Bill Text: CA AB1167 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 1167 (Prior Session Legislation)

Introduced

Bill Title: Courts: frivolous actions or proceedings.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-02-01 - Died at Desk. [AB1167 Detail]

Download: California-2015-AB1167-Introduced.html

BILL NUMBER: AB 1167	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gallagher

                        FEBRUARY 27, 2015

   An act to amend Section 128.5 of the Code of Civil Procedure,
relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1167, as introduced, Gallagher. Courts: frivolous actions or
proceedings.
   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 that are frivolous or solely
intended to cause unnecessary delay. Existing law, on and after
January 1, 2018, authorizes a trial court to make that 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 make technical, nonsubstantive change to the
provision described above that is operative until January 1, 2018.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 128.5 of the Code of Civil Procedure, as
amended by Section 1 of Chapter 425 of the Statutes of 2014, is
amended to read:
   128.5.  (a) A trial court may order a party, the party's attorney,
or  both   both,  to pay the reasonable
expenses, including attorney's fees, incurred by another party as a
result of bad-faith actions or tactics that are frivolous or solely
intended to cause unnecessary delay. This section also applies to
judicial arbitration proceedings under Chapter 2.5 (commencing with
Section 1141.10) of Title 3 of Part 3.
   (b) For purposes of this section:
   (1) "Actions or tactics" include, but are not limited to, the
making or opposing of motions or the filing and service of a
complaint, cross-complaint, answer, or other responsive pleading. The
mere filing of a complaint without service thereof on an opposing
party does not constitute "actions or tactics" for purposes of this
section.
   (2) "Frivolous" means totally and completely without merit or for
the sole purpose of harassing an opposing party.
   (c) Expenses pursuant to this section shall not be imposed except
on notice contained in a party's moving or responding papers or, on
the court's own motion, after notice and opportunity to be heard. An
order imposing expenses shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.
   (d) In addition to any award pursuant to this section for conduct
described in subdivision (a), the court may assess punitive damages
against the plaintiff on a determination by the court that the
plaintiff's action was an action maintained by a person convicted of
a felony against the person's victim, or the victim's heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.
   (e) This section  shall   does  not
apply to disclosures and discovery requests, responses, objections,
and motions.
   (f) Any sanctions imposed pursuant to this section shall be
imposed consistently with the standards, conditions, and procedures
set forth in subdivisions (c), (d), and (h) of Section 128.7.
   (g) The liability imposed by this section is in addition to any
other liability imposed by law for acts or omissions within the
purview of this section.
   (h) (1) A party who files a motion pursuant to this section shall,
promptly upon filing, transmit to the California Research Bureau of
the California State Library, by email, a copy of the endorsed, filed
caption page of the motion or opposition, a copy of any related
notice of appeal or petition for a writ, and a conformed copy of any
order issued pursuant to this section, including any order granting
or denying the motion. The party shall also indicate whether a motion
for sanctions was made pursuant to Section 128.7.
   (2) The California Research Bureau shall maintain a public record
of information transmitted pursuant to this section for at least
three years, or until this section is repealed, whichever occurs
first, and may store the information on microfilm or other
appropriate electronic media.
   (i) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.