BILL NUMBER: AB 1040	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Audra Strickland

                        FEBRUARY 27, 2009

   An act to add Section 905 to the Code of Civil Procedure, relating
to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1040, as introduced, Audra Strickland. Appeals: notice: class
action settlements.
   Existing law 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 require the appellant, upon filing a notice of
appeal, to state if the appeal is from a lower court's approval of a
class action settlement. If so, then the appeal shall be entitled to
expedited briefing and preference in setting the date for oral
argument within 120 days after the notice of appeal has been filed.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 905 is added to the Code of Civil Procedure, to
read:
   905.  Upon the filing of a notice of appeal, the appellant shall
state if the appeal is from a lower court's approval of a class
action settlement. If so, then the appeal shall be entitled to
expedited briefing and preference in setting the date for oral
argument within 120 days after the notice of appeal has been filed.