AB 1141 California Assembly · 2015-2016 Regular Session

Civil actions.

Summary
(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.
Bill status signed all 5 stages cleared
Introduction
Feb 2015
Committee Review
Aug 2015
Assembly Passage
Apr 2015
Senate Passage
Aug 2015
Signed into Law
Sep 2015
Introduced Feb 27, 2015 Signed Sep 28, 2015
Floor votes · Senate Aug 24, 2015 · Assembly Apr 23, 2015

How they voted

330
Passed
Total votes 33
Aug 24, 2015
D Democratic23
23 Yea
100% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
25
Key actions
8
Committee
9
Amendments
1
Sep 28, 2015
Signed into law
Approved by the Governor.
legislature
Aug 27, 2015
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2615.).
lower
Aug 25, 2015
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.
lower
Aug 24, 2015
Senate · Passed
Senate Vote: pass (33-0)
senate
Jun 18, 2015
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (June 16).
upper
Jun 3, 2015
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jun 1, 2015
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
May 7, 2015
Committee
Referred to Com. on JUD.
upper
Apr 23, 2015
Assembly · Passed
Assembly Vote: pass (43-27-2)
assembly
Apr 21, 2015
Lower · Passed
From committee: Do pass. (Ayes 8. Noes 1.) (April 21).
lower
Apr 7, 2015
Committee
Re-referred to Com. on JUD.
lower
Mar 19, 2015
Committee
Referred to Com. on JUD.
lower
Mar 1, 2015
Lower · Passed
From printer. May be heard in committee March 31.
lower
Feb 27, 2015
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Ed Chau
Ed Chau
DDemocratic
CA
49