BILL ANALYSIS Ó AB 715 Page 1 ASSEMBLY THIRD READING AB 715 (Dickinson) As Amended May 14, 2013 Majority vote JUDICIARY 7-2 ----------------------------------------------------------------- |Ayes:|Wieckowski, Alejo, Chau, | | | | |Dickinson, Garcia, | | | | |Muratsuchi, Stone | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Gorell, Maienschein | | | | | | | | ----------------------------------------------------------------- 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. FISCAL EFFECT : None COMMENTS : This bill 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 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 AB 715 Page 2 be helpful to continue dialogue with interested stakeholders as the bill moves forward in its recently amended form. Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334 FN: 0000546