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.