BILL NUMBER: AB 2765	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Judiciary (Feuer (Chair), Brownley,
Evans, Jones, Lieu, and Monning)

                        FEBRUARY 25, 2010

   An act to amend Section 1281.96 of the Code of Civil Procedure,
relating to arbitration.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2765, as introduced, Committee on Judiciary. Consumer
arbitration cases: disclosures.

   Existing law regulates arbitration conducted pursuant to an
arbitration agreement, as specified. Existing law requires a private
arbitration company involved in consumer arbitration cases to make
certain information regarding those cases available to the public, as
specified.
   This bill would extend these requirements to any arbitrator
involved in consumer arbitration cases.
   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 1281.96 of the Code of Civil Procedure is
amended to read:
   1281.96.  (a) Except as provided in paragraph (2) of subdivision
(b), any  arbitrator or  private arbitration company that
administers or is otherwise involved in, a consumer arbitration,
shall collect, publish at least quarterly, and make available to the
public in a computer-searchable format, which shall be accessible at
the Internet Web site of the private arbitration company, if any, and
on paper upon request, all of the following information regarding
each consumer arbitration within the preceding five years:
   (1) The name of the nonconsumer party, if the nonconsumer party is
a corporation or other business entity.
   (2) The type of dispute involved, including goods, banking,
insurance, health care, employment, and, if it involves employment,
the amount of the employee's annual wage divided into the following
ranges: less than one hundred thousand dollars ($100,000), one
hundred thousand dollars ($100,000) to two hundred fifty thousand
dollars ($250,000), inclusive, and over two hundred fifty thousand
dollars ($250,000).
   (3) Whether the consumer or nonconsumer party was the prevailing
party.
   (4) On how many occasions, if any, the nonconsumer party has
previously been a party in an arbitration or mediation administered
by the private arbitration company.
   (5) Whether the consumer party was represented by an attorney.
   (6) The date the private arbitration company received the demand
for arbitration, the date the arbitrator was appointed, and the date
of disposition by the arbitrator or private arbitration company.
   (7) The type of disposition of the dispute, if known, including
withdrawal, abandonment, settlement, award after hearing, award
without hearing, default, or dismissal without hearing.
   (8) The amount of the claim, the amount of the award, and any
other relief granted, if any.
   (9) The name of the arbitrator, his or her total fee for the case,
and the percentage of the arbitrator's fee allocated to each party.
   (b) (1) If the information required by subdivision (a) is provided
by the private arbitration company in a computer-searchable format
at the company's Internet Web site and may be downloaded without any
fee, the company may charge the actual cost of copying to any person
who requests the information on paper. If the information required by
subdivision (a) is not accessible by the Internet, the company shall
provide that information without charge to any person who requests
the information on paper.
   (2) Notwithstanding paragraph (1), a private arbitration company
that receives funding pursuant to Chapter 8 (commencing with Section
465) of Division 1 of the Business and Professions Code, and that
administers or conducts fewer than 50 consumer arbitrations per year
may collect and publish the information required by subdivision (a)
semiannually, provide the information only on paper, and charge the
actual cost of copying.
   (c) This section shall apply to any consumer arbitration commenced
on or after January 1, 2003.
   (d) No private arbitration company shall have any liability for
collecting, publishing, or distributing the information required by
this section.