BILL NUMBER: AB 1742 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Judiciary (Jones (Chair), Evans, Laird,
Levine, Lieber, and Montanez)
MARCH 2, 2005
An act to amend Sections 116.330, 116.340, 116.780, 396b, and 998
of, and to repeal and add Section 116.725 of, the Code of Civil
Procedure, to amend Sections 811.9, 905, 910.4, and 69926.5 of, and
to add Section 905.7 to, the Government Code, and to amend Section
213.5 of the Welfare and Institutions Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1742, as introduced, Committee on Judiciary. Courts: civil
procedure.
Existing law governs procedures in the small claims court. These
provisions set forth various time periods for scheduling cases for
hearing and specifies methods for service of the claim and order on a
defendant. These provisions state that they may not be construed to
prevent a court from correcting a clerical error in a judgment or
setting aside and vacating a judgment on the ground of an incorrect
or erroneous legal basis for the decision.
This bill would provide that, when a claim is filed, the case
shall be scheduled for hearing no earlier than 20 days and not more
than 70 days from the date of the order, thereby eliminating the
various time periods. The bill would require that proof of service of
the claim and order be filed at least 5 days before the hearing. The
bill would authorize a party to make only one motion to correct a
clerical error or set aside and vacate a judgment and provide that a
party may have 30 days after the clerk mails notice of entry of
judgement to the parties to make that motion.
Existing law also governs offers by a party to compromise a
dispute that is to be resolved by arbitration.
This bill require that any acceptance of the offer be in writing.
Existing law imposes a surcharge of $20 for court security in
addition to the total court fees collected pursuant to specified
provisions and also authorizes the collection of an additional
surcharge in certain cases filed from January 1, 2004 to June 30,
2005, inclusive.
This bill would extend that additional surcharge until June 30,
2006, as specified.
Existing law requires the Judicial Council to provide for the
representation or defense of judicial officers and employees by the
county counsel or Attorney General, and authorizes such
representation or defense of the Judicial Council. Existing law also
provides that this representation or defense shall not be the sole
basis for the disqualification of a judicial officer or employee in
an unrelated action.
This bill would add justices and the Administrative Office of the
Courts to the judicial officers to which this provision applies, and
specify that representation of the Judicial Council of the
Administrative Office of the Courts shall not be the sole basis for
disqualification of a judicial officer or employee from an unrelated
action.
Existing law sets forth the procedure for filing a claim against a
statewide public entity, as specified.
This bill would specify that these procedures also apply to claims
against a judicial branch entity.
Existing law authorizes a court in a proceeding for dissolution of
marriage or legal separation and prior to the determination of a
motion for a change of venue, to consider and make all necessary and
proper orders in connection with motions for allowance of temporary
spousal support, support of children, and counsel fees and costs.
This bill would revise that provision to additionally apply to
proceedings under the Uniform Parentage Act and to authorize the
court to consider and determine motions to determine custody of and
visitation with children in any of the proceedings to which the
provision applies prior to determining the motion for a change of
venue.
Existing law authorizes a court to issue an ex parte order
enjoining a person from engaging in specified acts of abuse against a
parent, legal guardian, or current caretaker of a child
simultaneously with an order enjoining a person from engaging in
those acts against the child.
This bill would delete the requirement that the court issue that
order simultaneously.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116.330 of the Code of Civil Procedure is
amended to read:
116.330. (a) When a claim is filed, the clerk shall schedule the
case for hearing in accordance with subdivision (c)
and shall issue an order directing the parties to appear at
the time set for the hearing with witnesses and documents to prove
their claim or defense. The case shall be scheduled for hearing
no earlier than 20 days but not more than 70 days from the date of
the order. (b) In lieu of the method of setting the case for
hearing described in subdivision (a), at the time a claim is filed
the clerk may do all of the following:
(1) Cause a copy of the claim to be mailed to the defendant by any
form of mail providing for a return receipt.
(2) On receipt of proof that the claim was served as provided in
paragraph (1), issue an order scheduling the case for hearing in
accordance with subdivision (c) (a) and
directing the parties to appear at the time set for the hearing with
witnesses and documents to prove their claim or defense.
(3) Cause a copy of the order setting the case for hearing and
directing the parties to appear, to be served upon the parties by any
form of mail providing for a return receipt.
(c) If the defendant resides in the county in which the action is
filed, the case shall be scheduled for hearing at least 15 days but
not more than 40 days from the date of the order. If the defendant
resides outside the county in which the action is filed, the case
shall be scheduled for hearing at least 30 days but not more than 70
days from the date of the order.
(d) If there are two or more defendants and one or more of them
resides outside the county in which the action is filed, the date for
the appearance of all the defendants shall be at least 30 days but
not more than 70 days from the date of the order.
(e) A public entity, as defined in Section 811.2 of the Government
Code, which files more than 10 claims at one time may request a date
for the appearance of the defendant later than that otherwise
specified in this section, and the clerk may set the case for hearing
at that later date subject to the following limits:
(1) If all defendants reside in the county in which the action is
filed, the date for appearance shall not be more than 70 days from
the date of the order.
(2) In other cases, the date for appearance shall not be more than
90 days from the date of the order.
SEC. 2. Section 116.340 of the Code of Civil Procedure is
amended to read:
116.340. (a) Service of the claim and order on the defendant may
be made by any one of the following methods:(1) The clerk may cause a
copy of the claim and order to be mailed to the defendant by any
form of mail providing for a return receipt.
(2) The plaintiff may cause a copy of the claim and order to be
delivered to the defendant in person.
(3) The plaintiff may cause service of a copy of the claim and
order to be made by substituted service as provided in subdivision
(a) or (b) of Section 415.20 without the need to attempt personal
service on the defendant. For these purposes, substituted service as
provided in subdivision (b) of Section 415.20 may be made at the
office of the sheriff or marshal who shall deliver a copy of the
claim and order to any person authorized by the defendant to receive
service, as provided in Section 416.90, who is at least 18 years of
age, and thereafter mailing a copy of the claim and order to the
defendant's usual mailing address.
(4) The clerk may cause a copy of the claim to be mailed, the
order to be issued, and a copy of the order to be mailed as provided
in subdivision (b) of Section 116.330.
(b) Proof of service of the claim and order shall be filed
with the small claims court at least five days before the hearing.
(c) Service of the claim and order on the
defendant shall be completed at least 15 days before the hearing date
if the defendant resides within the county in which the action is
filed, or at least 20 days before the hearing date if the defendant
resides outside the county in which the action is filed.
(c)
(d) Service by the methods described in
subdivision (a) shall be deemed complete on the date that the
defendant signs the mail return receipt, on the date of the personal
service, as provided in Section 415.20, or as established by other
competent evidence, whichever applies to the method of service used.
(d)
(e) Service shall be made within this state,
except as provided in subdivisions (e) (f)
and (f) (g) .
(e)
(f) The owner of record of real property in
California who resides in another state and who has no lawfully
designated agent in California for service of process may be served
by any of the methods described in this section if the claim relates
to that property.
(f)
(g) A nonresident owner or operator of a
motor vehicle involved in an accident within this state may be served
pursuant to the provisions on constructive service in Sections 17450
to 17461, inclusive, of the Vehicle Code without regard to whether
the defendant was a nonresident at the time of the accident or when
the claim was filed. Service shall be made by serving both the
Director of the California Department of Motor Vehicles and the
defendant, and may be made by any of the methods authorized by this
chapter or by registered mail as authorized by Section 17454 or 17455
of the Vehicle Code.
(g)
(h) If an action is filed against a
principal and his or her guaranty or surety pursuant to a guarantor
or suretyship agreement, a reasonable attempt shall be made to
complete service on the principal. If service is not completed on the
principal, the action shall be transferred to the court of
appropriate jurisdiction.
SEC. 3. Section 116.725 of the Code of Civil Procedure is
repealed.
116.725. Nothing in this chapter shall be construed to prevent a
court from correcting a clerical error in a judgment or from setting
aside and vacating a judgment on the ground of an incorrect or
erroneous legal basis for the decision.
SEC. 4. Section 116.725 is added to the Code of Civil Procedure ,
to read:
116.725. (a) A motion to correct a clerical error in a judgment
or to set aside and vacate a judgment on the ground of an incorrect
or erroneous legal basis for the decision may be made as follows:(1)
By the court on its own motion at any time.
(2) By a party within 30 days after the clerk mails notice of
entry of judgment to the parties.
(b) Each party may file only one motion to correct a clerical
error or to set aside and vacate the judgment on the ground of an
incorrect or erroneous legal basis for the decision.
SEC. 5. Section 116.780 of the Code of Civil Procedure is
amended to read:
116.780. (a) The judgment of the superior court after a hearing
on appeal is final and not appealable. (b) Article 6 (commencing
with Section 116.610) on judgments of the small claims court applies
to judgments of the superior court after a hearing on appeal, except
as provided in subdivisions (c) and (d).
(c) For good cause and where necessary to achieve substantial
justice between the parties, the superior court may award a party to
an appeal reimbursement of (1) attorney's fees actually and
reasonably incurred in connection with the appeal, not exceeding one
hundred fifty dollars ($150), and (2) actual loss of earnings and
expenses of transportation and lodging actually and reasonably
incurred in connection with the appeal, not exceeding one hundred
fifty dollars ($150).
(d) Upon the expiration of 10 days following the completion of the
appeal process, the superior court shall order the appeal and any
judgment transferred to the small claims court in which the action
was originally filed for purposes of enforcement and other
proceedings under Article 8 (commencing with Section 116.810) of this
chapter.
SEC. 6. Section 396b of the Code of Civil Procedure is amended
to read:
396b. (a) Except as otherwise provided in Section 396a, if an
action or proceeding is commenced in a court having jurisdiction of
the subject matter thereof, other than the court designated as the
proper court for the trial thereof, under this title, the action may,
notwithstanding, be tried in the court where commenced, unless the
defendant, at the time he or she answers, demurs, or moves to strike,
or, at his or her option, without answering, demurring, or moving to
strike and within the time otherwise allowed to respond to the
complaint, files with the clerk, a notice of motion for an order
transferring the action or proceeding to the proper court, together
with proof of service, upon the adverse party, of a copy of those
papers. Upon the hearing of the motion the court shall, if it appears
that the action or proceeding was not commenced in the proper court,
order the action or proceeding transferred to the proper court.(b)
In its discretion, the court may order the payment to the prevailing
party of reasonable expenses and attorney's fees incurred in making
or resisting the motion to transfer whether or not that party is
otherwise entitled to recover his or her costs of action. In
determining whether that order for expenses and fees shall be made,
the court shall take into consideration (1) whether an offer to
stipulate to change of venue was reasonably made and rejected, and
(2) whether the motion or selection of venue was made in good faith
given the facts and law the party making the motion or selecting the
venue knew or should have known. As between the party and his or her
attorney, those expenses and fees shall be the personal liability of
the attorney not chargeable to the party. Sanctions shall not be
imposed pursuant to this subdivision except on notice contained in a
party's papers, or on the court's own noticed motion, and after
opportunity to be heard.
(c) The court in a proceeding for dissolution of marriage or legal
separation , or under the Uniform Parentage
Act (Part 3 (commencing with Section 7600) of Division 12 of the
Family Code) may, prior to the determination of the motion to
transfer, consider and determine motions for allowance of temporary
spousal support, support of children, and counsel fees and
costs, and motions to determine custody of and visitation with
children, and may make all necessary and proper
orders in connection therewith.
(d) In any case, if an answer is filed, the court may consider
opposition to the motion to transfer, if any, and may retain the
action in the county where commenced if it appears that the
convenience of the witnesses or the ends of justice will thereby be
promoted.
(e) If the motion to transfer is denied, the court shall allow the
defendant time to move to strike, demur, or otherwise plead if the
defendant has not previously filed a response.
SEC. 7. Section 998 of the Code of Civil Procedure is amended to
read:
998. (a) The costs allowed under Sections 1031 and 1032 shall be
withheld or augmented as provided in this section.(b) Not less than
10 days prior to commencement of trial or arbitration (as provided in
Section 1281 or 1295) of a dispute to be resolved by arbitration,
any party may serve an offer in writing upon any other party to the
action to allow judgment to be taken or an award to be entered in
accordance with the terms and conditions stated at that time.
Any acceptance of the offer shall be in writing.
(1) If the offer is accepted, the offer with proof of acceptance
shall be filed and the clerk or the judge shall enter judgment
accordingly. In the case of an arbitration, the offer with proof of
acceptance shall be filed with the arbitrator or arbitrators who
shall promptly render an award accordingly.
(2) If the offer is not accepted prior to trial or arbitration,
within 30 days after it is made, whichever occurs first, it shall be
deemed withdrawn, and cannot be given in evidence upon the trial or
arbitration.
(3) For purposes of this subdivision, a trial or arbitration shall
be deemed to be actually commenced at the beginning of the opening
statement of the plaintiff or counsel, and if there is no opening
statement, then at the time of the administering of the oath or
affirmation to the first witness, or the introduction of any
evidence.
(c) (1) If an offer made by a defendant is not accepted and the
plaintiff fails to obtain a more favorable judgment or award, the
plaintiff shall not recover his or her postoffer costs and shall pay
the defendant's costs from the time of the offer. In addition, in any
action or proceeding other than an eminent domain action, the court
or arbitrator, in its discretion, may require the plaintiff to pay a
reasonable sum to cover costs of the services of expert witnesses,
who are not regular employees of any party, actually incurred and
reasonably necessary in either, or both, preparation for trial or
arbitration, or during trial or arbitration, of the case by the
defendant.
(2) (A) In determining whether the plaintiff obtains a more
favorable judgment, the court or arbitrator shall exclude the
postoffer costs.
(B) It is the intent of the Legislature in enacting subparagraph
(A) to supersede the holding in Encinitas Plaza Real v. Knight, 209
Cal. App. 3d 996, that attorney's fees awarded to the prevailing
party were not costs for purposes of this section but were part of
the judgment.
(d) If an offer made by a plaintiff is not accepted and the
defendant fails to obtain a more favorable judgment or award in any
action or proceeding other than an eminent domain action, the court
or arbitrator, in its discretion, may require the defendant to pay a
reasonable sum to cover costs of the services of expert witnesses,
who are not regular employees of any party, actually incurred and
reasonably necessary in either, or both, preparation for trial or
arbitration, or during trial or arbitration, of the case by the
plaintiff, in addition to plaintiff's costs.
(e) If an offer made by a defendant is not accepted and the
plaintiff fails to obtain a more favorable judgment or award, the
costs under this section, from the time of the offer, shall be
deducted from any damages awarded in favor of the plaintiff. If the
costs awarded under this section exceed the amount of the damages
awarded to the plaintiff the net amount shall be awarded to the
defendant and judgment or award shall be entered accordingly.
(f) Police officers shall be deemed to be expert witnesses for the
purposes of this section; plaintiff includes a cross-complainant and
defendant includes a cross-defendant. Any judgment or award entered
pursuant to this section shall be deemed to be a compromise
settlement.
(g) This chapter does not apply to either of the following:
(1) An offer that is made by a plaintiff in an eminent domain
action.
(2) Any enforcement action brought in the name of the people of
the State of California by the Attorney General, a district attorney,
or a city attorney, acting as a public prosecutor.
(h) The costs for services of expert witnesses for trial under
subdivisions (c) and (d) shall not exceed those specified in Section
68092.5 of the Government Code.
(i) This section shall not apply to labor arbitrations filed
pursuant to memoranda of understanding under the Ralph C. Dills Act
(Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1
of the Government Code).
SEC. 8. Section 811.9 of the Government Code is amended to read:
811.9. (a) Notwithstanding any other provision of law, judges,
subordinate judicial officers, and court executive officers of the
superior and municipal courts are state officers
for purposes of Part 1 (commencing with Section 810) to Part 7
(commencing with Section 995), inclusive, and trial court employees
are employees of the trial court for purposes of Part 1 (commencing
with Section 810) to Part 7 (commencing with Section 995), inclusive.
The Judicial Council shall provide for representation, defense, and
indemnification of such individuals and the court pursuant to Part 1
(commencing with Section 810) to Part 7 (commencing with Section
995), inclusive. The Judicial Council shall provide for such
representation or defense through the county counsel, the Attorney
General, or other counsel. The county counsel and the Attorney
General may, but are not required to, provide such representation or
defense for the Judicial Council or the Administrative Office of
the Courts . The fact that a justice, judge,
subordinate judicial officer, court executive officer, trial
court employee, or the court , the
Judicial Council, or the Administrative Office of the Courts is or
was represented or defended by the county counsel, the Attorney
General, or other counsel shall not be the sole basis for a judicial
determination of disqualification of a justice, judge,
subordinate judicial officer, the county counsel, the Attorney
General, or other counsel in unrelated actions.(b) To promote the
cost-effective, prompt, and fair resolution of actions, proceedings,
and claims affecting the trial courts, the Judicial Council shall
adopt rules of court requiring the Administrative Office of the
Courts to manage actions, proceedings, and claims that affect the
trial courts and involve superior or municipal
courts, superior or municipal court judges,
subordinate judicial officers, court executive officers, or trial
court employees in consultation with the affected courts and
individuals. The Administrative Office of the Courts' management of
these actions, proceedings, and claims shall include, but not be
limited to, case management and administrative responsibilities such
as selection of counsel and making strategic and settlement
decisions.
(c) Nothing in this section shall be construed to affect the
employment status of subordinate judicial officers, court executive
officers, and trial court employees related to any matters not
covered by subdivision (a).
SEC. 9. Section 905 of the Government Code is amended to read:
905. There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) of this part all claims for money or damages against local
public entities except:(a) Claims under the Revenue and Taxation
Code or other statute prescribing procedures for the refund, rebate,
exemption, cancellation, amendment, modification or adjustment of any
tax, assessment, fee or charge or any portion thereof, or of any
penalties, costs or charges related thereto.
(b) Claims in connection with which the filing of a notice of
lien, statement of claim, or stop notice is required under any
provision of law relating to mechanics', laborers' or materialmen's
liens.
(c) Claims by public employees for fees, salaries, wages, mileage
or other expenses and allowances.
(d) Claims for which the workmen's worker'
s compensation authorized by Division 4 (commencing with
Section 3201 3200 ) of the Labor Code
is the exclusive remedy.
(e) Applications or claims for any form of public assistance under
the Welfare and Institutions Code or other provisions of law
relating to public assistance programs, and claims for goods,
services, provisions or other assistance rendered for or on behalf of
any recipient of any form of public assistance.
(f) Applications or claims for money or benefits under any public
retirement or pension system.
(g) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(h) Claims which that relate to a
special assessment constituting a specific lien against the property
assessed and which that are payable
from the proceeds of such an the
assessment, by offset of a claim for damages against it or by
delivery of any warrant or bonds representing it.
(i) Claims by the State or by a state department or agency or by
another local public entity or by a judicial branch entity
.
(j) Claims arising under any provision of the Unemployment
Insurance Code, including but not limited to claims for money or
benefits, or for refunds or credits of employer or worker
contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
(k) Claims for the recovery of penalties or forfeitures made
pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of
Part 7 of Division 2 of the Labor Code.
(l) Claims governed by the Pedestrian Mall Law of 1960, Part 1
(commencing with Section 11000) of Division 13 of the Streets and
Highways Code.
SEC. 10. Section 905.7 is added to the Government Code , to read:
905.7. All claims against a judicial branch entity for money or
damages based upon an express contract or for an injury for which the
judicial branch entity is liable shall be presented in accordance
with Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of this part. The provisions of this
section are declaratory of existing law.
SEC. 11. Section 910.4 of the Government Code is amended to
read:
910.4. The board shall provide forms specifying the information
to be contained in claims against the state or a judicial branch
entity . The person presenting a claim shall use the form in
order that his or her claim is deemed in conformity with Sections 910
and 910.2. A claim may be returned to the person if it was not
presented using the form. Any claim returned to a person may be
resubmitted using the appropriate form.
SEC. 12. Section 69926.5 of the Government Code is amended to
read:
69926.5. (a) To ensure and maintain adequate funding for court
security, a surcharge of twenty dollars ($20) is added to the total
fee collected pursuant to Section 26820.4, 26826, 26827, 72055, or
72056.(b) In addition to the surcharge in subdivision (a), a
surcharge of twenty dollars ($20) is added to the total filing fee
collected in a case pursuant to Section 26820.4, 26826, or 26827, a
surcharge of twenty dollars ($20) is added to the total filing fee
collected in a limited civil case pursuant to Section 72055 or 72056
where the amount demanded, excluding attorney's fees and costs, is in
excess of ten thousand dollars ($10,000), and a surcharge of ten
dollars ($10) is added to the total filing fee collected in a limited
civil case pursuant to Section 72055 or 72056 where the amount
demanded, excluding attorney's fees and costs, is ten thousand
dollars ($10,000), or less. The surcharges in this subdivision shall
be collected in cases filed from January 1, 2004, to June 30,
2005 2006 , inclusive. The purpose of
this surcharge is to stabilize funding for court security at the
current level and is not intended to increase the funding available
for court security in the 2004-05 and 2005-06 fiscal
year years . This subdivision shall
become inoperative on July 1, 2005 2006
, or upon the enactment of a uniform filing fee, whichever is
earlier.
(c) Notwithstanding any other provision of law, the surcharges
collected pursuant to subdivisions (a) and (b) shall all be deposited
in a special account in the county treasury, and transmitted
therefrom monthly to the Controller for deposit in the Trial Court
Trust Fund.
SEC. 13. Section 213.5 of the Welfare and Institutions Code is
amended to read:
213.5. (a) After a petition has been filed pursuant to Section
311 to declare a child a dependent child of the juvenile court, and
until the time that the petition is dismissed or dependency is
terminated, upon application in the manner provided by Section 527 of
the Code of Civil Procedure, the juvenile court may issue ex parte
orders (1) enjoining any person from molesting, attacking, striking,
sexually assaulting, stalking, or battering the child or any other
child in the household; (2) excluding any person from the dwelling of
the person who has care, custody, and control of the child; and (3)
enjoining any person from behavior, including contacting,
threatening, or disturbing the peace of the child, that the court
determines is necessary to effectuate orders under paragraph (1) or
(2). A court issuing an ex parte order pursuant to this
subdivision may simultaneously The court may also
issue an ex parte order enjoining any person from contacting,
threatening, molesting, attacking, striking, sexually assaulting,
stalking, battering, or disturbing the peace of any parent, legal
guardian, or current caretaker of the child, regardless of whether
the child resides with that parent, legal guardian, or current
caretaker, upon application in the manner provided by Section 527 of
the Code of Civil Procedure.(b) After a petition has been filed
pursuant to Section 601 or 602 to declare a child a ward of the
juvenile court, and until the time that the petition is dismissed or
wardship is terminated, upon application in the manner provided by
Section 527 of the Code of Civil Procedure, the juvenile court may
issue ex parte orders (1) enjoining any person from molesting,
attacking, threatening, sexually assaulting, stalking, or battering
the child or any other child in the household; (2) excluding any
person from the dwelling of the person who has care, custody, and
control of the child; or (3) enjoining the child from contacting,
threatening, stalking, or disturbing the peace of any person the
court finds to be at risk from the conduct of the child, or with whom
association would be detrimental to the child.
(c) In the case in which a temporary restraining order is granted
without notice, the matter shall be made returnable on an order
requiring cause to be shown why the order should not be granted, on
the earliest day that the business of the court will permit, but not
later than 15 days or, if good cause appears to the court, 20 days
from the date the temporary restraining order is granted. The court
may, on the motion of the person seeking the restraining order, or on
its own motion, shorten the time for service on the person to be
restrained of the order to show cause. The court may, upon its own
motion or the filing of an affidavit by
the person seeking the restraining order, find that the
person to be restrained could not be served within the time required
by law and to reissue an order previously issued and dissolved by
the court for failure to serve the person to be restrained. The
reissued order shall state on its face the date of expiration of the
order. Any hearing pursuant to this section may be held
simultaneously with any regularly scheduled hearings held in
proceedings to declare a child a dependent child or ward of the
juvenile court pursuant to Section 300, 601, or 602, or subsequent
hearings regarding the dependent child or ward.
(d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, not to exceed three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further
order of the court on the motion of any party to the restraining
order.
(e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (c), or (d) excluding a person from a residence or
dwelling. This order may be issued for the time and on the conditions
that the court determines, regardless of which party holds legal or
equitable title or is the lessee of the residence or dwelling.
(2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
(C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
(g) The juvenile court shall order any designated person or
attorney to mail a copy of any order, or extension, modification, or
termination thereof, granted pursuant to subdivision (a), (b), (c),
or (d), by the close of the business day on which the order,
extension, modification, or termination was granted, and any
subsequent proof of service thereof, to each local law enforcement
agency designated by the person seeking the restraining order or his
or her attorney having jurisdiction over the residence of the person
who has care, custody, and control of the child and other locations
where the court determines that acts of domestic violence or abuse
against the child or children are likely to occur. Each appropriate
law enforcement agency shall make available through an existing
system for verification, information as to the existence, terms, and
current status of any order issued pursuant to subdivision (a), (b),
(c), or (d) to any law enforcement officer responding to the scene of
reported domestic violence or abuse.
(h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
(i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(j) Information on any juvenile court restraining order related to
domestic violence issued by a court pursuant to this section shall
be transmitted to the Department of Justice in accordance with
subdivision (b) of Section 6380 of the Family Code.
(k) (1) Prior to a hearing on the issuance or denial of an order
under this part, a search shall be conducted as described in
subdivision (a) of Section 6306 of the Family Code.
(2) Prior to deciding whether to issue an order under this part,
the court shall consider the following information obtained pursuant
to a search conducted under paragraph (1): any conviction for a
violent felony specified in Section 667.5 of the Penal Code or a
serious felony specified in Section 1192.7 of the Penal Code; any
misdemeanor conviction involving domestic violence, weapons, or other
violence; any outstanding warrant; parole or probation status; any
prior restraining order; and any violation of a prior restraining
order.
(3) (A) If the results of the search conducted pursuant to
paragraph (1) indicate that an outstanding warrant exists against the
subject of the search, the court shall order the clerk of the court
to immediately notify, by the most effective means available,
appropriate law enforcement officials of any information obtained
through the search that the court determines is appropriate. The law
enforcement officials so notified shall take all actions necessary to
execute any outstanding warrants or any other actions, as
appropriate and as soon as practicable.
(B) If the results of the search conducted pursuant to paragraph
(1) indicate that the subject of the search is currently on parole or
probation, the court shall order the clerk of the court to
immediately notify, by the most effective means available, the
appropriate parole or probation officer of any information obtained
through the search that the court determines is appropriate. The
parole or probation officer so notified shall take all actions
necessary to revoke any parole or probation, or any other actions,
with respect to the subject person, as appropriate and as soon as
practicable.
(l) Upon making any order for custody or visitation pursuant to
this section, the court shall follow the procedures specified in
subdivisions (c) and (d) of Section 6323 of the Family Code.