BILL NUMBER: AB 2126	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2006

INTRODUCED BY   Assembly Members Lieu and Leno

                        FEBRUARY 21, 2006

   An act to amend Section 580 of the Code of Civil Procedure, and to
amend Section 290 of, and to repeal and add Sections 291 and 4502
of, the Family Code, relating to enforcement of judgments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2126, as amended, Lieu  Enforcement of judgments.
   (1) Existing law provides that certain types of relief may not be
granted in a limited civil case, including enforcement of an order
under the Family Code.
   This bill would remove the enforcement of an order under the
Family Code from the listed types of relief that may not be granted
in a limited civil case.
   (2) Under existing law, a judgment or order for possession or sale
of property made or entered pursuant to the Family Code is subject
to a specified period of enforceability and a procedure for renewal.
Existing law also provides that a judgment for child, family, or
spousal support is enforceable until paid in full and is exempt from
any requirement that judgments be renewed, but may be renewed as
specified.
   This bill would revise and recast these provisions to provide,
instead, that a money judgment or judgment for possession or sale of
property that is made or entered under the Family Code, including a
judgment for child, family, or spousal support, is enforceable until
paid in full or otherwise satisfied. The bill would provide that
these judgments are exempt from any requirement that a judgment be
renewed, but may be renewed as specified.
   (3) The bill would require the Judicial Council, on or before
January 1, 2008, to  publish   develop 
self-help materials that include a description of the remedies
available for enforcement of a judgment under the Family Code, and
practical advice on how to avoid disputes relating to the enforcement
of a support obligation.
   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 580 of the Code of Civil Procedure is amended
to read:
   580.  (a) The relief granted to the plaintiff, if there is no
answer, cannot exceed that demanded in the complaint, in the
statement required by Section 425.11, or in the statement provided
for by Section 425.115; but in any other case, the court may grant
the plaintiff any relief consistent with the case made by the
complaint and embraced within the issue. The court may impose
liability, regardless of whether the theory upon which liability is
sought to be imposed involves legal or equitable principles.
   (b) Notwithstanding subdivision (a), the following types of relief
may not be granted in a limited civil case:
   (1) Relief exceeding the maximum amount in controversy for a
limited civil case as provided in Section 85, exclusive of attorney's
fees, interest, and costs.
   (2) A permanent injunction.
   (3) A determination of title to real property.
   (4) Declaratory relief, except as authorized by Section 86.
  SEC. 2.  Section 290 of the Family Code is amended to read:
   290.  A judgment or order made or entered pursuant to this code
may be enforced by the court by execution, the appointment of a
receiver, or contempt, or by any other order as the court in its
discretion determines from time to time to be necessary.
  SEC. 3.  Section 291 of the Family Code is repealed.
  SEC. 4.  Section 291 is added to the Family Code, to read:
   291.  (a) A money judgment or judgment for possession or sale of
property that is made or entered under this code, including a
judgment for child, family, or spousal support, is enforceable until
paid in full or otherwise satisfied.
   (b) A judgment described in this section is exempt from any
requirement that a judgment be renewed. Failure to renew a judgment
described in this section has no effect on the enforceability of the
judgment.
   (c) A judgment described in this section may be renewed pursuant
to Article 2 (commencing with Section 683.110) of Chapter 3 of
Division 1 of Title 9 of Part 2 of the Code of Civil Procedure. An
application for renewal of a judgment described in this section,
whether or not payable in installments, may be filed:
   (1) If the judgment has not previously been renewed as to past due
amounts, at any time.
   (2) If the judgment has previously been renewed, the amount of the
judgment as previously renewed and any past due amount that became
due and payable after the previous renewal may be renewed at any time
after a period of at least five years has elapsed from the time the
judgment was previously renewed.
   (d) In an action to enforce a judgment for child, family, or
spousal support, the defendant may raise, and the court may consider,
the defense of laches only with respect to any portion of the
judgment that is owed to the state.
   (e) Nothing in this section supersedes the law governing
enforcement of a judgment after the death of the judgment creditor or
judgment debtor.
   (f) On or before January 1, 2008, the Judicial Council shall
 publish   develop  self-help materials
that include: (1) a description of the remedies available for
enforcement of a judgment under this code, and (2) practical advice
on how to avoid disputes relating to the enforcement of a support
obligation. The self-help materials shall be made available to the
 parties in a proceeding under this code  
public through the Judicial Council self-help Web site  .
   (g) As used in this section, "judgment" includes an order.
  SEC. 5.  Section 4502 of the Family Code is repealed.
  SEC. 6.  Section 4502 is added to the Family Code, to read:
   4502.  The period for enforcement and procedure for renewal of a
judgment or order for child, family, or spousal support is governed
by Section 291.