BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2119|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
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|327-4478 | |
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CONSENT
Bill No: AB 2119
Author: Tran (R)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/10/10
AYES: Corbett, Harman, Hancock, Leno, Walters
ASSEMBLY FLOOR : 76-0, 4/5/10 - See last page for vote
(Consent)
SUBJECT : Civil procedure: deadlines: computation
SOURCE : State Bar of California Committee on
Administration of
Justice
DIGEST : This bill adds to the Code of Civil Procedure a
definitive method of calculating specified action
deadlines, including the service and court filing of
specified motions, oppositions, and replies, as they
pertain to court hearings.
ANALYSIS : Existing law provides that the time in which
any act provided by law is to be done is computed by
excluding the first day, and including the last, unless the
last day is a holiday, and then it is also excluded.
Existing law provides that the time for service and filing
of moving and supporting papers is at least 16 court days
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AB 2119
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before the hearing.
Existing law provides that notice of a motion for summary
judgment and supporting papers shall be served at least 75
days before the hearing.
This bill provides that, when calculating service and
filing deadlines of motions, oppositions, and replies, the
deadline will be counted backward from the hearing date,
excluding the day of the hearing.
This bill provides that additional days added to the
deadline because of a particular method of service shall be
computed by counting backward from the deadline date.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/14/10)
California Judges Association
CompuLaw, LLC
Consumer Attorneys of California
Judicial Council of California
San Francisco Association for Docket Calendar & Court
Services
ARGUMENTS IN SUPPORT : According to the author's office:
This bill clarifies the method of counting days in
situations where a statute requires that a certain act
(such as service of a brief) be done a specified
number of days before a hearing date.
This bill provides that where the law requires that an
act be performed no later than a specified number of
days before a hearing date, the last day to perform
that act will be determined by counting backward from
the hearing date, excluding the day of the hearing.
The bill further provides that any additional days
that need to be added because of a particular method
of service will be computed by continuing to count
backward.
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: Blakeslee, Norby, Portantino
RJG:nl 6/14/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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