Courts: frivolous actions or tactics.
Summary
Existing law, until January 1, 2018, authorizes a trial court to order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's 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the bureau to maintain a public record of transmitted information for at least 3 years, or until those provisions are repealed, as specified.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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2017
Committee Review
Jul 2017
Assembly Passage
May 2017
Senate Passage
Jul 2017
Signed into Law
Aug 2017
Introduced Feb 16, 2017
Signed Aug 7, 2017
Floor votes · Senate Jul 20, 2017 · Assembly May 15, 2017
How they voted
33–0
Passed · 2 other
Total votes 35
Jul 20, 2017
D
Democratic25
96% Yea
R
Republican10
90% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
30
Key actions
12
Committee
11
Amendments
4
Aug 7, 2017
Signed into law
Approved by the Governor.
legislature
Jul 20, 2017
Senate · Passed
Senate Vote: pass (33-0-2)
senate
Jul 20, 2017
Lower · Passed
Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 0. Page 2638.).
lower
Jul 20, 2017
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 22 pursuant to Assembly Rule 77.
lower
Jul 17, 2017
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Jul 13, 2017
Committee
Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
upper
Jul 12, 2017
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Jun 28, 2017
Upper · Passed
From committee: Do pass. (Ayes 6. Noes 0.) (June 27).
upper
Jun 19, 2017
Upper · Passed
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
May 24, 2017
Committee
Referred to Com. on JUD.
upper
May 15, 2017
Assembly · Passed
Assembly Vote: pass (67-1-6)
assembly
May 10, 2017
Lower · Passed
From committee: Do pass. (Ayes 16. Noes 0.) (May 10).
lower
Apr 25, 2017
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 25). Re-referred to Com. on APPR.
lower
Apr 24, 2017
Committee
Re-referred to Com. on JUD.
lower
Apr 20, 2017
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 27, 2017
Lower · Passed
In committee: Hearing postponed by committee.
lower
Mar 2, 2017
Committee
Referred to Com. on JUD.
lower
Feb 17, 2017
Lower · Passed
From printer. May be heard in committee March 19.
lower
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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