Amended in Assembly August 1, 2016

Amended in Assembly June 30, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1065


Introduced by Senator Monning

February 16, 2016


An act to add Section 1294.4 to 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: appeals: Elder and Dependent Adult Civil Protection Act.

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 it 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. Existing law specifies the time in which specified actions must occur during an appeal.

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This bill would establish an expedited process by which a party, who has filed a claim pursuant to the Elder and Dependent Adult Civil Protection Act and has been granted a preference may appeal an order dismissing or denying a petition to compel arbitration. 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.

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This bill would require the court of appeal, in an appeal of an order dismissing or denying a petition to compel arbitration involving a claim under the Elder and Dependent Adult Civil Protection Act in which a party has been granted a court preference, to issue its decision no later than 100 days after the notice of appeal is filed, except as specified. This bill would require the Judicial Council, no later than July 1, 2017, to adopt rules implementing this provision and shortening the time within which a party may file a notice of appeal in these cases.

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

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Elders and dependent adults are vulnerable to abuse, neglect,
4or abandonment and this state has a responsibility to protect these
5persons.

6(b) This state has enacted special protections for elderly persons,
7 includingbegin delete the enactment ofend delete the Elder and Dependent Adult Civil
8Protection Act (Chapter 11 (commencing with Section 15600) of
9Part 3 of Division 9 of the Welfare and Institutions Code).

10(c) This state has also enacted Section 36 of the Code of Civil
11Procedure, under which a party to a civil action who is over 70
12years of age may petition the court for a preference.

13(d) The Legislature, therefore, consistent with the joint goals
14of the Elder and Dependent Adult Civil Protection Act and Section
1536 of the Code of Civil Procedure, wishes to enact a limited
16expedited appeal process forbegin delete those personsend deletebegin insert a personend insert filingbegin delete claimsend delete
17begin insert a claim arisingend insert under the Elder and Dependent Adult Civil
18Protection Act begin delete who haveend delete begin insert who hasend insert receivedbegin delete preferences in court in
19orderend delete
begin insert a court preferenceend insert to expeditebegin delete these claims.end deletebegin insert the claim.end insert

20begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1294.4 is added to the end insertbegin insertCode of Civil Procedureend insertbegin insert,
21to read:end insert

begin insert
22

begin insert1294.4.end insert  

(a) Except as provided in subdivision (b), in an appeal
23filed pursuant to subdivision (a) of Section 1294 involving a claim
24under the Elder and Dependent Adult Civil Protection Act (Chapter
2511 (commencing with Section 15600) of Part 3 of Division 9 of the
P3    1Welfare and Institutions Code) in which a party has been granted
2a preference pursuant to Section 36 of this code, the court of appeal
3shall issue its decision no later than 100 days after the notice of
4appeal is filed.

5
(b) The court of appeal may grant an extension of time in the
6appeal only if good cause is shown and the extension will promote
7the interests of justice.

8
(c) The Judicial Council shall, on or before July 1, 2017, adopt
9rules of court to do both of the following:

10
(1) Implement subdivisions (a) and (b).

11
(2) Establish a shortened notice of appeal period for the cases
12described in subdivision (a).

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13

SEC. 2.  

Section 1294.4 is added to the Code of Civil Procedure,
14to read:

15

1294.4.  

(a) Except as provided in subdivision (b), in an appeal
16filed pursuant to subdivision (a) of Section 1294 in which a party
17filed the underlying claim pursuant to the Elder and Dependent
18Adult Civil Protection Act (Chapter 11 (commencing with Section
1915600) of Part 3 of Division 9 of the Welfare and Institutions Code)
20and was granted a preference pursuant to Section 36 of this code,
21all of the following shall apply:

22(1) No later than 15 days after service of a notice of entry of
23the judgment, the appellant shall file the notice of appeal and the
24notice designating the record on appeal.

25(2) (A) No later than 10 days after receipt of a notice
26designating the record on appeal that requests the clerk’s transcript,
27the clerk of the trial court shall prepare and file the clerk’s
28transcript pursuant to Rule 8.832 of the California Rules of Court.
29The clerk shall send the transcription by the most expedited means
30available, including by email.

31(B) In lieu of the clerk’s transcript filed by the clerk, a party
32may elect to use an appendix to file and serve the notice designating
33the record on appeal pursuant to Rule 8.124 of the California Rules
34of Court.

35(3) (A) Immediately upon receipt of a notice designating the
36record on appeal that requests the reporter’s transcript, the clerk
37of the trial court shall provide the notice to the reporter by the most
38 expedited means available, including by email. No later than 10
39days after receipt of the notice from the clerk, the reporter shall
40prepare, certify, and file in the trial court the reporter’s transcript
P4    1pursuant to Rule 8.834 of the California Rules of Court.
2Immediately after filing the reporter’s transcript, the reporter shall
3notify all parties to the appeal by the most expedited means
4available, including by email, that the transcript is complete.

5(B) In lieu of this reporter’s transcript filed by the reporter, the
6appellant may elect to file certified copies of previously prepared
7transcripts with his or her opening brief, provided that he or she
8indicated that in his or her notice designating the record on appeal.

9(4) (A) No later than 20 days after filing a complete and
10accurate record of the trial court proceedings in the court of appeal,
11or, if the appellant elects to file transcripts pursuant to clause (A)
12of paragraph (2) and clause (A) of paragraph (3), no later than 40
13days after filing the notice of appeal, the appellant shall file and
14serve his or her opening brief, which shall be filed and served by
15the most expedited means available, including by email. At the
16time he or she files the opening brief, the appellant shall either
17expressly request or waive oral argument.

18(B) No later than 20 days after the opening brief is filed and
19served, the respondent shall file and serve his or her brief, which
20shall be filed and served by the most expedited means available,
21including by email. At the time he or she files the brief, the
22respondent shall either expressly request or waive oral argument.

23(C) No later than 20 days after the respondent’s brief is filed
24and served, the appellant may file and serve his or her reply brief,
25which shall be filed and served by the most expedited means
26available, including by email.

27(5) If either party requests oral argument, the court of appeal
28shall set oral argument to be held no later than 30 days after the
29reply brief is filed and served or, if a reply brief is not filed and
30served, no later than 20 days after the respondent’s brief is filed
31and served.

32(6) No later than 15 days after the submission of the matter to
33the court of appeal for decision, the court of appeal shall issue its
34decision.

35(b) (1) The parties to the appeal may, by stipulation, extend or
36waive any time limitation set forth in this section by filing a written
37agreement signed by all parties with the trial court if extending or
38waiving the time limitation for filing the notice of appeal or with
39the court of appeal if extending or waiving any other time limitation
40in this section. The parties shall not extend any time limitation in
P5    1this section to be longer than the time limitation set forth in statute
2or the California Rules of Court for all other appeals filed pursuant
3to subdivision (a) of Section 1294.

4(2) The court of appeal may extend any time limitation set forth
5in this section upon a showing of extraordinary good cause.

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