BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1735| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 1735 Author: Waldron (R) Amended: 4/21/16 in Assembly Vote: 21 SENATE JUDICIARY COMMITTEE: 7-0, 6/14/16 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski ASSEMBLY FLOOR: 76-0, 5/2/16 (Consent) - See last page for vote SUBJECT: Dissolution of marriage: bifurcated judgment: service SOURCE: California Conference of Bar Associations DIGEST: This bill requires, in cases where issues have been bifurcated for separate trial, that service be on the attorney record for represented parties or on the parties themselves if unrepresented. In actions where a pleading has not been filed in the six months after the entry of a bifurcated judgment, this bill requires service to be upon both the party and the attorney of record. ANALYSIS: Existing law: 1)Provides that the attorney in an action may be changed at any time before or after judgment or final determination, if AB 1735 Page 2 consented to by both the client and the attorney, and filed with the clerk or entered into the minutes. (Code Civ. Proc. Sec. 284.) 2)Provides that, when an attorney is changed, as provided above, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party. Until then he must recognize the former attorney. (Code Civ. Proc. Sec. 285.) 3)Provides that an attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void or voidable marriage, or for the support, maintenance or custody of minor children may withdraw at any time subsequent to the time when any judgment in such action or proceeding, other than an interlocutory judgment, becomes final, and prior to service upon a party of pleadings or motion papers in any proceeding then pending in said cause, by filing a notice of withdrawal. Such notice shall state: (a) date of entry of final decree or judgment; (b) the last known address of such party; and (c) that such attorney withdraws as attorney for such party. A copy of such notice shall be mailed to such party at his last known address and shall be served upon the adverse party. (Code Civ. Proc. Sec. 285.1.) 4)Prohibits an attorney from communicating directly or indirectly with a party he or she knows to be represented by another lawyer in the matter, unless the attorney has the consent of the other lawyer. (California Rules of Professional Conduct, 2-100.) 5)Requires that after entry of a judgment or permanent order, as specified, under the Family Code, no modification of the judgment or order, and no subsequent order in the proceedings, is valid unless prior notice is served upon the party. Existing law additionally provides that for the purposes of this requirement, service upon the attorney of record is not AB 1735 Page 3 sufficient, and allows for notice to modify an order to be served on a party by first-class mail or airmail, postage prepaid, with an address verification. (Fam. Code Sec. 215.) This bill: 1)Creates an exception to the provision immediately above by allowing service upon the attorney of record in matters where a court has ordered an issue or issues bifurcated for separate trial in advance of the disposition of the entire case. Specifically, this bill provides that service of a motion on any outstanding matter shall be served either upon the attorney of record, if the parties are represented, or upon the parties, if unrepresented. 2)Provides that, in the event that no pleading has been filed in the action for a period of six months after the entry of the bifurcated judgment, service shall be upon both the party, at the party's last known address, and the attorney of record. Background In contested divorces involving complex issues, such as property or custody disputes, it may take years before a divorce is finalized. Bifurcation of a divorce proceeding allows a court to issue a judgment of dissolution as to marital status only, thereby preserving the other issues (e.g., custody and visitation of minor children, economic rights, community property interests, healthcare rights, and retirement interests) until those matters are heard and division of the community assets is finally adjudged. Bifurcation is most common when one or both parties want to remarry prior to the divorce being finalized. This bill, sponsored by the California Commission of Bar Associations, seeks to clarify notice requirements related to AB 1735 Page 4 the outstanding issues when parties have been granted bifurcation in a dissolution proceeding. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified6/17/16) California Conference of Bar Associations (source) OPPOSITION: (Verified6/17/16) None received ARGUMENTS IN SUPPORT: According to the author: In bifurcated judgment cases, the judgment resolves just one aspect of the case, often dissolution, and the matter still must proceed to a final judgment on one or more additional issues - e.g., property allocation, support, custody, etc. In these cases, service on the non-moving party, and not on his or her attorney, as would otherwise be required, increases confusion and costs. It also may cause some motions to "fall through the cracks" in that the parties may not notify counsel of receipt of these time sensitive documents in a timely manner, if counsel is notified at all. ASSEMBLY FLOOR: 76-0, 5/2/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, AB 1735 Page 5 Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon NO VOTE RECORDED: Beth Gaines, Roger Hernández, Ridley-Thomas, Williams Prepared by:Nichole Rapier / JUD. / (916) 651-4113 6/17/16 15:03:40 **** END ****