BILL NUMBER: SB 647	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Judiciary (Senators Evans (Chair),
Blakeslee, Corbett, Harman, and Leno)

                        FEBRUARY 18, 2011

   An act to amend Sections 116.780 and 116.820 of the Code of Civil
Procedure, relating to civil law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 647, as introduced, Committee on Judiciary. Civil law: omnibus
bill.
   Existing law, the Small Claims Act, governs the procedures in
small claims court. The act provides that the judgment of the
superior court of a small claims appeal is final, and specifies the
procedures for the enforcement of judgments.
   This bill would make technical changes to those provisions by
deleting erroneous cross-references.
   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 116.780 of the Code of Civil Procedure is
amended to read:
   116.780.  (a) The judgment of the superior court after a hearing
on appeal is final and not appealable.
   (b) Article 6 (commencing with Section 116.610) on judgments of
the small claims court applies to judgments of the superior court
after a hearing on appeal, except as provided in 
subdivisions (c) and (d)   subdivision (c)  .
   (c) For good cause and where necessary to achieve substantial
justice between the parties, the superior court may award a party to
an appeal reimbursement of (1) attorney's fees actually and
reasonably incurred in connection with the appeal, not exceeding one
hundred fifty dollars ($150), and (2) actual loss of earnings and
expenses of transportation and lodging actually and reasonably
incurred in connection with the appeal, not exceeding one hundred
fifty dollars ($150).
  SEC. 2.  Section 116.820 of the Code of Civil Procedure is amended
to read:
   116.820.  (a) The judgment of a small claims court  , or the
judgment of the superior court after a hearing on appeal,  may
be enforced as provided in Title 9 (commencing with Section 680.010)
of Part 2 and in Sections 674 and 1174 on the enforcement of
judgments of other courts.  A judgment of the superior court
after a hearing on appeal, and after transfer to the small claims
court under subdivision (d) of Section 116.780, may be enforced like
other judgments of the small claims court, as provided in Title 9
(commencing with Section 680.010) of Part 2 and in Sections 674 and
1174 on the enforcement of judgments of other courts. 
   (b) The clerk of the court shall charge and collect all fees
associated with the enforcement of judgments under Title 9
(commencing with Section 680.010) of Part 2. The clerk shall
immediately deposit all the fees collected under this section into a
bank account established for this purpose by the Administrative
Office of the Courts. The money shall be remitted to the State
Treasury under rules adopted by, or trial court financial policies
and procedures authorized by, the Judicial Council under subdivision
(a) of Section 77206 of the Government Code. The Controller shall
distribute the fees to the Trial Court Trust Fund as provided in
Section 68085.1 of the Government Code.
   (c) The prevailing party in any action subject to this chapter is
entitled to the costs of enforcing the judgment and accrued interest.