BILL NUMBER: AB 1659 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2014
INTRODUCED BY Assembly Member Chau
FEBRUARY 12, 2014
An act to amend Section 430.30 Sections
629, 659a, and 663a of the Code of Civil Procedure, relating to
civil procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 1659, as amended, Chau. Civil actions: objections to
pleadings post-verdict motions .
Existing law establishes procedures by which a court, either on
its own motion or on motion of a party against whom a verdict has
been rendered, may render judgment in favor of the aggrieved party
notwithstanding the verdict. Existing law also establishes the
procedures by which a party to a court action may make a motion to
set aside and vacate a judgment.
This bill would require that the moving, opposing, and reply
briefs and accompanying documents in support or opposition to a
motion for judgment notwithstanding the verdict or in support or
opposition to a motion to set aside and vacate a judgment be served
and filed in accordance with the deadlines applicable to a motion for
new trial.
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 629 of the Code of
Civil Procedure is amended to read:
629. The (a) The
court, before the expiration of its power to rule on a motion
for a new trial, either of its own motion, after five days' notice,
or on motion of a party against whom a verdict has been rendered,
shall render judgment in favor of the aggrieved party notwithstanding
the verdict whenever a motion for a directed verdict for the
aggrieved party should have been granted had a previous motion been
made.
A
(b) A motion for judgment
notwithstanding the verdict shall be made within the period specified
by Section 659 of this code in respect of
for the filing and serving service
of a notice of intention to move for a new trial.
The moving, opposing, and reply briefs and any
accompanying documents shall be filed and served within the periods
specified by Section 659a and the hearing on the motion shall be set
in the same manner as the hearing on a motion for new trial under
Section 660. The making of a motion for judgment
notwithstanding the verdict shall not extend the time within which a
party may file and serve notice of intention to move for a new trial.
The court shall not rule upon the motion for judgment
notwithstanding the verdict until the expiration of the time within
which a motion for a new trial must be served and filed, and if a
motion for a new trial has been filed with the court by the aggrieved
party, the court shall rule upon both motions at the same time. The
power of the court to rule on a motion for judgment notwithstanding
the verdict shall not extend beyond the last date upon which it has
the power to rule on a motion for a new trial. If a motion for
judgment notwithstanding the verdict is not determined before
such that date, the effect shall be a
denial of such that motion without
further order of the court.
If
(c) If the motion for judgment
notwithstanding the verdict be is
denied and if a new trial be is denied,
the appellate court shall, when it appears that the motion for
judgment notwithstanding the verdict should have been granted, order
judgment to be so entered on appeal from the judgment or from the
order denying the motion for judgment notwithstanding the verdict.
Where
(d) If a new trial is granted to
the party moving for judgment notwithstanding the verdict, and the
motion for judgment notwithstanding the verdict is denied, the order
denying the motion for judgment notwithstanding the verdict shall
nevertheless be reviewable on appeal from said
that order by the aggrieved party. If the court grants the
motion for judgment notwithstanding the verdict or of its own motion
directs the entry of judgment notwithstanding the verdict and
likewise grants the motion for a new trial, the order granting the
new trial shall be effective only if, on appeal, the judgment
notwithstanding the verdict is reversed, and the order granting a new
trial is not appealed from or, if appealed from, is affirmed.
SEC. 2. Section 659a of the Code of
Civil Procedure is amended to read:
659a. Within 10 days of filing the notice, the moving party shall
serve upon all other parties and file any affidavits
intended to be used upon such motion. Such brief and
accompanying documents, including affidavits in support of the
motion. The other parties shall have ten
10 days after such that
service within which to serve upon the moving party and file any
opposing briefs and accompanying documents, including
counter-affidavits. The time herein specified
The moving party shall have five days after that service to file any
reply brief and accompanying documents. These deadlines
may, for good cause shown by affidavit or by written
stipulation of the parties, be extended by any judge for an
additional period of not exceeding 20 period
not to exceed 10 days.
SEC. 3. Section 663a of the Code of
Civil Procedure is amended to read:
663a. (a) A party intending to make a motion to set aside and
vacate a judgment, as described in Section 663, shall file with the
clerk and serve upon the adverse party a notice of his or her
intention, designating the grounds upon which the motion will be
made, and specifying the particulars in which the legal basis for the
decision is not consistent with or supported by the facts, or in
which the judgment or decree is not consistent with the special
verdict, either:
(1) After the decision is rendered and before the entry of
judgment.
(2) Within 15 days of the date of mailing of notice of entry of
judgment by the clerk of the court pursuant to Section 664.5, or
service upon him or her by any party of written notice of entry of
judgment, or within 180 days after the entry of judgment, whichever
is earliest.
(b) Except as otherwise provided in Section 12a, the power of the
court to rule on a motion to set aside and vacate a judgment shall
expire 60 days from the mailing of notice of entry of judgment by the
clerk of the court pursuant to Section 664.5, or 60 days after
service upon the moving party by any party of written notice of entry
of the judgment, whichever is earlier, or if that notice has not
been given, then 60 days after filing of the first notice of
intention to move to set aside and vacate the judgment. If that
motion is not determined within the 60-day period, or within that
period, as extended, the effect shall be a denial of the motion
without further order of the court. A motion to set aside and vacate
a judgment is not determined within the meaning of this section until
an order ruling on the motion is (1) entered in the permanent
minutes of the court, or (2) signed by the judge and filed with the
clerk. The entry of an order to set aside and vacate the judgment in
the permanent minutes of the court shall constitute a determination
of the motion , even though that minute order, as
entered, expressly directs that a written order be prepared, signed,
and filed. The minute entry shall, in all cases, show the date on
which the order actually is entered in the permanent minutes, but
failure to comply with this direction shall not impair the validity
or effectiveness of the order.
(c) The provisions of Section 1013 extending the time for
exercising a right or doing an act where service is by mail shall not
apply to extend the times specified in paragraphs (1) and (2) of
subdivision (a).
(d) The moving, opposing, and reply briefs and any accompanying
documents shall be filed and served within the periods specified by
Section 659a and the hearing on the motion shall be set in the same
manner as the hearing on a motion for new trial under Section 660.
(d)
(e) An order of the court granting a motion may be
reviewed on appeal in the same manner as a special order made after
final judgment.
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.