BILL NUMBER: AB 2475	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Beall

                        FEBRUARY 19, 2010

   An act to add Section 43.94 to the Civil Code, relating to
immunity.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2475, as amended, Beall. Judicial immunity.
   Existing law grants immunity from civil suit to judges for acts
performed in the exercise of their judicial functions. Under the
concept of quasi-judicial immunity, this absolute judicial immunity
has been extended to persons other than judges if those persons act
in a judicial or quasi-judicial capacity, including neutral 3rd
parties engaged in attempts to settle disputes.
   This bill would provide that the doctrine of judicial immunity or
quasi-judicial immunity shall not apply to exonerate any 3rd party
who is engaged in mediation, conciliation, evaluation, or similar
dispute resolution efforts under any statute or contract 
relating to an action or proceeding under the Family Code  from
liability for any act performed within that capacity.  The bill
would apply only to private persons appointed by the courts for their
expertise, including mediators, guardians ad litem, therapists,
receivers, and bankruptcy trustees, and to persons involved in
alternative methods of dispute resolution who function apart from the
courts pursuant to private agreement, including mediators,
conciliators, evaluators, and marriage and family therapists. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 43.94 is added to the Civil Code, to read:
   43.94.  (a) The doctrine of judicial immunity or quasi-judicial
immunity shall not apply to exonerate any third party who is engaged
in mediation, conciliation, evaluation, or similar dispute resolution
efforts under any statute or contract  relating to an action or
proceeding under the Family Code  from liability for any act
performed within that capacity. 
   (b) This section shall apply, but not be limited, to all of the
following:  
   (1) Mediators, guardians ad litem, therapists, receivers,
bankruptcy trustees, and other persons appointed by the courts for
their expertise.  
   (2) Persons whose work product comes into the judicial process to
be used by the court even though they were not court-appointed, such
as social workers and probation department employees. 

   (3) Persons involved in alternative methods of dispute resolution,
such as mediators and neutral factfinders, who function apart from
the courts pursuant to private agreement, including mediators,
conciliators, evaluators, and marriage and family therapists.
 
   (c) This section does not apply to any judicial officer,
subordinate judicial officer, or arbitrator.  
   (b) This section shall apply only to the following:  
   (1) A private person appointed by the courts for his or her
expertise, including mediators, guardians ad litem, therapists,
receivers, and bankruptcy trustees.  
   (2) A person involved in alternative methods of dispute
resolution, such as mediation or neutral factfinding, who functions
apart from the court pursuant to a private agreement, including
mediators, conciliators, evaluators, and marriage and family
therapists.  
   (c) This section does not apply to any of the following: 

   (1) A judicial officer, subordinate judicial officer, or
arbitrator.  
   (2) An individual employed by the court.  
   (3) Any person whose work product comes into the judicial process
to be used by the court even though he or she was not court
appointed, such as social workers and probation department employees.