Amended in Assembly June 30, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1065

Introduced by Senator Monning

February 16, 2016

An act to begin delete amend Sections 36 and 1294 of end delete begin insert add Section 1294.4 to end insert the Code of Civil Procedure, relating to arbitration.

LEGISLATIVE COUNSEL’S DIGEST

SB 1065, as amended, Monning. Dismissal or denial of petitions to compel arbitration: begin delete appeals. end delete begin insert appeals: Elder and Dependent Adult Civil Protection Act. end 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 begin insert it end insert 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. begin insert Existing law specifies the time in which specified actions must occur during an appeal. end insert

This bill would begin delete provide that if a party end delete begin insert establish an expedited process by which a party, who end insert has filed a claim pursuant to the Elder and Dependent Adult Civil Protection Act and has been granted a begin delete preference, no end delete begin insert preference may end insert appeal begin delete may be taken by an opposing party from end delete an order dismissing or denying a petition to compel arbitration. begin insert This bill would shorten the time in which specified actions in the appeal must occur, but would authorize the parties or the court of appeal to extend or waive these time limitations, as specified. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares all of the
following: end insert

begin insert

(a) Elders and dependent adults are vulnerable to abuse,
neglect, or abandonment and this state has a responsibility to
protect these persons.

end insert begin insert

(b) This state has enacted special protections for elderly persons,
including the enactment of the Elder and Dependent Adult Civil
Protection Act (Chapter 11 (commencing with Section 15600) of
Part 3 of Division 9 of the Welfare and Institutions Code).

end insert begin insert

(c) This state has also enacted Section 36 of the Code of Civil
Procedure, under which a party to a civil action who is over 70
years of age may petition the court for a preference.

end insert begin insert

(d) The Legislature, therefore, consistent with the joint goals
of the Elder and Dependent Adult Civil Protection Act and Section
36 of the Code of Civil Procedure, wishes to enact a limited
expedited appeal process for those persons filing claims under the
Elder and Dependent Adult Civil Protection Act who have received
preferences in court in order to expedite these claims.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1294.4 is added to the end insert begin insert Code of Civil Procedure end insert begin insert ,
to read: end insert

begin insert

begin insert 1294.4. end insert   

(a) Except as provided in subdivision (b), in an appeal
filed pursuant to subdivision (a) of Section 1294 in which a party
filed the underlying claim pursuant to the Elder and Dependent
Adult Civil Protection Act (Chapter 11 (commencing with Section
15600) of Part 3 of Division 9 of the Welfare and Institutions Code)
and was granted a preference pursuant to Section 36 of this code,
all of the following shall apply:

(1) No later than 15 days after service of a notice of entry of
the judgment, the appellant shall file the notice of appeal and the
notice designating the record on appeal.

(2) (A) No later than 10 days after receipt of a notice
designating the record on appeal that requests the clerk’s
transcript, the clerk of the trial court shall prepare and file the
clerk’s transcript pursuant to Rule 8.832 of the California Rules
of Court. The clerk shall send the transcription by the most
expedited means available, including by email.

(B) In lieu of the clerk’s transcript filed by the clerk, a party
may elect to use an appendix to file and serve the notice
designating the record on appeal pursuant to Rule 8.124 of the
California Rules of Court.

(3) (A) Immediately upon receipt of a notice designating the
record on appeal that requests the reporter’s transcript, the clerk
of the trial court shall provide the notice to the reporter by the
most expedited means available, including by email. No later than
10 days after receipt of the notice from the clerk, the reporter shall
prepare, certify, and file in the trial court the reporter’s transcript
pursuant to Rule 8.834 of the California Rules of Court.
Immediately after filing the reporter’s transcript, the reporter shall
notify all parties to the appeal by the most expedited means
available, including by email, that the transcript is complete.

(B) In lieu of this reporter’s transcript filed by the reporter, the
appellant may elect to file certified copies of previously prepared
transcripts with his or her opening brief, provided that he or she
indicated that in his or her notice designating the record on appeal.

(4) (A) No later than 20 days after filing a complete and
accurate record of the trial court proceedings in the court of
appeal, or, if the appellant elects to file transcripts pursuant to
clause (A) of paragraph (2) and clause (A) of paragraph (3), no
later than 40 days after filing the notice of appeal, the appellant
shall file and serve his or her opening brief, which shall be filed
and served by the most expedited means available, including by
email. At the time he or she files the opening brief, the appellant
shall either expressly request or waive oral argument.

(B) No later than 20 days after the opening brief is filed and
served, the respondent shall file and serve his or her brief, which
shall be filed and served by the most expedited means available,
including by email. At the time he or she files the brief, the
respondent shall either expressly request or waive oral argument.

(C) No later than 20 days after the respondent’s brief is filed
and served, the appellant may file and serve his or her reply brief,
which shall be filed and served by the most expedited means
available, including by email.

(5) If either party requests oral argument, the court of appeal
shall set oral argument to be held no later than 30 days after the
reply brief is filed and served or, if a reply brief is not filed and
served, no later than 20 days after the respondent’s brief is filed
and served.

(6) No later than 15 days after the submission of the matter to
the court of appeal for decision, the court of appeal shall issue its
decision.

(b) (1) The parties to the appeal may, by stipulation, extend or
waive any time limitation set forth in this section by filing a written
agreement signed by all parties with the trial court if extending
or waiving the time limitation for filing the notice of appeal or
with the court of appeal if extending or waiving any other time
limitation in this section. The parties shall not extend any time
limitation in this section to be longer than the time limitation set
forth in statute or the California Rules of Court for all other
appeals filed pursuant to subdivision (a) of Section 1294.

(2) The court of appeal may extend any time limitation set forth
in this section upon a showing of extraordinary good cause.

end insert

begin delete

SECTION 1.  

Section 36 of the Code of Civil Procedure is
amended to read:

36.  

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

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

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

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

(c) Unless the court otherwise orders:

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

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

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

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

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

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

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

SEC. 2.  

Section 1294 of the Code of Civil Procedure is
amended to read:

1294.  

Except as provided in subdivision (h) of Section 36, an
aggrieved party may appeal from:

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

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

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

(d) A judgment entered pursuant to this title.

(e) A special order after final judgment.

end delete