Amended in Senate June 24, 2013

Amended in Assembly May 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 715

Introduced by Assembly Member Dickinson

February 21, 2013

An act to amend Section begin delete 437c end delete begin insert 755 end insert of the begin delete Code of Civil Procedure, end delete begin insert Evidence Code, end insert relating to begin delete summary judgment. end delete begin insert evidence. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 715, as amended, Dickinson. begin delete Summary judgment: rulings on admissibility of evidence: de novo standard of review. end delete begin insert Evidence: interpreters. end insert

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Existing law provides that in any action or proceeding under specified provisions of the Family Code relating to domestic violence, in which a party does not proficiently speak or understand the English language is present, an interpreter shall be present to interpret the proceedings in a language that the party understands, and to assist communication between the party and his or her attorney, except that a court may issue prescribed orders ex parte without an interpreter. Existing law specifies that the fees of these interpreters shall be paid by the parties, except that these fees shall be waived for parties who need an interpreter and appear in forma pauperis. Existing law also requires the Judicial Council to revise a specified court rule and related court forms accordingly.

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This bill would delete obsolete provisions of law.

end insert begin delete

Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. Existing law requires the motion to be supported by, and provides that any opposition to the motion shall consist of, affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. Upon a court’s order granting summary judgment, existing law authorizes a party to appeal from the judgment, as specified.

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This bill would authorize a reviewing court to review a ruling on the admissibility of evidence in the summary judgment proceeding using a de novo standard of review.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 755 of the end insert begin insert Evidence Code end insert begin insert is amended to
read: end insert

755.  

(a) In begin delete any end delete begin insert an end insert action or proceeding under Division 10
(commencing with Section 6200) of the Family Code, and in begin delete any end delete
begin insert an end insert action or proceeding under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family
Code) or for dissolution or nullity of marriage or legal separation
of the parties in which a protective order has been granted or is
being sought pursuant to Section 6221 of the Family Code, in
which a party does not proficiently speak or understand the English
language, and that party is present, an interpreter, as provided in
this section, shall be present to interpret the proceedings in a
language that the party understands, and to assist communication
between the party and his or her attorney. Notwithstanding this
requirement, a court may issue an ex parte order pursuant to
Sections 2045 and 7710 of, and Article 1 (commencing with
Section 6320) of Chapter 2 of Part 4 of Division 10 of the Family
Code, without the presence of an interpreter. The interpreter
selected shall be certified pursuant to Article 4 (commencing with
Section 68560) of Chapter 2 of Title 8 of the Government Code,
unless the court in its discretion appoints an interpreter who is not
certified.

(b) The fees of interpreters utilized under this section shall be
paid as provided in subdivision (b) of Section 68092 of the
Government Code. begin delete However, the fees of an interpreter shall be
waived for a party who needs an interpreter and appears in forma
pauperis pursuant to Section 68511.3 of the Government Code.
The Judicial Council shall amend subdivision (i) of California
Rule of Court 985 and revise its forms accordingly by July 1, 1996. end delete

(c) In any civil action in which an interpreter is required under
this section, the court shall not commence proceedings until the
appointed interpreter is present and situated near the party and his
or her attorney. However, this section shall not prohibit the court
from doing any of the following:

(1) Issuing an order when the necessity for the order outweighs
the necessity for an interpreter.

(2) Extending the duration of a previously issued temporary
order if an interpreter is not readily available.

(3) Issuing a permanent order where a party who requires an
interpreter fails to make appropriate arrangements for an interpreter
after receiving proper notice of the hearing with information about
obtaining an interpreter.

(d) This section does not prohibit the presence of any other
person to assist a party.

(e) A local public entity may, and the Judicial Council shall,
apply to the appropriate state agency that receives federal funds
authorized pursuant to the federal Violence Against Women Act
(P.L. 103-322) for these federal funds or for funds from sources
other than the state to implement this section. A local public entity
and the Judicial Council shall comply with the requirements of
this section only to the extent that any of these funds are made
available.

(f) The Judicial Council shall draft rules and modify forms
necessary to implement this section, including those for the petition
for a temporary restraining order and related forms, to inform both
parties of their right to an interpreter pursuant to this section.

All matter omitted in this version of the bill appears in the bill as amended in the Assembly, May 14, 2013. (JR11)