Amended in Senate July 2, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 555

Introduced by Assembly Member Alejo

February 23, 2015

An act to begin insert amend Sections 630.03 and 630.11 of, to add Chapter 4.6 (commencing with Section 630.20) to Title 8 of Part 2 of, and to end insert repeal Section 630.12 of the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL’S DIGEST

AB 555, as amended, Alejo. Civil actions.

Existing law establishes procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply. Pursuant to these procedures, all parties agree begin insert that each side has up to 3 hours to present its case and agree end insert to waive all rights to appeal and to move for a directed verdict or to make any posttrial motions, except as provided. Existing law repeals these provisions on January 1, 2016.

This bill begin delete would delete that repeal end delete begin insert would modify procedures to provide that each party end insert begin insert have up to 5 hours to complete voir dire and present its case. The bill would require the Judicial Council to update rules and forms relating to these procedures by July 1, 2016. The bill would also delete the January 1, 2016 repeal end insert date, thereby extending the operation of these provisions indefinitely.

begin insert

Existing law requires that a designated action or special proceeding meeting certain conditions be treated as a limited civil case. Existing law authorizes a limited civil case to be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute.

end insert begin insert

The bill would establish procedures for conducting expedited jury trials in limited civil cases, including provisions for a jury of 8 or few members, with no alternates, and a limit of 5 hours for each side to complete voir dire and to present its case. The bill would authorize either party to opt out of the expedited jury trial procedures if certain requirements are met. The bill would provide that the verdict in an expedited jury trial case may be appealed and is subject to any written high/low agreement, as defined. The bill would require the Judicial Council to adopt additional rules and uniform procedures, as provided, by July 1, 2016.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 630.03 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

630.03.  

(a) All parties agreeing to participate in an expedited
jury trial and, if represented, their counsel, shall sign a proposed
consent order granting an expedited jury trial.

(b) Except as provided in subdivision (d), the agreement to
participate in the expedited jury trial process is binding upon the
parties, unless either of the following occurs:

(1) All parties stipulate to end the agreement to participate.

(2) The court, on its own motion or at the request of a party by
noticed motion, finds that good cause exists for the action not to
proceed under the rules of this chapter.

(c) Any agreement to participate in an expedited jury trial under
this chapter may be entered into only after a dispute has arisen and
an action has been filed.

(d) The court shall approve the use of an expedited jury trial
and any high/low agreements or other stipulations for an expedited
jury trial involving either of the following:

(1) A self-represented litigant.

(2) A minor, an incompetent person, or a person for whom a
conservator has been appointed.

(e) The proposed consent order submitted to the court shall
include all of the following:

(1) A preliminary statement that each named party and any
insurance carrier responsible for providing coverage or defense
on behalf of that party, individually identified in the proposed
consent order, have been informed of the rules and procedures for
an expedited jury trial and provided with a Judicial Council
information sheet regarding expedited jury trials, have agreed to
take part in or, in the case of a responsible insurance carrier, not
object to, the expedited jury trial process, and have agreed to all
the specific provisions set forth in the consent order.

(2) The parties’ agreement to all of the following:

(A) That all parties waive all rights to appeal and to move for
directed verdict or make any post-trial motions, except as provided
in Sections 630.08 and 630.09.

(B) That each side shall have up to begin delete three end delete begin insert five end insert hours in which to
begin insert complete voir dire and to end insert present its case.

(C) That the jury shall be composed of eight or fewer jurors
with no alternates.

(D) That each side shall be limited to three peremptory
challenges, unless the court permits an additional challenge in
cases with more than two sides as provided in Section 630.04.

(E) That the trial and pretrial matters will proceed under
subparagraphs (A) to (D), inclusive, and, unless the parties
expressly agree otherwise in the proposed consent order, under all
other provisions in this chapter and in the implementing rules of
court.

(f) The court shall issue the consent order as proposed by the
parties, unless the court finds good cause why the action should
not proceed through the expedited jury trial process, in which case
the court shall deny the proposed consent order in its entirety.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 630.11 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

630.11.  

The Judicial Council shall, on or before begin delete January 1,
2011, adopt end delete begin insert July 1, 2016, update end insert rules and forms to establish
uniform procedures implementing the provisions of this chapter,
including, but not limited to, rules for all of the following:

(a) Additional content of proposed consent orders.

(b) Pretrial exchanges and submissions.

(c) Pretrial conferences.

begin delete

(d) Time limits for jury selection.

end delete begin delete

(e) Time limits for trial, including presentation of evidence and
argument.

end delete begin delete

(f)

end delete

begin insert (d) end insert  Presentation of evidence and testimony.

begin delete

(g)

end delete

begin insert (e) end insert  Any other procedures necessary to implement the provisions
of this chapter.

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 630.12 of the Code of Civil Procedure is
repealed.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Chapter 4.6 (commencing with Section 630.20) is
added to Title 8 of Part 2 of the end insert begin insert Code of Civil Procedure end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4.6. end insert Expedited Jury Trials in Limited Civil Cases

 

begin insert 630.20. end insert   

(a) Except as provided in subdivision (b), an action
or special proceeding treated as a limited civil case pursuant to
Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1
of Part 1, including an action or special proceeding initially filed
as a limited civil case or remanded as one thereafter, shall be
conducted as an expedited jury trial pursuant to this chapter.

(b) Either party may opt out of the expedited jury trial
procedures if any of the following criteria is met:

(1) Punitive damages are sought.

(2) Damages in excess of insurance policy limits are sought.

(3) A party’s insurer is providing a legal defense subject to a
reservation of rights.

(4) The case involves a claim reportable to a governmental
entity.

(5) The case involves a claim of moral turpitude that may affect
an individual’s professional licensing.

(6) The case involves claims of intentional conduct.

(7) The judge finds good cause exists for the action not to
proceed under the rules of this chapter.

(c) A judgment in a limited civil case conducted as an expedited
jury trial may be appealed to the appellate division of the superior
court in which the case was tried.

begin insert 630.21. end insert   

For purposes of this chapter:

(a) “Expedited jury trial” means a jury trial before a reduced
jury panel and a judicial officer.

(b) “High/low agreement” means a written agreement entered
into by the parties that specifies a minimum amount of damages
that a plaintiff is guaranteed to receive from the defendant, and a
maximum amount of damages that the defendant will be liable for,
regardless of the ultimate verdict returned by the jury. Neither the
existence of, nor the amounts contained in, any high/low
agreements may be disclosed to the jury.

(c) “Post-trial motions” does not include motions relating to
costs and attorney’s fees, motions to correct a judgment for a
clerical error, and motions to enforce a judgment.

begin insert 630.22. end insert   

(a) The procedures in this chapter and in the
implementing rules of court shall apply to expedited jury trials
conducted in limited civil cases, unless the parties agree otherwise,
as permitted under subdivision (d) of Section 630.23, and the court
so orders.

(b) Any matters not expressly addressed in this chapter, in the
implementing rules of court, or in an agreement authorized by this
chapter and the implementing rules, are governed by applicable
statutes and rules governing civil actions.

begin insert 630.23. end insert   

The following rules and procedures apply to expedited
jury trials conducted pursuant to their chapter:

(a) Each side shall have up to five hours in which to complete
voir dire and to present its case.

(b) The jury shall be composed of eight jurors, unless the parties
have agreed to fewer jurors.

(c) Each side shall be limited to three peremptory challenges,
unless the court permits an additional challenge in cases with
more than two sides. If there are more than two parties in a case
and more than two sides, as determined by the court under
subdivision (c) of Section 231, the parties may request one
additional peremptory challenge each, which is to be granted by
the court as the interests of justice may require.

(d) The parties may agree to modify the rules and procedures
specified in this chapter and the implementing rules of court,
subject to the court’s approval.

begin insert 630.24. end insert   

Nothing in this chapter is intended to preclude a jury
from deliberating as long as needed.

begin insert 630.25. end insert   

(a) The rules of evidence apply to expedited jury trials
conducted in limited civil cases, unless the parties stipulate
otherwise.

(b) Any stipulation by the parties to use relaxed rules of evidence
shall not be construed to eliminate, or in any way affect, the right
of a witness or party to invoke any applicable privilege or other
law protecting confidentiality.

(c) The right to issue subpoenas and notices to appear to secure
the attendance of witnesses or the production of documents at trial
shall be in accordance with this code.

begin insert 630.26. end insert   

(a) A vote of six of the eight jurors is required for a
verdict, unless the parties stipulate otherwise.

(b) The verdict in a limited civil case following an expedited
jury trial case shall be appealable under subdivision (c) of Section
630.20 and subject to any written high/low agreement or other
stipulations concerning the amount of the award agreed upon by
the parties.

begin insert 630.27. end insert   

All statutes and rules governing costs and attorney’s
fees shall apply in limited civil cases that are conducted as
expedited jury trials, unless the parties stipulate otherwise.

begin insert 630.28. end insert   

The Judicial Council shall, on or before July 1, 2016,
adopt rules and forms to establish uniform procedures
implementing the provisions of this chapter, including, rules for
the following:

(a) Pretrial exchanges and submissions.

(b) Pretrial conferences.

(c) Opt-out procedures pursuant to subdivision (b) of Section
630.20.

(d) Presentation of evidence and testimony.

(e) Any other procedures necessary to implement the provisions
of this chapter.

end insert