BILL ANALYSIS
AB 1742
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CONCURRENCE IN SENATE AMENDMENTS
AB 1742 (Judiciary Committee)
As Amended September 2, 2005
Majority vote
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|ASSEMBLY: |71-0 |(May 27, 2005) |SENATE: |38-0 |(September 6, |
| | | | | |2005) |
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Original Committee Reference: JUD.
SUMMARY : Seeks to improve court operations and practice by
making a variety of changes to civil law and procedure, as well
as several technical statutory changes. Specifically, this
bill :
1)Conforms the liability standards for arrests made through an
Automated Warrant System (AWS) with those of the traditional,
paper warrant process by providing that the term "warrant of
arrest regular upon its face" includes both a paper arrest
warrant issued pursuant to a judicial order and a judicial
order entered into an automated warrant system by authorized
law enforcement or court personnel, as specified.
2)Clarifies and streamlines small claims court procedures by:
a) Providing that, when a claim is filed in the small
claims court, the case shall be scheduled for hearing no
earlier than 20 days and not more than 70 days from the
date of the order;
b) Requiring that proof of service of the claim and order
be filed at least five days before the hearing;
c) Authorizing a party to make only one motion to correct a
clerical error or set aside and vacate a judgment, and
allowing a party 30 days after the clerk mails notice of
entry of judgment to make that motion; and,
d) Deleting the 10-day waiting period before a small claims
appeal and judgment can be transferred to the small claims
court for enforcement proceedings.
3)Deletes the repeal date of January 1, 2006, in Code of Civil
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Procedure (CCP) Section 128.7, which authorizes sanctions for
the filing of frivolous lawsuits, thereby continuing
indefinitely the courts' sanctioning authority in this area.
4)Authorizes access by law enforcement officials and registered
process servers to a staffed gated community for the purpose
of serving a subpoena, consistent with their current access
for the purpose of performing lawful service of process.
5)Makes a technical, non-substantive correction to CCP Section
425.115 regarding service of punitive damages statements in
order to correct typographical errors by changing the word
"motion" to "statement."
6)Requires that acceptance of an offer to compromise a claim,
whether made on the document containing the offer or on a
separate document of acceptance, be in writing and signed.
7)Slightly broadens existing law on disqualification where an
attorney in one case is or was representing a court, a judge
or justice, or any other judicial branch entity in an
unrelated matter to provide that disqualification is not
mandated solely because of that representation.
8)Harmonizes the procedures for presenting a claim against a
judicial branch entity with the procedures under the Tort
Claims Act for presenting a claim against a statewide public
entity by:
a) Clarifying the kinds of claims that need to be presented
to the Judicial Council (JC) before a lawsuit can be filed
to make the section consistent with the provisions
governing claims against the state;
b) Clarifying that the judicial branch, like the state and
local government entities, is not required to present
claims against local government entities before commencing
a lawsuit; and,
c) Allowing JC, like the state, to require claimants to
present their claims on a mandated claim form.
1)Allows courts to make temporary custody and visitation orders
before a venue change, as they currently can for support
orders, and adds actions under the Uniform Parentage Act to
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the existing authority to make these temporary orders in
separation and dissolution cases.
2)Deletes an obsolete reference to the California Judges
Association in the reference to the code of judicial ethics
contained in Labor Code Section 123.6.
3)Grants court personnel access to electronic data on insurance
coverage through Department of Motor Vehicles (DMV) records in
the same manner that the data is provided to law enforcement
officers.
4)Clarifies that an appointed Public Administrator may obtain
unclaimed property from the State Controller on behalf of a
deceased.
5)Clarifies that the non-discrimination obligations of state
entities under Government Code Section 11135 apply to the
California State University.
6)Makes several technical and clarifying changes to sections of
the Uniform Civil Fee enacted by AB 145 that affect county law
library funding and are consistent with the original intent of
AB 145. It also allows Los Angeles County to approve a $3,
rather than a $2, law library increase to take effect on
January 1, 2006, and makes other technical changes.
7)Makes certain changes contingent upon the enactment of pending
bill related to the small claims court.
8)Provides that the provisions of this bill apply prospectively
only, except as otherwise noted.
The Senate amendments add various technical and other
non-controversial provisions, including the following:
1)Grant court personnel access to electronic data on insurance
coverage through DMV records in the same manner that the data
is provided to law enforcement officers.
2)Clarify that an appointed Public Administrator may obtain
unclaimed property from the State Controller on behalf of a
deceased.
3)Clarify that the non-discrimination obligations of state
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entities under the Government Code apply to the California
State University, consistently with existing law.
4)Make several technical and clarifying changes to sections of
the Uniform Civil Fee enacted by AB 145 that affect county law
library funding and are consistent with the original intent of
AB 145. It also allows Los Angeles County to approve a $3,
rather than a $2, law library increase to take effect on
January 1, 2006, and make other technical changes.
5)Make certain changes regarding law library fee distribution
contingent upon the enactment of pending bill related to the
small claims court.
EXISTING LAW :
1)Provides that no liability or cause of action arises against a
peace officer making an arrest pursuant to a warrant of arrest
regular upon its face, if the peace officer acts without
malice and in reasonable belief that the person arrested is
the one referred to in the warrant.
2)Establishes procedures in small claims court governing time
periods for scheduling cases for hearing and methods for
service of the claim and order on a defendant. Authorizes a
court to correct a clerical error in a judgment or set aside
and vacate a judgment on the ground of an incorrect or
erroneous legal basis for the decision. Provides for a 10-day
waiting period before a small claims appeal and judgment can
be transferred to the small claims court for enforcement
proceedings.
3)Requires, until January 1, 2006, that all pleadings filed with
a court be signed, except as specified, and that the filing of
any paper with a court certifies that specified conditions
have been satisfied. Specifies sanctions for violation of
these requirements.
4)Requires a person to be granted access to a staffed gated
community for a reasonable time period for the purpose of
performing lawful service of process, as specified.
5)Governs offers by a party to compromise a claim, and requires
such offers to be in writing.
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6)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.
7)Requires the JC 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 JC. 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.
8)Sets forth the procedure for filing a claim against a
statewide public entity, as specified.
9)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.
10)Requires workers' compensation administrative law judges, as
specified, to subscribe to the Code of Judicial Ethics and to
not engage in conduct contrary to that code or to the
commentary to the Code of Judicial Ethics made by the
California Judges Association.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
except as noted above.
FISCAL EFFECT : According to the Senate Appropriations analysis,
costs for court operations would be minor, if any and changes to
the fee schedule are revenue neutral.
COMMENTS : This bill seeks to make a variety of
non-controversial changes to civil law and procedure, as well as
several technical statutory changes that will improve court
operations and practice. JC is sponsoring most of the
provisions. The remaining provisions are sponsored by the
County of San Mateo, the Conference of Delegates of California
Bar Associations, the California Council of the Blind, and the
California Association of Public Administrators.
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Analysis Prepared by : Kevin Baker / JUD. / (916) 319-2334
FN: 0013213