator
Floor Vote
Not Contacted
Not Contacted
Profile
Tony StricklandR
Senator
Floor Vote
Not Contacted
Not Contacted
Profile
Shannon GroveR
Senator
Floor Vote
Not Contacted
Not Contacted
Profile
Brian JonesR
Senator
Floor Vote
Not Contacted
Not Contacted
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Anna CaballeroD
Senator
Floor Vote
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Roger NielloR
Senator
Floor Vote
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Tony StricklandR
Senator
Floor Vote
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Shannon GroveR
Senator
Floor Vote
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Brian JonesR
Senator
Floor Vote
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Benjamin AllenD
Senator
Floor Vote
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Mike McGuireD
Senator
Floor Vote
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Steven ChoiR
Senator
Floor Vote
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Eloise ReyesD
Senator
Floor Vote
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Phillip ChenR
Assemblymember
Bill Author
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Scott WienerD
Senator
Floor Vote
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Henry SternD
Senator
Floor Vote
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Tim GraysonD
Senator
Floor Vote
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Monique LimonD
Senator
Floor Vote
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Sabrina CervantesD
Senator
Floor Vote
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Bob ArchuletaD
Senator
Floor Vote
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Maria DurazoD
Senator
Floor Vote
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Melissa HurtadoD
Senator
Floor Vote
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Tom UmbergD
Senator
Floor Vote
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Susan RubioD
Senator
Floor Vote
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Lena GonzalezD
Senator
Floor Vote
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Megan DahleR
Senator
Floor Vote
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Kelly SeyartoR
Senator
Floor Vote
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Josh BeckerD
Senator
Floor Vote
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Dave CorteseD
Senator
Floor Vote
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John LairdD
Senator
Floor Vote
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Rosilicie Ochoa BoghR
Senator
Floor Vote
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Akilah Weber PiersonD
Senator
Floor Vote
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Marie Alvarado-GilR
Senator
Floor Vote
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Angelique AshbyD
Senator
Floor Vote
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Catherine BlakespearD
Senator
Floor Vote
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Caroline MenjivarD
Senator
Floor Vote
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Steve PadillaD
Senator
Floor Vote
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Lola Smallwood-CuevasD
Senator
Floor Vote
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Aisha WahabD
Senator
Floor Vote
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Jesse ArreguinD
Senator
Floor Vote
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Christopher CabaldonD
Senator
Floor Vote
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Jerry McNerneyD
Senator
Floor Vote
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Sasha Renee PerezD
Senator
Floor Vote
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Laura RichardsonD
Senator
Floor Vote
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Suzette ValladaresR
Senator
Floor Vote

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Phillip Chen
Phillip ChenR
California State Assembly Member
40% progression
Bill has passed all readings in its first house and is ready to move to the other house (3/10/2025)

Latest Voting History

June 24, 2025
PASS
Senate Committee
Senate Judiciary Hearing
AyesNoesNVRTotalResult
120113PASS

Key Takeaways

  • Increases maximum attorney's fees in book account disputes to $1,200 for personal accounts and $1,600 for business accounts, while maintaining the 25% cap of the principal obligation.
  • Requires written agreements to explicitly state that prevailing parties can receive attorney's fees before such fees can be awarded.
  • Excludes insurance companies, banks, and other financial institutions from these fee requirements unless specifically agreed to by contract.

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Phillip Chen
Phillip ChenR
California State Assembly Member

Summary

Assembly Member Chen's proposal to modify California's attorney fee structure would raise the maximum recoverable fees in book account disputes, adjusting the current limits to account for legal cost variations across different types of cases.

The measure revises attorney fee caps in two categories of book account disputes where contracts do not specify fee arrangements. For cases involving personal, family, or household accounts, the maximum allowable fee would increase from $960 to $1,200. In all other book account matters, the ceiling would rise from $1,200 to $1,600. The existing alternative cap of 25% of the principal obligation remains unchanged. These limits apply both to prevailing parties bringing actions and to defendants who successfully defend against claimed obligations.

The bill maintains current procedural requirements and exclusions. Courts retain authority to award fees below these maximums based on default fee schedules or case-specific determinations. The provisions continue to exclude actions involving insurance companies, banks, credit unions, and other financial institutions unless specifically addressed by contract. Written agreements must explicitly state that prevailing parties can recover fees under this section for the provisions to apply.

40% progression
Bill has passed all readings in its first house and is ready to move to the other house (3/10/2025)

Key Dates

Next Step
Senate Floor
Next Step
Senate Committee
Senate Floor
Hearing has not been scheduled yet
Senate Judiciary Hearing
Senate Committee
Senate Judiciary Hearing
Do pass and be ordered to the Consent Calendar
Vote on Assembly Floor
Assembly Floor
Vote on Assembly Floor
AB 78 Chen Consent Calendar Second Day
Assembly Judiciary Hearing
Assembly Committee
Assembly Judiciary Hearing
Do pass. To Consent Calendar
Introduced
Assembly Floor
Introduced
Introduced. To print.

Latest Voting History

June 24, 2025
PASS
Senate Committee
Senate Judiciary Hearing
AyesNoesNVRTotalResult
120113PASS

Contacts

Profile
Anna CaballeroD
Senator
Floor Vote
Not Contacted
Not Contacted
Profile
Roger NielloR
Senator
Floor Vote
Not Contacted
Not Contacted
Profile
Tony StricklandR
Senator
Floor Vote
Not Contacted
Not Contacted
Profile
Shannon GroveR
Senator
Floor Vote
Not Contacted
Not Contacted
Profile
Brian JonesR
Senator
Floor Vote
Not Contacted
Not Contacted
0 of 41 row(s) selected.
Page 1 of 9
Select All Legislators
Profile
Anna CaballeroD
Senator
Floor Vote
Profile
Roger NielloR
Senator
Floor Vote
Profile
Tony StricklandR
Senator
Floor Vote
Profile
Shannon GroveR
Senator
Floor Vote
Profile
Brian JonesR
Senator
Floor Vote
Profile
Benjamin AllenD
Senator
Floor Vote
Profile
Mike McGuireD
Senator
Floor Vote
Profile
Steven ChoiR
Senator
Floor Vote
Profile
Eloise ReyesD
Senator
Floor Vote
Profile
Phillip ChenR
Assemblymember
Bill Author
Profile
Scott WienerD
Senator
Floor Vote
Profile
Henry SternD
Senator
Floor Vote
Profile
Tim GraysonD
Senator
Floor Vote
Profile
Monique LimonD
Senator
Floor Vote
Profile
Sabrina CervantesD
Senator
Floor Vote
Profile
Bob ArchuletaD
Senator
Floor Vote
Profile
Maria DurazoD
Senator
Floor Vote
Profile
Melissa HurtadoD
Senator
Floor Vote
Profile
Tom UmbergD
Senator
Floor Vote
Profile
Susan RubioD
Senator
Floor Vote
Profile
Lena GonzalezD
Senator
Floor Vote
Profile
Megan DahleR
Senator
Floor Vote
Profile
Kelly SeyartoR
Senator
Floor Vote
Profile
Josh BeckerD
Senator
Floor Vote
Profile
Dave CorteseD
Senator
Floor Vote
Profile
John LairdD
Senator
Floor Vote
Profile
Rosilicie Ochoa BoghR
Senator
Floor Vote
Profile
Akilah Weber PiersonD
Senator
Floor Vote
Profile
Marie Alvarado-GilR
Senator
Floor Vote
Profile
Angelique AshbyD
Senator
Floor Vote
Profile
Catherine BlakespearD
Senator
Floor Vote
Profile
Caroline MenjivarD
Senator
Floor Vote
Profile
Steve PadillaD
Senator
Floor Vote
Profile
Lola Smallwood-CuevasD
Senator
Floor Vote
Profile
Aisha WahabD
Senator
Floor Vote
Profile
Jesse ArreguinD
Senator
Floor Vote
Profile
Christopher CabaldonD
Senator
Floor Vote
Profile
Jerry McNerneyD
Senator
Floor Vote
Profile
Sasha Renee PerezD
Senator
Floor Vote
Profile
Laura RichardsonD
Senator
Floor Vote
Profile
Suzette ValladaresR
Senator
Floor Vote