BILL NUMBER: AB 1264	CHAPTERED  07/27/07

	CHAPTER  146
	FILED WITH SECRETARY OF STATE  JULY 27, 2007
	APPROVED BY GOVERNOR  JULY 27, 2007
	PASSED THE SENATE  JULY 9, 2007
	PASSED THE ASSEMBLY  JULY 20, 2007
	AMENDED IN SENATE  JUNE 20, 2007
	AMENDED IN ASSEMBLY  APRIL 11, 2007

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 23, 2007

   An act to amend Section 68616 of the Government Code, relating to
courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1264, Eng. Courts: delay reduction: unnamed defendants.
   The Trial Court Delay Reduction Act requires the Judicial Council
to adopt standards of timely disposition for the processing and
disposition of civil and criminal actions.
   Existing law prohibits delay reduction rules from requiring the
dismissal of unnamed defendants prior to the conclusion of the
introduction of evidence at trial, except upon stipulation or motion
of the parties.
   This bill would likewise prohibit delay reduction rules from
requiring the severance of unnamed defendants prior to the conclusion
of the introduction of evidence at trial, except upon stipulation or
motion of the parties.
   The bill would make other technical changes.


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

  SECTION 1.  Section 68616 of the Government Code is amended to
read:
   68616.  Delay reduction rules shall not require shorter time
periods than as follows:
   (a) Service of the complaint within 60 days after filing.
Exceptions, for longer periods of time, (1) may be granted as
authorized by local rule and (2) shall be granted on a showing that
service could not reasonably be achieved within the time required
with the exercise of due diligence consistent with the amount in
controversy.
   (b) Service of responsive pleadings within 30 days after service
of the complaint. The parties may stipulate to an additional 15 days.
Exceptions, for longer periods of time, may be granted as authorized
by local rule.
   (c) Time for service of notice or other paper under Sections 1005
and 1013 of the Code of Civil Procedure and time to plead after
service of summons under Section 412.20 of the Code of Civil
Procedure shall not be shortened except as provided in those
sections.
   (d) Within 30 days of service of the responsive pleadings, the
parties may, by stipulation filed with the court, agree to a single
continuance not to exceed 30 days.
   It is the intent of the Legislature that these stipulations not
detract from the efforts of the courts to comply with standards of
timely disposition. To this extent, the Judicial Council shall
develop statistics that distinguish between cases involving, and not
involving, these stipulations.
   (e) No status conference, or similar event, other than a challenge
to the jurisdiction of the court, may be required to be conducted
sooner than 30 days after service of the first responsive pleadings,
or no sooner than 30 days after expiration of a stipulated
continuance, if any, pursuant to subdivision (d).
   (f) Title 4 (commencing with Section 2016.010) of Part 4 of the
Code of Civil Procedure shall govern discovery, except in arbitration
proceedings.
   (g) No case may be referred to arbitration prior to 210 days after
the filing of the complaint, exclusive of the stipulated period
provided for in subdivision (d). No rule adopted pursuant to this
article may contravene Sections 638 and 639 of the Code of Civil
Procedure.
   (h) Unnamed (DOE) defendants shall not be dismissed or severed
prior to the conclusion of the introduction of evidence at trial,
except upon stipulation or motion of the parties.
   (i) Notwithstanding Section 170.6 of the Code of Civil Procedure,
in direct calendar courts, challenges pursuant to that section shall
be exercised within 15 days of the party's first appearance. Master
calendar courts shall be governed solely by Section 170.6 of the Code
of Civil Procedure.