BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2119| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 2119 Page 2 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. CONTINUED AB 2119 Page 3 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 **** END **** CONTINUED