BILL ANALYSIS                                                                                                                                                                                                    Ó



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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          555 (Alejo)


          As Amended  August 26, 2015


          Majority vote


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          |ASSEMBLY:  |79-0  |(April 13,     |SENATE: |40-0  | (September 1,   |
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          Original Committee Reference:  JUD.


          SUMMARY:  Extends the provisions of the Expedited Jury Trials  
          Act indefinitely.  Specifically, this bill repeals the January  
          1, 2016, sunset date of the Expedited Jury Trials Act and adds a  
          new Mandatory Expedited Jury Trial program. 


          The Senate amendments: 


          1)Make the Expedited Jury Trial process mandatory for cases  
            where the amount in controversy is less than or equal to  
            $25,000, with certain exceptions.
          2)Provide for a six-month delayed implementation date for  
            Judicial Council to develop rules and forms, and a sunset date  
            of July 1, 2019.


          3)Specify a time limit of up to five hours for each party to  








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            complete voir dire and to present its case; 


          4)Update the requirement in existing law for Judicial Council to  
            adopt rules and forms to establish uniform procedures to  
            reflect removal of the sunset date; and


          5)Eliminate, because of 3) above, the requirement for Judicial  
            Council to adopt rules for time limits for jury selection and  
            presentation of evidence and argument. 


          EXISTING LAW:   


          1)Provides, until January 1, 2016, the Expedited Jury Trial Act  
            (Act), which allows an expedited jury trial (EJT) in a civil  
            matter after a dispute has arisen and an action has been filed  
            when all parties agree to participate and, if represented,  
            their respective counsel sign a proposed consent order  
            granting an expedited jury trial.  
          2)Provides that, except as specifically authorized in the Act,  
            the implementing rules, or in a consent order authorized  
            therein, the applicable statutes and rules governing civil  
            actions apply.  


          3)Allows the parties to exercise only three peremptory  
            challenges and to request one additional peremptory challenge  
            each, which is to be granted by the court as the interests of  
            justice may require, and prescribes that a jury may deliberate  
            as long as needed.  


          4)Provides that the rules of evidence apply in expedited jury  
            trials, unless the parties stipulate otherwise.  


          5)Greatly limits the ability of the parties to obtain  
            post-verdict relief such as directed verdicts, motions to set  
            aside the verdict, or motions for a new trial.  








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          6)Requires the Judicial Council, on or before January 1, 2011,  
            to adopt rules and forms to establish uniform procedures  
            implementing the provisions for expedited jury trials


          7)Defines various purposes of and terms used in the Act.  


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  The author explains the reason for the bill as  
          follows: 


               The expedited jury trial (EJT) option was executed in  
               2011 to help courts deal with overloaded dockets that  
               were the result of major budget cuts and courtroom  
               closures.  EJTs are ideal for cases involving smaller  
               dollar amounts that do not involve catastrophic  
               injuries, cases that often affect lower-income  
               workers.  These cases are prone to being lost in the  
               system and leaving vulnerable Californians without  
               compensation.  The EJT statute is set to sunset  
               January 1, 2016.


          Effectiveness of the EJT Program in Streamlining Trial Court  
          Congestion.  The goal of the EJT in California has been to  
          promote the speedy and economical resolution of civil cases in  
          order to conserve judicial resources.  Participation has been  
          completely voluntary.  The applicable rules of procedure have  
          been designed to be flexible and a reduced jury size is employed  
          in the trials.  The trials are completed in approximately one  
          day.  However, since its January 1, 2011, inception date, this  
          new trial option has not been used as frequently as originally  
          anticipated.  










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          According to an informational report submitted to the Judicial  
          Council on January 30, 2015, 39 of the 58 counties reported data  
          on the use (or non-use) of EJTs in their superior courts from  
          January 1, 2011, to August 31, 2014.  Of those 39 counties, 25  
          reported that no EJTs had been conducted during the reporting  
          period.  The 14 remaining counties reported that one or more  
          EJTs were conducted during the reporting period.  A compilation  
          of the figures from those 14 counties shows that a total of 156  
          EJTs were conducted during the entire reporting period.  For  
          individual courts, the percentage of EJTs ranged from 2% to 9%  
          of the jury trials conducted during the reporting period.


          A Need for Adjustments to the Act's Existing Provisions by  
          Practitioners.  Taking into consideration the small percentage  
          of jury trials which have been conducted pursuant to the EJT  
          program, an informal working group has been formed to discuss  
          how the program could become more attractive to parties and more  
          beneficial to the overburdened court system.  The working group  
          consists of many of the same stakeholders who urged enactment of  
          the Expedited Jury Trials Act in 2011.  The provisions of this  
          bill are the result of that EJT working group.


          According to the sponsor, the Consumer Attorneys of California,  
          the EJT format provides resolution of cases while saving time,  
          expense and court resources.  


          Analysis Prepared by:                                             
                          Alison Merrilees / JUD. / (916) 319-2334  FN:  
          0001753


















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