AB 984: Courts: frivolous actions or tactics.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-08-07
Existing law, until January 1, 2018, authorizes a trial court to order a party, the partys attorney, or both, to pay the reasonable expenses, including attorneys fees, incurred by another party as a result of bad-faith actions or tactics, as defined, that are frivolous or solely intended to cause unnecessary delay. Existing law requires a party filing a motion pursuant to those provisions to promptly transmit specified information to the California Research Bureau of the California State Library. Existing law requires the bureau to maintain a public record of transmitted information for at least 3 years, or until those provisions are repealed, as specified.
This bill would extend indefinitely the authorization of the trial court to order the payment of those reasonable expenses, but would not extend, and instead delete, the requirements on the filing party and the bureau relating to transmitting and maintaining the specified information, respectively. The bill would require the actions or tactics to be part of a civil case that was filed on or after January 1, 2015.
Existing law requires that any sanctions imposed pursuant to the above provisions be imposed consistently with the standards, conditions, and procedures set forth in specified provisions relating to sanctions.
This bill would delete that requirement and would instead impose various conditions and procedures on the sanctions ordered, as specified.
Existing law, operative on January 1, 2018, authorizes a trial court to make the above-described order only if the actions or tactics arise from a complaint filed, or a proceeding initiated, on or before December 31, 1994.
This bill would delete those provisions.
This bill would declare that it is to take effect immediately as an urgency statute.