BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 315
          Author:   Lieu (D)
          Amended:  4/30/13
          Vote:     21


           SENATE JUDICIARY COMMITTEE  :  6-0, 5/7/13
          AYES:  Evans, Anderson, Corbett, Jackson, Leno, Monning
          NO VOTE RECORDED:  Walters


           SUBJECT  :    Civil actions:  telephonic appearances

           SOURCE  :     Consumer Attorneys of California


           DIGEST  :    This bill expands the circumstances under which the  
          courts permit that a party may appear by telephone to include  
          all conferences, hearings, and proceedings, except a trial and a  
          trail readiness conference.

           ANALYSIS  :    

          Existing law:

          1.Existing Rule of Court defines "general civil case" to mean  
            all civil cases except probate, guardianship, conservatorship,  
            juvenile, and family law proceedings (including proceedings  
            under Divisions 6-9 of the Family Code, Uniform Parentage Act,  
            Domestic Violence Prevention Act, and Uniform Interstate  
            Family Support Act; freedom from parental custody and control  
            proceedings; and adoption proceedings), small claims  
            proceedings, unlawful detainer proceedings, and "other civil  
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            petitions" described as specified.

          2.Provides that in all general civil cases, as specified, a  
            party that has provided notice may appear by telephone at  
            certain conferences, hearings, and proceedings.

          3.Permits the court to require a party to appear in person at a  
            hearing, conference, or proceeding listed above if the court  
            determines on a hearing-by-hearing basis that a personal  
            appearance would materially assist in the determination of the  
            proceedings or in the effective management or resolution of  
            the particular case.

          This bill:

          1.Replaces the list of conferences, hearings, and proceedings  
            for which a party may currently appear by telephone to instead  
            provide that in all general civil cases, as defined in the  
            California Rules of Court, a party that has provided notice  
            may appear by telephone at any conference, hearing, or  
            proceeding, except a trial or trial readiness conference.   
            This bill will not modify the ability for a court to require a  
            party to appear on a hearing-to-hearing basis under existing  
            law.

          2.Makes other conforming changes.

           Background
           
          In 2007, AB 500 (Lieu, Chapter 268, Statutes of 2007), sought to  
          address the lack of uniformity in courts' practices in allowing  
          attorneys to appear by telephone at various conferences and  
          hearings, and a strong concern of both plaintiffs' and defense  
          bars that disparate court practices result in attorneys being  
          required to attend court hearings and conferences in person when  
          a telephonic appearance would have been sufficient.  Those  
          stakeholders noted that requiring personal appearances in such  
          cases was inefficient, expensive, and burdensome.  As a result,  
          that bill was enacted to expand upon the types of proceedings at  
          which telephonic appearances could be made by parties.

           Prior Legislation

           AB 1582 (Wagner, 2012), among other things, would have added to  







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          the list of conferences, hearings, and proceedings for which  
          telephonic appearances are permitted.  This bill died in  
          Assembly Judiciary Committee.

          AB 500 (Lieu, Chapter 268, Statutes of 2007), (See Background).

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  5/9/13)

          Consumer Attorneys of California (source) 
          Conference of California Bar Associations

          ARGUMENTS IN SUPPORT  :    According to the author's office, the  
          use of telephonic appearances has existed in California since  
          1987 - Cal[.] Gov[.] Code [Sec.] 68070.1 (repealed by Chapter  
          268).  The existing law is wide[ly] used with much success.  SB  
          315 builds upon the existing provisions relating to telephonic  
          appearances and further liberalizes their usage.  It permits a  
          party in a general civil case that has provided notice, to  
          appear by telephone at certain hearings and proceedings.


          (AL:nl):ej  5/10/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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