BILL NUMBER: AB 2106	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2012
	AMENDED IN ASSEMBLY  APRIL 30, 2012

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 23, 2012

   An act to amend  Section   Sections 659 and
 663a of the Code of Civil Procedure, relating to civil
procedure.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2106, as amended, Wagner. Civil procedure: motion to set aside
and vacate a  judgment.   judgment and motion
for a new trial.  
   Existing law requires the party intending to move for a new trial
to file a notice of intention to move for a new trial, as specified,
either before the entry of judgment or within 15 days of the date of
mailing notice of entry of judgment by the clerk of the court or
service upon him by any party of written notice of entry of judgment,
or within 180 days after the entry of judgment, whichever is
earliest.  
   This bill would require that, when filing the motion before the
entry of judgment, the filing be done after the decision is rendered.
The bill would also make technical, nonsubstantive changes. 
   Existing law establishes procedures by which a party to a court
action may make a motion to set aside and vacate a judgment. Under
existing law, a party intending to make such a motion is required to
file with the clerk and serve upon the adverse party a notice of his
or her intention, designating the grounds upon which the motion will
be made and specifying the particulars, as described, either before
the entry of judgment or within 15 days of the date of mailing of
notice of entry of judgment by the clerk of the court, or service by
any party of written notice of entry of judgment, or within 180 days
after the entry of judgment, whichever is earliest.
   This bill would specify that the power of the court to rule on a
motion to set aside and vacate a judgment shall expire 60 days from
the mailing of notice of entry of judgment by the clerk of the court
or 60 days after service upon the moving party by any party of
written notice of entry of the judgment, whichever is earlier, or if
that notice has not been given, then 60 days after filing of the
first notice of intention to move to set aside and vacate the
judgment. The bill would also specify that if that motion is not
determined with the 60-day period, or within that period, as
extended, the effect shall be a denial of the motion without further
order of the court. The bill would further specify that a motion to
set aside and vacate a judgment is not determined until a order
ruling on the motion is either entered in the permanent minutes of
the court or signed by the judge and filed with the clerk.
   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 659 of the   Code of
Civil Procedure   is amended to read: 
   659.   (a)    The party intending to move for a
new trial must file with the clerk and serve upon each adverse party
a notice of his  or her  intention to move for a new trial,
designating the grounds upon which the motion will be made and
whether the same will be made upon affidavits or the minutes of the
court  ,  or both, either  :  
   1. Before 
    (1)     After the decision is rendered and
before  the entry of judgment  ; or   .
 
   2. Within 
    (2)     Within  15 days of the date of
mailing notice of entry of judgment by the clerk of the court
pursuant to Section 664.5, or service upon him  or her  by
any party of written notice of entry of judgment, or within 180 days
after the entry of judgment, whichever is earliest; provided, that
upon the filing of the first notice of intention to move for a new
trial by a party, each other party shall have 15 days after the
service of  such   that  notice upon him
 or her  to file and serve a notice of intention to move for
a new trial. 
   Said 
    (b)     That  notice of intention to
move for a new trial shall be deemed to be a motion for a new trial
on all the grounds stated in the notice. The time  above
 specified  in paragraphs (1) and (2) of subdivision (a)
 shall not be extended by order or stipulation or by those
provisions of Section 1013  of this code which  
that  extend the time for exercising a right or doing an act
where service is by mail.
   SECTION 1.   SEC. 2.   Section 663a of
the Code of Civil Procedure is amended to read:
   663a.  (a) A party intending to make a motion to set aside and
vacate a judgment, as described in Section 663, shall file with the
clerk and serve upon the adverse party a notice of his or her
intention, designating the grounds upon which the motion will be
made, and specifying the particulars in which the legal basis for the
decision is not consistent with or supported by the facts, or in
which the judgment or decree is not consistent with the special
verdict, either:
   (1) Before the entry of judgment.
   (2) Within 15 days of the date of mailing of notice of entry of
judgment by the clerk of the court pursuant to Section 664.5, or
service upon him or her by any party of written notice of entry of
judgment, or within 180 days after the entry of judgment, whichever
is earliest.
   (b)  Except as otherwise provided in Section 12a, the power of the
court to rule on a motion to set aside and vacate a judgment shall
expire 60 days from the mailing of notice of entry of judgment by the
clerk of the court pursuant to Section 664.5, or 60 days after
service upon the moving party by any party of written notice of entry
of the judgment, whichever is earlier, or if that notice has not
been given, then 60 days after filing of the first notice of
intention to move to set aside and vacate the judgment. If that
motion is not determined within the 60-day period, or within that
period, as extended, the effect shall be a denial of the motion
without further order of the court. A motion to set aside and vacate
a judgment is not determined within the meaning of this section until
an order ruling on the motion is (1) entered in the permanent
minutes of the court, or (2) signed by the judge and filed with the
clerk. The entry of an order to set aside and vacate the judgment in
the permanent minutes of the court shall constitute a determination
of the motion, even though that minute order, as entered, expressly
directs that a written order be prepared, signed, and filed. The
minute entry shall, in all cases, show the date on which the order
actually is entered in the permanent minutes, but failure to comply
with this direction shall not impair the validity or effectiveness of
the order.
   (c) The provisions of Section 1013 extending the time for
exercising a right or doing an act where service is by mail shall not
apply to extend the time specified above.
   (d) An order of the court granting a motion may be reviewed on
appeal in the same manner as a special order made after final
judgment.