BILL NUMBER: AB 2379 ENROLLED BILL TEXT PASSED THE SENATE AUGUST 20, 2008 PASSED THE ASSEMBLY AUGUST 28, 2008 AMENDED IN SENATE AUGUST 13, 2008 AMENDED IN SENATE JULY 10, 2008 AMENDED IN SENATE MAY 8, 2008 INTRODUCED BY Assembly Member Evans FEBRUARY 21, 2008 An act to amend Section 904.1 of the Code of Civil Procedure, relating to court records. LEGISLATIVE COUNSEL'S DIGEST AB 2379, Evans. Court records: appeal: attorney's fees. Existing rules of court provide a standard and procedures for courts to use when a motion is made to seal or unseal a court record. Existing case law provides that a court order to unseal a court record is appealable as the final determination of a collateral matter, in that it directed the performance of an act. Existing law generally provides that an appeal is to the court of appeal, other than in a limited civil case, and specifies certain judgments and orders from which an appeal may be taken. This bill would specify the manner of review for an order granting or denying a motion to seal or unseal a court record. The bill would authorize a party, intervenor, or member of the public, in order to obtain review of any order to seal or unseal a court record, to either file a petition for an extraordinary writ or a notice of appeal, as specified. The bill would include related statements of legislative intent. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature in adding subdivision (c) to Section 904.1 of the Code of Civil Procedure in Section 2 of this act to avoid delays associated with appeals of orders sealing or unsealing court records by providing for the use of a writ procedure in addition to normal appeals, in order to determine these matters more expeditiously. Courts have recognized the importance of avoiding delays and obtaining prompt decisions on matters involving access to courts and the sealing of court records. Language in some court cases has suggested that orders unsealing court records are appealable as the final determination of a collateral matter (see, for example, In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292, 297, fn. 2). This act is intended to allow orders sealing or unsealing court records to be challenged using either a writ procedure, within specified timeframes, or the appeal process. Nothing in this act is intended to alter existing procedures relating to the court's discretion to stay orders sealing or unsealing court records pending appeal, or as to orders directing disclosure of public records or upholding a refusal to disclose public records pursuant to subdivision (c) of Section 6259 of the Government Code. SEC. 2. Section 904.1 of the Code of Civil Procedure is amended to read: 904.1. (a) An appeal, other than in a limited civil case, is to the court of appeal. An appeal, other than in a limited civil case, may be taken from any of the following: (1) From a judgment, except (A) an interlocutory judgment, other than as provided in paragraphs (8), (9), and (11), or (B) a judgment of contempt that is made final and conclusive by Section 1222. (2) From an order made after a judgment made appealable by paragraph (1). (3) From an order granting a motion to quash service of summons or granting a motion to stay the action on the ground of inconvenient forum, or from a written order of dismissal under Section 581d following an order granting a motion to dismiss the action on the ground of inconvenient forum. (4) From an order granting a new trial or denying a motion for judgment notwithstanding the verdict. (5) From an order discharging or refusing to discharge an attachment or granting a right to attach order. (6) From an order granting or dissolving an injunction, or refusing to grant or dissolve an injunction. (7) From an order appointing a receiver. (8) From an interlocutory judgment, order, or decree, hereafter made or entered in an action to redeem real or personal property from a mortgage thereof, or a lien thereon, determining the right to redeem and directing an accounting. (9) From an interlocutory judgment in an action for partition determining the rights and interests of the respective parties and directing partition to be made. (10) From an order made appealable by the provisions of the Probate Code or the Family Code. (11) From an interlocutory judgment directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000). (12) From an order directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000). (13) From an order granting or denying a special motion to strike under Section 425.16. (b) Sanction orders or judgments of five thousand dollars ($5,000) or less against a party or an attorney for a party may be reviewed on an appeal by that party after entry of final judgment in the main action, or, at the discretion of the court of appeal, may be reviewed upon petition for an extraordinary writ. (c) An order granting or denying a motion to seal or unseal a court record pursuant to subdivision (b) or (h) of Rule 2.551 of the California Rules of Court shall be reviewed as follows: Upon entry of any order pursuant to Rules 2.550 and 2.551 of the California Rules of Court, a party, intervenor, or member of the public, in order to obtain review of the order, may elect to do one of the following: (1) In civil and criminal cases, file a petition for extraordinary writ within 20 days of the notice of entry of the order, or within any further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. (2) In civil cases, file a notice of appeal.