BILL ANALYSIS Ó
AB 522
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 522 (Bloom)
As Amended May 24, 2013
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |77-0 |(April 15, |SENATE: |31-0 |(June 10, |
| | |2013) | | |2013) |
-----------------------------------------------------------------
Original Committee Reference: JUD.
SUMMARY : Expands the types of actions to which the exception to
dismissal of an action for delay in persecution would apply.
Specifically, this bill :
1)Expands the types of actions to which the exception to
dismissal of an action for delay in prosecution applies to
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.
2)Prohibits the dismissal of the types of actions described
above 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 terminated by a
court order or operation of law, as specified.
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 Protection Act and the
order has not been terminated by either operation of law or
by the court.
The Senate amendments delete a reference to a specific section
of the California Rules of Court.
EXISTING LAW :
1)Provides that an action shall be brought to trial within five
AB 522
Page 2
years after the action is commenced against the defendant.
Authorizes a court to dismiss an action for delay in
prosecution if the action is not brought within the specified
time period, either on the court's own motion or on motion of
the defendant, after notice is provided to the parties.
2)Prohibits dismissal for delay in prosecution in an action for
dissolution of marriage or for legal separation 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 the marriage has been conducted, as specified.
FISCAL EFFECT : None
COMMENTS : Under current law, a civil action must be brought to
trial within five years of filing or it will be subject to
mandatory dismissal for "delay in prosecution," unless the
parties stipulate to an extension. The purpose of this rule is
to ensure that, once the action has been commenced, a plaintiff
proceeds in the prosecution of the lawsuit with diligence, and
that cases are adjudicated in a timely manner. As the
California Supreme Court explained, the purpose of the five-year
requirement is "to promote the trial of cases before evidence is
lost, destroyed, or the memory of witnesses becomes dimmed [and]
to protect defendants from being subjected to the annoyance of
an unmeritorious action remaining undecided for an indefinite
period of time." (General Motors Corp. v. Superior Court (1966)
65 Cal. 2d 88, 91.)
While dismissal for delay in prosecution makes sense in most
civil actions, it is not always appropriate for some family law
actions. For example, because family law matters are complex
and family law litigants often self-represented, delays are
sometimes unavoidable. In addition, family law matters involve
litigants with emotional attachments who may still have
reservations about the step that they are about to take, and an
exception to mandatory dismissal for delay in many instances
will "provide a full opportunity for reconciliations to occur
between spouses who have children [and to] satisfy the frequent
need of children and spouses for continuing protection and
jurisdiction of the court." (In re Marriage of Hinds (1988) 205
Cal. App. 3d 1398, 1405.) Because of the special nature of some
family law actions, therefore, the Legislature has carved out
important family law exceptions to the statute requiring
mandatory dismissal for delay. Specifically, existing law
AB 522
Page 3
prohibits dismissal for delay in any action for legal separation
or dissolution of marriage where there is a valid order for
child or spousal support or, in the case of a petition for
dissolution of marriage, there has been a separate trial on the
issue of the status of the marriage. This bill would expand the
types of family law cases that are exempted from dismissal to
include the following: 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.
According to the author and sponsor, this bill serves at least
two important purposes. First, this bill will ensure that
family law litigants will not lose the protection or relief of
any interim orders due to a mandatory dismissal for delay.
Second, this measure will improve efficiency. The author notes
that, unlike other civil law matters that move through
non-substantive pre-trial motions relatively quickly, the
pre-trial motions in family law often deal with important and
substantive matters. When substantive matters have already been
resolved by pre-trial hearings and motions, the author reasons,
"it does not serve the parties interest or judicial economy to
dismiss the case and require new hearings and trial on
previously decided issues."
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0001097