BILL NUMBER: AB 1742 CHAPTERED
BILL TEXT
CHAPTER 706
FILED WITH SECRETARY OF STATE OCTOBER 7, 2005
APPROVED BY GOVERNOR OCTOBER 7, 2005
PASSED THE ASSEMBLY SEPTEMBER 7, 2005
PASSED THE SENATE SEPTEMBER 6, 2005
AMENDED IN SENATE SEPTEMBER 2, 2005
AMENDED IN SENATE AUGUST 30, 2005
AMENDED IN SENATE AUGUST 16, 2005
AMENDED IN SENATE JUNE 28, 2005
AMENDED IN SENATE JUNE 15, 2005
AMENDED IN ASSEMBLY APRIL 18, 2005
INTRODUCED BY Committee on Judiciary (Jones (Chair), Evans, Laird,
Levine, Lieber, and Montanez)
MARCH 2, 2005
An act to amend Section 6321 of the Business and Professions Code,
to amend Section 43.55 of the Civil Code, to amend Sections 116.230,
116.330, 116.340, 116.780, 128.7, 396b, 415.21, 425.115, 998,
1141.21, and 1540 of, and to repeal and add Section 116.725 of, the
Code of Civil Procedure, to amend Sections 811.9, 905, 910.4, 11135,
68085, 68085.1, 68085.4, 68086, 68086.1, 68090.8, 68511.3, 70601,
70626, 70640, 77207.5, and 77209 of, and to add Sections 905.7 and
68085.9 to, the Government Code, to amend Section 123.6 of the Labor
Code, to amend Section 1214.1 of the Penal Code, and to amend
Sections 16020 and 16058.1 of the Vehicle Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1742, Committee on Judiciary Courts.
(1) Under existing law, no liability or cause of action arises
against a peace officer making an arrest pursuant to a warrant of
arrest regular upon its face, if the peace officer acts without
malice and in reasonable belief that the person arrested is the one
referred to in the warrant.
This bill would provide that the term "warrant of arrest regular
upon its face" includes both a paper arrest warrant issued pursuant
to a judicial order and a judicial order entered into an automated
warrant system by authorized law enforcement or court personnel, as
specified.
(2) Existing law governs procedures in the small claims court.
These provisions set forth various time periods for scheduling cases
for hearing and specified methods for service of the claim and order
on a defendant. These provisions state that they may not be construed
to prevent a court from correcting a clerical error in a judgment or
setting aside and vacating a judgment on the ground of an incorrect
or erroneous legal basis for the decision.
This bill would provide that, when a claim is filed, the case
shall be scheduled for hearing no earlier than 20 days and not more
than 70 days from the date of the order, thereby eliminating the
various time periods. The bill would require that proof of service of
the claim and order be filed at least 5 days before the hearing. The
bill would authorize a party to make only one motion to correct a
clerical error or set aside and vacate a judgment and provide that a
party may have 30 days after the clerk mails notice of entry of
judgment to the parties to make that motion.
(3) Existing law requires, until January 1, 2006, that all
pleadings filed with a court be signed, except as specified, and that
the filing of any paper with a court certifies that specified
conditions have been satisfied. Existing law also specifies
sanctions for violation of these requirements.
This bill would delete the repeal date of January 1, 2006,
contained in these provisions and thereby extend indefinitely the
operation of these provisions.
(4) Existing law authorizes a court in a proceeding for
dissolution of marriage or legal separation and prior to the
determination of a motion for a change of venue, to consider and make
all necessary and proper orders in connection with motions for
allowance of temporary spousal support, support of children, and
counsel fees and costs.
This bill would revise that provision to additionally apply to
proceedings under the Uniform Parentage Act and to authorize the
court to consider and determine motions to determine custody of and
visitation with children in any of the proceedings to which the
provision applies prior to determining the motion for a change of
venue.
(5) Existing law requires a person to be granted access to a
staffed gated community for a reasonable time period for the purpose
of performing lawful service of process, as specified.
This bill would also authorize access to a staffed gated community
for the purpose of serving a subpoena.
(6) Existing law also governs offers by a party to compromise a
dispute that is to be resolved by trial or arbitration.
This bill would require a written offer to compromise to include a
statement of the offer and a provision that allows the accepting
party to indicate acceptance of the offer by signing a statement that
the offer is accepted, as specified. The bill would also require
that any acceptance of the offer, whether made on the document
containing the offer or on a separate document of acceptance, to be
in writing and signed by the accepting party or his or her counsel,
as specified.
(7) Existing law, the Unclaimed Property Law, governs the
disposition of unclaimed property, including the escheat of certain
property to the state. Those provisions set forth procedures whereby
a person may file a claim to the property or to the net proceeds from
its sale. Those provisions also specify the procedures for
transferring the property from the holder of the property to the
state and for administering the property. The Controller administers
property that has escheated to the state, and is required to adopt
guidelines and forms to provide specific instructions to assist
owners, as defined, in filing claims with the state.
This bill would further define "owner" for purposes of those
provisions to include a public administrator, as specified.
(8) Existing law sets forth the procedure for filing a claim
against a statewide public entity, as specified.
This bill would specify that these procedures also apply to claims
against a judicial branch entity, and would make a statement of
legislative intent in that regard.
(9) Existing law provides that no person in the state shall, on
the basis of race, national origin, ethnic group identification,
religion, age, sex, color, or disability, be unlawfully denied full
and equal access to the benefits of, or be unlawfully subjected to,
discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance
from the state.
This bill would clarify that those provisions apply to the
California State University, and would make a statement of
legislative intent in that regard.
(10) The Uniform Civil Fees and Standard Fee Schedule Act of 2005,
as of January 1, 2006, establishes a uniform schedule of filing fees
and other civil fees for the superior courts. Among other things,
the act generally increases the filing fees for civil actions and
proceedings, including, but not limited to, those fees related to
small claims court, motions, appeals, judgments, the filing of the
first paper in a civil action or proceeding in the superior court, in
a limited civil case, and in complex cases, and in family law and
probate matters, and fees for various certifications, recordings,
filings, and the authentication of documents. The act also authorizes
the court to charge a reasonable fee for videoconferencing,
providing services or products, if approved by the Judicial Council,
and handling funds held in trust for noncourt parties or entities.
The act provides that none of these civil fees may be changed before
January 1, 2008, except as specified.
This bill would make nonsubstantive technical changes to that act,
and would make conforming changes to related provisions. The bill
would also make related changes with regard to law library fees in
Los Angeles County, law library funds, the Administrative Office of
the Courts, court reporters, and the definition of "automated
administrative systems" in the context of the act.
(11) Certain changes made by this bill to Section 116.230 of the
Code of Civil Procedure and Section 68085.1 of the Government Code
would only become operative if AB 1459 or SB 422 is enacted and
becomes effective on or before January 1, 2006, and increases the
jurisdictional limit of the small claims court.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6321 of the Business and Professions Code, as
added by Section 7 of Chapter 75 of the Statutes of 2005, is amended
to read:
6321. (a) On and after January 1, 2006, as described in Section
68085.1 of the Government Code, the Administrative Office of the
Courts shall make monthly distributions from superior court filing
fees to the law library fund in each county in the amounts described
in this section and Section 6322.1. From each first paper filing fee
as provided under Section 70611, 70612, 70613, 70614, or 70670 of the
Government Code, each first paper or petition filing fee in a
probate matter as provided under Section 70650, 70651, 70652, 70653,
70654, 70655, 70656, or 70658 of the Government Code, Section 103470
of the Health and Safety Code, or Section 7660 of the Probate Code,
each filing fee for a small claim or limited civil case appeal as
provided under Section 116.760 of the Code of Civil Procedure or
Section 70621 of the Government Code, and each vehicle forfeiture
petition fee as provided under subdivision (e) of Section 14607.6 of
the Vehicle Code, that is collected in each of the following
counties, the amount indicated in this subdivision shall be paid to
the law library fund in that county:
Jurisdiction Amount
Alameda........................ $31.00
Alpine......................... 4.00
Amador......................... 20.00
Butte.......................... 29.00
Calaveras...................... 26.00
Colusa......................... 17.00
Contra Costa................... 29.00
Del Norte...................... 20.00
El Dorado...................... 26.00
Fresno......................... 31.00
Glenn.......................... 20.00
Humboldt....................... 40.00
Imperial....................... 20.00
Inyo........................... 20.00
Kern........................... 21.00
Kings.......................... 23.00
Lake........................... 23.00
Lassen......................... 25.00
Los Angeles.................... 18.00
Madera......................... 26.00
Marin.......................... 32.00
Mariposa....................... 27.00
Mendocino...................... 26.00
Merced......................... 23.00
Modoc.......................... 20.00
Mono........................... 20.00
Monterey....................... 25.00
Napa........................... 20.00
Nevada......................... 23.00
Orange......................... 29.00
Placer......................... 29.00
Plumas......................... 20.00
Riverside...................... 26.00
Sacramento..................... 44.00
San Benito..................... 20.00
San Bernardino................. 23.00
San Diego...................... 35.00
San Francisco.................. 36.00
San Joaquin.................... 23.00
San Luis Obispo................ 31.00
San Mateo...................... 32.50
Santa Barbara.................. 35.00
Santa Clara.................... 26.00
Santa Cruz..................... 29.00
Shasta......................... 20.00
Sierra......................... 20.00
Siskiyou....................... 26.00
Solano......................... 26.00
Sonoma......................... 29.00
Stanislaus..................... 18.00
Sutter......................... 7.00
Tehama......................... 20.00
Trinity........................ 20.00
Tulare......................... 29.00
Tuolumne....................... 20.00
Ventura........................ 26.00
Yolo........................... 29.00
Yuba........................... 7.00
(b) If a board of supervisors in any county acted before January
1, 2006, to increase the law library fee in that county effective
January 1, 2006, the amount distributed to the law library fund in
that county under subdivision (a) shall be increased by the amount
that the board of supervisors acted to increase the fee, up to three
dollars ($3). Notwithstanding subdivision (b) of Section 6322.1, as
it read on January 1, 2005, the maximum increase permitted under this
subdivision in Los Angeles County is three dollars ($3), rather than
two dollars ($2).
SEC. 2. Section 43.55 of the Civil Code is amended to read:
43.55. (a) There shall be no liability on the part of, and no
cause of action shall arise against, any peace officer who makes an
arrest pursuant to a warrant of arrest regular upon its face if the
peace officer in making the arrest acts without malice and in the
reasonable belief that the person arrested is the one referred to in
the warrant.
(b) As used in this section, a "warrant of arrest regular upon its
face" includes both of the following:
(1) A paper arrest warrant that has been issued pursuant to a
judicial order.
(2) A judicial order that is entered into an automated warrant
system by law enforcement or court personnel authorized to make those
entries at or near the time the judicial order is made.
SEC. 3. Section 116.230 of the Code of Civil Procedure, as added
by Section 19 of Chapter 75 of the Statutes of 2005, is amended to
read:
116.230. (a) In a small claims case, the clerk of the court shall
charge and collect only those fees authorized under this chapter.
(b) If the party filing a claim has filed 12 or fewer small claims
in the state within the previous 12 months, the filing fee is the
following:
(1) Thirty dollars ($30) if the amount of the demand is one
thousand five hundred dollars ($1,500) or less.
(2) Fifty dollars ($50) if the amount of the demand is more than
one thousand five hundred dollars ($1,500) but less than or equal to
five thousand dollars ($5,000).
(3) Seventy-five dollars ($75) if the amount of the demand is more
than five thousand dollars ($5,000).
(c) If the party has filed more than 12 other small claims in the
state within the previous 12 months, the filing fee is one hundred
dollars ($100).
(d) Each party filing a claim shall file a declaration with the
claim stating whether that party has filed more than 12 other small
claims in the state within the last 12 months.
(e) The clerk of the court shall deposit fees collected under this
section into a bank account established for this purpose by the
Administrative Office of the Courts and maintained under rules
adopted by or trial court financial policies and procedures
authorized by the Judicial Council under subdivision (a) of Section
77206 of the Government Code. The deposits shall be made as required
under Section 68085.1 of the Government Code and trial court
financial policies and procedures authorized by the Judicial Council.
(f) The Administrative Office of the Courts shall distribute six
dollars ($6) of each thirty-dollar ($30) fee, eight dollars ($8) of
each fifty-dollar ($50) fee, ten dollars ($10) of each
seventy-five-dollar ($75) fee, and fourteen dollars ($14) of each one
hundred-dollar ($100) fee collected under subdivision (b) or (c) to
a special account in the county in which the court is located to be
used for the small claims advisory services described in Section
116.940. The Administrative Office of the Courts shall also
distribute two dollars ($2) of each seventy-five-dollar ($75) fee
collected under subdivision (b) to the law library fund in the county
in which the court is located. Records of these moneys shall be
available for inspection by the public on request.
(g) The remainder of the fees collected under subdivisions (b) and
(c) shall be transmitted monthly to the Controller for deposit in
the Trial Court Trust Fund.
(h) This section and Section 116.940 shall not be applied in any
manner that results in a reduction of the level of services, or the
amount of funds allocated for providing the services described in
Section 116.940, that are in existence in each county during the
2004-05 fiscal year. Nothing in this section shall preclude the
county from procuring other funding to comply with the requirements
of Section 116.940.
SEC. 4. Section 116.330 of the Code of Civil Procedure is amended
to read:
116.330. (a) When a claim is filed, the clerk shall schedule the
case for hearing and shall issue an order directing the parties to
appear at the time set for the hearing with witnesses and documents
to prove their claim or defense. The case shall be scheduled for
hearing no earlier than 20 days but not more than 70 days from the
date of the order.
(b) In lieu of the method of setting the case for hearing
described in subdivision (a), at the time a claim is filed the clerk
may do all of the following:
(1) Cause a copy of the claim to be mailed to the defendant by any
form of mail providing for a return receipt.
(2) On receipt of proof that the claim was served as provided in
paragraph (1), issue an order scheduling the case for hearing in
accordance with subdivision (a) and directing the parties to appear
at the time set for the hearing with witnesses and documents to prove
their claim or defense.
(3) Cause a copy of the order setting the case for hearing and
directing the parties to appear, to be served upon the parties by any
form of mail providing for a return receipt.
SEC. 5. Section 116.340 of the Code of Civil Procedure is amended
to read:
116.340. (a) Service of the claim and order on the defendant may
be made by any one of the following methods:
(1) The clerk may cause a copy of the claim and order to be mailed
to the defendant by any form of mail providing for a return receipt.
(2) The plaintiff may cause a copy of the claim and order to be
delivered to the defendant in person.
(3) The plaintiff may cause service of a copy of the claim and
order to be made by substituted service as provided in subdivision
(a) or (b) of Section 415.20 without the need to attempt personal
service on the defendant. For these purposes, substituted service as
provided in subdivision (b) of Section 415.20 may be made at the
office of the sheriff or marshal who shall deliver a copy of the
claim and order to any person authorized by the defendant to receive
service, as provided in Section 416.90, who is at least 18 years of
age, and thereafter mailing a copy of the claim and order to the
defendant's usual mailing address.
(4) The clerk may cause a copy of the claim to be mailed, the
order to be issued, and a copy of the order to be mailed as provided
in subdivision (b) of Section 116.330.
(b) Service of the claim and order on the defendant shall be
completed at least 15 days before the hearing date if the defendant
resides within the county in which the action is filed, or at least
20 days before the hearing date if the defendant resides outside the
county in which the action is filed.
(c) Proof of service of the claim and order shall be filed with
the small claims court at least five days before the hearing.
(d) Service by the methods described in subdivision (a) shall be
deemed complete on the date that the defendant signs the mail return
receipt, on the date of the personal service, as provided in Section
415.20, or as established by other competent evidence, whichever
applies to the method of service used.
(e) Service shall be made within this state, except as provided in
subdivisions (f) and (g).
(f) The owner of record of real property in California who resides
in another state and who has no lawfully designated agent in
California for service of process may be served by any of the methods
described in this section if the claim relates to that property.
(g) A nonresident owner or operator of a motor vehicle involved in
an accident within this state may be served pursuant to the
provisions on constructive service in Sections 17450 to 17461,
inclusive, of the Vehicle Code without regard to whether the
defendant was a nonresident at the time of the accident or when the
claim was filed. Service shall be made by serving both the Director
of the California Department of Motor Vehicles and the defendant, and
may be made by any of the methods authorized by this chapter or by
registered mail as authorized by Section 17454 or 17455 of the
Vehicle Code.
(h) If an action is filed against a principal and his or her
guaranty or surety pursuant to a guarantor or suretyship agreement, a
reasonable attempt shall be made to complete service on the
principal. If service is not completed on the principal, the action
shall be transferred to the court of appropriate jurisdiction.
SEC. 6. Section 116.725 of the Code of Civil Procedure is
repealed.
SEC. 7. Section 116.725 is added to the Code of Civil Procedure,
to read:
116.725. (a) A motion to correct a clerical error in a judgment
or to set aside and vacate a judgment on the ground of an incorrect
or erroneous legal basis for the decision may be made as follows:
(1) By the court on its own motion at any time.
(2) By a party within 30 days after the clerk mails notice of
entry of judgment to the parties.
(b) Each party may file only one motion to correct a clerical
error or to set aside and vacate the judgment on the ground of an
incorrect or erroneous legal basis for the decision.
SEC. 8. Section 116.780 of the Code of Civil Procedure is amended
to read:
116.780. (a) The judgment of the superior court after a hearing
on appeal is final and not appealable.
(b) Article 6 (commencing with Section 116.610) on judgments of
the small claims court applies to judgments of the superior court
after a hearing on appeal, except as provided in subdivisions (c) and
(d).
(c) For good cause and where necessary to achieve substantial
justice between the parties, the superior court may award a party to
an appeal reimbursement of (1) attorney's fees actually and
reasonably incurred in connection with the appeal, not exceeding one
hundred fifty dollars ($150), and (2) actual loss of earnings and
expenses of transportation and lodging actually and reasonably
incurred in connection with the appeal, not exceeding one hundred
fifty dollars ($150).
SEC. 9. Section 128.7 of the Code of Civil Procedure is amended to
read:
128.7. (a) Every pleading, petition, written notice of motion, or
other similar paper shall be signed by at least one attorney of
record in the attorney's individual name, or, if the party is not
represented by an attorney, shall be signed by the party. Each paper
shall state the signer's address and telephone number, if any. Except
when otherwise provided by law, pleadings need not be verified or
accompanied by affidavit. An unsigned paper shall be stricken unless
omission of the signature is corrected promptly after being called to
the attention of the attorney or party.
(b) By presenting to the court, whether by signing, filing,
submitting, or later advocating, a pleading, petition, written notice
of motion, or other similar paper, an attorney or unrepresented
party is certifying that to the best of the person's knowledge,
information, and belief, formed after an inquiry reasonable under the
circumstances, all of the following conditions are met:
(1) It is not being presented primarily for an improper purpose,
such as to harass or to cause unnecessary delay or needless increase
in the cost of litigation.
(2) The claims, defenses, and other legal contentions therein are
warranted by existing law or by a nonfrivolous argument for the
extension, modification, or reversal of existing law or the
establishment of new law.
(3) The allegations and other factual contentions have evidentiary
support or, if specifically so identified, are likely to have
evidentiary support after a reasonable opportunity for further
investigation or discovery.
(4) The denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based on a
lack of information or belief.
(c) If, after notice and a reasonable opportunity to respond, the
court determines that subdivision (b) has been violated, the court
may, subject to the conditions stated below, impose an appropriate
sanction upon the attorneys, law firms, or parties that have violated
subdivision (b) or are responsible for the violation. In determining
what sanctions, if any, should be ordered, the court shall consider
whether a party seeking sanctions has exercised due diligence.
(1) A motion for sanctions under this section shall be made
separately from other motions or requests and shall describe the
specific conduct alleged to violate subdivision (b). Notice of motion
shall be served as provided in Section 1010, but shall not be filed
with or presented to the court unless, within 21 days after service
of the motion, or any other period as the court may prescribe, the
challenged paper, claim, defense, contention, allegation, or denial
is not withdrawn or appropriately corrected. If warranted, the court
may award to the party prevailing on the motion the reasonable
expenses and attorney's fees incurred in presenting or opposing the
motion. Absent exceptional circumstances, a law firm shall be held
jointly responsible for violations committed by its partners,
associates, and employees.
(2) On its own motion, the court may enter an order describing the
specific conduct that appears to violate subdivision (b) and
directing an attorney, law firm, or party to show cause why it has
not violated subdivision (b), unless, within 21 days of service of
the order to show cause, the challenged paper, claim, defense,
contention, allegation, or denial is withdrawn or appropriately
corrected.
(d) A sanction imposed for violation of subdivision (b) shall be
limited to what is sufficient to deter repetition of this conduct or
comparable conduct by others similarly situated. Subject to the
limitations in paragraphs (1) and (2), the sanction may consist of,
or include, directives of a nonmonetary nature, an order to pay a
penalty into court, or, if imposed on motion and warranted for
effective deterrence, an order directing payment to the movant of
some or all of the reasonable attorney's fees and other expenses
incurred as a direct result of the violation.
(1) Monetary sanctions may not be awarded against a represented
party for a violation of paragraph (2) of subdivision (b).
(2) Monetary sanctions may not be awarded on the court's motion
unless the court issues its order to show cause before a voluntary
dismissal or settlement of the claims made by or against the party
that is, or whose attorneys are, to be sanctioned.
(e) When imposing sanctions, the court shall describe the conduct
determined to constitute a violation of this section and explain the
basis for the sanction imposed.
(f) In addition to any award pursuant to this section for conduct
described in subdivision (b), the court may assess punitive damages
against the plaintiff upon a determination by the court that the
plaintiff's action was an action maintained by a person convicted of
a felony against the person's victim, or the victim's heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.
(g) This section shall not apply to disclosures and discovery
requests, responses, objections, and motions.
(h) A motion for sanctions brought by a party or a party's
attorney primarily for an improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of
litigation, shall itself be subject to a motion for sanctions. It is
the intent of the Legislature that courts shall vigorously use its
sanctions authority to deter that improper conduct or comparable
conduct by others similarly situated.
(i) This section shall apply to a complaint or petition filed on
or after January 1, 1995, and any other pleading, written notice of
motion, or other similar paper filed in that matter.
SEC. 10. Section 396b of the Code of Civil Procedure is amended to
read:
396b. (a) Except as otherwise provided in Section 396a, if an
action or proceeding is commenced in a court having jurisdiction of
the subject matter thereof, other than the court designated as the
proper court for the trial thereof, under this title, the action may,
notwithstanding, be tried in the court where commenced, unless the
defendant, at the time he or she answers, demurs, or moves to strike,
or, at his or her option, without answering, demurring, or moving to
strike and within the time otherwise allowed to respond to the
complaint, files with the clerk, a notice of motion for an order
transferring the action or proceeding to the proper court, together
with proof of service, upon the adverse party, of a copy of those
papers. Upon the hearing of the motion the court shall, if it appears
that the action or proceeding was not commenced in the proper court,
order the action or proceeding transferred to the proper court.
(b) In its discretion, the court may order the payment to the
prevailing party of reasonable expenses and attorney's fees incurred
in making or resisting the motion to transfer whether or not that
party is otherwise entitled to recover his or her costs of action. In
determining whether that order for expenses and fees shall be made,
the court shall take into consideration (1) whether an offer to
stipulate to change of venue was reasonably made and rejected, and
(2) whether the motion or selection of venue was made in good faith
given the facts and law the party making the motion or selecting the
venue knew or should have known. As between the party and his or her
attorney, those expenses and fees shall be the personal liability of
the attorney not chargeable to the party. Sanctions shall not be
imposed pursuant to this subdivision except on notice contained in a
party's papers, or on the court's own noticed motion, and after
opportunity to be heard.
(c) The court in a proceeding for dissolution of marriage or legal
separation or under the Uniform Parentage Act (Part 3 (commencing
with Section 7600) of Division 12 of the Family Code) may, prior to
the determination of the motion to transfer, consider and determine
motions for allowance of temporary spousal support, support of
children, and counsel fees and costs, and motions to determine
custody of and visitation with children, and may make all necessary
and proper orders in connection therewith.
(d) In any case, if an answer is filed, the court may consider
opposition to the motion to transfer, if any, and may retain the
action in the county where commenced if it appears that the
convenience of the witnesses or the ends of justice will thereby be
promoted.
(e) If the motion to transfer is denied, the court shall allow the
defendant time to move to strike, demur, or otherwise plead if the
defendant has not previously filed a response.
SEC. 11. Section 415.21 of the Code of Civil Procedure is amended
to read:
415.21. (a) Notwithstanding any other provision of law, any
person shall be granted access to a gated community for a reasonable
period of time for the purpose of performing lawful service of
process or service of a subpoena, upon identifying to the guard the
person or persons to be served, and upon displaying a current driver'
s license or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in
his or her capacity as a representative of a county sheriff or
marshal.
(2) Evidence of current registration as a process server pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code.
(b) This section shall only apply to a gated community that is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the community.
SEC. 12. Section 425.115 of the Code of Civil Procedure is amended
to read:
425.115. (a) As used in this section:
(1) "Complaint" includes a cross-complaint.
(2) "Plaintiff" includes a cross-complainant.
(3) "Defendant" includes a cross-defendant.
(b) The plaintiff preserves the right to seek punitive damages
pursuant to Section 3294 of the Civil Code on a default judgment by
serving upon the defendant the following statement, or its
substantial equivalent:
NOTICE TO _____________________________________:
(Insert name of defendant or cross-defendant)
_____________________ reserves the right to seek
(Insert name of plaintiff or cross-complainant)
$ __________________________ in punitive damages
(Insert dollar amount)
when ___________________ seeks a judgment in the
(Insert name of plaintiff or
cross-complainant)
suit filed against you.
_____________________________ ________________
(Insert name of attorney or
(Date)
party appearing in propria
persona)
(c) If the plaintiff seeks punitive damages pursuant to Section
3294 of the Civil Code, and if the defendant appears in the action,
the plaintiff shall not be limited to the amount set forth in the
statement served on the defendant pursuant to this section.
(d) A plaintiff who serves a statement on the defendant pursuant
to this section shall be deemed to have complied with Sections 425.10
and 580 of this code and Section 3295 of the Civil Code.
(e) The plaintiff may serve a statement upon the defendant
pursuant to this section, and may serve the statement as part of the
statement required by Section 425.11.
(f) The plaintiff shall serve the statement upon the defendant
pursuant to this section before a default may be taken, if the motion
for default judgment includes a request for punitive damages.
(g) The statement referred to in subdivision (b) shall be served
by one of the following methods:
(1) If the party has not appeared in the action, the statement
shall be served in the same manner as a summons pursuant to Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2
of the Code of Civil Procedure.
(2) If the party has appeared in the action, the statement shall
be served upon his or her attorney, or upon the party if he or she
has appeared without an attorney, either in the same manner as a
summons pursuant to Article 3 (commencing with Section 415.10) of
Chapter 4 or in the manner provided by Chapter 5 (commencing with
Section 1010) of Title 14.
SEC. 13. Section 998 of the Code of Civil Procedure is amended to
read:
998. (a) The costs allowed under Sections 1031 and 1032 shall be
withheld or augmented as provided in this section.
(b) Not less than 10 days prior to commencement of trial or
arbitration (as provided in Section 1281 or 1295) of a dispute to be
resolved by arbitration, any party may serve an offer in writing upon
any other party to the action to allow judgment to be taken or an
award to be entered in accordance with the terms and conditions
stated at that time. The written offer shall include a statement of
the offer, containing the terms and conditions of the judgment or
award, and a provision that allows the accepting party to indicate
acceptance of the offer by signing a statement that the offer is
accepted. Any acceptance of the offer, whether made on the document
containing the offer or on a separate document of acceptance, shall
be in writing and shall be signed by counsel for the accepting party
or, if not represented by counsel, by the accepting party.
(1) If the offer is accepted, the offer with proof of acceptance
shall be filed and the clerk or the judge shall enter judgment
accordingly. In the case of an arbitration, the offer with proof of
acceptance shall be filed with the arbitrator or arbitrators who
shall promptly render an award accordingly.
(2) If the offer is not accepted prior to trial or arbitration or
within 30 days after it is made, whichever occurs first, it shall be
deemed withdrawn, and cannot be given in evidence upon the trial or
arbitration.
(3) For purposes of this subdivision, a trial or arbitration shall
be deemed to be actually commenced at the beginning of the opening
statement of the plaintiff or counsel, and if there is no opening
statement, then at the time of the administering of the oath or
affirmation to the first witness, or the introduction of any
evidence.
(c) (1) If an offer made by a defendant is not accepted and the
plaintiff fails to obtain a more favorable judgment or award, the
plaintiff shall not recover his or her postoffer costs and shall pay
the defendant's costs from the time of the offer. In addition, in any
action or proceeding other than an eminent domain action, the court
or arbitrator, in its discretion, may require the plaintiff to pay a
reasonable sum to cover costs of the services of expert witnesses,
who are not regular employees of any party, actually incurred and
reasonably necessary in either, or both, preparation for trial or
arbitration, or during trial or arbitration, of the case by the
defendant.
(2) (A) In determining whether the plaintiff obtains a more
favorable judgment, the court or arbitrator shall exclude the
postoffer costs.
(B) It is the intent of the Legislature in enacting subparagraph
(A) to supersede the holding in Encinitas Plaza Real v. Knight, 209
Cal.App.3d 996, that attorney's fees awarded to the prevailing party
were not costs for purposes of this section but were part of the
judgment.
(d) If an offer made by a plaintiff is not accepted and the
defendant fails to obtain a more favorable judgment or award in any
action or proceeding other than an eminent domain action, the court
or arbitrator, in its discretion, may require the defendant to pay a
reasonable sum to cover postoffer costs of the services of expert
witnesses, who are not regular employees of any party, actually
incurred and reasonably necessary in either, or both, preparation for
trial or arbitration, or during trial or arbitration, of the case by
the plaintiff, in addition to plaintiff's costs.
(e) If an offer made by a defendant is not accepted and the
plaintiff fails to obtain a more favorable judgment or award, the
costs under this section, from the time of the offer, shall be
deducted from any damages awarded in favor of the plaintiff. If the
costs awarded under this section exceed the amount of the damages
awarded to the plaintiff the net amount shall be awarded to the
defendant and judgment or award shall be entered accordingly.
(f) Police officers shall be deemed to be expert witnesses for the
purposes of this section. For purposes of this section, "plaintiff"
includes a cross-complainant and "defendant" includes a
cross-defendant. Any judgment or award entered pursuant to this
section shall be deemed to be a compromise settlement.
(g) This chapter does not apply to either of the following:
(1) An offer that is made by a plaintiff in an eminent domain
action.
(2) Any enforcement action brought in the name of the people of
the State of California by the Attorney General, a district attorney,
or a city attorney, acting as a public prosecutor.
(h) The costs for services of expert witnesses for trial under
subdivisions (c) and (d) shall not exceed those specified in Section
68092.5 of the Government Code.
(i) This section shall not apply to labor arbitrations filed
pursuant to memoranda of understanding under the Ralph C. Dills Act
(Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1
of the Government Code).
SEC. 14. Section 1141.21 of the Code of Civil Procedure is amended
to read:
1141.21. (a) If the judgment upon the trial de novo is not more
favorable in either the amount of damages awarded or the type of
relief granted for the party electing the trial de novo than the
arbitration award, the court shall order that party to pay the
following nonrefundable costs and fees, unless the court finds in
writing and upon motion that the imposition of such costs and fees
would create such a substantial economic hardship as not to be in the
interest of justice:
(i) To the court, the compensation actually paid to the
arbitrator, less any amount paid pursuant to paragraph (iv).
(ii) To the other party or parties, all costs specified in Section
1033.5, and the party electing the trial de novo shall not recover
his or her costs.
(iii) To the other party or parties, the reasonable costs of the
services of expert witnesses, who are not regular employees of any
party, actually incurred or reasonably necessary in the preparation
or trial of the case.
(iv) To the other party or parties, the compensation paid by the
other party or parties to the arbitrator, pursuant to subdivision (b)
of Section 1141.28.
Such costs and fees, other than the compensation of the
arbitrator, shall include only those incurred from the time of
election of the trial de novo.
(b) If the party electing the trial de novo has proceeded in the
action in forma pauperis and has failed to obtain a more favorable
judgment, the costs and fees under paragraphs (ii) and (iii) of
subdivision (a) shall be imposed only as an offset against any
damages awarded in favor of that party.
(c) If the party electing the trial de novo has proceeded in the
action in forma pauperis and has failed to obtain a more favorable
judgment, the costs under paragraph (i) of subdivision (a) shall be
imposed only to the extent that there remains a sufficient amount in
the judgment after the amount offset under subdivision (b) has been
deducted from the judgment.
SEC. 15. Section 1540 of the Code of Civil Procedure is amended to
read:
1540. (a) Any person, excluding another state, who claims an
interest in property paid or delivered to the Controller under this
chapter may file a claim to the property or to the net proceeds from
its sale. The claim shall be on a form prescribed by the Controller
and shall be verified by the claimant.
(b) The Controller shall consider each claim within 180 days after
it is filed and may hold a hearing and receive evidence. The
Controller shall give written notice to the claimant if he or she
denies the claim in whole or in part. The notice may be given by
mailing it to the address, if any, stated in the claim as the address
to which notices are to be sent. If no address is stated in the
claim, the notice may be mailed to the address, if any, of the
claimant as stated in the claim. No notice of denial need be given if
the claim fails to state either an address to which notices are to
be sent or an address of the claimant.
(c) No interest shall be payable on any claim paid under this
chapter.
(d) For the purposes of this section, "owner" means the person who
had legal right to the property prior to its escheat, his or her
heirs, his or her legal representative, or a public administrator
acting pursuant to the authority granted in Sections 7660 and 7661 of
the Probate Code.
(e) Following a public hearing, the Controller shall adopt
guidelines and forms that shall provide specific instructions to
assist owners in filing claims pursuant to this article.
SEC. 16. Section 811.9 of the Government Code is amended to read:
811.9. (a) Notwithstanding any other provision of law, judges,
subordinate judicial officers, and court executive officers of the
superior courts are state officers for purposes of Part 1 (commencing
with Section 810) to Part 7 (commencing with Section 995),
inclusive, and trial court employees are employees of the trial court
for purposes of Part 1 (commencing with Section 810) to Part 7
(commencing with Section 995), inclusive. The Judicial Council shall
provide for representation, defense, and indemnification of those
individuals and the court pursuant to Part 1 (commencing with Section
810) to Part 7 (commencing with Section 995), inclusive. The
Judicial Council shall provide for that representation or defense
through the county counsel, the Attorney General, or other counsel.
The county counsel and the Attorney General may, but are not required
to, provide representation or defense for the Judicial Council. The
fact that a justice, judge, subordinate judicial officer, court
executive officer, court employee, the court, the Judicial Council,
or the Administrative Office of the Courts is or was represented or
defended by the county counsel, the Attorney General, or other
counsel shall not be the sole basis for a judicial determination of
disqualification of a justice, judge, subordinate judicial officer,
the county counsel, the Attorney General, or other counsel in
unrelated actions.
(b) To promote the cost-effective, prompt, and fair resolution of
actions, proceedings, and claims affecting the trial courts, the
Judicial Council shall adopt rules of court requiring the
Administrative Office of the Courts to manage actions, proceedings,
and claims that affect the trial courts and involve superior courts,
superior court judges, subordinate judicial officers, court executive
officers, or trial court employees in consultation with the affected
courts and individuals. The Administrative Office of the Courts'
management of these actions, proceedings, and claims shall include,
but not be limited to, case management and administrative
responsibilities such as selection of counsel and making strategic
and settlement decisions.
(c) Nothing in this section shall be construed to affect the
employment status of subordinate judicial officers, court executive
officers, and trial court employees related to any matters not
covered by subdivision (a).
SEC. 17. Section 905 of the Government Code is amended to read:
905. There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) of this part all claims for money or damages against local
public entities except:
(a) Claims under the Revenue and Taxation Code or other statute
prescribing procedures for the refund, rebate, exemption,
cancellation, amendment, modification or adjustment of any tax,
assessment, fee or charge or any portion thereof, or of any
penalties, costs or charges related thereto.
(b) Claims in connection with which the filing of a notice of
lien, statement of claim, or stop notice is required under any
provision of law relating to mechanics', laborers' or materialmen's
liens.
(c) Claims by public employees for fees, salaries, wages, mileage
or other expenses and allowances.
(d) Claims for which the workers' compensation authorized by
Division 4 (commencing with Section 3200) of the Labor Code is the
exclusive remedy.
(e) Applications or claims for any form of public assistance under
the Welfare and Institutions Code or other provisions of law
relating to public assistance programs, and claims for goods,
services, provisions or other assistance rendered for or on behalf of
any recipient of any form of public assistance.
(f) Applications or claims for money or benefits under any public
retirement or pension system.
(g) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(h) Claims that relate to a special assessment constituting a
specific lien against the property assessed and that are payable from
the proceeds of the assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
(i) Claims by the state or by a state department or agency or by
another local public entity or by a judicial branch entity.
(j) Claims arising under any provision of the Unemployment
Insurance Code, including but not limited to claims for money or
benefits, or for refunds or credits of employer or worker
contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
(k) Claims for the recovery of penalties or forfeitures made
pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of
Part 7 of Division 2 of the Labor Code.
(l) Claims governed by the Pedestrian Mall Law of 1960, Part 1
(commencing with Section 11000) of Division 13 of the Streets and
Highways Code.
SEC. 18. Section 905.7 is added to the Government Code, to read:
905.7. All claims against a judicial branch entity for money or
damages based upon an express contract or for an injury for which the
judicial branch entity is liable shall be presented in accordance
with Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of this part.
SEC. 19. Section 910.4 of the Government Code is amended to read:
910.4. The board shall provide forms specifying the information
to be contained in claims against the state or a judicial branch
entity. The person presenting a claim shall use the form in order
that his or her claim is deemed in conformity with Sections 910 and
910.2. A claim may be returned to the person if it was not presented
using the form. Any claim returned to a person may be resubmitted
using the appropriate form.
SEC. 20. Section 11135 of the Government Code is amended to read:
11135. (a) No person in the State of California shall, on the
basis of race, national origin, ethnic group identification,
religion, age, sex, color, or disability, be unlawfully denied full
and equal access to the benefits of, or be unlawfully subjected to
discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance
from the state. Notwithstanding Section 11000, this section applies
to the California State University.
(b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections
and prohibitions, the programs and activities subject to subdivision
(a) shall be subject to the stronger protections and prohibitions.
(c) (1) As used in this section, "disability" means any mental or
physical disability as defined in Section 12926.
(2) The Legislature finds and declares that the amendments made to
this act are declarative of existing law. The Legislature further
finds and declares that in enacting Senate Bill 105 of the 2001-02
Regular Session (Chapter 1102 of the Statutes of 2002), it was the
intention of the Legislature to apply subdivision (d) to the
California State University in the same manner that subdivisions (a),
(b), and (c) of this section already applied to the California State
University, notwithstanding Section 11000. In clarifying that the
California State University is subject to paragraph (2) of
subdivision (d), it is not the intention of the Legislature to
increase the cost of developing or procuring electronic and
information technology. The California State University shall,
however, in determining the cost of developing or procuring
electronic or information technology, consider whether technology
that meets the standards applicable pursuant to paragraph (2) of
subdivision (d) will reduce the long-term cost incurred by the
California State University in providing access or accommodations to
future users of this technology who are persons with disabilities, as
required by existing law, including this section, Title II of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 and
following), and Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. Sec. 794).
(d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
(2) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard-of-hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
Sec. 794d), and regulations implementing that act as set forth in
Part 1194 of Title 36 of the Federal Code of Regulations.
(3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of its
products or services that is brought to the attention of the entity.
SEC. 21. Section 68085 of the Government Code, as amended by
Section 101 of Chapter 75 of the Statutes of 2005, is amended to
read:
68085. (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned at least quarterly
for the purpose of funding trial court operations, as defined in
Section 77003. Apportionment payments may not exceed 30 percent of
the total annual apportionment to the Trial Court Trust Fund for
state trial court funding in any 90-day period.
(2) The apportionment payments shall be made by the Controller.
The final payment from the Trial Court Trust Fund for each fiscal
year shall be made on or before August 31 of the subsequent fiscal
year.
(3) If apportionment payments are made on a quarterly basis, the
payments shall be on July 15, October 15, January 15, and April 15.
In addition to quarterly payments, a final payment from the Trial
Court Trust Fund for each fiscal year may be made on or before August
31 of the subsequent fiscal year.
(4) Notwithstanding any other provision of law, in order to
promote statewide efficiency, the Judicial Council may authorize the
direct payment or reimbursement or both of actual costs from the
Trial Court Trust Fund or the Trial Court Improvement Fund to fund
administrative infrastructure within the Administrative Office of the
Courts, such as legal services, financial services, information
systems services, human resource services, and support services, for
one or more participating courts upon appropriation of funding for
these purposes in the annual Budget Act. The amount of appropriations
from the Trial Court Improvement Fund under this subdivision may not
exceed 20 percent of the amount deposited in the Trial Court
Improvement Fund pursuant to subdivision (a) of Section 77205. Upon
prior written approval of the Director of Finance, the Judicial
Council may also authorize an increase in any reimbursements or
direct payments in excess of the amount appropriated in the annual
Budget Act. For any increases in reimbursements or direct payments
within the fiscal year that exceed two hundred thousand dollars
($200,000), the Director of Finance shall provide notification in
writing of any approval granted under this section, not less than 30
days prior to the effective date of that approval, to the chairperson
of the committee in each house of the Legislature that considers
appropriations, the chairpersons of the committees and the
appropriate subcommittees in each house of the Legislature that
consider the annual Budget Act, and the Chairperson of the Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the Chairperson of the Joint Legislative Budget Committee, or his or
her designee, may in each instance, determine. The direct payment or
reimbursement of costs from the Trial Court Trust Fund may be
supported by the reduction of a participating court's allocation from
the Trial Court Trust Fund to the extent that the court's
expenditures for the program are reduced and the court is supported
by the program. The Judicial Council shall provide the affected trial
courts with quarterly reports on expenditures from the Trial Court
Trust Fund incurred as authorized by this subdivision. The Judicial
Council shall establish procedures to provide for the administration
of this paragraph in a way that promotes the effective, efficient,
reliable, and accountable operation of the trial courts.
(b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted monthly to the
Controller for deposit in the Trial Court Trust Fund.
(c) (1) Except as specified in subdivision (d), this section
applies to all fees collected on or before December 31, 2005,
pursuant to Sections 631.3, 116.230, and 403.060 of the Code of Civil
Procedure and Sections 26820.4, 26823, 26826, 26826.01, 26827,
26827.4, 26830, 26832.1, 26833.1, 26835.1, 26836.1, 26837.1, 26838,
26850.1, 26851.1, 26852.1, 26853.1, 26855.4, 26862, 68086, 72055,
72056, 72056.01, and 72060.
(2) Notwithstanding any other provision of law, except as
specified in subdivision (d) of this section and subdivision (a) of
Section 68085.7, this section applies to all fees and fines collected
on or before December 31, 2005, pursuant to Sections 116.390,
116.570, 116.760, 116.860, 177.5, 491.150, 704.750, 708.160, 724.100,
1134, 1161.2, and 1218 of the Code of Civil Procedure, Sections
26824, 26828, 26829, 26834, and 72059 of the Government Code, and
subdivisions (b) and (c) of Section 166 and Section 1214.1 of the
Penal Code.
(3) If any of the fees provided for in this subdivision are
partially waived by court order, and the fee is to be divided between
the Trial Court Trust Fund and any other fund, the amount of the
partial waiver shall be deducted from the amount to be distributed to
each fund in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
that is allocated for dispute resolution pursuant to Section 470.3 of
the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238. This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
(e) This section applies to all payments required to be made to
the State Treasury by any county or city and county pursuant to
Section 77201, 77201.1, or 77205.
(f) Notwithstanding any other provision of law, no agency may take
action to change the amounts allocated to any of the funds described
in subdivision (a), (b), (c), or (d).
(g) The Judicial Council shall reimburse the Controller for the
actual administrative costs that will be incurred under this section.
Costs reimbursed under this section shall be determined on an annual
basis in consultation with the Judicial Council.
(h) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the Controller no later than 45 days after the end of the month in
which the fees were collected. This remittance shall be accompanied
by a remittance advice identifying the collection month and the
appropriate account in the Trial Court Trust Fund to which it is to
be deposited. Any remittance that is not made by the county or city
and county in accordance with this section shall be considered
delinquent, and subject to the penalties specified in this section.
(i) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 1 1/2 percent per month for the
number of days the payment is delinquent. Notwithstanding Section
77009, any penalty on a delinquent payment that a court is required
to reimburse to a county's general fund pursuant to this section and
Section 24353 shall be paid from the Trial Court Operations Fund for
that court.
(j) Penalty amounts calculated pursuant to subdivision (i) shall
be paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
(k) The Trial Court Trust Fund shall be invested in the Surplus
Money Investment Fund and all interest earned shall be allocated to
the Trial Court Trust Fund quarterly and shall be allocated among the
courts in accordance with the requirements of subdivision (a). The
specific allocations shall be specified
by the Judicial Council.
(l) It is the intent of the Legislature that the revenues required
to be deposited into the Trial Court Trust Fund be remitted as soon
after collection by the courts as possible.
(m) Except for subdivisions (a) and (k), this section does not
apply to fees and fines that are listed in subdivision (a) of Section
68085.1 that are collected on or after January 1, 2006.
SEC. 22. Section 68085.1 of the Government Code is amended to
read:
68085.1. (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, and 1218 of, subdivision (g)
of Section 411.20 and subdivisions (c) and (g) of Section 411.21 of,
and Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part
1 of, the Code of Civil Procedure.
(2) Section 31622 of the Food and Agricultural Code.
(3) Sections 68086 and 68086.1, subdivision (d) of Section
68511.3, Sections 68926.1 and 69953.5, and Chapter 5.8 (commencing
with Section 70600).
(4) Section 103470 of the Health and Safety Code.
(5) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
(6) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.
(7) Sections 14607.6, 16373, and 40230 of the Vehicle Code.
(8) Section 71386 of this code and Section 1513.1 of the Probate
Code, if the reimbursement is for expenses incurred by the court.
(b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under the
sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted by,
and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days after
the end of the month in which the fees and fines are collected, each
court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by categories as specified by the
Administrative Office of the Courts. The fees and fines listed in
subdivision (a) shall be distributed as provided in this section.
(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
(C) To the county law library funds, as described in Section
116.760 of the Code of Civil Procedure, subdivision (b) of Section
68085.3, subdivision (b) of Section 68085.4, and Section 70621 of
this code, and Section 14607.6 of the Vehicle Code.
(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
(1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
(3) Into the Family Law Trust Fund, as described in Section 70674.
(4) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, subdivision (d) of
Section 68511.3 and Sections 68926.1, 69953.5, 70627, 70631, 70640,
70661, 70678, and 71386 of this code, and Sections 1513.1, 1835,
1851.5, and 2343 of the Probate Code, shall be added to the monthly
apportionment for that court under subdivision (a) of Section 68085.
(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee.
(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, no agency may take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund.
(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
SEC. 23. Section 68085.1 of the Government Code is amended to
read:
68085.1. (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, and 1218 of, subdivision (g)
of Section 411.20 and subdivisions (c) and (g) of Section 411.21 of,
and Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part
1 of, the Code of Civil Procedure.
(2) Section 31622 of the Food and Agricultural Code.
(3) Sections 68086 and 68086.1, subdivision (d) of Section
68511.3, Sections 68926.1 and 69953.5, and Chapter 5.8 (commencing
with Section 70600).
(4) Section 103470 of the Health and Safety Code.
(5) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
(6) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.
(7) Sections 14607.6, 16373, and 40230 of the Vehicle Code.
(8) Section 71386 of this code and Section 1513.1 of the Probate
Code, if the reimbursement is for expenses incurred by the court.
(b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under the
sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted by,
and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days after
the end of the month in which the fees and fines are collected, each
court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by categories as specified by the
Administrative Office of the Courts. The fees and fines listed in
subdivision (a) shall be distributed as provided in this section.
(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
(C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision (b)
of Section 68085.3, subdivision (b) of Section 68085.4, and Section
70621 of this code, and Section 14607.6 of the Vehicle Code.
(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
(1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
(3) Into the Family Law Trust Fund, as described in Section 70674.
(4) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, subdivision (d) of
Section 68511.3 and Sections 68926.1, 69953.5, 70627, 70631, 70640,
70661, 70678, and 71386 of this code, and Sections 1513.1, 1835,
1851.5, and 2343 of the Probate Code, shall be added to the monthly
apportionment for that court under subdivision (a) of Section 68085.
(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee.
(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, no agency may take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund.
(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
SEC. 24. Section 68085.4 of the Government Code is amended to
read:
68085.4. (a) Fees collected under Sections 70613, 70614, 70654,
70656, and 70658 of this code, Section 103470 of the Health and
Safety Code, and Section 7660 of the Probate Code, shall be deposited
in a bank account established by the Administrative Office of the
Courts for deposit of fees collected by the courts.
(b) For each three hundred-dollar ($300) fee and each one hundred
eighty-dollar ($180) fee listed in subdivision (a), the
Administrative Office of the Courts shall distribute specified
amounts in each county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each three
hundred-dollar ($300) fee and each one hundred eighty-dollar ($180)
fee listed in subdivision (a), the Controller shall make deposits as
follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
twenty-five dollars ($25) if the fee is three hundred dollars ($300),
and twenty dollars ($20) if the fee is one hundred eighty dollars
($180).
(2) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(3) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(4) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 25. Section 68085.9 is added to the Government Code, to read:
68085.9. Notwithstanding any other provision of law requiring a
trial court or officer of a trial court to deposit money received by
the court or officer into the county treasury or with the county
treasurer, including, but not limited to, Sections 24353, 68085,
68085.5, and 68101 of this code and Section 1463.001 of the Penal
Code, the court or officer, with the consent of the county and the
Administrative Director of the Courts, may deposit all money required
to be deposited into the county treasury or with the county
treasurer into a bank account established by the Administrative
Office of the Courts separate from the county treasury. Money
collected pursuant to Section 68085.1 shall be deposited as provided
in that section. The Judicial Council, with the consent of the
county, may require the court and officer to deposit money into a
bank account established by the Administrative Office of the Courts
separate from the county treasury.
SEC. 26. Section 68086 of the Government Code, as amended by
Section 106 of Chapter 75 of the Statutes of 2005, is amended to
read:
68086. (a) The following provisions apply in superior court:
(1) In addition to any other fee required in civil actions or
cases, for each proceeding lasting more than one hour, a fee equal to
the actual cost of providing that service shall be charged per
one-half day of services to the parties, on a pro rata basis, for the
services of an official court reporter on the first and each
succeeding judicial day those services are provided pursuant to
Section 269 of the Code of Civil Procedure.
(2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court as specified by the court, but not later
than the conclusion of each day's court session.
(3) For purposes of this section, "one-half day" means any period
of judicial time, in excess of one hour but not more than four hours,
during either the morning or afternoon court session.
(4) The costs for the services of the official court reporter
shall be recoverable as taxable costs by the prevailing party as
otherwise provided by law.
(5) The Judicial Council shall adopt rules to ensure all of the
following:
(A) That parties are given adequate and timely notice of the
availability of an official court reporter.
(B) That if an official court reporter is not available, a party
may arrange for the presence of a certified shorthand reporter to
serve as an official pro tempore reporter, the costs therefore
recoverable as provided in paragraph (4).
(C) That if the services of an official pro tempore reporter are
utilized pursuant to subparagraph (B), no other charge will be made
to the parties.
(b) The fees collected pursuant to this section shall be used only
to pay the cost for services of an official court reporter in civil
proceedings.
(c) The Judicial Council shall report on or before February 1 of
each year to the Joint Legislative Budget Committee on the fees
collected by courts pursuant to this section and Section 68086.1, and
the total amount spent for services of official court reporters in
civil proceedings statewide in the prior fiscal year.
SEC. 27. Section 68086.1 of the Government Code is amended to
read:
68086.1. (a) Commencing January 1, 2006, for each three hundred
twenty-dollar ($320) fee collected under Section 70611, 70612, or
70670, twenty-five dollars ($25) of the amount distributed to the
Trial Court Trust Fund shall be used for services of an official
court reporter in civil proceedings.
(b) Commencing January 1, 2006, for each three hundred-dollar
($300) fee collected under subdivision (a) of Section 70613 or
subdivision (a) of Section 70614, twenty-five dollars ($25) of the
amount distributed to the Trial Court Trust Fund shall be used for
services of an official court reporter in civil proceedings.
(c) It is the intent of the Legislature, in approving the
twenty-five-dollar ($25) distribution out of each filing fee listed
in subdivisions (a) and (b), to continue an incentive to courts to
use the services of an official court reporter in civil proceedings.
However, nothing in this section shall affect the Judicial Council's
authority to allocate these revenues to replace reductions in the
General Fund appropriation to the Trial Court Trust Fund.
(d) The portion of the distribution to the Trial Court Trust Fund
to be used for services of an official court reporter in civil
proceedings pursuant to subdivisions (a) and (b) shall be used only
in trial courts that utilize the services of an official court
reporter in civil proceedings.
SEC. 28. Section 68090.8 of the Government Code, as amended by
Section 111 of Chapter 75 of the Statutes of 2005, is amended to
read:
68090.8. (a) (1) The Legislature finds that the management of
civil and criminal cases, including traffic cases, and the accounting
for funds in the trial courts requires these courts to implement
appropriate levels of administrative automation.
(2) The purpose of this section is to make a fund available for
the development of automated administrative systems, including
automated accounting, automated data collection through case
management systems, and automated case-processing systems for the
trial courts, together with funds to train operating personnel, and
for the maintenance and enhancement of the systems. As used in this
paragraph, "automated administrative systems" does not include
electronic reporting systems for use in a courtroom.
(3) Automated data collection shall provide the foundation for
planning, research, and evaluation programs that are generated from
within and outside of the judicial branch. This system shall be a
resource to the courts, the Judicial Council and its committees, the
Administrative Office of the Courts, the Legislature, the Governor,
and the public. During the developmental stage and prior to the
implementation of the system, the Legislature shall make
recommendations to the Judicial Council as to the breadth and level
of detail of the data to be collected.
(b) Prior to making any other required distribution, the county
treasurer shall transmit 2 percent of all fines, penalties, and
forfeitures collected in criminal cases, including, but not limited
to, moneys collected pursuant to Chapter 12 (commencing with Section
76000) of Title 8 of this code, Section 13003 of the Fish and Game
Code, Section 11502 of the Health and Safety Code, and Chapter 1
(commencing with Section 1427) of Title 11 of Part 2 of the Penal
Code, into the Trial Court Improvement Fund established pursuant to
Section 77209, to be used exclusively to pay the costs of automated
systems for the trial courts, as described in paragraph (2) of
subdivision (a). These systems shall meet Judicial Council
performance standards, including production of reports as needed by
the state, the counties, and local governmental entities.
SEC. 29. Section 68511.3 of the Government Code, as amended by
Section 113 of Chapter 75 of the Statutes of 2005, is amended to
read:
68511.3. (a) The Judicial Council shall formulate and adopt
uniform forms and rules of court for litigants proceeding in forma
pauperis. These rules shall provide for all of the following:
(1) Standard procedures for considering and determining
applications for permission to proceed in forma pauperis, including,
in the event of a denial of permission, a written statement detailing
the reasons for denial and an evidentiary hearing where there is a
substantial evidentiary conflict.
(2) Standard procedures to toll relevant time limitations when a
pleading or other paper accompanied by the application is timely
lodged with the court and delay is caused due to the processing of
the application to proceed in forma pauperis.
(3) Proceeding in forma pauperis at every stage of the proceedings
at both the appellate and trial levels of the court system.
(4) The confidentiality of the financial information provided to
the court by these litigants.
(5) That the court may authorize the clerk of the court, county
financial officer, or other appropriate county officer to make
reasonable efforts to verify the litigant's financial condition
without compromising the confidentiality of the application.
(6) That permission to proceed in forma pauperis be granted to all
of the following:
(A) Litigants who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental Payments
(SSP) programs (Sections 12200 to 12205, inclusive, of the Welfare
and Institutions Code), the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code), the Food Stamp Program (7 U.S.C. Sec. 2011 et
seq.), or Section 17000 of the Welfare and Institutions Code.
(B) Litigants whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of
Health and Human Services pursuant to the Omnibus Budget
Reconciliation Act of 1981, as amended.
(C) Other persons when in the court's discretion, this permission
is appropriate because the litigant is unable to proceed without
using money which is necessary for the use of the litigant or the
litigant's family to provide for the common necessaries of life.
(b) (1) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (A) of paragraph (6) of subdivision
(a) shall declare under penalty of perjury that they are receiving
the benefits and may
voluntarily provide the court with their date of birth and social
security number or their Medi-Cal identification number to permit the
court to verify the applicant's receipt of public assistance. The
court may require any applicant, except a defendant in an unlawful
detainer action, who chooses not to disclose his or her social
security number for verification purposes to attach to the
application documentation of benefits to support the claim and all
other financial information on a form promulgated by the Judicial
Council for this purpose.
(2) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (B) or (C) of paragraph (6) of
subdivision (a) shall file a financial statement under oath on a form
promulgated by, and pursuant to rules adopted by, the Judicial
Council.
(c) The forms and rules adopted by the Judicial Council shall
provide for the disclosure of the following information about the
litigant:
(1) Current street address.
(2) Occupation and employer.
(3) Monthly income and expenses.
(4) Address and value of any real property owned directly or
beneficially.
(5) Personal property with a value that exceeds five hundred
dollars ($500).
The information furnished by the litigant shall be used by the
court in determining his or her ability to pay all or a portion of
the fees and costs.
(d) At any time after the court has granted a litigant permission
to proceed in forma pauperis and prior to final disposition of the
case, the clerk of the court, county financial officer, or other
appropriate county officer may notify the court of any changed
financial circumstances which may enable the litigant to pay all or a
portion of the fees and costs which had been waived. The court may
authorize the clerk of the court, county financial officer, or other
appropriate county officer to require the litigant to appear before
and be examined by the person authorized to ascertain the validity of
their indigent status. However, no litigant shall be required to
appear more than once in any four-month period. A litigant proceeding
in forma pauperis shall notify the court within five days of any
settlement or monetary consideration received in settlement of this
litigation and of any other change in financial circumstances that
affects the litigant's ability to pay court fees and costs. After the
litigant either (1) appears before and is examined by the person
authorized to ascertain the validity of his or her indigent status or
(2) notifies the court of a change in financial circumstances, the
court may then order the litigant to pay to the court the sum and in
any manner the court believes is compatible with the litigant's
financial ability.
In any action or proceeding in which the litigant whose fees and
costs have been waived would have been entitled to recover those fees
and costs from another party to the action or proceeding had they
been paid, the court may assess the amount of the waived fees and
costs against the other party and order the other party to pay that
sum to the court or to the clerk and serving and levying officers
respectively, or the court may order the amount of the waived fees
and costs added to the judgment and so identified by the clerk.
Execution may be issued on any order provided for in this
subdivision in the same manner as on a judgment in a civil action.
When an amount equal to the sum due and payable to the clerk has been
collected upon the judgment, these amounts shall be remitted to the
clerk within 30 days. Thereafter, when an amount equal to the sum due
to the serving and levying officers has been collected upon the
judgment, these amounts shall be due and payable to those officers
and shall be remitted within 30 days. If the remittance is not
received by the clerk within 30 days or there is a filing of a
partial satisfaction of judgment in an amount at least equal to the
fees and costs payable to the clerk or a satisfaction of judgment has
been filed, notwithstanding any other provision of law, the court
may issue an abstract of judgment, writ of execution, or both for
recovery of those sums, plus the fees for issuance and execution and
an additional fee for administering this section. The court shall
establish a fee, not to exceed actual costs of administering this
subdivision and in no case exceeding twenty-five dollars ($25), which
shall be added to the writ of execution.
(e) Notwithstanding subdivision (a), a person who is sentenced to
imprisonment in a state prison or confined in a county jail and,
during the period of imprisonment or confinement, files a civil
action or notice of appeal of a civil action in forma pauperis shall
be required to pay the full amount of the filing fee to the extent
provided in this subdivision.
(1) In addition to the form required by this section for filing in
forma pauperis, an inmate shall file a copy of a statement of
account for any sums due to the inmate for the six-month period
immediately preceding the filing of the civil action or notice of
appeal of a civil action. This copy shall be certified by the
appropriate official of the Department of Corrections or a county
jail.
(2) Upon filing the civil action or notice of appeal of a civil
action, the court shall assess, and when funds exist, collect, as a
partial payment of any required court fees, an initial partial filing
fee of 20 percent of the greater of one of the following:
(A) The average monthly deposits to the inmate's account.
(B) The average monthly balance in the inmate's account for the
six-month period immediately preceding the filing of the civil action
or notice of appeal.
(3) After payment of the initial partial filing fee, the inmate
shall be required to make monthly payments of 20 percent of the
preceding month's income credited to the inmate's account. The
Department of Corrections shall forward payments from this account to
the clerk of the court each time the amount in the account exceeds
ten dollars ($10) until the filing fees are paid.
(4) In no event shall the filing fee collected pursuant to this
subdivision exceed the amount of fees permitted by law for the
commencement of a civil action or an appeal of a civil action.
(5) In no event shall an inmate be prohibited from bringing a
civil action or appeal of a civil action solely because the inmate
has no assets and no means to pay the initial partial filing fee.
SEC. 30. Section 70601 of the Government Code is amended to read:
70601. (a) It is the intent of the Legislature to establish a
moratorium on increases in filing fees until January 1, 2008. No fee
provided for in this chapter may be changed before January 1, 2008,
except as may be required by the following:
(1) Legislative implementation of recommendations of the Task
Force on County Law Libraries.
(2) Legislative implementation of recommendations for changes to
the graduated filing fee for petitions in probate proceedings under
subdivision (a) of Section 70650.
(b) The Judicial Council shall establish a Task Force on Civil
Fees, including, but not limited to, representatives from the trial
courts, the counties, the county law libraries, and the State Bar. On
or before February 1, 2007, the task force shall make
recommendations to the Judicial Council and the Legislature on the
following:
(1) The effectiveness of the uniform fee structure, any
operational or revenue problems, and how to address these issues.
(2) Whether a fee differential should be implemented based on the
number of cases a party files in a year.
(3) A process to adjust fees in the future to accommodate
inflation and other factors affecting operating costs for trial
courts, county law libraries, and county programs that rely on court
fees.
SEC. 31. Section 70626 of the Government Code is amended to read:
70626. (a) The fee for each of the following services is fifteen
dollars ($15). Amounts collected shall be distributed to the Trial
Court Trust Fund under Section 68085.1.
(1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of
prohibition, or any other writ for the enforcement of any order or
judgment.
(2) Issuing an abstract of judgment.
(3) Issuing a certificate of satisfaction of judgment under
Section 724.100 of the Code of Civil Procedure.
(4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.
(5) Taking an affidavit, except in criminal cases or adoption
proceedings.
(6) Acknowledgment of any deed or other instrument, including the
certificate.
(7) Recording or registering any license or certificate, or
issuing any certificate in connection with a license, required by
law, for which a charge is not otherwise prescribed.
(8) Issuing any certificate for which the fee is not otherwise
fixed.
(b) The fee for each of the following services is twenty dollars
($20). Amounts collected shall be distributed to the Trial Court
Trust Fund under Section 68085.1.
(1) Issuing an order of sale.
(2) Receiving and filing an abstract of judgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160 of
the Code of Civil Procedure.
(3) Filing a confession of judgment under Section 1134 of the Code
of Civil Procedure.
(4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.
(5) Issuing a commission to take a deposition in another state or
place under Section 2026.010 of the Code of Civil Procedure.
(6) Filing and entering an award under the Workers' Compensation
Law (Division 4 (commencing with Section 3200) of the Labor Code).
(7) Filing an affidavit of publication of notice of dissolution of
partnership.
(8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food and
Agricultural Code.
(9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.
(10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment.
SEC. 32. Section 70640 of the Government Code is amended to read:
70640. (a) It is the policy of the state that each court shall
endeavor to provide a children's waiting room in each courthouse for
children whose parents or guardians are attending a court hearing as
a litigant, witness, or for other court purposes as determined by the
court. To defray that expense, monthly allocations for children's
waiting rooms shall be added to the monthly apportionment under
subdivision (a) of Section 68085 for each court where a children's
waiting room has been established or where the court has elected to
establish such a service.
(b) The amount allocated to each court under this section shall be
equal to the following: for each first paper filing fee as provided
under Section 70611, 70612, 70613, 70614, or 70670, and each first
paper or petition filing fee in a probate matter as provided under
Section 70650, 70651, 70652, 70653, 70654, 70655, 70656, or 70658,
the same amount as was required to be collected as of December 31,
2005, to the Children's Waiting Room Fund under former Section
26826.3 in the county in which the court is located when a fee was
collected for the filing of a first paper in a civil action under
former Section 26820.4.
(c) Notwithstanding any other provision of law, the court may make
expenditures from these allocations in payment of any cost,
excluding capital outlay, related to the establishment and
maintenance of the children's waiting room, including personnel,
heat, light, telephone, security, rental of space, furnishings, toys,
books, or any other item in connection with the operation of a
children's waiting room.
(d) If, as of January 1, 2006, there is a Children's Waiting Room
Fund in the county treasury established under former Section 26826.3,
the county immediately shall transfer the moneys in that fund to the
court's operations fund as a restricted fund. By February 15, 2006,
the county shall provide an accounting of the fund to the
Administrative Office of the Courts.
(e) After January 1, 2006, the court may apply to the Judicial
Council for an adjustment of the amount distributed to the fund for
each uniform filing fee. A court that wishes to establish a children'
s waiting room, and does not yet have a distribution under this
section, may apply to the Judicial Council for such a distribution.
Applications under this subdivision shall be made according to trial
court financial policies and procedures authorized by the Judicial
Council under subdivision (a) of Section 77206. Adjustments and new
distributions shall be effective January 1 or July 1 of any year
beginning January 1, 2006.
(f) The distribution to a court under this section per each filing
fee shall be not less than two dollars ($2) and not more than five
dollars ($5).
SEC. 33. Section 77207.5 of the Government Code is amended to
read:
77207.5. (a) The Judicial Council shall make monthly allocations
to the trial courts from the Trial Court Trust Fund for automated
administrative systems as provided in this section. These funds shall
be used for the development and implementation of automated systems
as described in subdivision (a) of Section 68090.8. As used in this
subdivision, "automated administrative systems" does not include
electronic reporting systems for use in a courtroom.
(b) The amount allocated annually to each trial court shall be the
amount stated in this subdivision, which is based on the revenue
collected in the local 2 percent automation funds in the 1994-95
fiscal year. The amounts are as follows:
Jurisdiction Amount
Alameda...................... $424,792
Alpine....................... 2,034
Amador....................... 11,006
Butte........................ 59,332
Calaveras.................... 18,652
Colusa....................... 13,708
Contra Costa................. 218,186
Del Norte.................... 11,208
El Dorado.................... 54,374
Fresno....................... 181,080
Glenn........................ 19,264
Humboldt..................... 48,160
Imperial..................... 67,678
Inyo......................... 30,402
Kern......................... 277,328
Kings........................ 57,026
Lake......................... 20,328
Lassen....................... 20,156
Los Angeles.................. 3,144,530
Madera....................... 52,502
Marin........................ 114,766
Mariposa..................... 3,904
Mendocino.................... 30,068
Merced....................... 55,652
Modoc........................ 6,134
Mono......................... 12,446
Monterey..................... 183,464
Napa......................... 30,550
Nevada....................... 49,946
Orange....................... 923,882
Placer....................... 77,378
Plumas....................... 9,206
Riverside.................... 532,226
Sacramento................... 340,254
San Benito................... 14,700
San Bernardino............... 435,474
San Diego.................... 718,442
San Francisco................ 272,528
San Joaquin.................. 201,698
San Luis Obispo.............. 130,020
San Mateo.................... 329,518
Santa Barbara................ 162,858
Santa Clara.................. 452,782
Santa Cruz................... 113,210
Shasta....................... 44,394
Sierra....................... 1,830
Siskiyou..................... 37,000
Solano....................... 119,364
Sonoma....................... 119,004
Stanislaus................... 88,718
Sutter....................... 37,382
Tehama....................... 28,100
Trinity...................... 7,648
Tulare....................... 204,932
Tuolumne..................... 16,642
Ventura...................... 205,304
Yolo......................... 48,556
Yuba......................... 15,788
SEC. 34. Section 77209 of the Government Code, as amended by
Section 142 of Chapter 75 of the Statutes of 2005, is amended to
read:
77209. (a) There is in the State Treasury the Trial Court
Improvement Fund.
(b) The Judicial Council shall reserve funds for projects by
transferring 1 percent of the amount appropriated for support for
operation of the trial courts to the Trial Court Improvement Fund. At
least one-half of this amount shall be set aside as a reserve that
shall not be allocated prior to March 15 of each year unless
allocated to a court or courts for urgent needs.
(c) Any funds in the Trial Court Improvement Fund that are
unencumbered at the end of the fiscal year shall be reappropriated to
the Trial Court Improvement Fund for the following fiscal year.
(d) Moneys deposited in the Trial Court Improvement Fund shall be
placed in an interest bearing account. Any interest earned shall
accrue to the fund and shall be disbursed pursuant to subdivision
(e).
(e) Moneys deposited in the Trial Court Improvement Fund may be
disbursed for purposes of this section.
(f) Moneys deposited in the Trial Court Improvement Fund pursuant
to Section 68090.8 shall be allocated by the Judicial Council for
automated administrative system improvements pursuant to that section
and in furtherance of Rule 991 of the California Rules of Court, as
it read on July 1, 1996. As used in this subdivision, "automated
administrative system" does not include electronic reporting systems
for use in a courtroom.
(g) Moneys deposited in the Trial Court Improvement Fund shall be
administered by the Judicial Council. The Judicial Council may, with
appropriate guidelines, delegate to the Administrative Director of
the Courts the administration of the fund. Moneys in the fund may be
expended to implement trial court projects approved by the Judicial
Council. Expenditures may be made to vendors or individual trial
courts that have the responsibility to implement approved projects.
(h) Notwithstanding other provisions of this section, the 2
percent automation fund moneys deposited in the Trial Court
Improvement Fund pursuant to Section 68090.8 shall be allocated by
the Judicial Council to statewide initiatives related to trial court
automation and their implementation. The Judicial Council shall
allocate the remainder of the moneys deposited in the Trial Court
Improvement Fund as specified in this section.
For the purposes of this subdivision, the term "2 percent
automation fund" means the fund established pursuant to Section
68090.8 as it read on June 30, 1996. As used in this subdivision,
"statewide initiatives related to trial court automation and their
implementation" does not include electronic reporting systems for use
in a courtroom.
(i) Royalties received from the publication of uniform jury
instructions shall be deposited in the Trial Court Improvement Fund
and used for the improvement of the jury system.
(j) The Judicial Council shall present an annual report to the
Legislature on the use of the Trial Court Improvement Fund. The
report shall include appropriate recommendations.
SEC. 35. Section 123.6 of the Labor Code is amended to read:
123.6. (a) All workers' compensation administrative law judges
employed by the administrative director and supervised by the court
administrator shall subscribe to the Code of Judicial Ethics adopted
by the Supreme Court pursuant to subdivision (m) of Section 18 of
Article VI of the California Constitution for the conduct of judges
and shall not otherwise, directly or indirectly, engage in conduct
contrary to that code or to the commentary to the Code of Judicial
Ethics.
In consultation with both the court administrator and the
Commission on Judicial Performance, the administrative director shall
adopt regulations to enforce this section. Existing regulations
shall remain in effect until new regulations based on the
recommendations of the court administrator and the Commission on
Judicial Performance have become effective. To the extent possible,
the rules shall be consistent with the procedures established by the
Commission on Judicial Performance for regulating the activities of
state judges, and, to the extent possible, with the gift, honoraria,
and travel restrictions on legislators contained in the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000) of the
Government Code). The court administrator shall have the authority to
enforce the rules adopted by the administrative director.
(b) Honoraria or travel allowed by the court administrator, and
not otherwise prohibited by this section in connection with any
public or private conference, convention, meeting, social event, or
like gathering, the cost of which is significantly paid for by
attorneys who practice before the board, may not be accepted unless
the court administrator has provided prior approval in writing to the
workers' compensation administrative law judge allowing him or her
to accept those payments.
SEC. 36. Section 1214.1 of the Penal Code is amended to read:
1214.1. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against any defendant who
fails, after notice and without good cause, to appear in court for
any proceeding authorized by law or who fails to pay all or any
portion of a fine ordered by the court. This assessment shall be
deposited in the Trial Court Trust Fund, as provided in Section
68085.1 of the Government Code.
(b) The assessment shall not become effective until at least 10
calendar days after the court mails a warning notice to the defendant
by first-class mail to the address shown on the notice to appear or
to the defendant's last known address. If the defendant appears
within the time specified in the notice and shows good cause for the
failure to appear or for the failure to pay a fine, the court shall
vacate the assessment.
(c) If a civil assessment is imposed under this section, no bench
warrant or warrant of arrest shall be issued with respect to the
failure to appear at the proceeding for which the assessment is
imposed or the failure to pay the fine. An outstanding, unserved
bench warrant or warrant of arrest for a failure to appear or for a
failure to pay a fine shall be recalled prior to the subsequent
imposition of a civil assessment.
(d) The assessment imposed under subdivision (a) shall be subject
to the due process requirements governing defense and collection of
civil money judgments generally.
(e) Each court and county shall maintain the collection program
that was in effect on July 1, 2005, unless otherwise agreed to by the
court and county. If a court and a county do not agree on a plan for
the collection of civil assessments imposed pursuant to this
section, or any other collections under Section 1463.010, after the
implementation of Sections 68085.6 and 68085.7 of the Government
Code, the court or the county may request arbitration by a third
party mutually agreed upon by the Administrative Director of the
Courts and the California State Association of Counties.
SEC. 37. Section 16020 of the Vehicle Code is amended to read:
16020. (a) Every driver and every owner of a motor vehicle shall
at all times be able to establish financial responsibility pursuant
to Section 16021, and shall at all times carry in the vehicle
evidence of the form of financial responsibility in effect for the
vehicle.
(b) "Evidence of financial responsibility" means any of the
following:
(1) A form issued by an insurance company or charitable risk pool,
as specified by the department pursuant to Section 4000.37.
(2) If the owner is a self-insurer, as provided in Section 16052
or a depositor, as provided in Section 16054.2, the certificate of
self-insurance or the assignment of deposit letter issued by the
department.
(3) An insurance covering note or binder pursuant to Section 382
or 382.5 of the Insurance Code.
(4) A showing that the vehicle is owned or leased by, or under the
direction of, the United States or any public entity, as defined in
Section 811.2 of the Government Code.
(c) For purposes of this section, "evidence of financial
responsibility" also may be obtained by a law enforcement officer and
court personnel from an electronic reporting system when that system
becomes available for use by law enforcement officers.
(d) For purposes of this section, "evidence of financial
responsibility" also includes any of the following:
(1) The name of the insurance company and the number of an
insurance policy or surety bond that was in effect at the time of the
accident or at the time that evidence of financial responsibility is
required to be provided pursuant to Section 16028, if that
information is contained in the vehicle registration records of the
department.
(2) The identifying motor carrier of property permit number issued
by the Department of the California Highway Patrol to the motor
carrier of property as defined in Section 34601, and displayed on the
motor vehicle in the manner specified by the Department of the
California Highway Patrol.
(3) The identifying number issued to the household goods carrier,
passenger stage carrier, or transportation charter party carrier by
the Public Utilities Commission and displayed on the motor vehicle in
the manner specified by the commission.
(4) The identifying number issued by the Interstate Commerce
Commission or its successor federal agency, if proof of financial
responsibility must be presented to the issuing agency as part of the
identification number issuance process, and displayed on the motor
vehicle in the manner specified
by the issuing agency.
(e) Evidence of financial responsibility does not include any of
the identification numbers in paragraph (1), (2), (3), or (4) of
subdivision (d) if the carrier is currently suspended by the issuing
agency for lack or lapse of insurance or other form of financial
responsibility.
SEC. 38. Section 16058.1 of the Vehicle Code is amended to read:
16058.1. The department shall develop a method by which law
enforcement officers and court personnel, on and after July 1, 2006,
may electronically verify that an insurance policy or bond for a
motor vehicle has been issued.
SEC. 39. Section 905.7 of the Government Code, as added by Section
18 of this act, shall be effective as to causes of action that
accrued on or after January 1, 2006. However, the enactment of
Section 905.7 of the Government Code does not change the obligations
and rights under the laws in existence at the time of accrual of
judicial branch entities or of persons whose causes of action against
a judicial branch entity accrued before January 1, 2006.
SEC. 40. It is the intent of the Legislature in amending Section
11135 of the Government Code to construe and clarify the meaning and
effect of existing law and to reject the interpretation given to the
law in Garcia v. California State University (Aug. 15, 2005,
B178329) __ Cal.App.4th __ (2005 Cal. App. LEXIS 1267).
SEC. 41. The provisions of this act shall apply prospectively
only, except with respect to the amendments made to Section 11135 of
the Government Code.
SEC. 42. Section 3 of this bill shall only become operative if AB
1459 or SB 422 is enacted and becomes effective on or before January
1, 2006, and increases the jurisdictional limit of the small claims
court.
SEC. 43. Section 23 of this bill shall only become operative if AB
1459 or SB 422 is enacted and becomes effective on or before January
1, 2006, and increases the jurisdictional limit of the small claims
court, in which case Section 22 of this bill shall not be operative.