BILL NUMBER: AB 1796	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wilk
   (Coauthor: Assembly Member Wagner)

                        FEBRUARY 4, 2016

   An act to amend Sections 387, 1032, and 1038 of the Code of Civil
Procedure, relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1796, as introduced, Wilk. Civil actions: intervention.
   Under existing law, any person who has an interest in a matter in
litigation, or in the success of either of the parties, or an
interest against both, may intervene in the action or proceeding.
Existing law provides that a third person may become a party to an
action or proceeding between other persons, either by joining the
plaintiff in claiming what is sought by the complaint, uniting with
the defendant in resisting the claims of the plaintiff, or demanding
anything adversely to both the plaintiff and the defendant, by filing
a complaint setting forth the grounds upon which the intervention
rests, as specified.
   This bill would require that a person permitted to intervene file
a complaint, answer, or both, setting forth the grounds upon which
the intervention rests, and would make conforming changes to other
provisions of law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 387 of the Code of Civil Procedure is amended
to read:
   387.  (a) Upon timely application, any  person, 
 person  who has an interest in the matter in litigation, or
in the success of either of the parties, or an interest against
both, may intervene in the action or proceeding. An intervention
takes place when a third person is permitted to become a party to an
action or proceeding between other persons, either by joining the
plaintiff in claiming what is sought by the complaint, or by uniting
with the defendant in resisting the claims of the plaintiff, or by
demanding anything adversely to both the plaintiff and the defendant,
and is made by complaint,  answer, or both,  setting forth
the grounds upon which the intervention rests, filed by leave of the
court and served upon the parties to the action or proceeding who
have not appeared in the same manner as upon the commencement of an
original action, and upon the attorneys of the parties who have
appeared, or upon the party if he has appeared without an attorney,
in the manner provided for service of summons or in the manner
provided by Chapter 5 (commencing with Section 1010) Title 14 of Part
2. A party served with a complaint  or answer  in
intervention may within 30 days after service move, demur, or
otherwise plead to the complaint  or answer  in the same
manner as to an original complaint  or answer  .
   (b) If any provision of law confers an unconditional right to
intervene or if the person seeking intervention claims an interest
relating to the property to transaction which is the subject of the
action and that person is so situated that the disposition of the
action may as a practical matter impair or impede that person's
ability to protect that interest, unless that person's interest is
adequately represented by existing parties, the court shall, upon
timely application, permit that person to intervene.
  SEC. 2.  Section 1032 of the Code of Civil Procedure is amended to
read:
   1032.  (a) As used in this section, unless the context clearly
requires otherwise:
   (1) "Complaint" includes a cross-complaint.
   (2) "Defendant" includes a cross-defendant  or 
 ,  a person against whom a complaint is filed.
  filed, or a party who files an answer in intervention.

   (3) "Plaintiff" includes a cross-complainant or a party who files
a complaint in intervention.
   (4) "Prevailing party" includes the party with a net monetary
recovery, a defendant in whose favor a dismissal is entered, a
defendant where neither plaintiff nor defendant obtains any relief,
and a defendant as against those plaintiffs who do not recover any
relief against that defendant.  When   If 
any party recovers other than monetary relief and in situations other
than as specified, the "prevailing party" shall be as determined by
the court, and under those circumstances, the court, in its
discretion, may allow costs or not and, if allowed  ,  may
apportion costs between the parties on the same or adverse sides
pursuant to rules adopted under Section 1034.
   (b) Except as otherwise expressly provided by statute, a
prevailing party is entitled as a matter of right to recover costs in
any action or proceeding.
   (c) Nothing in this section shall prohibit parties from
stipulating to alternative procedures for awarding costs in the
litigation pursuant to rules adopted under Section 1034.
  SEC. 3.  Section 1038 of the Code of Civil Procedure is amended to
read:
   1038.  (a) In any civil proceeding under the Government Claims Act
(Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code) or for express or implied indemnity or for
contribution in any civil action, the court, upon motion of the
defendant or cross-defendant, shall, at the time of the granting of
any summary judgment, motion for directed verdict, motion for
judgment under Section 631.8, or any nonsuit dismissing the moving
party other than the plaintiff, petitioner, cross-complainant, or
intervenor, or at a later time set forth by rule of the Judicial
Council adopted under Section 1034, determine whether or not the
plaintiff, petitioner, cross-complainant, or intervenor brought the
proceeding with reasonable cause and in the good faith belief that
there was a justifiable controversy under the facts and law which
warranted the filing of the complaint, petition, cross-complaint, or
complaint  or answer  in intervention. If the court should
determine that the proceeding was not brought in good faith and with
reasonable cause, an additional issue shall be decided as to the
defense costs reasonably and necessarily incurred by the party or
parties opposing the proceeding, and the court shall render judgment
in favor of that party in the amount of all reasonable and necessary
defense costs, in addition to those costs normally awarded to the
prevailing party. An award of defense costs under this section shall
not be made except on notice contained in a party's papers and an
opportunity to be heard.
   (b) "Defense costs," as used in this section, shall include
reasonable  attorneys'   attorney   's
 fees, expert witness fees, the expense of services of experts,
advisers, and consultants in defense of the proceeding, and where
reasonably and necessarily incurred in defending the proceeding.
   (c) This section shall be applicable only on motion made 
prior to   before  the discharge of the jury or
entry of judgment, and any party requesting the relief pursuant to
this section waives any right to seek damages for malicious
prosecution. Failure to make the motion shall not be deemed a waiver
of the right to pursue a malicious prosecution action.
   (d) This section shall only apply if the defendant or
cross-defendant has made a motion for summary judgment, judgment
under Section 631.8, directed verdict, or nonsuit and the motion is
granted.