Bills

AB 1141: Civil actions.

  • Session Year: 2015-2016
  • House: Assembly
  • Latest Version Date: 2015-09-28
Version:

(1)Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law provides that a motion for summary adjudication shall be granted only if it completely disposes of a cause of action, affirmative defense, claim for damages, or issue of duty.

This bill would allow a motion for summary adjudication that does not completely dispose of a cause of action, affirmative defense, or issue of duty if the parties whose claims or defenses are put at issue by the motion jointly stipulate as to the issue or issues to be adjudicated and declare that a ruling on the motion would further the interest of judicial economy. This bill would also prescribe the contents of, and signatories to, the notice of motion, among other provisions.

(2)Existing law permits a party to serve an offer in writing upon any other party to an action prior to commencement of trial or arbitration to allow judgment to be taken or an award to be entered in accordance with agreed upon terms and conditions. Existing law provides that if an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the court or arbitrator may require the plaintiff to pay a reasonable sum to cover costs of the services of expert witnesses, as specified.

This bill would clarify that this provision requires a plaintiff to cover only expert witness costs that arose postoffer.

(3)This bill would incorporate additional changes to Section 437c of the Code of Civil Procedure proposed by SB 470 that would become operative only if SB 470 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

Discussed in Hearing

Assembly Floor 1MIN
Aug 27, 2015

Assembly Floor

Senate Floor 2MIN
Aug 24, 2015

Senate Floor

Senate Standing Committee on Judiciary 5MIN
Jun 16, 2015

Senate Standing Committee on Judiciary

Assembly Floor 6MIN
Apr 23, 2015

Assembly Floor

Assembly Standing Committee on Judiciary 10MIN
Apr 21, 2015

Assembly Standing Committee on Judiciary

View Older Hearings
Authors shown for version:
Chaptered (9/28/2015)

Bill Author