AB 522, as introduced, Bloom. Civil actions: exceptions to dismissal for delay in prosecution.
Existing law authorizes a court to dismiss an action for delay in prosecution if, among others, an action is not brought to trial within a specified period of time. Existing law prohibits dismissal of an action for dissolution of marriage or for legal separation of parties under specified conditions, including, if a valid order for child or spousal support exists or, in an action for dissolution of marriage, a separate trial on the issue of the status of marriage has been conducted as provided by law.
This bill would expand the types of actions to which the exception to dismissal of an action for delay in prosecution would apply and would include an action for the dissolution of a domestic partnership, an action based on void or voidable marriage, and an action relating to a child custody or visitation order. The bill would prohibit those actions from being dismissed under the specified conditions that would also include if an order regarding child custody or visitation has been issued, as specified, or if a valid personal conduct restraining order exists and if an issue in the case has been bifurcated, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 583.161 of the Code of Civil Procedure
2 is amended to read:
begin deleteNo end deletebegin insertA end insertpetition filed pursuant to Sectionbegin insert 299, 2250,end insert
4 2330begin insert, or 7600end insert of the Family Code shallbegin insert notend insert be dismissed pursuant
5to this chapter if any of the following conditions exist:
6(a) An order for child supportbegin insert
or an order regarding child
7custody or visitationend insert has been issued in connection with the
8proceeding and the order has not been (1) terminated by the court
9or (2) terminated by operation of law pursuant to Sectionsbegin insert 3022,end insert
10 3900, 3901, 4007, and 4013 of the Family Code.
11(b) An order for spousal support has been issued in connection
12with the proceeding and the order has not been terminated by the
13court.
14(c) A personal conduct restraining order has been issued and
15the order has not been terminated by the court.
16(c) The petition is for dissolution of the marriage and a separate
17trial on the issue of the status of the marriage has been conducted
18pursuant to Section 2337 of the Family Code.
19(d) An issue in the case has been bifurcated and any of the
20following has occurred:
21(1) A separate trial has been conducted pursuant to Section
222337 of the Family Code.
23(2) A separate trial has been conducted pursuant to Rule 5.390
24of the California Rules of Court.
25(3) An evidentiary hearing has been conducted pursuant to
26Section 217 of the Family Code.
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