Committee on Judiciary: judiciary omnibus.

(1) Existing law requires the Attorney General to maintain the Registry of Charitable Trusts, a register of charitable corporations, unincorporated associations, and trustees holding property for charitable purposes and fundraisers. Existing law also establishes the Registry of Charitable Trusts Fund in the State Treasury, and directs all registration fees, registration renewal fees, and late fees or other fees paid to the Department of Justice in relation to the Registry of Charitable Trusts be deposited into the fund. This bill would change the name of the Registry of Charitable Trusts to the Registry of Charities and Fundraisers. The bill would also change the name of the Registry of Charitable Trusts Fund to the Registry of Charities and Fundraisers Fund. The bill would also make conforming changes. (2) Existing law governs motor vehicle conditional sale contracts, as defined, and requires sellers of motor vehicles to make certain disclosures to buyers. Existing law authorizes a buyer to pay the entire indebtedness under the contract at any time before maturity without penalty, regardless of any contrary contract provision, as provided. Existing law provides for the determination of the outstanding obligation of the buyer if the indebtedness is satisfied before its maturity through surrender of the motor vehicle, repossession of the motor vehicle, redemption of the motor vehicle after repossession, or any judgment, and requires that the buyer's outstanding obligation be computed as of the date the holder recovers the value of the motor vehicle through disposition thereof or judgment is entered or as of the date the holder takes possession of the motor vehicle, as applicable. This bill would make a technical change to these provisions relating to the determination of a buyer's outstanding obligation if the indebtedness is satisfied by surrender of the motor vehicle, repossession of the motor vehicle, redemption of the motor vehicle after repossession, or any judgment. (3) Existing law governs the offer, sale, provision, or administration, in connection with a motor vehicle conditional sale contract, of a guaranteed asset protection waiver (GAP waiver) , defined to mean an optional contractual obligation under which a seller agrees, for additional consideration, to cancel or waive all or part of amounts due on the buyer's conditional sale contract subject to existing law in the event of a total loss or unrecovered theft of the motor vehicle specified in the conditional sale contract. Existing law also governs the termination of a GAP waiver, including the refund of GAP waiver costs on a termination, to be calculated as prescribed. Under existing law, if the termination occurs later than 30 days after the date the buyer purchased the GAP waiver, the buyer is entitled to a refund of the unearned GAP waiver charges, calculated on a pro rata basis according to a prescribed formula that uses figures relating to the period from the GAP waiver termination date to the original full term date of the conditional sale contract and to the original term of the conditional sale contract. A willful violation of these provisions is a crime. This bill, if the original full term of the conditional sale contract exceeded the original full term of the GAP waiver as of the date the buyer purchased the GAP waiver, would require in that case a formula that uses figures relating to the period from the GAP waiver termination date to the original full term date of the GAP waiver and to the original term of the GAP waiver. Because a willful violation of this provision would be a crime, this bill would impose a state-mandated local program. (4) Existing law provides that, in a civil action, before filing a demurrer, motion to strike, or motion for judgment on the pleadings, a party is required to meet and confer, in person or by telephone, with the opposing party to try to resolve the objections or claims that would be raised in the filing. This bill would permit a party who is required to meet and confer under these provisions to do so by video conference in addition to in person or by telephone. (5) Existing law authorizes a court, upon a motion, to enter a judgment in pending litigation pursuant to the terms of a settlement if the parties to the litigation stipulate to settle the litigation orally before the court or outside of the presence of the court in a writing that is signed by the parties. Existing law considers a stipulation to settle litigation to be signed by a party if it is signed by that party, an attorney who represents a party, or, if a party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf, except as specified. This bill would clarify that an insurer may only sign a stipulated agreement under this provision if the insurer is defending and indemnifying a party to the action and the person signing has been authorized, in writing, to do so by the party. Commencing January 1, 2025, the bill would permit a court to enter judgment pursuant to the terms of a settlement as specified. The bill would permit a court, where it has received notice of a conditional settlement from the party seeking affirmative relief, to set an order to show cause as to why the action should not be dismissed. The bill would also authorize the court to retain jurisdiction over the matter after entering judgment based on the settlement under specified circumstances and requires the Judicial Council to make corresponding changes to its forms. (6) Existing law provides that a specified portion of equity in a homestead, as defined, is exempt from execution to satisfy a debt. Existing law provides that the exemption is the greater of $300,000 or the countywide median sale price of a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed $600,000. These amounts adjust annually for inflation, as specified. This bill would delete obsolete provisions which required the Judicial Council to submit to the Legislature, and the Legislature to approve, calculated increases to the homestead exemption every 3 years. The bill would make conforming changes. (7) Existing law prohibits a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenant's immediate family member, as defined, or a tenant's household member, as specified. Existing law makes a landlord's violation of those provisions an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenant's immediate family member, or a tenant's household member, as specified. This bill would clarify that provision by providing that a defendant in an unlawful detainer action arising from a landlord's termination of a tenancy or failure to renew a tenancy based on an act of abuse or violence against a tenant, a tenant's immediate family member, or a tenant's household member may raise an affirmative defense, as specified. (8) Existing law requires the Judicial Council to review its forms that may be used by a party to assert in the responsive pleading, the grounds set forth in the above described provision, as an affirmative defense to an unlawful detainer action and, by January 1, 2024, make any changes to those forms that the council deems necessary to conform them to that provision. This bill would extend the deadline for making the changes to those forms to January 1, 2025. (9) Existing law requires the drafting party in an employment or consumer arbitration to pay certain fees and costs during the pendency of an arbitration proceeding, as specified. The arbitration provider is required to provide an invoice for any fees and costs required for the arbitration proceeding to continue to all of the parties of the arbitration. This bill would require the arbitration provider, once the invoice has been paid, to provide all parties a document that reflects the date on which the invoice was paid. (10) Existing law authorizes an adult to adopt another adult and a married minor. Existing law prohibits a person from adopting more than one unrelated adult within one year of the person's adoption of an unrelated adult, except as specified. This bill would permit a person to adopt more than one unrelated adult within one year of the person's adoption of an unrelated adult if the court, upon a finding of good cause, permits the adoption. The bill would require an order finding good cause to be in writing or stated on the record. (11) Existing law requires that the Judicial Council provide representation or defense of specified individuals and the court through county counsel, the Attorney General, or other counsel in certain proceedings. Existing law authorizes, but does not require, the county counsel and the Attorney General to provide representation or defense for the Judicial Council. Existing law also authorizes county counsel and the district attorney to represent judges, as specified. This bill would specify that the representation or defense provided by the county counsel and the Attorney General would apply to a trial court, judge, subordinate judicial officer, court executive officer, or trial court employee if the Judicial Council requests that assistance. This bill would also clarify the circumstances in which county counsel may represent a superior court or judge thereof if requested by the Judicial Counsel. (12) Existing law, the Government Claims Act, sets forth the general procedure for claims and actions against public entities and public employees. Existing law requires the payment of a $25 filing fee for filing a claim against the state with the Department of General Services, unless the claimant, among other things, has a monthly income of 125% or less of the current monthly poverty line established by the Secretary of California Health and Human Services, as specified, or is an inmate or resident, as provided, with a balance of $100 or less credited to their trust account within 90 days prior to the date the claim is filed. This bill would authorize a person whose monthly income is less than $100 above the income of a person whose monthly income is 125% of the current monthly poverty line, as specified, to pay 25% of the difference between their income and 125% of the current monthly poverty line, or an inmate or resident, as provided, with a balance between $100 to $200 credited to their trust account within 90 days prior to the date the claim is filed to pay 25% of the difference between the inmate's or resident's balance and $100, instead of the $25 filing fee.The bill would require the poverty line for these purposes to be based on poverty guidelines established by the United States Department of Health and Human Services. (13) Existing law provides that employees of the superior court in each county having a population of over 2,000,000 shall be entitled to step advancement, vacation, sick leave, holiday benefits and other leaves of absence and other benefits as may directed by rules of the court. This bill would establish that the benefits, as specified, apply to counties of the first class that contain a population of 4,000,000 and over. (14) Existing law authorizes expense allowances for actual traveling and necessary expenses incurred by employees and judges, as specified. Existing law authorizes the board of supervisors to assign an automobile in lieu of allowing travel expenses. This bill would repeal that section and instead only authorize the court to assign an automobile, as specified. (15) Existing law authorizes the Attorney General or district attorney to file a petition of forfeiture, as specified. Existing law provides that any person claiming an interest in property seized, as specified, may file a claim, as specified. This bill would specify that these petitions and claims are unlimited civil cases. (16) Existing law prescribes the salaries and compensation for judges and establishes the Trial Court Employment Protection and Governance Act, which, among other things, governs the authority to regulate court employee classification and compensation, labor relations, employment protection, and retirement. Existing law provides county-specific requirements with respect to the benefits and compensation of municipal court judges and organization of certain municipal courts, and requires parity of benefits between municipal court judges and superior court judges. Proposition 220, approved by voters at the June 2, 1998, statewide primary election, consolidated the superior and municipal courts, as specified. This bill would, effective January 1, 2074, repeal those provisions relating to judicial compensation and benefits for specified municipal courts. (17) Existing law requires the Judicial Council to report to the Legislature the findings of a study measuring court effectiveness in conservatorship cases, as specified, on or before January 1, 2024. Existing law repeals that provision on January 1, 2026. This bill would instead require the Judicial Council to make that report to the Legislature on or before January 1, 2027, and it would repeal that provision on January 1, 2028. (18) Existing law establishes procedures for the creation, modification, and termination of a trust, and regulates the administration of trusts by trustees on behalf of beneficiaries. Existing law requires a trustee holding assets subject to a charitable trust to give written notice to the Attorney General at least 20 days before the trustee sells, leases, conveys, exchanges, transfers, or otherwise disposes of all or substantially all of the charitable assets. This bill would make technical, nonsubstantive changes by renumbering that provision and placing it in a new article. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would incorporate additional changes to Section 2924m of the Civil Code proposed by AB 1043 to be operative only if this bill and AB 1043 are enacted and this bill is enacted last.