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AB-2248 Contracts: sales of dogs and cats.(2023-2024)

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Date Published: 06/20/2024 09:00 PM
AB2248:v97#DOCUMENT

Amended  IN  Senate  June 20, 2024
Amended  IN  Senate  May 29, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2248

Introduced by Assembly Member Maienschein
(Coauthors: Assembly Members Dixon, Kalra, and Pacheco)

February 08, 2024

An act to add Section 1670.13 to the Civil Code, relating to contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2248, as amended, Maienschein. Contracts: sales of dogs and cats.
Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Existing law provides that, except as provided, a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat is void as against public policy. Existing law provides that a contract entered into on or after January 1, 2018, for the lease of a dog or cat that provides for or offers the option of transferring ownership of the dog or cat at the end of the lease term is void as against public policy.
This bill would provide that a contract entered into on or after January 1, 2025, to transfer ownership of a dog or cat that is offered, negotiated, brokered, or otherwise arranged by a broker and where the buyer is located in California is void as against public policy if specified conditions are met, including that the contract requires a nonrefundable deposit. The bill would require a contract entered into on or after January 1, 2025, between a broker and a buyer who is located in California to include specified information, including that the broker is required to disclose the original source of the dog or cat involved in the contract. The The bill would authorize any court of competent jurisdiction to enjoin a person who offers a contract that contains a term that violates the above-described provisions. The bill would authorize a buyer harmed by a violation to bring a civil action pursuant to that provision against any person in violation of the above-described provisions, and would entitle a prevailing plaintiff to reasonable attorney’s fees and costs.
The bill would require, if money has been exchanged pursuant to a contract that is void pursuant to these provisions, the seller to refund the money to the buyer within 30 days of receiving notice that the contract is void. The bill would specify that nothing in its provisions are to be construed to limit a contract for the transfer of ownership of an animal trained as a service animal or police dog, and would define various terms for these purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1670.13 is added to the Civil Code, to read:

1670.13.
 (a) For purposes of this section, the following definitions apply:
(1) “Broker” means a person who buys, sells, or offers to sell dogs or cats for resale to another person or entity.
(2) “Police dog” means a dog used by a peace officer in the discharge or attempted discharge of their duties and includes, but is not limited to, a search and rescue dog or a passive alert dog.
(3) “Service animal” has the same meaning as that term is defined in Section 113903 of the Health and Safety Code.
(b) A contract entered into on or after January 1, 2025, to transfer ownership of a dog or cat that is offered, negotiated, brokered, or otherwise arranged by a broker and where the buyer is located in California is void as against public policy if any of the following circumstances apply:
(1) The contract requires a nonrefundable deposit.
(2) The contract does not identify the original source of the dog or cat, including, but not limited to, the breeder.
(c) A contract entered into on or after January 1, 2025, between a broker and a buyer who is located in California shall include both of the following information:
(1) The broker is required to disclose the original source of the dog or cat involved in the contract.
(2) The broker is prohibited from requiring a nonrefundable deposit.
(d) If money has been exchanged pursuant to a contract that is void pursuant to this section, the seller shall refund the money to the buyer within 30 days of receiving notice that the contract is void pursuant to this section.
(e) A person shall not offer a contract that contains a term that violates subdivision (b) or (c).
(f) If a A person who offers a contract that contains a term that violates subdivision (b) or (c), a court may enjoin that person from offering that contract. (c) may be enjoined by any court of competent jurisdiction.
(1) A buyer harmed by a violation may bring a civil action pursuant to this subdivision against any person in violation.
(2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to reasonable attorney’s fees and costs.
(g) Nothing in this section shall be construed to limit a contract for the transfer of ownership of an animal trained as a service animal or a police dog.