BILL NUMBER: AB 522	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 20, 2013

   An act to amend Section 583.161 of the Code of Civil Procedure,
relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 583.161 of the Code of Civil Procedure is
amended to read:
   583.161.   No   A  petition filed
pursuant to Section  299, 2250,  2330  , or 7600 
of the Family Code shall  not  be dismissed pursuant to this
chapter if any of the following conditions exist:
   (a) An order for child support  or an order regarding child
custody or visitation  has been issued in connection with the
proceeding and the order has not been (1) terminated by the court or
(2) terminated by operation of law pursuant to Sections  3022,
 3900, 3901, 4007, and 4013 of the Family Code.
   (b) An order for spousal support has been issued in connection
with the proceeding and the order has not been terminated by the
court. 
   (c) A personal conduct restraining order has been issued and the
order has not been terminated by the court.  
   (c) The petition is for dissolution of the marriage and a separate
trial on the issue of the status of the marriage has been conducted
pursuant to Section 2337 of the Family Code.  
   (d) An issue in the case has been bifurcated and any of the
following has occurred:  
   (1) A separate trial has been conducted pursuant to Section 2337
of the Family Code.  
   (2) A separate trial has been conducted pursuant to Rule 5.390 of
the California Rules of Court.  
   (3) An evidentiary hearing has been conducted pursuant to Section
217 of the Family Code.