BILL NUMBER: AB 1356 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Bloom
FEBRUARY 22, 2013
An act to amend Section 412.20 of the Code of Civil
Procedure 1708.7 of the Civil Code , relating
to civil actions stalking .
LEGISLATIVE COUNSEL'S DIGEST
AB 1356, as amended, Bloom. Summons.
Stalking: remedies.
Existing law provides that a person is liable for the tort of
stalking if he or she engaged in a pattern of conduct intended to
follow, alarm, or harass the plaintiff, that resulted in the
plaintiff reasonably fearing for his or her safety, or the safety of
an immediate family member, and the person has either made a credible
threat with the intent to place the plaintiff in reasonable fear for
his or her safety, or that of an immediate family member, and how
continued in his or her pattern of conduct after the plaintiff
demands that he or she cease, or has violated a restraining order.
This bill would include a pattern of conduct intended to place the
plaintiff under surveillance, as defined, within those elements
defining the tort of stalking. The bill would permit the plaintiff to
show, as an alternative to the plaintiff reasonably fearing for his
or her safety or that of a family member, that the pattern of conduct
resulted in the plaintiff suffering substantial emotional distress,
and that the pattern of conduct would cause a reasonable person to
suffer substantial emotional distress. The bill would require the
plaintiff to show that the person has either made a credible threat
with the intent to place the plaintiff in reasonable fear for his or
her safety, or that of an immediate family member, or, reckless
disregard for the safety of the plaintiff or that of an immediate
family member. The bill would relieve the plaintiff, under exigent
circumstances, as specified, of the requirement to demand that the
defendant cease his or her behavior. The bill would also define the
terms "follows," "place under surveillance," and "substantial
emotional distress" for purposes of these provisions.
Existing law requires that a summons for a civil action be
directed to the defendant, signed by the clerk, and issued under the
seal of the court in which the action is pending, and that it contain
specified information, instructions, and admonishments regarding the
action.
This bill would make technical, nonsubstantive changes to these
provisions.
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 1708.7 of the Civil
Code is amended to read:
1708.7. (a) A person is liable for the tort of stalking when the
plaintiff proves all of the following elements of the tort:
(1) The defendant engaged in a pattern of conduct the intent of
which was to follow, alarm, place under surveillance, or
harass the plaintiff. In order to establish this element, the
plaintiff shall be required to support his or her allegations with
independent corroborating evidence.
(2) As a result of that pattern of conduct, the plaintiff
either of the following occurred:
(A) The plaintiff reasonably
feared for his or her safety, or the safety of an immediate family
member. For purposes of this paragraph
subparagraph , "immediate family" means a spouse, parent,
child, any person related by consanguinity or affinity within the
second degree, or any person who regularly resides, or, within the
six months preceding any portion of the pattern of conduct, regularly
resided, in the plaintiff's household.
(B) The plaintiff suffered substantial emotional distress, and the
pattern of conduct would cause a reasonable person to suffer
substantial emotional distress.
(3) One of the following:
(A) The defendant, as a part of the pattern of conduct specified
in paragraph (1), made a credible threat with the
either (i) the intent to place the plaintiff in reasonable
fear for his or her safety, or the safety of an immediate family
member and, on at member, or (ii) reckless
disregard for the safety of the plaintiff or that of an
immediate family member. In addition, the plaintiff must have, on at
least one occasion, the plaintiff clearly
and definitively demanded that the defendant cease and abate his or
her pattern of conduct and the defendant persisted in his or her
pattern of conduct unless exigent circumstances make the
plaintiff's communication of the demand impractical or unsafe .
(B) The defendant violated a restraining order, including, but not
limited to, any order issued pursuant to Section 527.6 of the Code
of Civil Procedure, prohibiting any act described in subdivision (a).
(b) For the purposes of this section:
(1) "Pattern of conduct" means conduct composed of a series of
acts over a period of time, however short, evidencing a continuity of
purpose. Constitutionally protected activity is not included within
the meaning of "pattern of conduct."
(2) "Credible threat" means a verbal or written threat, including
that communicated by means of an electronic communication device, or
a threat implied by a pattern of conduct , including, but not
limited to, acts in which a defendant directly, indirectly, or
through third parties, by any action, method, device, or means,
follows, harasses, monitors, surveils, threatens, or interferes with
or damages the plaintiff's property, or a combination of
verbal, written, or electronically communicated statements and
conduct, made with the intent and apparent ability to carry out the
threat so as to cause the person who is the target of the threat to
reasonably fear for his or her safety or the safety of his or her
immediate family.
(3) "Electronic communication device" includes, but is not limited
to, telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.
(4) "Follows" means to move in relative proximity to a person as
that person moves from place to place or to remain in relative
proximity to a person who is stationary or whose movements are
confined to a small area but does not include following the plaintiff
within the residence of the defendant.
(4)
(5) "Harass" means a knowing and willful course of
conduct directed at a specific person which seriously alarms, annoys,
torments, or terrorizes the person, and which serves no legitimate
purpose. The course of conduct must be such as would cause a
reasonable person to suffer substantial emotional distress, and must
actually cause substantial emotional distress to the person.
(6) "Place under surveillance" means remaining present outside of
the plaintiff's school, place of employment, vehicle, residence,
other than the residence of the defendant, or other place occupied by
the plaintiff. For purposes of the liability created by subdivision
(a), "place under surveillance" does not include any lawful activity
of private investigators licensed pursuant to Article 3 (commencing
with Section 7520) of Chapter 11.3 of Division 3 of the Business and
Professions Code, or of law enforcement personnel or employees of
agencies, either public or private, who, in the course and scope of
their employment, encourage or attempt to engage in any conduct or
activity to obtain evidence of suspected illegal activity or other
misconduct, suspected violation of any administrative rule or
regulation, suspected fraudulent conduct, or any suspected activity
involving a violation of law or business practice or conduct of a
public official that adversely affects public welfare, health, or
safety.
(7) "Substantial emotional distress" shall not be construed to
have the same meaning as the "severe emotional distress" requirement
for intentional infliction of emotional distress. "Substantial
emotional distress" does not require a showing of physical
manifestations of emotional distress; rather, it requires the
evaluation of the totality of the circumstances to determine whether
the defendant reasonably caused the plaintiff substantial fear,
anxiety, or emotional torment.
(c) A person who commits the tort of stalking upon another is
liable to that person for damages, including, but not limited to,
general damages, special damages, and punitive damages pursuant to
Section 3294.
(d) In an action pursuant to this section, the court may grant
equitable relief, including, but not limited to, an injunction.
(e) The rights and remedies provided in this section are
cumulative and in addition to any other rights and remedies provided
by law.
(f) This section shall not be construed to impair any
constitutionally protected activity, including, but not limited to,
speech, protest, and assembly.
(g) This act is an exercise of the police power of the state for
the protection of the health, safety, and welfare of the people of
the State of California, and shall be liberally construed to
effectuate those purposes.
SECTION 1. Section 412.20 of the Code of Civil
Procedure is amended to read:
412.20. (a) Except as otherwise required by statute, a summons
shall be directed to the defendant, signed by the clerk, and issued
under the seal of the court in which the action is pending, and it
shall contain all of the following:
(1) The title of the court in which the action is pending.
(2) The names of the parties to the action.
(3) A direction that the defendant file with the court a written
pleading in response to the complaint within 30 days after summons is
served on him or her.
(4) A notice that, unless the defendant so responds, his or her
default will be entered upon application by the plaintiff, and the
plaintiff may apply to the court for the relief demanded in the
complaint, which could result in garnishment of wages, taking of
money or property, or other relief.
(5) The following statement in boldface type: "You may seek the
advice of an attorney in any matter connected with the complaint or
this summons. Such attorney should be consulted promptly so that your
pleading may be filed or entered within the time required by this
summons."
(6) The following introductory legend at the top of the summons
above all other matter, in boldface type, in English and Spanish:
"Notice! You have been sued. The court may decide against you
without your being heard unless you respond within 30 days. Read
information below."
(b) Each county may, by ordinance, require that the legend
contained in paragraph (6) of subdivision (a) be set forth in every
summons issued out of the courts of that county in any additional
foreign language, if the legend in the additional foreign language is
set forth in the summons in the same manner as required in that
paragraph.
(c) A summons in a form approved by the Judicial Council complies
with this section.