BILL NUMBER: AB 2586	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 21, 2014

   An act to  amend Section 762 of the Civil Code 
  add Section 218 to the Family Code  , relating to 
property   family law proceedings  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2586, as amended, Bloom.  Fee estates.  
Family law proceedings.  
   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.
 
   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.  
   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.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   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 218 is added to the  
Family Code   , to read:  
   218.  With respect to the ability to conduct formal discovery in
postjudgment family law proceedings, notwithstanding Section 2024.020
or 2024.050 of the Code of Civil Procedure, upon the filing of a
postjudgment motion after an entry of judgment in a dissolution of
marriage, dissolution of domestic partnership, nullity of marriage,
or legal separation of the parties, paternity, or after a permanent
order in any other proceeding in which the issue of visitation,
custody, or support of a child was considered, any party to the
postjudgment motion is 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 scope
of discovery shall be limited to only those issues raised in the
postjudgment pleadings.  
  SECTION 1.    Section 762 of the Civil Code is
amended to read:
   762.  An estate of inheritance is a fee, and a fee estate, when
not defeasible or conditional, is a fee simple or an absolute fee.