BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 715
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 715 (Dickinson)
          As Amended May 14, 2013
          Majority vote 

           JUDICIARY                   7-2                                 
           
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          |Ayes:|Wieckowski, Alejo, Chau,  |     |                          |
          |     |Dickinson, Garcia,        |     |                          |
          |     |Muratsuchi, Stone         |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Gorell, Maienschein       |     |                          |
          |     |                          |     |                          |
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           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
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          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 


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