BILL ANALYSIS �
AB 715
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Date of Hearing: May 7, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 715 (Dickinson) - As Introduced: February 21, 2013
As Proposed to be Amended
SUBJECT : SUMMARY JUDGMENT: RULINGS ON ADMISSIBILITY OF EVIDENCE
KEY ISSUE : SHOULD THE APPELLATE STANDARD OF REVIEW FOR EVIDENCE
BE CLARIFIED?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
As proposed to be amended, this bill provides that a reviewing
court may review a ruling on the admissibility of evidence under
the de novo standard of review. Supporters report that the
Supreme Court has identified the issue but declined to resolve
it. In its amended form, this bill would provide an avenue for
the author's continued discussions with interested parties
regarding the appropriate standard of review for evidentiary
rulings on summary judgment. The author acknowledges that the
bill must return to the Committee for a further hearing when and
if the bill is further amended.
SUMMARY : Revises appellate review of certain summary judgment
issues. Specifically, this bill provides that a reviewing court
may review a ruling on the admissibility of evidence pursuant to
this bill's provision using a de novo standard of review.
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, 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, and upon a
court's order granting summary judgment, authorizes a party to
appeal from the judgment, as specified. (Code of Civil
Procedure section 437c.)
AB 715
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COMMENTS : As proposed to be amended, AB 715 states that a
reviewing court may review a ruling on the admissibility of
evidence under the de novo standard of review. Supporters
report that the Supreme Court has identified the issue but
declined to resolve it. (Reid v. Google, Inc. (2010) 50 Cal.4th
512.) As proposed to be amended, the author states, this bill
would provide an avenue for continued discussions regarding the
appropriate standard of review for evidentiary rulings on
summary judgment. Given the importance of summary judgment to
the adjudication process, and the arguable lack of sufficient
clarity, supporters believe it would be helpful to continue
dialogue with interested stakeholders as the bill moves forward
in its amended form. The author acknowledges that bill must
return to the Committee for a further hearing when and if the
bill is further amended.
Author's Proposed Narrowing Amendment. In order to narrow the
bill to a noncontroversial approach while further discussions
are held with interested parties, the author prudently proposes
to amend the bill as follows:
(1) A reviewing court shall may review a ruling on the
admissibility of evidence pursuant to this section using a de
novo standard of review.
REGISTERED SUPPORT / OPPOSITION :
Support
Consumer Attorneys of California (sponsor)
Opposition (prior to proposed amendments)
California Building Industry Association
California Chamber of Commerce
Civil Justice Association of California
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334