BILL NUMBER: SB 384	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Evans

                        FEBRUARY 15, 2011

    An act to amend Section 382 of the Code of Civil
Procedure, relating to civil actions.   An act to amend
Section 70616 of the Government Code, relating to courts. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 384, as amended, Evans.  Civil actions: joinder:
representative actions.   Courts: complex case fees.
 
   Existing law requires a $550 fee to be paid by each party to a
civil action at the time of filing its first paper if the case is
designated as a complex case or whenever the case is determined by
the court to be a complex case. Existing law imposes a limitation of
$10,000 on the total amount of fees collected from all plaintiffs,
and the same limitation on the total amount of fees collected from
all defendants, intervenors, respondents, and adverse parties
appearing in a complex case.  
   This bill would require the payment of a single complex case fee
on behalf of all plaintiffs, as specified, and would make other
conforming changes. The bill would provide that these changes are
declaratory of existing law.  
   Under existing law, if the consent of any person who should have
been joined as a plaintiff cannot be obtained, that person may be
made a defendant, and the complaint shall state the reason. Existing
law authorizes one or more persons to sue or defend for the benefit
of all if the question is one of a common or general interest of many
persons, or if the parties are numerous and it is impracticable to
bring them all before the court.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 70616 of the  
Government Code   is amended to read: 
   70616.  (a) In addition to the first  appearance 
 paper filing  fee required by Section 70611 or 70613, a
 single  complex case fee shall be paid to the clerk  on
behalf of all plaintiffs, whether filing separately or jointly,
either  at the time of the filing of the first paper if the case
is designated as complex pursuant to the California Rules of Court
 . However, the total complex fees collected from all
plaintiffs appearing in a complex case shall not exceed ten thousand
dollars ($10,000)   ,   or, if no such
designation was made, in each case in which a court determines that
the case is a complex case pursuant to the California Rules of Court,
within 10 calendar days of the filing of the court's order  .
   (b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, either  at the time that party files
its first paper in a case if the case is designated or
counterdesignated as complex pursuant to the California Rules of
Court  , or, if no such designation was made, in each case in
which a court determines that the case is a complex case pursuant to
the California Rules of Court, within 10 calendar days   of
the filing of the court's order  . This additional complex fee
shall be charged to each defendant, intervenor, respondent, or
adverse party appearing in the case, but the total complex fees
collected from all the defendants, intervenors, respondents, or other
adverse parties appearing in a complex case shall not exceed ten
thousand dollars ($10,000). 
   (c) In each case in which a court determines that the case is a
complex case pursuant to the California Rules of Court, all parties
who have not paid the fees required under subdivision (a) or (b)
shall pay the complex case fee prescribed by those subdivisions to
the clerk of the court within 10 calendar days of the filing of the
court's order.  
   (d) 
    (c)  In each case in which the court determines that a
case that has been designated or counterdesignated as complex is not
a complex case, the court shall order reimbursement to the parties of
the amount of any complex case fees that the parties have previously
paid pursuant to subdivision (a) or (b). 
   (e) (1) In each case determined to be complex in which the total
fees actually collected exceed, or if collected would exceed, the
limit in subdivision (a), the court shall make any order as is
necessary to ensure that the total complex fees paid by the
plaintiffs appearing in the case do not exceed the limit and that the
complex fees paid by the plaintiffs are apportioned fairly among the
plaintiffs.  
   (2) 
    (d)  In each case determined to be complex in which the
total fees actually collected exceed, or if collected would exceed,
the limit in subdivision (b), the court shall make any order as is
necessary to ensure that the total complex fees paid by the
defendants, intervenors, respondents, or other adverse parties
appearing in the case do not exceed the limit and that the complex
fees paid by those parties are apportioned fairly among those
parties. 
   (f) 
    (e)  The complex case fee established by this section
shall be five hundred fifty dollars ($550), unless the fee is reduced
pursuant to this section. The fee shall be transmitted to the Trial
Court Trust Fund as provided in Section 68085.1. 
   (g) 
    (f)  The fees provided by this section are in addition
to the filing fee authorized by Section 70611, 70612, 70613, or
70614. 
   (h) 
    (g)  Failure to pay the fees required by this section
shall have the same effect as the failure to pay a filing fee, and
shall be subject to the same enforcement and penalties. 
   (i) The complex fees provided for in this section shall be charged
in all complex cases filed on or after August 18, 2003. 

   (h) The amendments made to this section during the 2011-12 Regular
Session of the Legislature do not constitute a change in, but are
declaratory of, existing law.  
  SECTION 1.    Section 382 of the Code of Civil
Procedure is amended to read:
   382.  If the consent of any person who should have been joined as
a plaintiff cannot be obtained, that person may be made a defendant,
and the complaint shall state the reason. If the question is one of a
common or general interest of many persons, or if the parties are
numerous and it is impracticable to bring them all before the court,
one or more persons may sue or defend for the benefit of all.