SB 1117 California Senate · 2009-2010 Regular Session

Judgments: interest.

Summary
The California Constitution provides that the rate of interest on a judgment rendered in any court of this state shall be set by the Legislature at not more than 10% per annum. Existing law provides that interest accrues at the rate of 10% per annum on the principal amount of a money judgment remaining unsatisfied. Under existing law, if the plaintiff makes an offer that the defendant does not accept prior to trial or within 30 days, whichever occurs first, and the plaintiff obtains a more favorable judgment, the judgment shall bear interest at the legal rate of 10% per annum calculated from the date of the plaintiff's first offer that is exceeded by the judgment. Existing law also provides that a judgment is enforceable until 10 years after the time the judgment becomes final or until 10 years after the final installment becomes due. This bill would instead provide that interest accrues at the federal short-term rate plus 2%, except as otherwise provided in a written contract, not to exceed 10% per annum on those judgments, as specified. The bill would require the Controller to annually establish the interest rate, as specified, and notify the auditor in each county of that rate.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2010
Committee Review
Floor Vote
Governor
Introduced Feb 17, 2010 Last action Nov 30, 2010
Floor votes

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Full legislative history

Actions timeline

Total actions
6
Key actions
0
Committee
1
Apr 20, 2010
Committee
Set, first hearing. Failed passage in committee. (Ayes 1. Noes 3. Page 3305.) Reconsideration granted.
upper
Feb 17, 2010
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
MW
Mimi Walters
RRepublican
CA
37