Today in the Assembly Regulated Professions committee A2532 will be considered. The bill would alter the normal course for cases brought in the special civil part against home improvement contracts. Cases brought in the special civil part are case with values of $15,000 or less and provides for a quicker time between filing and trial. Under the Rules of Court, cases in special civil part must be filed in the county where at least one defendant lives or works. This bill changes that rule.
Under the bill the homeowner could bring the case where the homeowner lives and not where the contractor is located. This makes life somewhat easier for the customer but could make it somewhat harder for the contractor.
Assuming the bill eventually becomes law, a contractor can alter the application of the law with the contractor’s contract. The contract could provide that that all cases against the contractor must be brought in the contractor’s county and not that of homeowner. The contract could also provide that the homeowner could not file in court but must seek arbitration.
Update 12-9-08: The bill “passed” out of the Housing and Regulated Committee and sent to the Assembly Judiciary Committee. Once its is out of the committees the full assembly can vote on the bill. A similar process has to occur on the senate side.