BILL NUMBER: AB 522	CHAPTERED
	BILL TEXT

	CHAPTER  40
	FILED WITH SECRETARY OF STATE  JUNE 28, 2013
	APPROVED BY GOVERNOR  JUNE 28, 2013
	PASSED THE SENATE  JUNE 10, 2013
	PASSED THE ASSEMBLY  JUNE 14, 2013
	AMENDED IN SENATE  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 9, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

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, 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 other conditions, 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.


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.  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 pursuant
to the Domestic Violence Prevention Act (Division 10 (commencing with
Section 6200) of the Family Code) and the order has not been
terminated by operation of law or by the court.
   (d) An issue in the case has been bifurcated and one 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 the California
Rules of Court.