BILL NUMBER: SB 383	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 17, 2015
	AMENDED IN ASSEMBLY  JULY 9, 2015
	AMENDED IN SENATE  MAY 19, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 24, 2015

   An act to amend  Sections 430.40 and 472 of  
Section 472 of,   and to add Section 430.41 to,  the
Code of Civil Procedure, relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 383, as amended, Wieckowski. Civil actions: objections to
pleadings.
   Under existing law, a party in a civil action may object to a
complaint, cross-complaint, or answer by demurrer, as specified.
   This bill  , until January 1, 2021,  would require a
demurring party, before filing the demurrer, to engage in a specified
meet and confer process with the party who filed the pleading
demurred to for the purpose of determining whether an agreement can
be reached as to the filing of an amended pleading that would resolve
the objections to be raised in the demurrer.
   The bill would require the demurring party, in some circumstances,
to file a declaration under penalty of perjury. By expanding the
scope of the crime of perjury, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 430.40 of the Code of Civil
Procedure is amended to read:
   430.40.  (a) A person against whom a complaint or cross-complaint
has been filed may, within 30 days after service of the complaint or
cross-complaint, demur to the complaint or cross-complaint.
   (b) A party who has filed a complaint or cross-complaint may,
within 10 days after service of the answer to the pleading, demur to
the answer.
   (c) Before filing a demurrer, the demurring party shall meet and
confer in person or by telephone with the party who filed the
pleading that is subject to demurrer for the purpose of determining
whether an agreement can be reached that would resolve the objections
to be raised in the demurrer. If an amended complaint,
cross-complaint, or answer is filed, the responding party shall meet
and confer again with the party who filed the amended pleading before
filing a demurrer to the amended pleading.
   (1) As part of the meet and confer process, the demurring party
shall identify all of the specific paragraphs that it believes are
subject to demurrer and identify with legal support any causes of
action that are claimed to have not been sufficiently stated. The
party who filed the complaint, cross-complaint, or answer shall
provide legal support for its position that the pleading is legally
sufficient or, in the alternative, how the complaint,
cross-complaint, or answer could be amended to cure any legal
insufficiency.
   (2) The parties shall meet and confer at least five days before
the date the responsive pleading is due. If the parties are not able
to meet and confer at least five days prior to the date the
responsive pleading is due, the demurring party may obtain a 30-day
extension of time within which to file a responsive pleading, by
filing and serving, on or before the date on which a demurrer would
be due, a declaration stating under penalty of perjury that a good
faith attempt to meet and confer was made and explaining the reasons
why the parties could not meet and confer. Any further extensions
shall be obtained by court order upon a showing of good cause.
   (3) The demurring party shall file and serve with the demurrer a
declaration stating the means by which the demurring party met and
conferred with the party who filed the pleading subject to demurrer,
and that the parties did not reach an agreement as to amendment of
all challenged portions of the pleading.
   (4) Any determination by the court that the meet and confer
process was insufficient shall not be grounds to overrule or sustain
a demurrer. However, the court may continue the hearing on the
demurrer and order the parties to meet and confer in compliance with
this subdivision.
   (d) (1) A party demurring to a pleading that has been amended
after a demurrer to an earlier version of the pleading was sustained
shall not demur to any portion of the amended complaint,
cross-complaint, or answer on grounds that could have raised by
demurrer to the earlier version of the complaint, cross-complaint, or
answer.
   (2) If a demurrer is overruled as to a cause of action and that
cause of action is not further amended, the demurring party preserves
its right to appeal after final judgment without filing a further
demurrer.
   (e) If a court sustains a demurrer to one or more causes of action
and grants leave to amend, the court may order a conference of the
parties before an amended complaint or cross-complaint or a demurrer
to an amended complaint or cross-complaint, may be filed. If a
conference is held, the court shall not preclude a party from filing
a demurrer and the time to file a demurrer shall not begin until
after the conference has concluded. Nothing in this section prohibits
the court from ordering a conference on its own motion at any time
or prevents a party from requesting that the court order a conference
to be held. 
   SECTION 1   .    Section 430.41 is added to
the   Code of Civil Procedure   , to read: 

   430.41.  (a) Before filing a demurrer pursuant to this chapter,
the demurring party shall meet and confer in person or by telephone
with the party who filed the pleading that is subject to demurrer for
the purpose of determining whether an agreement can be reached that
would resolve the objections to be raised in the demurrer. If an
amended complaint, cross-complaint, or answer is filed, the
responding party shall meet and confer again with the party who filed
the amended pleading before filing a demurrer to the amended
pleading.
   (1) As part of the meet and confer process, the demurring party
shall identify all of the specific causes of action that it believes
are subject to demurrer and identify with legal support the basis of
the deficiencies. The party who filed the complaint, cross-complaint,
or answer shall provide legal support for its position that the
pleading is legally sufficient or, in the alternative, how the
complaint, cross-complaint, or answer could be amended to cure any
legal insufficiency.
   (2) The parties shall meet and confer at least five days before
the date the responsive pleading is due. If the parties are not able
to meet and confer at least five days prior to the date the
responsive pleading is due, the demurring party shall be granted an
automatic 30-day extension of time within which to file a responsive
pleading, by filing and serving, on or before the date on which a
demurrer would be due, a declaration stating under penalty of perjury
that a good faith attempt to meet and confer was made and explaining
the reasons why the parties could not meet and confer. The 30-day
extension shall commence from the date the responsive pleading was
previously due, and the demurring party shall not be subject to
default during the period of the extension. Any further extensions
shall be obtained by court order upon a showing of good cause.
   (3) The demurring party shall file and serve with the demurrer a
declaration stating either of the following:
   (A) The means by which the demurring party met and conferred with
the party who filed the pleading subject to demurrer, and that the
parties did not reach an agreement as to amendment of all challenged
portions of the pleading.
   (B) That opposing counsel failed to respond to the meet and confer
request of the demurring party or otherwise failed to meet and
confer in good faith.
   (4) Any determination by the court that the meet and confer
process was insufficient shall not be  grounds to overrule or sustain
a demurrer.
   (b) (1) A party demurring to a pleading that has been amended
after a demurrer to an earlier version of the pleading was sustained
shall not demur to any portion of the amended complaint,
cross-complaint, or answer on grounds that could have been raised by
demurrer to the earlier version of the complaint, cross-complaint, or
answer.
   (2) If a demurrer is overruled as to a cause of action and that
cause of action is not further amended, the demurring party preserves
its right to appeal after final judgment without filing a further
demurrer.
   (c) If a court sustains a demurrer to one or more causes of action
and grants leave to amend, the court may order a conference of the
parties before an amended complaint or cross-complaint or a demurrer
to an amended complaint or cross-complaint, may be filed. If a
conference is held, the court shall not preclude a party from filing
a demurrer and the time to file a demurrer shall not begin until
after the conference has concluded. Nothing in this section prohibits
the court from ordering a conference on its own motion at any time
or prevents a party from requesting that the court order a conference
to be held.
   (d) This section does not apply to the following civil actions:
   (1) An action in which a party not represented by counsel is
incarcerated in a local, state, or federal correctional institution.
   (2) A proceeding in forcible entry, forcible detainer, or unlawful
detainer.
   (e) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date. 
  SEC. 2.  Section 472 of the Code of Civil Procedure is amended to
read:
   472.  A party may amend its pleading once without leave of the
court at any time before the answer or demurrer is filed, or after a
demurrer is filed but before the demurrer is heard if the amended
complaint, cross-complaint, or answer is filed and served no later
than the date for filing an opposition to the demurrer.  A party
may amend the complaint, cross-complaint, or answer after the date
for filing an opposition to the demurrer, upon stipulation by the
parties.  The time for responding to an amended pleading shall
be computed from the date of  filing of a notice 
 service  of the amended pleading.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
      ____ CORRECTIONS  Amended House--Page 1.
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