BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2119|
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                                    CONSENT


          Bill No:  AB 2119
          Author:   Tran (R)
          Amended:  As introduced
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 6/10/10
          AYES:  Corbett, Harman, Hancock, Leno, Walters

           ASSEMBLY FLOOR  :  76-0, 4/5/10 - See last page for vote  
            (Consent) 


           SUBJECT  :    Civil procedure:  deadlines:  computation

           SOURCE  :     State Bar of California Committee on  
          Administration of
                        Justice


           DIGEST  :    This bill adds to the Code of Civil Procedure a  
          definitive method of calculating specified action  
          deadlines, including the service and court filing of  
          specified motions, oppositions, and replies, as they  
          pertain to court hearings.

           ANALYSIS  :    Existing law provides that the time in which  
          any act provided by law is to be done is computed by  
          excluding the first day, and including the last, unless the  
          last day is a holiday, and then it is also excluded. 

          Existing law provides that the time for service and filing  
          of moving and supporting papers is at least 16 court days  
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                                                               AB 2119
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          before the hearing.

          Existing law provides that notice of a motion for summary  
          judgment and supporting papers shall be served at least 75  
          days before the hearing.

          This bill provides that, when calculating service and  
          filing deadlines of motions, oppositions, and replies, the  
          deadline will be counted backward from the hearing date,  
          excluding the day of the hearing.

          This bill provides that additional days added to the  
          deadline because of a particular method of service shall be  
          computed by counting backward from the deadline date.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/14/10)

          California Judges Association
          CompuLaw, LLC
          Consumer Attorneys of California
          Judicial Council of California
          San Francisco Association for Docket Calendar & Court  
          Services


           ARGUMENTS IN SUPPORT  :    According to the author's office:

               This bill clarifies the method of counting days in  
               situations where a statute requires that a certain act  
               (such as service of a brief) be done a specified  
               number of days before a hearing date.

               This bill provides that where the law requires that an  
               act be performed no later than a specified number of  
               days before a hearing date, the last day to perform  
               that act will be determined by counting backward from  
               the hearing date, excluding the day of the hearing.   
               The bill further provides that any additional days  
               that need to be added because of a particular method  
               of service will be computed by continuing to count  
               backward.

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                                                               AB 2119
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           ASSEMBLY FLOOR  :  
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NO VOTE RECORDED:  Blakeslee, Norby, Portantino


          RJG:nl  6/14/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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