BILL NUMBER: SB 562 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2001
AMENDED IN SENATE MARCH 28, 2001
INTRODUCED BY Senator Morrow
FEBRUARY 22, 2001
An act to amend Sections 86, 472b, 564, 638, 912, 1206,
and 1281.5 and 1206 of, and to add Section 89
to, the Code of Civil Procedure, to amend Section 11937 of the Food
and Agricultural Code, to amend Section 946.6 of the Government Code,
and to amend Sections 16370, 16373, and 16379 of the Vehicle Code,
relating to civil procedure.
LEGISLATIVE COUNSEL'S DIGEST
SB 562, as amended, Morrow. Civil procedure: limited civil
cases.
(1) Existing law establishes the parameters for limited civil
cases. Existing law provides that actions to enforce and foreclose
liens of mechanics, materialmen, artisans, laborers, and all other
persons having mechanics' liens, where the total amount of the liens
is $25,000 or less, constitute limited civil cases.
This bill would include petitions to release mechanics' liens
where the total amount of a lien is $25,000 or less, to the list of
proceedings that constitute limited civil cases.
(2) Existing law establishes the requisite conditions for an
action or proceeding to be treated as a limited civil case.
This bill would specify that the existence of a statute relating
to the authority of the court in a limited civil case does not imply
that the same authority does or does not apply in an unlimited case.
The bill would also provide that the existence of a statute relating
to the authority of the court in an unlimited case does not imply
the existence of the same authority in a limited civil case.
(3) Existing law delineates various circumstances in which a
superior court may appoint a receiver in a pending action, but limits
that authority to cases other than limited civil cases.
This bill would delete the limitation of the provision to
superior courts and the limitation of the authority to
cases other than limited civil cases.
(4) Existing law establishes the requirements for the
enforcement of arbitration agreements in the context of liens on
works of improvement. Under existing law, a person who seeks to
enforce a claim of lien on a work of improvement does not waive any
arbitration rights pursuant to a written agreement if, in filing the
complaint in the action, the claimant also provides the court with an
application to stay the action pending arbitration.
This bill would provide that a person also does not waive any
arbitration rights if the person includes an allegation in the
complaint stating the intent not to waive arbitration rights and the
intent to move the court for an order to stay proceedings within 30
days after service of the summons and complaint. The bill would
additionally require a claimant seeking to preserve arbitration
rights to file and serve a motion and notice of motion to stay the
action pending arbitration within 30 days after service of the
summons and complaint. This bill would also establish that pursuant
to these provisions no party is entitled to discovery without leave
of court unless the claimant expressly waives the right to
arbitration, the court denies the motion for a stay, or the claimant
fails to comply with certain requirements, as specified.
(5) Existing law provides that when an application to
bring a claim against a public entity or public employee is denied by
the governing body of that entity, a person may petition the court
for an order relieving the petitioner from the prohibition against
bringing a suit against the public entity.
This bill would specify that where an action to which the claim
relates would be a limited civil case, the proceeding to petition a
court pursuant to these provisions would also constitute a limited
civil case.
(6)
(5) The bill would also make related changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 86 of the Code of Civil Procedure is amended to
read:
86. (a) The following civil cases and proceedings are limited
civil cases:
(1) Cases at law in which the demand, exclusive of interest, or
the value of the property in controversy amounts to twenty-five
thousand dollars ($25,000) or less. This paragraph does not apply to
cases that involve the legality of any tax, impost, assessment,
toll, or municipal fine, except actions to enforce payment of
delinquent unsecured personal property taxes if the legality of the
tax is not contested by the defendant.
(2) Actions for dissolution of partnership where the total assets
of the partnership do not exceed twenty-five thousand dollars
($25,000); actions of interpleader where the amount of money or the
value of the property involved does not exceed twenty-five thousand
dollars ($25,000).
(3) Actions to cancel or rescind a contract when the relief is
sought in connection with an action to recover money not exceeding
twenty-five thousand dollars ($25,000) or property of a value not
exceeding twenty-five thousand dollars ($25,000), paid or delivered
under, or in consideration of, the contract; actions to revise a
contract where the relief is sought in an action upon the contract if
the action otherwise is a limited civil case.
(4) Proceedings in forcible entry or forcible or unlawful detainer
where the whole amount of damages claimed is twenty-five thousand
dollars ($25,000) or less.
(5) Actions to enforce and foreclose liens on personal property
where the amount of the liens is twenty-five thousand dollars
($25,000) or less.
(6) Actions to enforce and foreclose, or petitions to release,
liens of mechanics, materialmen, artisans, laborers, and of all other
persons to whom liens are given under the provisions of Chapter 2
(commencing with Section 3109) of Title 15 of Part 4 of Division 3 of
the Civil Code, or to enforce and foreclose an assessment lien on a
common interest development as defined in Section 1351 of the Civil
Code, where the amount of the liens is twenty-five thousand dollars
($25,000) or less. However, where an action to enforce the lien
affects property that is also affected by a similar pending action
that is not a limited civil case, or where the total amount of the
liens sought to be foreclosed against the same property aggregates an
amount in excess of twenty-five thousand dollars ($25,000), the
action is not a limited civil case.
(7) Actions for declaratory relief when brought pursuant to either
of the following:
(A) By way of cross-complaint as to a right of indemnity with
respect to the relief demanded in the complaint or a cross-complaint
in an action or proceeding that is otherwise a limited civil case.
(B) To conduct a trial after a nonbinding fee arbitration between
an attorney and client, pursuant to Article 13 (commencing with
Section 6200) of Chapter 4 of Division 3 of the Business and
Professions Code, where the amount in controversy is twenty-five
thousand dollars ($25,000) or less.
(8) Actions to issue temporary restraining orders and preliminary
injunctions, and to take accounts, where necessary to preserve the
property or rights of any party to a limited civil case; to make any
order or perform any act, pursuant to Title 9 (commencing with
Section 680.010) of Part 2 (enforcement of judgments) in a limited
civil case; to appoint a receiver pursuant to Section 564 in a
limited civil case; to determine title to personal property seized in
a limited civil case.
(9) Actions under Article 3 (commencing with Section 708.210) of
Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an
interest in personal property or to enforce the liability of the
debtor of a judgment debtor where the interest claimed adversely is
of a value not exceeding twenty-five thousand dollars ($25,000) or
the debt denied does not exceed twenty-five thousand dollars
($25,000).
(10) Arbitration-related petitions filed pursuant to either of the
following:
(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title
9 of Part 3, except for uninsured motorist arbitration proceedings
in accordance with Section 11580.2 of the Insurance Code, if the
petition is filed before the arbitration award becomes final and the
matter to be resolved by arbitration is a limited civil case under
paragraphs (1) to (9), inclusive, of subdivision (a) or if the
petition is filed after the arbitration award becomes final and the
amount of the award and all other rulings, pronouncements, and
decisions made in the award are within paragraphs (1) to (9),
inclusive, of subdivision (a).
(B) To confirm, correct, or vacate a fee arbitration award between
an attorney and client that is binding or has become binding,
pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of
Division 3 of the Business and Professions Code, where the
arbitration award is twenty-five thousand dollars ($25,000) or less.
(b) The following cases in equity are limited civil cases:
(1) Cases to try title to personal property when the amount
involved is not more than twenty-five thousand dollars ($25,000).
(2) Cases when equity is pleaded as a defensive matter in any case
that is otherwise a limited civil case.
(3) Cases to vacate a judgment or order of the court obtained in a
limited civil case through extrinsic fraud, mistake, inadvertence,
or excusable neglect.
SEC. 2. Section 89 is added to the Code of Civil Procedure, to
read:
89. (a) The existence of a statute relating to the authority of
the court in a limited civil case does not, by itself, imply that the
same authority does or does not exist in an unlimited civil case.
(b) The existence of a statute relating to the authority of the
court in an unlimited civil case does not, by itself, imply that the
same authority does or does not exist in a limited civil case.
SEC. 3. Section 472b of the Code of Civil Procedure is amended to
read:
472b. When a demurrer to any pleading is sustained or overruled,
and time to amend or answer is given, the time so given runs from the
service of notice of the decision or order, unless the notice is
waived in open court, and the waiver entered in the minutes. When an
order sustaining a demurrer without leave to amend is reversed or
otherwise remanded by any order issued by a reviewing court, any
amended complaint shall be filed within 30 days after the clerk of
the reviewing court mails notice of the issuance of the remittitur.
SEC. 4. Section 564 of the Code of Civil Procedure is amended to
read:
564. (a) A receiver may be appointed, in the manner provided in
this chapter, by the court in which an action or proceeding is
pending in any case in which the court is empowered by law to appoint
a receiver.
(b) A receiver may be appointed by the court in which an action
or proceeding is pending, or by a judge thereof, in the following
cases:
(1) In an action by a vendor to vacate a fraudulent purchase of
property, or by a creditor to subject any property or fund to the
creditor's claim, or between partners or others jointly owning or
interested in any property or fund, on the application of the
plaintiff, or of any party whose right to or interest in the property
or fund, or the proceeds thereof, is probable, and where it is shown
that the property or fund is in danger of being lost, removed, or
materially injured.
(2) In an action by a secured lender for the foreclosure of a deed
of trust or mortgage and sale of property upon which there is a lien
under a deed of trust or mortgage, where it appears that the
property is in danger of being lost, removed, or materially injured,
or that the condition of the deed of trust or mortgage has not been
performed, and that the property is probably insufficient to
discharge the deed of trust or mortgage debt.
(3) After judgment, to carry the judgment into effect.
(4) After judgment, to dispose of the property according to the
judgment, or to preserve it during the pendency of an appeal, or
pursuant to Title 9 (commencing with Section 680.010) (enforcement of
judgments), or after sale of real property pursuant to a decree of
foreclosure, during the redemption period, to collect, expend, and
disburse rents as directed by the court or otherwise provided by law.
(5) Where a corporation has been dissolved, as provided in Section
565.
(6) Where a corporation is insolvent, or in imminent danger of
insolvency, or has forfeited its corporate rights.
(7) In an action of unlawful detainer.
(8) At the request of the Public Utilities Commission pursuant to
Sections 855 and 5259.5 of the Public Utilities Code.
(9) In all other cases where necessary to preserve the property or
rights of any party.
(10) At the request of the Office of Statewide Health Planning and
Development, or the Attorney General, pursuant to Section 129173 of
the Health and Safety Code.
(11) In an action by a secured lender for specific performance of
an assignment of rents provision in a deed of trust, mortgage, or
separate assignment document. The appointment may be continued after
entry of a judgment for specific performance if appropriate to
protect, operate, or maintain real property encumbered by a deed of
trust or mortgage or to collect rents therefrom while a pending
nonjudicial foreclosure under power of sale in a deed of trust or
mortgage is being completed.
(12) In a case brought by an assignee under an assignment of
leases, rents, issues, or profits pursuant to subdivision (g) of
Section 2938 of the Civil Code.
(c) A receiver may be appointed, in the manner provided in this
chapter, including, but not limited to, Section 566, by the superior
court in an action brought by a secured lender to enforce the rights
provided in Section 2929.5 of the Civil Code, to enable the secured
lender to enter and inspect the real property security for the
purpose of determining the existence, location, nature, and magnitude
of any past or present release or threatened release of any
hazardous substance into, onto, beneath, or from the real property
security. The secured lender shall not abuse the right of entry and
inspection or use it to harass the borrower or tenant of the
property. Except in case of an emergency, when the borrower or
tenant of the property has abandoned the premises, or if it is
impracticable to do so, the secured lender shall give the borrower or
tenant of the property reasonable notice of the secured lender's
intent to enter and shall enter only during the borrower's or tenant'
s normal business hours. Twenty-four hours' notice shall be presumed
to be reasonable notice in the absence of evidence to the contrary.
(d) Any action by a secured lender to appoint a receiver pursuant
to this section shall not constitute an action within the meaning of
subdivision (a) of Section 726.
(e) For purposes of this section:
(1) "Borrower" means the trustor under a deed of trust, or a
mortgagor under a mortgage, where the deed of trust or mortgage
encumbers real property security and secures the performance of the
trustor or mortgagor under a loan, extension of credit, guaranty, or
other obligation. The term includes any successor in interest of the
trustor or mortgagor to the real property security before the deed
of trust or mortgage has been discharged, reconveyed, or foreclosed
upon.
(2) "Hazardous substance" means (A) any "hazardous substance" as
defined in subdivision (f) of Section 25281 of the Health and Safety
Code as effective on January 1, 1991, or as subsequently amended, (B)
any "waste" as defined in subdivision (d) of Section 13050 of the
Water Code as effective on January 1, 1991, or as subsequently
amended, or (C) petroleum, including crude oil or any fraction
thereof, natural gas, natural gas liquids, liquefied natural gas, or
synthetic gas usable for fuel, or any mixture thereof.
(3) "Real property security" means any real property and
improvements, other than a separate interest and any related interest
in the common area of a residential common interest development, as
the terms "separate interest," "common area," and "common interest
development" are defined in Section 1351 of the Civil Code, or real
property consisting of one acre or less that contains 1 to 15
dwelling units.
(4) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, including continuing
migration, of hazardous substances into, onto, or through soil,
surface water, or groundwater.
(5) "Secured lender" means the beneficiary under a deed of trust
against the real property security, or the mortgagee under a mortgage
against the real property security, and any successor in interest of
the beneficiary or mortgagee to the deed of trust or mortgage.
SEC. 5. Section 638 of the Code of Civil Procedure is amended to
read:
638. A referee may be appointed upon the agreement of the parties
filed with the clerk, or judge, or entered in the minutes, or upon
the motion of a party to a written contract or lease that provides
that any controversy arising therefrom shall be heard by a referee if
the court finds a reference agreement exists between the parties:
(a) To hear and determine any or all of the issues in an action or
proceeding, whether of fact or of law, and to report a statement of
decision.
(b) To ascertain a fact necessary to enable the court to determine
an action or proceeding.
(c) In any matter in which a referee is appointed pursuant to this
section, a copy of the order shall be forwarded to the office of the
presiding judge. The Judicial Council shall, by rule, collect
information on the use of these referees. The Judicial Council shall
also collect information on fees paid by the parties for the use of
referees to the extent that information regarding those fees is
reported to the court. The Judicial Council shall report thereon to
the Legislature by January 1, 2003. This subdivision shall become
inoperative on January 1, 2004.
SEC. 6. Section 912 of the Code of Civil Procedure is amended to
read:
912. Upon final determination of an appeal by the reviewing
court, the clerk of the court shall remit to the trial court a
certified copy of the judgment or order of the reviewing court and of
its opinion, if any. The clerk of the trial court shall file the
certified copy of the judgment and opinion of the reviewing court,
shall attach the same to the judgment roll if the appeal was from a
judgment, and shall enter a note of the judgment of the reviewing
court stating whether the judgment or order appealed from has been
affirmed, reversed or modified, in the margin of the original entry
of the judgment or order, and also in the register of actions.
SEC. 7. Section 1206 of the Code of Civil Procedure is amended to
read:
1206. (a) Upon the levy under a writ of attachment or execution
not founded upon a claim for labor, any miner, mechanic, salesman,
servant, clerk, laborer or other person who has performed work or
rendered personal services for the defendant within 90 days prior to
the levy may file a verified statement of the claim therefor with the
officer executing the writ, file a copy thereof with the court that
issued the writ, and give copies thereof, containing his or her
address, to the plaintiff and the defendant, or any attorney, clerk
or agent representing them, or mail copies to them by registered mail
at their last known address, return of which by the post office
undelivered shall be deemed a sufficient service if no better address
is available, and that claim, not exceeding nine hundred dollars
($900), unless disputed, must be paid by the officer, immediately
upon the expiration of the time for dispute of the claim as
prescribed in Section 1207, from the proceeds of the levy remaining
in the officer's hands at the time of the filing of the statement or
collectible by the officer on the basis of the writ.
(b) The court issuing the writ must make a notation in the
register of actions of every preferred labor claim of which it
receives a copy and must endorse on any writ of execution or abstract
of judgment issued subsequently in the case that it is issued
subject to the rights of a preferred labor claimant or claimants and
giving the names and amounts of all preferred labor claims of which
it has notice. In levying under any writ of execution the officer
making the levy shall include in the amount due under the execution
any and all preferred labor claims that have been filed in the action
and of which the officer has notice, except any claims that may have
been finally disallowed by the court under the procedure provided
for herein and of which disallowance the officer has actual notice.
The amount due on preferred labor claims that have not been finally
disallowed by the court shall be considered a part of the sum due
under any writ of attachment or execution in augmentation of the
amount thereof and it shall be the duty of any person, firm,
association or corporation on whom a writ of attachment or execution
is levied to immediately pay to the levying officer the amount of the
preferred labor claims, out of any money belonging to the defendant
in the action, before paying the principal sum called for in the
writ.
(c) If any claim is disputed within the time, and in the manner
prescribed in Section 1207, and a copy of the dispute is mailed by
registered mail to the claimant or the claimant's attorney at the
address given in the statement of claim and the registry receipt is
attached to the original of the dispute when it is filed with the
levying officer, or is handed to the claimant or the claimant's
attorney, the claimant, or the claimant's assignee, must within 10
days after the copy is deposited in the mail or is handed to the
claimant or the claimant's attorney petition the court having
jurisdiction of the action on which the writ is based, for a hearing
before it to determine the claim for priority, or the claim to
priority is barred. If more than one attachment or execution is
involved, the petition shall be filed in the court having
jurisdiction over the senior attachment or execution. The hearing
shall be held within 20 days from the filing of the petition unless
the court continues it for good cause. Ten days' notice of the
hearing shall be given by the petitioner to the plaintiff and the
defendant, and to all parties claiming an interest in the property,
or their attorneys. The notice may be informal and need specify
merely the name of the court, names of the principal parties to the
senior attachment or execution and name of the wage claimant or
claimants on whose behalf it is filed but shall specify that the
hearing is for the purpose of determining the claim for priority.
The plaintiff or the defendant, or any other party claiming an
interest may contest the amount or validity of the claim in spite of
any confession of judgment or failure to appear or to contest the
claim on the part of any other person.
(d) There shall be no cost for filing or hearing the petition and
the hearing on the petition shall be informal but all parties
testifying must be sworn. Any claimant may appear on the claimant's
own behalf at the hearing and may call and examine witnesses to
substantiate his or her claim. An appeal may be taken from a
judgment in a proceeding under this section in the manner provided
for appeals from judgments of the court where the proceeding is had,
in an action of the same jurisdictional classification.
(e) The officer shall retain in possession until the determination
of the claim for priority so much of the proceeds of the writ as may
be necessary to satisfy the claim, and if the claim for priority is
allowed, the officer shall pay the amount due, including the claimant'
s cost of suit, from such proceeds, immediately after the order
allowing the claim becomes final.
SEC. 8. Section 1281.5 of the Code of Civil Procedure is amended
to read:
1281.5. (a) Any person who proceeds to record and enforce a claim
of lien by commencement of an action pursuant to Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil
Code, does not thereby waive any right of arbitration that the person
may have pursuant to a written agreement to arbitrate, if, in filing
an action to enforce the claim of lien, the claimant does either of
the following:
(1) Includes an allegation in the complaint that the claimant does
not intend thereby to waive any right of arbitration, and intends to
move the court, within 30 days after service of the summons and
complaint, for an order to stay further proceedings in the action.
(2) At the same time that the complaint is filed, the claimant
files an application that the action be stayed pending the
arbitration of any issue, question, or dispute that is claimed to be
arbitrable under the agreement and that is relevant to the action to
enforce the claim of lien.
(b) Within 30 days after service of the summons and complaint, the
claimant shall file and serve a motion and notice of motion pursuant
to Section 1281.4 to stay the action pending arbitration of any
issue, question, or dispute that is claimed to be arbitrable under
the agreement and that is relevant to the action to enforce the claim
of lien.
(c) Notwithstanding Article 3 (commencing with Section 2016) of
Chapter 3 of Title 3 of Part 4, if the claimant complies with
subdivision (a), no party to the action is entitled to discovery
without leave of court, until one of the following occurs:
(1) The claimant expressly waives the right to arbitration.
(2) The court denies the motion for a stay.
(3) The claimant fails to comply with subdivision (b).
(d) The failure of a defendant to file a petition pursuant to
Section 1281.2 at or before the time the defendant answers the
complaint filed pursuant to subdivision (a) is a waiver of the
defendant's right to compel arbitration.
SEC. 9.
SEC. 8. Section 11937 of the Food and Agricultural Code is
amended to read:
11937. Upon the expiration of 30 days after any judgment becomes
final, which is not stayed or satisfied in any action which results
in a judgment for damages, the clerk of a court shall forward to the
director a certified copy of the judgment or a certified copy of the
register of actions, and a certificate of facts relative to the
judgment, on a form which is provided by the director.
SEC. 10.
SEC. 9. Section 946.6 of the Government Code is amended to
read:
946.6. (a) Where an application for leave to present a claim is
denied or deemed to be denied pursuant to Section 911.6, a petition
may be made to the court for an order relieving the petitioner from
Section 945.4. The proper court for filing the petition is a superior
court that would be a proper court for the trial of an action on the
cause of action to which the claim relates. If the petition is
filed in a court which is not a proper court for the determination of
the matter, the court, on motion of any party, shall transfer the
proceeding to a proper court. Where an action on the cause of action
to which the claim relates would be a limited civil case, a
proceeding pursuant to this section is a limited civil case.
(b) The petition shall show each of the following:
(1) That application was made to the board under Section 911.4 and
was denied or deemed denied.
(2) The reason for failure to present the claim within the time
limit specified in Section 911.2.
(3) The information required by Section 910.
The petition shall be filed within six months after the
application to the board is denied or deemed to be denied pursuant to
Section 911.6.
(c) The court shall relieve the petitioner from Section 945.4 if
the court finds that the application to the board under Section 911.4
was made within a reasonable time not to exceed that specified in
subdivision (b) of Section 911.4 and was denied or deemed denied
pursuant to Section 911.6 and that one or more of the following is
applicable:
(1) The failure to present the claim was through mistake,
inadvertence, surprise, or excusable neglect unless the public entity
establishes that it would be prejudiced in the defense of the claim
if the court relieves the petitioner from Section 945.4.
(2) The person who sustained the alleged injury, damage or loss
was a minor during all of the time specified in Section 911.2 for the
presentation of the claim.
(3) The person who sustained the alleged injury, damage or loss
was physically or mentally incapacitated during all of the time
specified in Section 911.2 for the presentation of the claim and by
reason of that disability failed to present a claim during that time.
(4) The person who sustained the alleged injury, damage or loss
died before the expiration of the time specified in Section 911.2 for
the presentation of the claim.
(d) A copy of the petition and a written notice of the time and
place of hearing shall be served before the hearing as prescribed by
subdivision (b) of Section 1005 of the Code of Civil Procedure on (1)
the clerk or secretary or board of the local public entity, if the
respondent is a local public entity, or (2) the Attorney General, if
the respondent is the state. However, if the petition involves a
claim arising out of alleged actions or inactions of the Department
of Transportation, service of the petition and notice of the hearing
shall be made on the Attorney General or the Director of
Transportation. Service on the Attorney General may be accomplished
at any of the Attorney General's offices in Los Angeles, Sacramento,
San Diego, or San Francisco. Service on the Director of
Transportation may be accomplished only at the Department of
Transportation's headquarters office in Sacramento.
(e) The court shall make an independent determination upon the
petition. The determination shall be made upon the basis of the
petition, any affidavits in support of or in opposition to the
petition, and any additional evidence received at the hearing on the
petition.
(f) If the court makes an order relieving the petitioner from
Section 945.4, suit on the cause of action to which the claim relates
shall be filed with the
court within 30 days thereafter.
SEC. 11.
SEC. 10. Section 16370 of the Vehicle Code is amended to
read:
16370. The department shall suspend the privilege of any person
to operate a motor vehicle upon receiving a certified copy of a
judgment, or a certified copy of the register of actions (or a
comparable court record of another jurisdiction) in an action
resulting in a judgment for damages, and a certificate of facts
relative to the judgment, on a form provided by the department,
indicating that the person has failed for a period of 30 days to
satisfy a judgment rendered against him or her.
SEC. 12.
SEC. 11. Section 16373 of the Vehicle Code is amended to
read:
16373. (a) The clerk of a court shall, subject to subdivision
(b), issue upon the request of a judgment creditor a certified copy
of any judgment or a certified copy of the register of actions (or a
comparable court record of another jurisdiction) in an action
resulting in a judgment for damages, and a certificate of facts
relative to the judgment on a form provided by the department.
(b) The judgment creditor may pay the required fees and request
the documents specified in subdivision (a) upon the expiration of 30
days after the judgment has become final, if the judgment has not
been stayed or satisfied within the amounts specified in this chapter
as shown by the records of the court. The court shall determine the
required fees, which shall be commensurate with the cost incurred by
the court in carrying out this section.
SEC. 13.
SEC. 12. Section 16379 of the Vehicle Code is amended to
read:
16379. (a) The department shall not suspend a license and shall
restore any suspended license following nonpayment of a final
judgment when the judgment debtor gives proof of financial
responsibility for future damages and when the trial court in which
the judgment was rendered orders the payment of the judgment in
installments and while the payment of any installment payment is not
in default.
(b) Whenever the trial court orders the payment of a judgment in
installments as provided in this section, upon payment of the
required fees by the judgment creditor, it shall forward a certified
copy of the order to the department, together with a certified copy
of the judgment or a certified copy of the register of actions (or a
comparable court record of another jurisdiction) in an action
resulting in a judgment for damages and a certificate of facts
relative to the judgment on a form provided by the department.
(c) The court shall determine the required fees, which shall be
commensurate with the cost incurred by the court in carrying out the
provisions of this section.