BILL NUMBER: AB 2043	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 23, 2012

   An act to amend Section 904.1 of the Code of Civil Procedure,
relating to appeals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2043, as introduced, Wagner. Appeals: representative actions.
   Existing law specifies the judgments and orders from which an
appeal may be taken to the court of appeal.
   This bill would add an order granting or denying class action
certification, allowing appeal from the order at the discretion of
the court of appeal. The bill would specify various factors the court
would be required to consider in determining whether to allow the
appeal.
   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 904.1 of the Code of Civil Procedure is amended
to read:
   904.1.  (a) An appeal, other than in a limited civil case, is to
the court of appeal. An appeal, other than in a limited civil case,
may be taken from any of the following:
   (1) From a judgment, except (A) an interlocutory judgment, other
than as provided in paragraphs (8), (9), and (11), or (B) a judgment
of contempt that is made final and conclusive by Section 1222.
   (2) From an order made after a judgment made appealable by
paragraph (1).
   (3) From an order granting a motion to quash service of summons or
granting a motion to stay the action on the ground of inconvenient
forum, or from a written order of dismissal under Section 581d
following an order granting a motion to dismiss the action on the
ground of inconvenient forum.
   (4) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
   (5) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
   (6) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
   (7) From an order appointing a receiver.
   (8) From an interlocutory judgment, order, or decree, hereafter
made or entered in an action to redeem real or personal property from
a mortgage thereof, or a lien thereon, determining the right to
redeem and directing an accounting.
   (9) From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties and
directing partition to be made.
   (10) From an order made appealable by the provisions of the
Probate Code or the Family Code.
   (11) From an interlocutory judgment directing payment of monetary
sanctions by a party or an attorney for a party if the amount exceeds
five thousand dollars ($5,000).
   (12) From an order directing payment of monetary sanctions by a
party or an attorney for a party if the amount exceeds five thousand
dollars ($5,000).
   (13) From an order granting or denying a special motion to strike
under Section 425.16.
   (b) Sanction orders or judgments of five thousand dollars ($5,000)
or less against a party or an attorney for a party may be reviewed
on an appeal by that party after entry of final judgment in the main
action, or, at the discretion of the court of appeal, may be reviewed
upon petition for an extraordinary writ. 
   (c) A court of appeal may permit an appeal from an order granting
or denying class action certification if the petition to appeal is
filed within 14 days of the entry of the order. In reviewing a
petition to determine whether to permit an appeal under this
subdivision, the court shall consider all of the following
circumstances:  
   (1) Whether the trial court's order denying class status would
effectively end the litigation and any reasonable possibility of
prosecuting individual claims.  
   (2) Whether the trial court's order granting class status would
place substantial pressure on the defendant to settle without regard
to the merits of the case.  
   (3) Whether an interlocutory appeal of the order would facilitate
the development of the law pertaining to class actions.  
   (4) Whether the order granting or denying class certification is
clearly erroneous.  
   (5) Whether any other special circumstances exist that are
sufficient to justify an interlocutory appeal.