Civil actions.
Summary
(1) Existing law requires an attorney to provide a written advisory to a building owner or tenant with each demand for money or complaint for any construction-related accessibility claim, as specified. This bill would clarify that the requirement to provide the written advisory applies whether or not the attorney intends to file a complaint or eventually files a complaint in state or federal court, and would provide that a violation of this requirement may also subject the attorney to disciplinary action. (2) Existing law requires a $550 fee to be paid by each party to a civil action at the time of filing its first paper if the case is designated as a complex case or whenever the case is determined by the court to be a complex case. Existing law imposes a limitation of $10,000 on the total amount of fees collected from all plaintiffs, and the same limitation on the total amount of fees collected from all defendants, intervenors, respondents, and adverse parties appearing in a complex case. This bill would require the payment of a single complex case fee on behalf of all plaintiffs, as specified, and would make other conforming changes. The bill would provide that these changes are declaratory of existing law. (3) Existing law permits a party to move for summary adjudication of one or more causes of action, affirmative defenses, claims for damages, or issues of duty. The bill, until January 1, 2015, would additionally authorize a party to move for summary adjudication of a legal issue or claim for damages, other than punitive damages, that does not completely dispose of a cause of action, an affirmative defense, or an issue of duty, according to specified procedures.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2011
Committee Review
Sep 2011
Senate Passage
Jun 2011
Assembly Passage
Sep 2011
Signed into Law
Oct 2011
Introduced Feb 15, 2011
Signed Oct 2, 2011
Floor votes · Senate Sep 10, 2011 · Assembly Sep 9, 2011
How they voted
35–0
Passed
Total votes 35
Sep 10, 2011
D
Democratic23
100% Yea
R
Republican12
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
37
Key actions
8
Committee
9
Amendments
2
Oct 2, 2011
Signed into law
Approved by the Governor.
legislature
Sep 10, 2011
Senate · Passed
Senate Vote: pass (35-0)
senate
Sep 9, 2011
Assembly · Passed
Assembly Vote: pass (70-0-2)
assembly
Sep 9, 2011
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2463.) Ordered to engrossing and enrolling.
upper
Sep 9, 2011
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 6, 2011
Lower · Passed
From committee: Do pass. (Ayes 9. Noes 0.) (September 6).
lower
Sep 6, 2011
Committee
Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
lower
Jul 6, 2011
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 6).
lower
Jun 14, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 14). Re-referred to Com. on APPR.
lower
Jun 9, 2011
Committee
Referred to Com. on JUD.
lower
May 26, 2011
Upper · Passed
From committee: Do pass. (Ayes 9. Noes 0. Page 1116.) (May 26).
upper
May 9, 2011
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 860.) (May 3).
upper
Apr 7, 2011
Committee
Re-referred to Com. on JUD.
upper
Feb 24, 2011
Committee
Referred to Com. on RLS.
upper
Feb 15, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
NE
Noreen Evans
DDemocratic
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