Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2586

Introduced by Assembly Member Bloom

February 21, 2014

An act tobegin delete amend Section 762 of the Civil Codeend deletebegin insert add Section 218 to the Family Codeend insert, relating tobegin delete propertyend deletebegin insert family law proceedingsend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 2586, as amended, Bloom. begin deleteFee estates. end deletebegin insertFamily law proceedings. end insert

begin insert

Existing law establishes the Civil Discovery Act, which governs the rules and procedures related to discovery in all civil cases, and specifies, among other things, the time for completion of discovery and the scope of discovery. Existing law generally requires discovery proceedings to be complete before the date initially set for the trial of the action. On motion of any party, existing law authorizes the court to grant leave to reopen discovery proceedings. Under existing law, the rules of practice and procedure applicable to civil actions generally apply to, and constitute the rules of practice and procedure in family law proceedings, except to the extent that any other statute or rules adopted by Judicial Council provide otherwise.

end insertbegin insert

This bill would require any party to a postjudgment motion in specified family law proceedings to be entitled as a matter of right and without leave of the court to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date the postjudgment proceeding is set for hearing or evidentiary trial, whichever is later. The bill would limit the scope of discovery to only those issues raised in the postjudgment pleadings.

end insertbegin delete

Existing law provides that an estate of inheritance is a fee, and a fee estate, when not defeasible or conditional, is a fee simple or an absolute fee.

end deletebegin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 218 is added to the end insertbegin insertFamily Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert218.end insert  

With respect to the ability to conduct formal discovery in
3postjudgment family law proceedings, notwithstanding Section
42024.020 or 2024.050 of the Code of Civil Procedure, upon the
5filing of a postjudgment motion after an entry of judgment in a
6dissolution of marriage, dissolution of domestic partnership, nullity
7of marriage, or legal separation of the parties, paternity, or after
8a permanent order in any other proceeding in which the issue of
9visitation, custody, or support of a child was considered, any party
10to the postjudgment motion is entitled, as a matter of right and
11without leave of the court, to complete discovery proceedings on
12or before the 30th day, and to have motions concerning discovery
13heard on or before the 15th day, before the date the postjudgment
14proceeding is set for hearing or evidentiary trial, whichever is
15later. The scope of discovery shall be limited to only those issues
16raised in the postjudgment pleadings.

end insert
begin delete17

SECTION 1.  

Section 762 of the Civil Code is amended to read:

18

762.  

An estate of inheritance is a fee, and a fee estate, when
19not defeasible or conditional, is a fee simple or an absolute fee.

end delete

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