AB 644 California Assembly · 2017-2018 Regular Session

Civil procedure: pleadings.

Summary
Existing law, until January 1, 2021, authorizes a party to amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before it is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. Existing law authorizes a party to amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. This bill, until January 1, 2021, would additionally authorize a party to amend its pleading without leave of the court any time before a motion to strike is filed, or after a motion to strike is heard, as specified. The bill would authorize a party to amend a pleading after the date for filing an opposition to the motion to strike, upon stipulation of the parties. The bill would make conforming changes. Existing law authorizes any party to serve and file a motion to strike a pleading within the time allowed to respond to that pleading. Existing law authorizes any party to move for judgment on the pleadings after the time to demur to a pleading has expired, and requires the grounds for the motion to appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. This bill, until January 1, 2021, would require a party, before filing a motion to strike or a motion for judgment on the pleadings, to meet and confer with the party who filed the pleading so that the parties can try to reach an agreement that resolves the objections or claims that would be raised in the motion to strike or motion for judgment on the pleadings. The bill would establish certain requirements, exceptions, and limits on the meet and confer process.
Bill status signed all 5 stages cleared
Introduction
Feb 2017
Committee Review
Aug 2017
Assembly Passage
May 2017
Senate Passage
Aug 2017
Signed into Law
Sep 2017
Introduced Feb 14, 2017 Signed Sep 25, 2017
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
20
Key actions
6
Committee
7
Amendments
2
Sep 25, 2017
Signed into law
Approved by the Governor.
legislature
Aug 31, 2017
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Jul 12, 2017
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (July 11).
upper
May 31, 2017
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
May 10, 2017
Committee
Referred to Com. on JUD.
upper
Apr 20, 2017
Lower · Passed
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (April 18).
lower
Apr 17, 2017
Committee
Re-referred to Com. on JUD.
lower
Apr 6, 2017
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 2, 2017
Committee
Referred to Com. on JUD.
lower
Feb 15, 2017
Lower · Passed
From printer. May be heard in committee March 17.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Marc Berman
Marc Berman
DDemocratic
CA
23