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
FN: 0000546