Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1659

Introduced by Assembly Member Chau

February 12, 2014

An act to amend begin delete Section 430.30 end delete begin insert Sections 629, 659a, and 663a end insert of the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 1659, as amended, Chau. Civil actions: begin delete objections to pleadings end delete begin insert post-verdict motions end insert .

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Existing law establishes procedures by which a court, either on its own motion or on motion of a party against whom a verdict has been rendered, may render judgment in favor of the aggrieved party notwithstanding the verdict. Existing law also establishes the procedures by which a party to a court action may make a motion to set aside and vacate a judgment.

end insert begin insert

This bill would require that the moving, opposing, and reply briefs and accompanying documents in support or opposition to a motion for judgment notwithstanding the verdict or in support or opposition to a motion to set aside and vacate a judgment be served and filed in accordance with the deadlines applicable to a motion for new trial.

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Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer if the ground for the objection appears on the face of the pleading or is from a matter of which the court must or may take judicial notice. If the ground for the objection does not appear on the face of the pleading, existing law permits the objection to be taken by answer. Existing law permits a party objecting to a complaint or cross-complaint to demur and answer at the same time.

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This bill would require that, before filing a demurrer, the demurring party meet and confer with the opposing party, and file a declaration with the demurrer showing a reasonable and good faith attempt at an informal resolution of each issued presented in the demurrer.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 629 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

629.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert The end insert court, before the expiration of its power to
rule on a motion for a new trial, either of its own motion, after five
days’ notice, or on motion of a party against whom a verdict has
been rendered, shall render judgment in favor of the aggrieved
party notwithstanding the verdict whenever a motion for a directed
verdict for the aggrieved party should have been granted had a
previous motion been made.

begin delete

A

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert motion for judgment notwithstanding the verdict shall be
made within the period specified by Section 659 begin delete of this code in
respect of end delete begin insert for end insert the filing and begin delete serving end delete begin insert service end insert of begin insert a end insert notice of intention
to move for a new trial. begin insert The moving, opposing, and reply briefs
and any accompanying documents shall be filed and served within
the periods specified by Section 659a and the hearing on the motion
shall be set in the same manner as the hearing on a motion for
new trial under Section 660. end insert The making of a motion for judgment
notwithstanding the verdict shall not extend the time within which
a party may file and serve notice of intention to move for a new
trial. The court shall not rule upon the motion for judgment
notwithstanding the verdict until the expiration of the time within
which a motion for a new trial must be served and filed, and if a
motion for a new trial has been filed with the court by the aggrieved
party, the court shall rule upon both motions at the same time. The
power of the court to rule on a motion for judgment
notwithstanding the verdict shall not extend beyond the last date
upon which it has the power to rule on a motion for a new trial. If
a motion for judgment notwithstanding the verdict is not
determined before begin delete such end delete begin insert that end insert date, the effect shall be a denial of
begin delete such end delete begin insert that end insert motion without further order of the court.

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If

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begin insert (c) end insert begin insert   end insert begin insert If end insert the motion for judgment notwithstanding the verdict begin delete be end delete
begin insert is end insert denied and if a new trial begin delete be end delete begin insert is end insert denied, the appellate court shall,
when it appears that the motion for judgment notwithstanding the
verdict should have been granted, order judgment to be so entered
on appeal from the judgment or from the order denying the motion
for judgment notwithstanding the verdict.

begin delete

Where

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begin insert (d) end insert begin insert   end insert begin insert If end insert a new trial is granted to the party moving for judgment
notwithstanding the verdict, and the motion for judgment
notwithstanding the verdict is denied, the order denying the motion
for judgment notwithstanding the verdict shall nevertheless be
reviewable on appeal from begin delete said end delete begin insert that end insert order by the aggrieved party.
If the court grants the motion for judgment notwithstanding the
verdict or of its own motion directs the entry of judgment
notwithstanding the verdict and likewise grants the motion for a
new trial, the order granting the new trial shall be effective only
if, on appeal, the judgment notwithstanding the verdict is reversed,
and the order granting a new trial is not appealed from or, if
appealed from, is affirmed.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 659a of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

659a.  

Within 10 days of filing the notice, the moving party
shall serve upon all other parties and file any begin delete affidavits intended
to be used upon such motion. Such end delete begin insert brief and accompanying
documents, including affidavits in support of the motion. The end insert other
parties shall have begin delete ten end delete begin insert 10 end insert days after begin delete such end delete begin insert that end insert service within which
to serve upon the moving party and file begin insert any opposing briefs and
accompanying documents, including end insert counter-affidavits. begin delete The time
herein specified end delete begin insert The moving party shall have five days after that
service to file any reply brief and accompanying documents. end insert begin insert These
deadlines end insert may, for good cause shown by affidavit or by written
stipulation of the parties, be extended by any judge for an additional
begin delete period of not exceeding 20 end delete begin insert period not to exceed 10 end insert days.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 663a of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

663a.  

(a) A party intending to make a motion to set aside and
vacate a judgment, as described in Section 663, shall file with the
clerk and serve upon the adverse party a notice of his or her
intention, designating the grounds upon which the motion will be
made, and specifying the particulars in which the legal basis for
the decision is not consistent with or supported by the facts, or in
which the judgment or decree is not consistent with the special
verdict, either:

(1) After the decision is rendered and before the entry of
judgment.

(2) Within 15 days of the date of mailing of notice of entry of
judgment by the clerk of the court pursuant to Section 664.5, or
service upon him or her by any party of written notice of entry of
judgment, or within 180 days after the entry of judgment,
whichever is earliest.

(b)  Except as otherwise provided in Section 12a, the power of
the court to rule on a motion to set aside and vacate a judgment
shall expire 60 days from the mailing of notice of entry of judgment
by the clerk of the court pursuant to Section 664.5, or 60 days after
service upon the moving party by any party of written notice of
entry of the judgment, whichever is earlier, or if that notice has
not been given, then 60 days after filing of the first notice of
intention to move to set aside and vacate the judgment. If that
motion is not determined within the 60-day period, or within that
period, as extended, the effect shall be a denial of the motion
without further order of the court. A motion to set aside and vacate
a judgment is not determined within the meaning of this section
until an order ruling on the motion is (1) entered in the permanent
minutes of the court, or (2) signed by the judge and filed with the
clerk. The entry of an order to set aside and vacate the judgment
in the permanent minutes of the court shall constitute a
determination of the motion begin delete , end delete even though that minute order, as
entered, expressly directs that a written order be prepared, signed,
and filed. The minute entry shall, in all cases, show the date on
which the order actually is entered in the permanent minutes, but
failure to comply with this direction shall not impair the validity
or effectiveness of the order.

(c) The provisions of Section 1013 extending the time for
exercising a right or doing an act where service is by mail shall
not apply to extend the times specified in paragraphs (1) and (2)
of subdivision (a).

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(d) The moving, opposing, and reply briefs and any
accompanying documents shall be filed and served within the
periods specified by Section 659a and the hearing on the motion
shall be set in the same manner as the hearing on a motion for
new trial under Section 660.

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(d)

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begin insert (e) end insert  An order of the court granting a motion may be reviewed
on appeal in the same manner as a special order made after final
judgment.

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SECTION 1.  

Section 430.30 of the Code of Civil Procedure
is amended to read:

430.30.  

(a) When any ground for objection to a complaint,
cross-complaint, or answer appears on the face thereof, or from
any matter of which the court is required to or may take judicial
notice, the objection on that ground may be taken by a demurrer
to the pleading.

(b) When any ground for objection to a complaint or
cross-complaint does not appear on the face of the pleading, the
objection may be taken by answer.

(c) A party objecting to a complaint or cross-complaint may
demur and answer at the same time.

(d) Before filing a demurrer, the demurring party shall meet and
confer with the opposing party and shall file a declaration
concurrently with the demurrer evidencing a reasonable and good
faith attempt to resolve informally each issue presented by the
demurrer.

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