BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2747
Author: Assembly Judiciary Committee
Amended: 8/19/14 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-2, 6/24/14
AYES: Jackson, Corbett, Lara, Leno, Monning
NOES: Anderson, Vidak
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 53-19, 5/23/14 - See last page for vote
SUBJECT : Civil law: omnibus bill
SOURCE : Author
DIGEST : This is the Assembly Committee on Judiciary's civil
omnibus bill, which enacts assorted changes in various
provisions of law. In order to be included in this bill, each
provision is not so substantive as to be more appropriate for a
stand-alone bill.
Senate Floor Amendments of 8/19/14 add double-jointing language
to prevent chaptering out issues with AB 1981 (Brown).
ANALYSIS : Existing law, the Uniform Electronic Transactions
Act, generally allows parties to contract to conduct
transactions by electronic means, imposes specified requirements
on electronic transactions, but does not apply to specific
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transactions, including a transaction regarding security for a
rental agreement for residential property that is used as the
dwelling of the tenant.
This bill removes those security transactions from the list of
transactions to which the Uniform Electronic Transactions Act
does not apply.
Existing law governs contracts between vehicle rental companies
and their customers and, until January 1, 2015, requires a
rental company or its registered agent to accept service of a
summons and complaint and any other required documents against a
renter who resides out of this country for an accident or
collision resulting from the operation of the rental vehicle in
this state, if the rental company provides liability insurance
coverage as part of, or associated with, the rental agreement.
Requires any plaintiff who elects to serve the foreign renter by
delivering the summons and complaint and any other required
documents to the rental company pursuant to these provisions to
agree to limit his/her recovery against the foreign renter and
rental company to the limits of the protection of the liability
insurance.
This bill extends these requirements until January 1, 2020.
Existing law authorizes a tenant who has made a payment to a
public utility or publicly owned utility to deduct the amount of
the payment from the rent when due, as specified.
This bill additionally authorizes a tenant who has made a
payment to a district for public utility service to deduct the
amount of the payment from the rent when due, as specified.
Existing law authorizes a tenant or subtenant, in any action for
unlawful detainer resulting from a foreclosure sale of a rental
housing unit pursuant to specified provisions, to file a
prejudgment claim of right of possession or to object to
enforcement of a judgment for possession, regardless of whether
the tenant or subtenant was served with a prejudgment claim of
right to possession, as specified.
This bill makes conforming changes to statutory provisions and
statutory forms regarding claim of right to possession and
prejudgment claim of right to possession.
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Existing law, known as the Unclaimed Property Law, provides for
the escheat to the state of, among other property, certain
personal property held or owing in the ordinary course of the
holder's business. Declares the intent of the Legislature, to
adopt a more expansive notification component as part of the
unclaimed property program that has a waiting period of not less
than 18 months from delivery of property to the state prior to
disposal of any unclaimed property deemed to have no commercial
value.
This bill modifies the declaration of legislative intent to
provide for a seven-year waiting period from delivery of
property to the state prior to the disposal of unclaimed
property. This bill also updates an obsolete reference.
Existing law requires the party noticing a deposition to bear
the cost of stenographically transcribing the deposition, unless
the court, on motion and for good cause shown, orders that the
cost be borne or shared by another party. Provides that any
other party or the deponent is authorized to obtain a copy of
the transcript at the expense of that party or deponent.
Existing law also requires the requesting attorney or party
appearing in propria persona to timely pay the deposition
officer or the entity providing the services of the deposition
officer for the transcription or copy of the transcription and
any other requested deposition product or service, as defined.
This bill prohibits a specified court ruling from being
construed to alter the standards by which a court acquires
personal jurisdiction over a nonparty to an action.
Existing law governs the admissibility of evidence in court
proceedings and permits a person to claim an evidentiary
privilege for confidential communications between that person
and a specified individual, including, but not limited to, a
lawyer, physician, clergy member, sexual assault counselor, and
domestic violence counselor, among others, and the communication
is presumed to have been made in confidence with the burden
lying with the opponent of the claim of privilege to rebut the
presumption.
Existing law recognizes a lawyer referral service-client
privilege and a human trafficking caseworker-victim privilege,
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but does not extend the presumption of confidentiality to
communications between those parties. Provides that the right
to claim the evidentiary privilege for confidential
communications is waived if, any holder of the privilege has,
without coercion, disclosed a significant part of the
communication or consented to disclosure of the communication,
as specified.
This bill provides that the communications made between a client
and a lawyer referral service, and between a victim and a human
trafficking counselor, are also presumed to be confidential,
such that the opponent of the privilege would have the burden to
rebut the presumption.
This bill provides that the evidentiary privilege for
confidential communications made between a victim, as defined,
and a human trafficking counselor are presumed to have been made
in confidence, and applies the above-described waiver provision
to the disclosure of those communications.
This bill makes technical, non-substantive changes related to
these provisions.
Existing law authorizes the county clerk to issue a confidential
marriage license upon the personal appearance together of the
parties to be married, except as specified, and their payment of
certain fees. Provides that a confidential marriage license is
valid only for a period of 90 days after its issuance by the
county clerk, and requires that it be used, only in the county
in which it was issued.
This bill deletes the requirement that a confidential marriage
license only be used in the county in which it was issued.
Existing law governs the tort liability and immunity of, and
claims and actions against, a public entity. Existing law
provides that neither a public entity nor a public employee is
liable to a person who participates in a hazardous recreational
activity, defined to include, among other things, bicycle racing
or jumping and mountain bicycling.
This bill includes bicycle motocross within the definition of a
hazardous recreational activity.
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Existing law requires the official bond of the Secretary of
State (SOS) to be filed in the office of the Treasurer after it
is recorded.
This bill repeals that provision.
Existing law exempts the state, any county, city, district, or
other political subdivision, any public officer or body, acting
in his/her official capacity on behalf of the state, county,
city, district, or other district or other political
subdivision, from paying or depositing any fee for the filing of
any document or paper, for the performance of any official
service, or for the filing of any stipulation or agreement which
may constitute an appearance in any court by any other party to
the stipulation or agreement, except as specified.
This bill exempts a probate referee acting in his/her official
capacity upon designation by the court and who performs any act
authorized or required pursuant to the Probate Code from paying
or depositing a fee for the filing of any document, paper,
report, supplemental report, or objection in any proceeding that
may constitute an appearance by a party to a legal proceeding.
Existing law authorizes the SOS to refuse to appoint any person
as a notary public or may revoke or suspend the commission of
any notary public upon a list of specified grounds, including
failure to discharge fully and faithfully any of the duties or
responsibilities required of a notary public.
Existing law provides that a violation of specified acts
committed by a notary public is punishable by a civil penalty
not to exceed $1,500, and a violation of other specified acts,
including a negligent violation of the failure to discharge
fully and faithfully any of the duties or responsibilities
required of a notary public is punishable by a civil penalty not
to exceed $750.
This bill adds to the list of acts punishable by a civil penalty
of not more than $1,500 a willful violation of the failure to
discharge fully and faithfully any of the duties or
responsibilities required of a notary public.
Existing law provides that whenever a district, as defined,
furnishes residential light, heat, water, or power through a
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master meter, or furnishes individually metered service in a
multiunit residential structure, mobilehome park, or farm labor
camp where the owner, manager, or farm labor employer is listed
by the district as the customer of record, the district is
required to make every good faith effort to inform the actual
users of the services, by means of a specified notice, when the
account is in arrears, that service will be terminated at least
10 days prior to termination and further provides for the
district to make service available to actual users who are
willing and able to assume responsibility for the entire
account.
This bill additionally requires a district to provide that
notice to actual users in a single-family dwelling.
This bill requires that the notice be written in English,
Spanish, Chinese, Tagalog, Vietnamese, and Korean.
Existing law directs, as specified, superior courts to deposit
fees and fines into a bank account established by the
Administrative Office of the Courts.
This bill makes minor technical revisions to those provisions.
Existing law requires a court to grant an initial fee waiver at
any stage of the proceedings at both the appellate and trial
court levels if an applicant meets the standards of eligibility
and application requirements, and excuses the applicant from
paying fees for the first pleading or other paper, and other
courts fees, as specified.
Existing law requires a court to initially grant permission to
proceed without paying court fees and costs because of an
applicant's financial condition to a specified list of persons.
This bill also authorizes a fee waiver for assessments for court
investigations regarding guardianship and conservatorship
proceedings, and authorizes the court to collect all or part of
any fees waived from the estate of the conservatee or ward, if
the court finds that the estate has the ability to pay the fees,
or a portion thereof, immediately, over a period of time, or
under some other equitable agreement, without using monies that
normally would pay for the common necessaries of life for the
applicant and the applicant's family.
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This bill further provides that a conservatee, ward, or person
for whom a conservatorship or guardianship is sought, be deemed
the "applicant," and the conservator, guardian, or person or
persons seeking to establish the conservatorship or
guardianship, be deemed the "petitioner." In those cases, this
bill requires the petitioner to complete all forms and provide
all information required to in connection with a fee waiver.
This bill also makes conforming changes to the list of
applicants that qualify for fee waivers.
Existing law authorizes a residential care facility for the
elderly that cares for people with dementia, upon the filing of
emergency regulations with the SOS, to utilize secured perimeter
fences or locked exit doors, if it meets the requirements for
additional safeguards required by those regulations.
This bill makes non-substantive and technical changes to those
provisions.
Existing law authorizes a county to establish an interagency
domestic violence death review team to assist local agencies in
identifying and reviewing domestic violence deaths, and
authorizes the confidential disclosure by an individual or
agency of written or oral information, including those that are
subject to the evidentiary privilege for confidential
communications, as specified.
This bill authorizes the confidential disclosure of
communications protected by the human trafficking
caseworker-victim privilege. This bill also revises a
cross-reference in this provision.
Existing law provides for the nomination of a conservator for a
proposed conservatee by a spouse, domestic partner, or an adult
child, parent, brother, or sister of the proposed conservatee.
This bill updates cross-references in these provisions and makes
other minor technical corrections.
Existing law governs the disposal of a decedent's estate by
intestate succession and declares that the surviving spouse or
surviving domestic partner is entitled to a specified share of
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the decedent's separate property that is not effectively
disposed of by will.
This bill updates this provision by deleting the cross-reference
to a surviving domestic partner.
Existing law, the California Environmental Quality Act (CEQA),
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report (EIR) on a project that it proposes to carry out or
approve that may have a significant effect on the environment or
to adopt a negative declaration if it finds that the project
will not have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that may
have a significant effect on the environment if revisions in the
project would avoid or mitigate that effect and there is no
substantial evidence that the project, as revised, would have a
significant effect on the environment.
Existing law, the Jobs and Economic Improvement Through
Environmental Leadership Act of 2011(Act), establishes until
January 1, 2017, alternative procedures for creating the
administrative record and specified judicial review procedures
for the judicial review of the EIR and approvals granted for a
leadership project related to the development of a residential,
retail, commercial, sports, cultural, entertainment, or
recreational use project, or clean renewable energy or clean
energy manufacturing project. That Act authorizes the Governor,
upon application, to certify a leadership project for
streamlining pursuant to the Act if certain conditions are met.
That Act also requires the Judicial Council to report to the
Legislature on or before January 1, 2015, on the effects of the
Act, including specific information on benefits, costs, and
detriments.
This bill requires instead that the Judicial Council report to
the Legislature on or before January 1, 2017, on the effects of
the Act on the administration of justice.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California
Work Opportunity and Responsibility to Kids (CalWORKs) program
using federal Temporary Assistance to Needy Families block grant
program, state, and county funds. Under the CalWORKs program, a
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county may make a restricted payment directly to a vendor when a
recipient of homeless assistance benefits has mismanaged funds
or has requested the restricted payment.
Existing law authorizes a county, or two or more counties, to
implement three-year CalWORKs demonstration projects to test
alternative methods of service delivery, if the county receives
approval from the Director of Social Services. Existing law
limits the duration of this demonstration project to a period of
not more than three years. Existing law authorizes the Director
to conduct a demonstration project in Kern County pertaining to
restricted payments under the CalWORKs program.
This bill repeals the provisions authorizing that demonstration
project in Kern County.
This bill makes other changes in various areas of civil law.
This bill contains double-jointing language to prevent
chaptering out issues with AB 1981 (Brown).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/20/14)
California Secretary of State
California State Controller
California Apartment Association
California Association of Clerks and Election Officials
California Association of Joint Powers Authorities
California Law Revision Commission
Conference of California Bar Associations
Consumer Attorneys of California
Deposition Reporters Association of California
Judicial Council of California
ASSEMBLY FLOOR : 53-19, 5/23/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chesbro, Cooley,
Dababneh, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia,
Gatto, Gomez, Gonzalez, Gordon, Gray, Hagman, Hall, Holden,
Jones-Sawyer, Levine, Lowenthal, Medina, Mullin, Muratsuchi,
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Nazarian, Pan, Perea, John A. Pérez, Quirk, Quirk-Silva,
Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting,
Weber, Wieckowski, Williams, Yamada, Atkins
NOES: Allen, Bigelow, Chávez, Conway, Dahle, Donnelly, Beth
Gaines, Grove, Jones, Linder, Logue, Maienschein, Mansoor,
Melendez, Olsen, Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Achadjian, Bonilla, Gorell, Harkey, Roger
Hernández, Nestande, V. Manuel Pérez, Vacancy
AL:e 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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