Civil procedure: arbitration.
Summary
Existing law governs arbitration in civil proceedings. Under existing law, a neutral arbitrator is defined as one who is selected jointly by the parties or by the parties' arbitrators, or is appointed by the court if the parties or their arbitrators cannot jointly select an arbitrator. Existing law requires a person selected to serve as a neutral arbitrator to disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt as to the proposed neutral arbitrator's impartiality. Existing law requires the disclosure to include, among other things, whether or not the proposed neutral arbitrator has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral with a party to the proceeding, or is participating in, or has participated within the last 2 years in, discussions regarding such prospective employment or service. This bill, in a consumer arbitration case, would also require the disclosure of any solicitation made within the last 2 years by, or at the direction of, a private arbitration company to a party or lawyer for a party. The bill would only require disclosure of solicitations made after January 1, 2017. The bill would specify what is, and what is not, a solicitation for purposes of this disclosure. The bill would prohibit the solicitation of a party or lawyer for a party during the pendency of the arbitration. The bill would also prohibit an arbitrator, from the time of appointment until the conclusion of the arbitration, from entertaining or accepting any offers of employment or offers of new professional relationships, and, in a consumer arbitration case, would prohibit the arbitrator from entertaining or accepting any offers of employment as a dispute resolution neutral in another case from a party or lawyer for a party in the pending arbitration, except as provided. This bill would exempt specified self-regulatory organizations from the application of the bill. The bill would provide that its provisions are severable.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2016
Committee Review
Aug 2016
Senate Passage
May 2016
Assembly Passage
Aug 2016
Vetoed
Sep 2016
Introduced Feb 17, 2016
Vetoed Sep 25, 2016
Floor votes · Senate May 12, 2016 · Assembly Aug 29, 2016
How they voted
21–9
Passed · 3 other
Total votes 33
May 12, 2016
D
Democratic23
86% Yea
R
Republican10
90% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
5
Committee
9
Amendments
1
Sep 25, 2016
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Sep 25, 2016
Vetoed
Vetoed by the Governor.
upper
Aug 30, 2016
Upper · Passed
Assembly amendments concurred in. (Ayes 24. Noes 13. Page 5533.) Ordered to engrossing and enrolling.
upper
Aug 30, 2016
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 29, 2016
Assembly · Passed
Assembly Vote: pass (42-23-6)
assembly
Jun 21, 2016
Lower · Passed
From committee: Do pass. (Ayes 8. Noes 2.) (June 21).
lower
Jun 14, 2016
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
May 19, 2016
Committee
Referred to Com. on JUD.
lower
May 12, 2016
Senate · Passed
Senate Vote: pass (21-9-3)
senate
Apr 27, 2016
Upper · Passed
From committee: Do pass. (Ayes 6. Noes 1. Page 3700.) (April 26).
upper
Apr 14, 2016
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Apr 7, 2016
Committee
Re-referred to Com. on JUD.
upper
Apr 4, 2016
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 25, 2016
Committee
Referred to Com. on RLS.
upper
Feb 17, 2016
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
Hannah-Beth Jackson
DDemocratic
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