Amended in Senate August 24, 2015

Amended in Senate July 2, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 555


Introduced by Assembly Member Alejo

February 23, 2015


An act to amend Sections 630.03 and 630.11 of,begin insert to amend the heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of,end insert to addbegin insert and repealend insert Chapter 4.6 (commencing with Section 630.20)begin delete toend deletebegin insert ofend insert Title 8 of Part 2 of, and to 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 that each side has up to 3 hours to present its case and agree 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 would modify procedures to provide that each partybegin insert wouldend 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 date, thereby extending the operation of these provisions indefinitely.

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.

The bill would establish procedures for conductingbegin insert mandatoryend insert expedited jury trials in limited civil cases, including provisions for a jury of 8 or few members, withbegin delete no alternates,end deletebegin insert one alternate,end insert 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.

begin insert

The bill would delay the operative date of specified provisions relating to mandatory expedited jury trials until July 1, 2016. The bill would also repeal the provisions relating to mandatory expedited jury trials on July 1, 2019.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. 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 insertThe heading of Chapter 4.5 (commencing with
2Section 630.01) of Title 8 of Part 2 of the end insert
begin insertCode of Civil Procedureend insert
3begin insert is amended to read:end insert

4 

5Chapter  4.5. begin insertVoluntary end insertExpedited Jury Trials
6

 

7

begin deleteSECTION 1.end delete
8begin insertSEC. 2.end insert  

Section 630.03 of the Code of Civil Procedure is
9amended to read:

10

630.03.  

(a) All parties agreeing to participate in an expedited
11jury trial and, if represented, their counsel, shall sign a proposed
12consent order granting an expedited jury trial.

13(b) Except as provided in subdivision (d), the agreement to
14participate in the expedited jury trial process is binding upon the
15parties, unless either of the following occurs:

16(1) All parties stipulate to end the agreement to participate.

P3    1(2) The court, on its own motion or at the request of a party by
2noticed motion, finds that good cause exists for the action not to
3proceed under the rules of this chapter.

4(c) Any agreement to participate in an expedited jury trial under
5this chapter may be entered into only after a dispute has arisen and
6an action has been filed.

7(d) The court shall approve the use of an expedited jury trial
8and any high/low agreements or other stipulations for an expedited
9jury trial involving either of the following:

10(1) A self-represented litigant.

11(2) A minor, an incompetent person, or a person for whom a
12conservator has been appointed.

13(e) The proposed consent order submitted to the court shall
14include all of the following:

15(1) A preliminary statement that each named party and any
16insurance carrier responsible for providing coverage or defense
17on behalf of that party, individually identified in the proposed
18consent order, have been informed of the rules and procedures for
19an expedited jury trial and provided with a Judicial Council
20information sheet regarding expedited jury trials, have agreed to
21take part in or, in the case of a responsible insurance carrier, not
22object to, the expedited jury trial process, and have agreed to all
23the specific provisions set forth in the consent order.

24(2) The parties’ agreement to all of the following:

25(A) That all parties waive all rights to appeal and to move for
26directed verdict or make any post-trial motions, except as provided
27in Sections 630.08 and 630.09.

28(B) That each side shall have up to five hours in which to
29complete voir dire and to present its case.

30(C) That the jury shall be composed of eight or fewer jurors
31with no alternates.

32(D) That each side shall be limited to three peremptory
33challenges, unless the court permits an additional challenge in
34cases with more than two sides as provided in Section 630.04.

35(E) That the trial and pretrial matters will proceed under
36subparagraphs (A) to (D), inclusive, and, unless the parties
37expressly agree otherwise in the proposed consent order, under all
38other provisions in this chapter and in the implementing rules of
39court.

P4    1(f) The court shall issue the consent order as proposed by the
2parties, unless the court finds good cause why the action should
3not proceed through the expedited jury trial process, in which case
4the court shall deny the proposed consent order in its entirety.

5

begin deleteSEC. 2.end delete
6begin insertSEC. 3.end insert  

Section 630.11 of the Code of Civil Procedure is
7amended to read:

8

630.11.  

The Judicial Council shall, on or before July 1, 2016,
9update rules and forms to establish uniform procedures
10implementing the provisions of this chapter, including, but not
11limited to, rules for all of the following:

12(a) Additional content of proposed consent orders.

13(b) Pretrial exchanges and submissions.

14(c) Pretrial conferences.

15(d) Presentation of evidence and testimony.

16(e) Any other procedures necessary to implement the provisions
17of this chapter.

18

begin deleteSEC. 3.end delete
19begin insertSEC. 4.end insert  

Section 630.12 of the Code of Civil Procedure is
20repealed.

21

begin deleteSEC. 4.end delete
22begin insertSEC. 5.end insert  

Chapter 4.6 (commencing with Section 630.20) is
23added to Title 8 of Part 2 of the Code of Civil Procedure, to read:

24 

25Chapter  4.6. begin insertMandatory end insertExpedited Jury Trials in Limited
26Civil Cases
27

 

28

630.20.  

(a) Except as provided inbegin delete subdivision (b),end deletebegin insert subdivisions
29(b) and (c),end insert
an action or special proceeding treated as a limited
30civil case pursuant to Article 1 (commencing with Section 85) of
31Chapter 5.1 of Title 1 of Part 1, including an action or special
32proceeding initially filed as a limited civil case or remanded as
33one thereafter, shall be conducted asbegin delete anend deletebegin insert a mandatoryend insert expedited
34jury trial pursuant to this chapter.

35(b) Either party may opt out of thebegin insert mandatoryend insert expedited jury
36trial procedures if any of the following criteria is met:

37(1) Punitive damages are sought.

38(2) Damages in excess of insurance policy limits are sought.

39(3) A party’s insurer is providing a legal defense subject to a
40reservation of rights.

P5    1(4) The case involves a claim reportable to a governmental
2entity.

3(5) The case involves a claim of moral turpitude that may affect
4an individual’s professional licensing.

5(6) The case involves claims of intentional conduct.

begin insert

6(7) The case has been reclassified as unlimited pursuant to
7Section 403.020.

end insert
begin insert

8(8) The complaint contains a demand for attorney fees, unless
9those fees are sought pursuant to Section 1717 of the Civil Code.

end insert
begin delete

10(7)

end delete

11begin insert(9)end insert The judge finds good cause exists for the action not to
12proceed under the rules of this chapter.begin insert Good cause includes, but
13is not limited to, a showing that a party needs more than five hours
14to present or defend the action and that the parties have been
15unable to stipulate to additional time.end insert

begin insert

16(c) This chapter does not apply to a proceeding in forcible entry
17or forcible or unlawful detainer.

end insert
begin delete

18(c)

end delete

19begin insert(d)end insert A judgment in a limited civil case conducted asbegin delete anend deletebegin insert a
20mandatoryend insert
expedited jury trial may be appealed to the appellate
21division of the superior court in which the case was tried.

22

630.21.  

For purposes of this chapter:

23(a) begin delete“Expedited end deletebegin insert“Mandatory expeditedend insertbegin insert end insertjury trial” means a jury
24trial before a reduced jury panel and abegin delete judicial officer.end deletebegin insert judge,
25conducted pursuant to this chapter.end insert

26(b) “High/low agreement” means a written agreement entered
27into by the parties that specifies a minimum amount of damages
28that a plaintiff is guaranteed to receive from the defendant, and a
29maximum amount of damages that the defendant will be liable for,
30regardless of the ultimate verdict returned by the jury. Neither the
31existence of, nor the amounts contained in, any high/low
32agreements may be disclosed to the jury.

begin delete

33(c) “Post-trial motions” does not include motions relating to
34costs and attorney’s fees, motions to correct a judgment for a
35clerical error, and motions to enforce a judgment.

end delete
36

630.22.  

(a) The procedures in this chapter and in the
37implementing rules of court shall apply tobegin insert mandatoryend insert expedited
38jury trials conducted in limited civil cases, unless the parties agree
39otherwise, as permitted under subdivision (d) of Section 630.23,
40and the court so orders.

P6    1(b) Any matters not expressly addressed in this chapter, in the
2implementing rules of court, or in an agreement authorized by this
3chapter and the implementing rules, are governed by applicable
4statutes and rules governing civil actions.

5

630.23.  

The following rules and procedures apply tobegin insert mandatoryend insert
6 expedited jury trials conducted pursuant tobegin delete theirend deletebegin insert thisend insert chapter:

7(a) Each side shall have up to five hours in which to complete
8voir dire and to present its case.

9(b) The jury shall be composed of eightbegin delete jurors,end deletebegin insert jurors and one
10alternate,end insert
unless the parties have agreed to fewer jurors.

11(c) Each side shall be limited tobegin delete threeend deletebegin insert fourend insert peremptory
12challenges, unless the court permits an additional challenge in
13cases with more than two sides. If there are more than two parties
14in a case and more than two sides, as determined by the court under
15subdivision (c) of Section 231, the parties may request one
16additional peremptory challenge each, which is to be granted by
17the court as the interests of justice may require.

18(d) The parties may agree to modify the rules and procedures
19specified in this chapter and the implementing rules of court,
20subject to the court’s approval.

21

630.24.  

Nothing in this chapter is intended to preclude a jury
22from deliberating as long as needed.

23

630.25.  

(a) The rules of evidence apply tobegin insert mandatoryend insert expedited
24jury trials conducted in limited civil cases, unless the parties
25stipulate otherwise.

26(b) Any stipulation by the parties to use relaxed rules of evidence
27shall not be construed to eliminate, or in any way affect, the right
28of a witness or party to invoke any applicable privilege or other
29law protecting confidentiality.

30(c) The right to issue subpoenas and notices to appear to secure
31the attendance of witnesses or the production of documents at trial
32shall be in accordance with this code.

33

630.26.  

(a) A vote of six of the eight jurors is required for a
34verdict, unless the parties stipulate otherwise.

35(b) The verdict in a limited civil case followingbegin delete anend deletebegin insert a mandatoryend insert
36 expedited jury trial case shall be appealable under subdivision (c)
37of Section 630.20 and subject to any written high/low agreement
38or other stipulations concerning the amount of the award agreed
39upon by the parties.

P7    1

630.27.  

All statutes and rules governing costs and attorney’s
2fees shall apply in limited civil cases that are conducted as
3begin insert mandatoryend insert expedited jury trials, unless the parties stipulate
4otherwise.

5

630.28.  

The Judicial Council shall, on or before July 1, 2016,
6adopt rules and forms to establish uniform procedures
7implementing the provisions of this chapter, including, rules for
8the following:

9(a) Pretrial exchanges and submissions.

10(b) Pretrial conferences.

11(c) Opt-out procedures pursuant to subdivision (b) of Section
12630.20.

13(d) Presentation of evidence and testimony.

14(e) Any other procedures necessary to implement the provisions
15of this chapter.

begin insert
16

begin insert630.29.end insert  

Sections 630.20 to 630.27, inclusive, shall become
17operative on July 1, 2016.

end insert
begin insert
18

begin insert630.30.end insert  

This chapter shall remain in effect only until July 1,
192019, and as of that date is repealed, unless a later enacted statute,
20that is enacted before July 1, 2019, deletes or extends that date.

end insert


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