Amended in Senate March 28, 2016

Senate BillNo. 1065


Introduced by Senator Monning

February 16, 2016


An act to amendbegin delete Section 1286.2end deletebegin insert Sections 36 and 1294end insert of the Code of Civil Procedure, relating to arbitration.

LEGISLATIVE COUNSEL’S DIGEST

SB 1065, as amended, Monning. begin deleteArbitration awards. end deletebegin insertDismissal or denial of petitions to compel arbitration: appeals.end insert

begin insert

Existing law, the Elder and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse, and sets forth specific provisions governing civil actions arising from the abuse of elderly or dependent adults. Existing law permits a party to a civil action who is over 70 years of age to petition the court for preference under certain circumstances. Under existing law, an aggrieved party may appeal certain orders and judgments, including an order dismissing or denying a petition to compel arbitration.

end insert
begin insert

This bill would provide that if a party has filed a claim pursuant to the Elder and Dependent Adult Civil Protection Act and has been granted a preference, no appeal may be taken by an opposing party from an order dismissing or denying a petition to compel arbitration.

end insert
begin delete

Existing law establishes standards for arbitration, and it requires the court to vacate an arbitration award if it makes certain findings.

end delete
begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 36 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
2amended to read:end insert

3

36.  

(a) A party to a civil action who is over 70 years of age
4may petition the court for a preference, which the court shall grant
5if the court makes both of the following findings:

6(1) The party has a substantial interest in the action as a whole.

7(2) The health of the party is such that a preference is necessary
8to prevent prejudicing the party’s interest in the litigation.

9(b) A civil action to recover damages for wrongful death or
10personal injury shall be entitled to preference upon the motion of
11any party to the action who is under 14 years of age unless the
12court finds that the party does not have a substantial interest in the
13case as a whole. A civil action subject to subdivision (a) shall be
14given preference over a case subject to this subdivision.

15(c) Unless the court otherwise orders:

16(1) A party may file and serve a motion for preference supported
17by a declaration of the moving party that all essential parties have
18been served with process or have appeared.

19(2) At any time during the pendency of the action, a party who
20reaches 70 years of age may file and serve a motion for preference.

21(d) In its discretion, the court may also grant a motion for
22preference that is accompanied by clear and convincing medical
23documentation that concludes that one of the parties suffers from
24an illness or condition raising substantial medical doubt of survival
25of that party beyond six months, and that satisfies the court that
26the interests of justice will be served by granting the preference.

27(e) Notwithstanding any other provision of law, the court may
28in its discretion grant a motion for preference that is supported by
29a showing that satisfies the court that the interests of justice will
30be served by granting this preference.

31(f) Upon the granting of such a motion for preference, the court
32shall set the matter for trial not more than 120 days from that date
33and there shall be no continuance beyond 120 days from the
34granting of the motion for preference except for physical disability
35of a party or a party’s attorney, or upon a showing of good cause
36stated in the record. Any continuance shall be for no more than 15
37days and no more than one continuance for physical disability may
38be granted to any party.

P3    1(g) Upon the granting of a motion for preference pursuant to
2subdivision (b), a party in an action based upon a health provider’s
3alleged professional negligence, as defined in Section 364, shall
4receive a trial date not sooner than six months and not later than
5nine months from the date that the motion is granted.

begin insert

6
(h) If a party has filed a claim pursuant to the Elder and
7Dependent Adult Civil Protection Act (Chapter 11 (commencing
8with Section 15600) of Part 3 of Division 9 of the Welfare and
9Institutions Code) and has been granted a preference pursuant to
10this section, an opposing party shall not appeal from an order
11dismissing or denying a petition to compel arbitration pursuant
12to subdivision (a) of Section 1294 arising from that claim.

end insert
13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1294 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
14amended to read:end insert

15

1294.  

begin deleteAn end deletebegin insertExcept as provided in subdivision (h) of Section 36,
16an end insert
aggrieved party may appeal from:

17(a) An order dismissing or denying a petition to compel
18arbitration.

19(b) An order dismissing a petition to confirm, correct or vacate
20an award.

21(c) An order vacating an award unless a rehearing in arbitration
22is ordered.

23(d) A judgment entered pursuant to this title.

24(e) A special order after final judgment.

begin delete
25

SECTION 1.  

Section 1286.2 of the Code of Civil Procedure
26 is amended to read:

27

1286.2.  

(a) Subject to Section 1286.4, the court shall vacate
28the award if the court determines any of the following:

29(1) The award was procured by fraud, corruption, or other undue
30means.

31(2) There was corruption in any of the arbitrators.

32(3) The rights of the party were substantially prejudiced by
33misconduct of a neutral arbitrator.

34(4) The arbitrators exceeded their powers and the award cannot
35be corrected without affecting the merits of the decision upon the
36controversy submitted.

37(5) The rights of the party were substantially prejudiced by the
38refusal of the arbitrators to postpone the hearing upon sufficient
39cause being shown therefor or by the refusal of the arbitrators to
P4    1hear evidence material to the controversy or by other conduct of
2the arbitrators contrary to the provisions of this title.

3(6) An arbitrator making the award either: (A) failed to disclose
4within the time required for disclosure a ground for disqualification
5of which the arbitrator was then aware; or (B) was subject to
6disqualification upon grounds specified in Section 1281.91 but
7failed upon receipt of timely demand to disqualify himself or
8herself as required by that provision. However, this subdivision
9does not apply to arbitration proceedings conducted under a
10collective bargaining agreement between employers and employees
11or between their respective representatives.

12(b) Petitions to vacate an arbitration award pursuant to Section
131285 are subject to the provisions of Section 128.7.

end delete


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