BILL NUMBER: AB 1659	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 12, 2014

   An act to amend Section 430.30 of the Code of Civil Procedure,
relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1659, as introduced, Chau. Civil actions: objections to
pleadings.
   Under existing law, a party in a civil action may object to a
complaint, cross-complaint, or answer by demurrer if the ground for
the objection appears on the face of the pleading or is from a matter
of which the court must or may take judicial notice. If the ground
for the objection does not appear on the face of the pleading,
existing law permits the objection to be taken by answer. Existing
law permits a party objecting to a complaint or cross-complaint to
demur and answer at the same time.
   This bill would require that, before filing a demurrer, the
demurring party meet and confer with the opposing party, and file a
declaration with the demurrer showing a reasonable and good faith
attempt at an informal resolution of each issued presented in the
demurrer.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 430.30 of the Code of Civil Procedure is
amended to read:
   430.30.  (a) When any ground for objection to a complaint,
cross-complaint, or answer appears on the face thereof, or from any
matter of which the court is required to or may take judicial notice,
the objection on that ground may be taken by a demurrer to the
pleading.
   (b) When any ground for objection to a complaint or
cross-complaint does not appear on the face of the pleading, the
objection may be taken by answer.
   (c) A party objecting to a complaint or cross-complaint may demur
and answer at the same time. 
   (d) Before filing a demurrer, the demurring party shall meet and
confer with the opposing party and shall file a declaration
concurrently with the demurrer evidencing a reasonable and good faith
attempt to resolve informally each issue presented by the demurrer.