Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1356

Introduced by Assembly Member Bloom

February 22, 2013

An act to amend Section begin delete 412.20 of the Code of Civil Procedure end delete begin insert 1708.7 of the Civil Code end insert , relating to begin delete civil actions end delete begin insert stalking end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1356, as amended, Bloom. begin delete Summons. end delete begin insert Stalking: remedies. end insert

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Existing law provides that a person is liable for the tort of stalking if he or she engaged in a pattern of conduct intended to follow, alarm, or harass the plaintiff, that resulted in the plaintiff reasonably fearing for his or her safety, or the safety of an immediate family member, and the person has either made a credible threat with the intent to place the plaintiff in reasonable fear for his or her safety, or that of an immediate family member, and how continued in his or her pattern of conduct after the plaintiff demands that he or she cease, or has violated a restraining order.

end insert begin insert

This bill would include a pattern of conduct intended to place the plaintiff under surveillance, as defined, within those elements defining the tort of stalking. The bill would permit the plaintiff to show, as an alternative to the plaintiff reasonably fearing for his or her safety or that of a family member, that the pattern of conduct resulted in the plaintiff suffering substantial emotional distress, and that the pattern of conduct would cause a reasonable person to suffer substantial emotional distress. The bill would require the plaintiff to show that the person has either made a credible threat with the intent to place the plaintiff in reasonable fear for his or her safety, or that of an immediate family member, or, reckless disregard for the safety of the plaintiff or that of an immediate family member. The bill would relieve the plaintiff, under exigent circumstances, as specified, of the requirement to demand that the defendant cease his or her behavior. The bill would also define the terms “follows,” “place under surveillance,” and “substantial emotional distress” for purposes of these provisions.

end insert begin delete

Existing law requires that a summons for a civil action be directed to the defendant, signed by the clerk, and issued under the seal of the court in which the action is pending, and that it contain specified information, instructions, and admonishments regarding the action.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

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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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1708.7 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

1708.7.  

(a) A person is liable for the tort of stalking when the
plaintiff proves all of the following elements of the tort:

(1) The defendant engaged in a pattern of conduct the intent of
which was to follow, alarm, begin insert place under surveillance, end insert or harass
the plaintiff. In order to establish this element, the plaintiff shall
be required to support his or her allegations with independent
corroborating evidence.

(2) As a result of that pattern of conduct, begin delete the plaintiff end delete begin insert either of
the following occurred: end insert

begin insert (A) end insert begin insert   end insert begin insert The plaintiff end insert reasonably feared for his or her safety, or the
safety of an immediate family member. For purposes of this
begin delete paragraph end delete begin insert subparagraph end insert , “immediate family” means a spouse,
parent, child, any person related by consanguinity or affinity within
the second degree, or any person who regularly resides, or, within
the six months preceding any portion of the pattern of conduct,
regularly resided, in the plaintiff’s household.

begin insert

(B) The plaintiff suffered substantial emotional distress, and
the pattern of conduct would cause a reasonable person to suffer
substantial emotional distress.

end insert

(3) One of the following:

(A) The defendant, as a part of the pattern of conduct specified
in paragraph (1), made a credible threat with begin delete the end delete begin insert either (i) the end insert intent
to place the plaintiff in reasonable fear for his or her safety, or the
safety of an immediate family begin delete member and, on at end delete begin insert member, or (ii)
reckless disregard for the safety of the plaintiff or that of an
immediate family member. In addition, the plaintiff must have, on
at end insert least one occasion, begin delete the plaintiff end delete clearly and definitively
demanded that the defendant cease and abate his or her pattern of
conduct and the defendant persisted in his or her pattern of conduct
begin insert unless exigent circumstances make the plaintiff’s communication
of the demand impractical or unsafe end insert .

(B) The defendant violated a restraining order, including, but
not limited to, any order issued pursuant to Section 527.6 of the
Code of Civil Procedure, prohibiting any act described in
subdivision (a).

(b) For the purposes of this section:

(1) “Pattern of conduct” means conduct composed of a series
of acts over a period of time, however short, evidencing a
continuity of purpose. Constitutionally protected activity is not
included within the meaning of “pattern of conduct.”

(2) “Credible threat” means a verbal or written threat, including
that communicated by means of an electronic communication
device, or a threat implied by a pattern of conduct begin insert , including, but
not limited to, acts in which a defendant directly, indirectly, or
through third parties, by any action, method, device, or means,
follows, harasses, monitors, surveils, threatens, or interferes with
or damages the plaintiff’s property, end insert or a combination of verbal,
written, or electronically communicated statements and conduct,
made with the intent and apparent ability to carry out the threat so
as to cause the person who is the target of the threat to reasonably
fear for his or her safety or the safety of his or her immediate
family.

(3) “Electronic communication device” includes, but is not
limited to, telephones, cellular telephones, computers, video
recorders, fax machines, or pagers. “Electronic communication”
has the same meaning as the term defined in Subsection 12 of
Section 2510 of Title 18 of the United States Code.

begin insert

(4) “Follows” means to move in relative proximity to a person
as that person moves from place to place or to remain in relative
proximity to a person who is stationary or whose movements are
confined to a small area but does not include following the plaintiff
within the residence of the defendant.

end insert begin delete

(4)

end delete

begin insert (5) end insert  “Harass” means a knowing and willful course of conduct
directed at a specific person which seriously alarms, annoys,
torments, or terrorizes the person, and which serves no legitimate
purpose. The course of conduct must be such as would cause a
reasonable person to suffer substantial emotional distress, and must
actually cause substantial emotional distress to the person.

begin insert

(6) “Place under surveillance” means remaining present outside
of the plaintiff’s school, place of employment, vehicle, residence,
other than the residence of the defendant, or other place occupied
by the plaintiff. For purposes of the liability created by subdivision
(a), “place under surveillance” does not include any lawful activity
of private investigators licensed pursuant to Article 3 (commencing
with Section 7520) of Chapter 11.3 of Division 3 of the Business
and Professions Code, or of law enforcement personnel or
employees of agencies, either public or private, who, in the course
and scope of their employment, encourage or attempt to engage
in any conduct or activity to obtain evidence of suspected illegal
activity or other misconduct, suspected violation of any
administrative rule or regulation, suspected fraudulent conduct,
or any suspected activity involving a violation of law or business
practice or conduct of a public official that adversely affects public
welfare, health, or safety.

end insert begin insert

(7) “Substantial emotional distress” shall not be construed to
have the same meaning as the “severe emotional distress”
requirement for intentional infliction of emotional distress.
“Substantial emotional distress” does not require a showing of
physical manifestations of emotional distress; rather, it requires
the evaluation of the totality of the circumstances to determine
whether the defendant reasonably caused the plaintiff substantial
fear, anxiety, or emotional torment.

end insert

(c) A person who commits the tort of stalking upon another is
liable to that person for damages, including, but not limited to,
general damages, special damages, and punitive damages pursuant
to Section 3294.

(d) In an action pursuant to this section, the court may grant
equitable relief, including, but not limited to, an injunction.

(e) The rights and remedies provided in this section are
cumulative and in addition to any other rights and remedies
provided by law.

(f) This section shall not be construed to impair any
constitutionally protected activity, including, but not limited to,
speech, protest, and assembly.

begin insert

(g) This act is an exercise of the police power of the state for
the protection of the health, safety, and welfare of the people of
the State of California, and shall be liberally construed to
effectuate those purposes.

end insert

begin delete

SECTION 1.  

Section 412.20 of the Code of Civil Procedure
is amended to read:

412.20.  

(a) Except as otherwise required by statute, a summons
shall be directed to the defendant, signed by the clerk, and issued
under the seal of the court in which the action is pending, and it
shall contain all of the following:

(1) The title of the court in which the action is pending.

(2) The names of the parties to the action.

(3) A direction that the defendant file with the court a written
pleading in response to the complaint within 30 days after summons
is served on him or her.

(4) A notice that, unless the defendant so responds, his or her
default will be entered upon application by the plaintiff, and the
plaintiff may apply to the court for the relief demanded in the
complaint, which could result in garnishment of wages, taking of
money or property, or other relief.

(5) The following statement in boldface type:  “You may seek
the advice of an attorney in any matter connected with the
complaint or this summons. Such attorney should be consulted
promptly so that your pleading may be filed or entered within the
time required by this summons.”

(6) The following introductory legend at the top of the summons
above all other matter, in boldface type, in English and Spanish:

“Notice!  You have been sued.  The court may decide against
you without your being heard unless you respond within 30 days. 
Read information below.”

(b) Each county may, by ordinance, require that the legend
contained in paragraph (6) of subdivision (a) be set forth in every
summons issued out of the courts of that county in any additional
foreign language, if the legend in the additional foreign language
is set forth in the summons in the same manner as required in that
paragraph.

(c) A summons in a form approved by the Judicial Council
complies with this section.

end delete