BILL NUMBER: AB 2865	CHAPTERED  09/19/02

	CHAPTER  708
	FILED WITH SECRETARY OF STATE  SEPTEMBER 19, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 19, 2002
	PASSED THE ASSEMBLY  AUGUST 22, 2002
	PASSED THE SENATE  AUGUST 19, 2002
	AMENDED IN SENATE  AUGUST 14, 2002
	AMENDED IN SENATE  JUNE 28, 2002
	AMENDED IN ASSEMBLY  MAY 2, 2002

INTRODUCED BY   Assembly Member Koretz

                        FEBRUARY 25, 2002

   An act to add Section 166.1 to the Code of Civil Procedure,
relating to appeals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2865, Koretz.  Appellate issues:  judges.
   Existing law sets forth the matters that trial court judges may
decide in chambers, as specified.
   This bill would add thereto that, upon the written request of any
party or his or her counsel, or at his or her own discretion, a trial
court judge may indicate in  any interlocutory order a belief that
there is a controlling question of law as to which there are
substantial grounds for a difference of opinion, appellate resolution
of which may materially advance the conclusion of the litigation.
There would be no grounds for a writ or appeal from the decision of
the trial judge in this regard.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 166.1 is added to the Code of Civil Procedure,
to read:
   166.1.  Upon the written request of any party or his or her
counsel, or at the judge's discretion, a judge may indicate in any
interlocutory order a belief that there is a controlling question of
law as to which there are substantial grounds for difference of
opinion, appellate resolution of which may materially advance the
conclusion of the litigation.  Neither the denial of a request for,
nor the objection of another party or counsel to, such a commentary
in the interlocutory order, may be grounds for a writ or appeal.