BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1735|
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                                      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  








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            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  








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            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  








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          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,  








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            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


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