BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1659|
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CONSENT
Bill No: AB 1659
Author: Chau (D)
Amended: 4/1/14 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 6/17/14
AYES: Jackson, Corbett, Lara, Leno, Monning, Vidak
NO VOTE RECORDED: Anderson
ASSEMBLY FLOOR : 77-0, 4/21/14 (Consent) - See last page for
vote
SUBJECT : Civil actions: post-verdict motions
SOURCE : California Defense Council
Consumer Attorneys of California
DIGEST : This bill increases uniformity between the timelines
for three different post-verdict motions: a motion for judgment
notwithstanding the verdict (JNOV); a motion for a new trial;
and a motion to set aside and vacate a judgment.
ANALYSIS :
Existing law:
1.Requires, among other things, a party intending to move for a
new trial to file with the clerk and serve upon each adverse
party a notice of intention to move for a new trial,
designating the grounds upon which the motion will be made and
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whether the same will be made upon affidavits or the minutes
of the court, or both, either:
After the decision is rendered and before entry of the
judgment; or
Within 15 days of the date of mailing notice of entry of
judgment by the clerk of the court, as specified, or
service upon him by any party of written notice of entry of
judgment, or within 180 days after the entry of judgment,
whichever is earliest; provided, that upon the filing of
the first notice of intention to move for a new trial by a
party, each other party shall have 15 days after the
service of notice upon him to file an serve a notice of
intention to move for a new trial. (Code Civil Procedure
(CCP) Section 659)
1.Provides the following:
The power of a court to rule on a motion for a new trial
expires 60 days from the mailing of notice of entry of
judgment by the court clerk, or 60 days after service on
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 the first notice
of intention to move to set aside and vacate the judgment;
If the motion is not determined within the specified
periods, the effect shall be a denial of the motion without
further order of the court;
A motion for a new trial is not determined until an
order ruling on the motion is (a) entered in the permanent
minutes of the court or (b) signed by the judge and filed
with the clerk;
The entry of a new trial order in the permanent minutes
of the court shall constitute a determination of the motion
even though such minute order as entered expressly directs
that a written order be prepared, signed and filed; and
The minute entry in all cases must show the date on
which the order actually is entered in the permanent
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minutes, but provides that failure to comply with this
direction shall not impair the validity or effectiveness of
the order. (CCP Section 660)
1.Provides, within 10 days of filing a notice for a new trial,
the moving party shall serve upon all other parties and file
any affidavits intended to be used upon such motion. Such
other parties shall have 10 days after such service within
which to serve upon the moving party and file
counter-affidavits. The time herein specified may, for good
cause shown by affidavit or by written stipulation of the
parties, be extended by any judge for an additional period of
not exceeding 20 days. (CCP Section 659a)
2.Requires, in relevant part, that a motion for JNOV be made
within the period specified for the filing and serving of
notice of intention to move for a new trial. Provides that
the making of a JNOV motion shall not extend the time within
which a party may file and serve notice of intention to move
for a new trial. (CCP Section 629)
3.Sets the timing and procedures to file a motion to set aside
and vacate a judgment and for a court to rule upon that
motion. (CCP Section 663a)
This bill:
1.Provides, within 10 days of filing the notice, the moving
party shall serve upon all other parties and file any brief
and accompanying documents, including affidavits in support of
the motion. The other parties shall have 10 days after that
service within which to serve upon the moving party and file
any opposing briefs and accompanying documents, including
counter-affidavits. The moving party shall have five days
after that service to file any reply brief and accompanying
documents. These deadlines may, for good cause shown by
affidavit or by written stipulation of the parties, be
extended by any judge for an additional period not to exceed
10 days.
2.Adds that the moving, opposing, and reply briefs and any
accompanying documents for a JNOV motion shall be filed and
served within the periods specified for a motion for a new
trial (as proposed to be amended by this bill, above) and adds
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that the hearing on the JNOV motion shall be set in the same
manner as the hearing on a motion for new trial.
3.Adds that the moving, opposing, and reply briefs and any
accompanying documents for a motion to set aside and vacate a
judgment shall be filed and served within the periods
specified for a motion for a new trial (as proposed to be
amended by this bill), and adds that the hearing on the motion
for a motion to set aside and vacate a judgment shall be set
in the same manner as the hearing on a motion for new trial.
4.Makes other nonsubstantive and technical changes.
Background
As a matter of law, the time for making a motion depends on the
nature of the motion and the relief sought. Certain motions,
such as motions for change of venue, should be made at the
earliest opportunity. (44 Cal. Jur. Motion Procedure Sec. 8.)
Other motions, such as motions for a new trial, are necessarily
made after judgment has been rendered. Generally, once a
judgment has been entered, the trial court loses its
unrestricted power to change that judgment. For example, while
the court retains power to correct clerical errors in a judgment
that has been entered, it may not amend such a judgment to
substantially modify it or materially alter the rights of the
parties under its authority to correct clerical error. The
trial court does, however, retain jurisdiction for a limited
period of time to entertain and grant a motion for a new trial,
a motion for a JNOV, or a motion to set aside and vacate a
judgment and enter a different judgment where there was an
incorrect or erroneous legal basis for the decision, not
consistent with or supported by the facts, or a judgment not
consistent with or not supported by a special verdict, among
other things. (40A Cal. Jur. Judgments Sec. 244)
CCP generally sets timelines and procedures for the making and
consideration of each of the above motions. If a motion is not
filed and served within those timeframes, it can be either
premature or overdue; either way, the court would lack
jurisdiction to consider and grant the motion. Sponsored by
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both the California Defense Council and the Consumer Attorneys
of California, this bill seeks to bring uniformity to the
timeliness and procedures for filings and service of documents
relating to these post-verdict motions so as to reduce confusion
for the parties and promote the efficient use of court
resources.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/19/14)
California Defense Council (co-source)
Consumer Attorneys of California (co-source)
Judicial Council
ARGUMENTS IN SUPPORT : According to the author:
AB 1659 will set a uniform briefing schedule for post-trial
motions. Currently, the deadlines for filing post-trial
motions are inconsistent and cause confusion to practitioners.
Post-trial motions refer to motions for a new trial, judgment
notwithstanding the verdict (JNOV), and motions to vacate the
judgment.
[ . . . ]
These motions are vital to civil litigation practice and the
inconsistency in deadlines result in procedural difficulties
by requiring practitioners to make numerous ex parte trips to
the courthouse to work out scheduling.
Given the importance of these motions and the budgetary
constraints our courts face, conforming these deadlines will
benefit the practice of law for all parties and will help save
court resources by minimizing the need for ex parte trips.
AB 1659 will make scheduling more efficient for attorneys and
the courts by simplifying and streamlining the deadlines for
filing a motion for a new trial, a motion for judgment
notwithstanding the verdict and a motion to vacate the
judgment.
Consumer Attorneys of California, a co-sponsor of this bill,
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writes that "AB 1659 is a non-controversial, procedural measure
that will set a uniform briefing schedule for certain post trial
motions," noting that, currently, "post trial motions are
complex and intricate and laden with jurisdictional pitfalls."
The California Defense Council, also a co-sponsor of this bill,
adds that aligning the deadlines for these three post-trial
motions "will simplify practice to the benefit of lawyers,
litigants, and the courts."
ASSEMBLY FLOOR : 77-0, 4/21/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Harkey, Melendez, Vacancy
JA:k 6/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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