BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                   AB 223|
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                                 THIRD READING


          Bill No:  AB 223
          Author:   Frommer (D)
          Amended:  8/30/01 in Senate
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  7-0, 7/3/01
          AYES: Escutia, Ackerman, Haynes, Kuehl, O'Connell, Peace,  
            Sher

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  76-0, 5/10/01 (Passed on Consent) - See  
            last page for vote


           SUBJECT  :    Evidence:  depositions:  forms: discovery

           SOURCE  :     Judicial Council of California


           DIGEST  :    This bill, sponsored by the Judicial Council,  
          would make numerous clean-up changes to statutes relating  
          to trial court funding, and would amend various  
          discovery-related statutes to make discovery practice and  
          procedure more uniform throughout the state.

           Senate floor amendments  of 8/30/01:

          1. Add language to avoid chaptering problems.

          2. Delete provision adding courts to parties that may  
             recover reasonable expenditures made in connection with  
             crimes that are committed by state prisoners.
                                                           CONTINUED





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           ANALYSIS  :    Existing law differentiates between limited  
          civil cases and other civil cases in procedures relating to  
          statements of damages in personal injury and wrongful death  
          cases; the amounts of filing fees and undertakings for  
          writs of attachment and by judgment creditors; and the  
          entry of writs of execution on money judgments.

          This bill would eliminate the distinctions between limited  
          and other civil actions in these matters by extending  
          certain procedures and amounts of certain undertakings  
          applicable to most civil cases to limited civil cases as  
          well.  This bill also would raise the current amounts for  
          these undertakings from $7,500 to $10,000. 

          Existing law contains various provisions computing the time  
          to respond to service of various documents based on whether  
          service is made personally or by mail, in which case the  
          time to respond generally is extended by five days, or ten  
          days if the place of mailing is outside California.

          This bill would amend various sections to achieve internal  
          consistency in the application of these response deadlines.

          Existing law provides that "the court" shall issue  
          commissions for the taking of out-of-state depositions.

          This bill would provide that this essentially clerical  
          function may be performed by the court clerk.

          Existing law requires the Judicial Council to develop form  
          interrogatories for specified civil actions, and to  
          formulate and adopt forms and rules of court for litigants  
          proceeding in forma pauperis.

          This bill would clarify the Judicial Council's authority to  
          develop form interrogatories for other civil actions, and  
          would make a minor change in the information required on  
          the form for proceeding in forma pauperis.

          Existing law protects an attorney's work product from  
          disclosure in the discovery process unless the court  
          determines that denial of discovery will unfairly prejudice  
          the party seeking discovery.  Existing law does not,  







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          however, set forth procedures for hearing disputes  
          concerning the disclosure of attorney work product.

          This bill would amend Section 915 of the Evidence Code to  
          add claims of attorney work product privilege to the list  
          of other claims of privilege for which disclosure disputes  
          are determined under that section.

          Existing law provides that any party to a civil action may  
          take discovery, including deposition testimony, and  
          provides procedures for the taking of depositions.

          This bill would provide that a non-party deponent may  
          appear at a deposition by telephone if the court finds  
          there is good cause and no prejudice to any party.  This  
          bill further would provide that the procedures to implement  
          this section shall be established by court order in the  
          specific action or proceeding or by California Rule of  
          Court.

          Existing law provides that certified shorthand reporters  
          have the power to administer oaths or affirmations to those  
          being deposed.

          This bill would make that power applicable when the  
          deposition is taken by telephone or other remote electronic  
          means, as specified.

          Existing law generally provides for the taking of discovery  
          in civil actions, subject to the supervision of the court.

          This bill would provide for the use of advanced electronic  
          technologies, as defined therein, in conducting discovery  
          in certain cases, if the court finds or if the parties  
          stipulate that the use of such technology would promote  
          cost effective and efficient discovery; would not create an  
          undue economic burden on any person; would not require  
          undue expenditures of time or money; would not require  
          parties or counsel to purchase exceptional or unnecessary  
          services, hardware or software; and promoted open  
          competition among vendors and service providers to  
          facilitate the highest quality service at the lowest  
          reasonable cost.








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          Existing law provides for various budgetary and court  
          funding procedures predating, and made obsolete by, the  
          Trial Court Funding Act.  Existing law further vests the  
          Judicial Council with certain budgetary and allocation  
          authority, but is silent as to whether any of the authority  
          may be delegated, or as to whether the Judicial Council may  
          consider the input of various advisory committees in making  
          its allocation determination.

          This bill would repeal the obsolete provisions, and would  
          provide that the Judicial Council may delegate budgetary  
          activities and recommending authority as it deems  
          appropriate, and may consider input from other sources when  
          making allocation determinations.  This bill would further  
          provide that the Judicial Council may restrict or prohibit  
          a trial court from transferring money from one program to  
          another.

          This bill would require courts and counties to establish  
          procedures to share budgetary information, as specified.

          This bill would also require the Judicial Council to  
          provide to the Legislature, on December 1, 2001, and yearly  
          thereafter, court budget expenditure data, as specified.

          Existing law provides that all trial court funding from the  
          Trial Court Trust Fund must be kept by the court in its  
          Trial Court Operations Fund, which resides in the county  
          treasury, and may be audited by the State Controller.   
          Existing law further provides that a court may open a bank  
          account to hold bail money.  The Judicial Council must  
          obtain concurrence from the Department of Finance and the  
          Controller to establish a procedure for the use of any of  
          these funds.

          This bill provides instead that the Judicial Council, in  
          consultation with the Controller's Office, establish the  
          above mentioned procedure.

          This bill would provide that the Judicial Council may (1)  
          establish a trial court operations fund separate from, and  
          superseding, the county-treasury-based Trial Court  
          Operations Fund; (2) establish procedures for the use of  
          the monies in either the council-established or  







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          county-based fund; and (3) perform audits and review of  
          this fund whenever the records may be located.

          Existing law provides that when a trial court desires to  
          receive services from the county, the presiding judge of  
          the court may enter into a contract with the county for the  
          provision of those services.  Existing law does not,  
          however, provide a cap on indirect or overhead costs that  
          may be charged to the court pursuant to such service  
          contracts.

          This bill would provide that any indirect or overhead  
          charges be expressly stated and must themselves contain  
          items of court operations only.  

          Existing law requires the trial court to reimburse the  
          county for the cost of coverage of trial court employees in  
          trial court employment benefit plans.

          This bill provides that if the county administers trial  
          court employment benefits to trial court employees, or if  
          the trial court contracts with the county administer trial  
          court employment benefits to trial court employees, a trial  
          court employee shall be eligible to participate in trial  
          court employment benefits subject to trial court employment  
          benefit regulations, policies, terms and conditions, and  
          subject to both of the following:

          1. A trial court employee shall have the right to receive  
             the same level of trial court employment benefits as  
             county employees in similar classifications, as  
             designated by the trial court subject to the obligation  
             to meet and confer in good faith, without the  
             opportunity to meet and confer with the county as to  
             those benefits.

          2. The level of trial court employment benefits accruing to  
             a trial court employee is subject to modification by the  
             county if the county changes the level of the same  
             employment benefits accruing to county employees in   
             classifications that have been designated as similar  
             classification, as specified.

          Existing law establishes the total fee for filing the first  







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          paper in a limited civil case at $87.

          This bill would increase that to $90, except that in a case  
          where the amount demanded, excluding attorney's fees and  
          costs, is $10,000 or less, the fee shall be $83.  The first  
          page of the first paper shall state whether the amount  
          demanded exceeds or does not exceed $10,000.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/30/01)

          Judicial Council of California (source)
          California Chamber of Commerce
          Civil Justice Association of California

           ARGUMENTS IN SUPPORT  :    The Judicial Council of  
          California, sponsor of this bill, describes it as the  
          result of a broad and lengthy effort to (1) update code  
          sections relevant to civil discovery practice, (2)  
          streamline and make more uniform various civil and court  
          procedures, (3) appropriately reflect the changes wrought  
          by the Trial Court Funding Act of 1997, and (4) clarify  
          and, in certain areas, expand Judicial Council authority  
          over the trial court funding allocation process.

          The sponsor notes that, as appropriate, affected entities  
          and interested parties, including the California State  
          Association of Counties, employee representatives of SEIU  
          and AFSCME, and the State Bar, have reviewed and approved  
          sections of interest to them in the bill.  The sponsor is  
          unaware of any concerns or opposition to any provision of  
          the bill.

           ASSEMBLY FLOOR  :
          AYES:  Aanestad, Alquist, Ashburn, Bates, Bogh, Briggs,  
            Calderon, Bill Campbell, John Campbell, Canciamilla,  
            Cardenas, Cardoza, Cedillo, Chan, Chavez, Cogdill, Cohn,  
            Corbett, Correa, Cox, Daucher, Diaz, Dickerson, Dutra,  
            Firebaugh, Florez, Frommer, Goldberg, Harman, Havice,  
            Hollingsworth, Jackson, Keeley, Kehoe, Kelley, Koretz, La  
            Suer, Leach, Leonard, Leslie, Longville, Lowenthal,  
            Maddox, Maldonado, Matthews, Migden, Mountjoy, Nakano,  







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            Nation, Negrete McLeod, Oropeza, Robert Pacheco, Rod  
            Pacheco, Papan, Pavley, Pescetti, Reyes, Richman, Runner,  
            Salinas, Shelley, Simitian, Steinberg, Strickland,  
            Strom-Martin, Thomson, Vargas, Washington, Wayne, Wesson,  
            Wiggins, Wright, Wyland, Wyman, Zettel, Hertzberg


          RJG:sl  8/31/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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