BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 731|
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CONSENT
Bill No: SB 731
Author: Senate Judiciary Committee
Amended: 3/29/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 3/22/11
AYES: Evans, Harman, Corbett, Leno
NO VOTE RECORDED: Blakeslee
SUBJECT : Civil actions
SOURCE : Judicial Council
DIGEST : This bill clarifies that existing law relating
to vexatious litigants applies to matters in the Courts of
Appeal. This bill creates a process for the courts to
follow when a vexatious litigant seeks removal from
Judicial Council's vexatious litigant list, and this bill
also makes changes to the judicial arbitration program by
allowing parties to file a request for dismissal following
a satisfactory arbitration, as well as other changes, as
specified.
ANALYSIS : Existing law prohibits a vexatious litigant
from filing any new litigation in pro per without first
obtaining permission of the presiding judge of the court
where the litigation is to be filed. Existing law allows
for the presiding judge to permit the filing of litigation
by a vexatious litigant only if it appears that the
litigation has merit and has not been filed for the
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purposes of harassment or delay. (Code of Civil Procedure
Section 391.7 (a) and (b).)
This bill adds "presiding justice" before "presiding judge"
to clarify that this section also applies to the Courts of
Appeal. This bill also clarifies that the presiding
justice or presiding judge is authorized to designate
another justice or judge to perform his or her duties under
the statute.
Existing law prohibits the court clerk from filing any
litigation presented by a vexatious litigant subject to a
prefiling order unless the vexatious litigant first obtains
an order from a presiding judge permitting the order. If
the litigation is mistakenly filed by the clerk without the
order, any party may file with the clerk to serve on the
plaintiff and other parties a notice stating that the
plaintiff is a vexatious litigant. (Code of Civil
Procedure Section 391.7 (c).)
This bill authorizes the presiding justice or presiding
judge, to order the clerk to give notice of a vexatious
litigant's status if the clerk mistakenly files the
litigation without a prefiling order.
Existing case law allows for a vexatious litigant to be
removed from Judicial Council's list of vexatious litigants
if he/she can demonstrate "a mending of the ways." The
litigant must file an application in the court that entered
the prefiling order to vacate the order and be removed from
the vexatious litigant list. The criteria for vacating a
prefiling order and removing a vexatious litigant from the
list are that (1) there has been a material change in the
facts upon which the order was entered, or (2) the "ends of
justice" would be served. ( Luckett v. Panos (2008) 161
Cal.App.4th 77, 83; PBA, LLC v. KPOD, Ltd. (2003) 112
Cal.App.4th 9965, 978.)
This bill requires a vexatious litigant to follow specified
procedures in order to vacate a prefiling order and remove
his/her name from Judicial Council's list of vexatious
litigants. A vexatious litigant would be required to file
an application in the court that entered the prefiling
order and the application must be made before the presiding
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justice or judge who originally declared the plaintiff to
be a vexatious litigant, if the justice or judge is
available. The presiding justice or presiding judge of a
court may designate a justice or judge of the same court to
act on his/her behalf in exercising the authority and
responsibilities, as specified.
This bill authorizes a judge to vacate the prefiling order
and remove the plaintiff's name from the list of vexatious
litigants upon a showing of a material change in the facts
and that the ends of justice will be served.
This bill limits a vexatious litigant to one application
per 12 month period following denial of the previous
application.
Existing law requires courts with 18 or more judges to have
a judicial arbitration program for unlimited civil cases.
Courts are required to refer non-exempt cases into the
program if the amount in controversy is no more than
$50,000 per plaintiff. (Code of Civil Procedure Section
1141.11.)
Existing law allows parties to opt into the program under
certain circumstances. (Code of Civil Procedure Section
1141.12.)
Existing law requires a party to request a trial de novo
within 30 days after the date of the filing of the
arbitrator's award with the court, or the award will be a
final judgment of law. (Code of Civil Procedure Sections
1141.20 and 1141.23.)
This bill allows parties to request a dismissal when they
are satisfied with the arbitration award instead of having
to file a request for a trial de novo or risk having a
judgment entered against them.
This bill extends the time period to request the dismissal
or trial de novo from 30 days to 60 days.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
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SUPPORT : (Verified 3/29/11)
Judicial Council (source)
ARGUMENTS IN SUPPORT : According to the sponsor of this
bill, Judicial Council, "SB 731 will reduce costs for the
parties and the courts associated with preparing, filing,
and processing unnecessary trial de novo requests.
Providing parties with the option of filing a request for
dismissal to stop entry of the arbitrator's award as the
judgment will allow parties who are satisfied with that
award, or who were able to reach agreement with the help of
the award, to settle their cases without also having to
file a trial de novo request. In addition, giving parties
an additional 30 days before the arbitrator's award is
entered as the judgment should also increase the number of
cases in which the parties have sufficient time to work out
the details of a settlement, further reducing the number of
unnecessary trial de novo requests that are filed."
In light of the state's financial crisis it is increasingly
important to find ways for the courts to run more
efficiently. This bill will clarify and streamline the
procedures for courts dealing with vexatious litigants.
Minor substantive changes will be made to clarify that this
statute applies in the Courts of Appeal and that the
presiding justice or judge may designate another justice or
judge to carry out his or her duties, as is currently the
practice in most courts with multiple justices or judges.
Under this bill, the process for a vexatious litigant to be
removed from the list will be codified to ensure
consistency among the courts. As a result of these
clarifications and additions there should be a savings of
time and money for both litigants and the courts. "
RJG:do 3/30/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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