Bill Text: CA AB1813 | 2017-2018 | Regular Session | Amended

California Assembly Bill 1813 (Prior Session Legislation)

Bill Title: Courts: omnibus.

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2018-07-05 - Ordered to inactive file at the request of Senator Mitchell. [AB1813 Detail]

Download: California-2017-AB1813-Amended.html

Amended IN Senate June 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1813

Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, ~~Cristina Garcia,~~ Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, O’Donnell, Rubio, Mark Stone, Weber, and Wood)

January 10, 2018

An act ~~relating to the Budget Act of 2018.~~ to amend Section 384 of, to add Sections 382.4 and 384.5 to, the Code of Civil Procedure, to amend Sections 69104, 69592, 70371.7, 70602.6, 70616, 70617, 70657, 70662, and 70677 of, and to add Sections 68520 and 70371.9 to, the Government Code, and to add and repeal Chapter 1.5 (commencing with Section 40280) of Division 17 of the Vehicle Code, relating to courts, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL'S DIGEST

AB 1813, as amended, Committee on Budget. ~~Budget Act of 2018.~~ Courts: omnibus.

(1) Whenever a judgment in class action litigation provides for the payment of money to members of the class, existing law requires any unpaid cash residue or unclaimed or abandoned class member funds generally attributable to California residents to be distributed by transmitting 25% of those funds to the State Treasury for deposit in the Trial Court Improvement and Modernization fund, at least 25% to the State Treasury for deposit in the Equal Access Fund of the Judicial Branch, and up to 50% to the nonprofit organizations or foundations, child advocacy programs, or nonprofit organizations providing civil legal services to the indigent, to be used for specified purposes. Existing law requires this distribution unless for good cause shown the court makes a specific finding that an alternative distribution would better serve the public interest or the interest of the class.
This bill would instead require the court, before the entry of a judgment in a class action, to determine the total amount that will be payable to all class members, and to set a date when the parties are to report to the court the total amount that was actually paid to the class members. After the report is received, the bill would require the court to amend the judgment to direct the defendant to pay the sum of the unpaid residue, plus interest, to nonprofit organizations or foundations to support projects that will benefit the class or similarly situated persons, or that promote the law consistent with the underlying cause of action, or to child advocacy programs, or to nonprofit organizations providing civil legal services to the indigent. The bill would require an attorney for a party to a class action to notify the court if he or she has a connection to a proposed nonparty recipient of class action settlement funds that could reasonably create the appearance of impropriety, as specified. The bill would require the court to transmit a copy of the judgment to the Judicial Council, and would require the judgment to contain information identifying nonparty recipients of class action settlement funds and other specified information. Commencing January 1, 2024, and on January 1 of every 5th year thereafter, the bill would require the California Research Bureau to prepare and publish on its Internet Web site a 5-year aggregate report of that information.
(2) Existing law sets forth the number of judges for each division of each district of the court of appeal. Existing law provides that there are 7 judges in the division of the Court of Appeal for the 4th Appellate District that holds its regular sessions in the San Bernardino/Riverside area.
This bill would increase the number of judges in that division to 8 judges.
(3) Existing law specifies the number of judges for the superior court of each county, including 51 superior court judges in the County of Riverside.
This bill would increase the number of judges for the superior court in the County of Riverside to 53.
(4) Existing law establishes the State Court Facilities Construction Fund, which is financed by the imposition of various state court construction penalty assessments, parking surcharges, and filing fee surcharges related to specified civil actions. Existing law establishes the Immediate and Critical Needs Account within the fund, the proceeds of which may be used for the planning, design, construction, rehabilitation, renovation, replacement, or acquisition of court facilities, for the repayment of moneys appropriated for lease of court facilities pursuant to the issuance of lease-revenue bonds, for the payment for lease or rental of court facilities, and for trial court operations, as specified. Existing law requires the Judicial Council to report to the Joint Legislative Budget Committee and chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget by March 1 of each year on the status of each project established by the State Public Works Board. Existing law requires the Judicial Council to submit a report to the Joint Legislative Budget Committee, including specified project information before seeking the State Public Works Board establishment of the scope and cost.
This bill would require the Judicial Council to submit to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget a long-term fund condition statement for the State Court Facilities Construction Fund and the Immediate and Critical Needs Account in conjunction with any future funding request for capital outlay to demonstrate that there is sufficient revenue to support existing debt or capital outlay obligations as well as the full project cost for the proposed project, with specified exceptions. The bill would also require the Judicial Council to conduct, or contract with an independent contractor to conduct, a reassessment of projects identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology, with specified exceptions. The bill would require a project to be reassessed and ranked according to criteria including the level of seismic risk, health and safety hazards, among other things.
(5) Existing law, until July 1, 2018, imposes a supplemental fee of $40 for filing any first paper subject to the uniform fee in certain civil proceedings, subject to reduction if the amount of the General Fund appropriation to the Trial Court Trust Fund is decreased from the amount appropriated in the 2013–14 fiscal year.
This bill would extend the operation of the supplemental fee until July 1, 2023.
(6) Existing law, until July 1, 2018, requires a $1,000 fee to be paid on behalf of all plaintiffs, and by each defendant, intervenor, respondent, or adverse party to a civil action that is designated or determined to be a complex case. On and after July 1, 2018, existing law requires a fee of $550 to be paid under those circumstances. Existing law, until July 1, 2018, imposes a limitation of $18,000 on the total amount of complex fees collected from all defendants, intervenors, respondents, or other adverse parties appearing in a complex case. On and after July 1, 2018, existing law imposes a limitation of $10,000 on the amount of the fee required to be paid in those circumstances.
This bill would extend the operation of the $1,000 complex case fee and the $18,000 total fee limitation to July 1, 2023, thereby extending that higher fee rate and limitation until that date.
(7) Under existing law, the uniform fee for filing any specified motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is $60 until July 1, 2018, at which time that fee is reduced to $40.
This bill would extend the operation of the $60 filing fee to July 1, 2023, thereby extending that higher fee until that date.
(8) Under existing law, until January 1, 2018, the filing fee for a request for special notice is $40.
This bill would extend the operation of that filing fee to January 1, 2024.
(9) Existing law establishes procedures for adjudicating traffic violations. Under existing law, the court may provide for the trial of any alleged infraction involving a violation of the Vehicle Code, or any local ordinance adopted pursuant to that code, and the court is required to provide that the defendant may elect to have a trial by written declaration upon any of these alleged infractions.
This bill would, until June 30, 2022, require the Judicial Council to sponsor a pilot program to facilitate online adjudication of infraction violations of the Vehicle Code for which a personal appearance is not required. The bill would require the council to seek to select at least 8 courts that are willing to participate in the program. The bill would require the program to offer online adjudication of traffic infractions, including, among other things, an ability-to-pay determination. The bill would authorize the pilot court, among other dispositions, to waive, reduce, or suspend the amount due, in whole or in part, extend the time for payment or establish an installment plan, or allow community service in lieu of the amount due, as specified. The bill would establish procedures for determining a defendant’s ability to pay. The bill would require the Judicial Council to submit a report on the implementation of the pilot program to the Legislature on January 1, 2020, and January 1, 2021, and to submit an evaluation of the program to the Legislature no later than June 30, 2022.
(10) This bill would appropriate $4,000,000 from the General Fund to the Judicial Council, for transfer by the Controller to the Trial Court Trust Fund, to further the effort to expand interpreter services into all civil proceedings, as specified.
(11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
~~This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.~~

Vote: MAJORITY Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 382.4 is added to the Code of Civil Procedure, to read:

382.4.
If a proposed settlement in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement, provides for the distribution of money or any other thing of value to a person or entity that is not a party to the action, an attorney for a party to the action shall, in connection with the hearing for preliminary approval pursuant to subdivision (c) of Rule 3.769 of the California Rules of Court, notify the court if the attorney has a connection to or a relationship with a nonparty recipient of the distribution that could reasonably create the appearance of impropriety as between the selection of the recipient of the money or thing of value and the interests of the class.

SEC. 2.

Section 384 of the Code of Civil Procedure is amended to read:

384.

(a) It is the policy of the State of California to ensure that the unpaid cash residue and unclaimed or abandoned funds in class action litigation are distributed, to the fullest extent possible, in a manner designed either to further the purposes of the underlying class action or causes of action, or to promote justice for all Californians. The Legislature finds that the use of funds for these purposes is in the public interest, is a proper use of the funds, and is consistent with essential public and governmental purposes.

(b)(1)Except as provided in subdivision (c), whenever a judgment, including any consent judgment, decree, or settlement agreement that has been approved by the court, in a class action established pursuant to Section 382, provides for the payment of money to members of the class, any unpaid cash residue or unclaimed or abandoned class member funds shall be distributed in accordance with this section unless for good cause shown the court makes a specific finding that an alternative distribution would better serve the public interest or the interest of the class. If not specified in the judgment, the court shall set a date when the parties shall submit a report to the court regarding a plan for the distribution of any moneys pursuant to this section.
~~(2)The court shall make any orders necessary and appropriate for the payment, administration, supervision, and accounting of any unpaid cash residue or unclaimed or abandoned class member funds.~~
(3)Any unpaid cash residue or unclaimed or abandoned class member funds generally attributable to California residents, plus any accrued interest that has not otherwise been distributed pursuant to order of the court, shall be transmitted as follows:
(A)Twenty-five percent to the State Treasury for deposit in the Trial Court Improvement and Modernization Fund, established in Section 77209 of the Government Code, and subject to appropriation in the annual Budget Act for the Judicial Council to provide grants to trial courts for new or expanded collaborative courts or grants for Sargent Shriver Civil Counsel.
(B)Twenty-five percent to the State Treasury for deposit into the Equal Access Fund of the Judicial Branch, to be distributed in accordance with Sections 6216 to 6223, inclusive, of the Business and Professions Code, except that administrative costs shall not be paid to the State Bar or the Judicial Council from this sum.
(C)Fifty percent to one or more of the following: nonprofit organizations or foundations, to support projects that will benefit the class or similarly situated persons, further the objectives and purposes of the underlying class action or cause of action, or promote the law consistent with the objectives and purposes of the underlying class action or cause of action; child advocacy programs; or nonprofit organizations providing civil legal services to the indigent. Notwithstanding subparagraph (B), additional funds may be allocated by the court to the Equal Access Fund of the Judicial Branch, to be distributed in accordance with Sections 6216 to 6223, inclusive, of the Business and Professions Code.
(4)The court shall ensure that the distribution of the balance of any unpaid cash residue or unclaimed or abandoned class member funds derived from multistate or national cases shall provide substantial or commensurate benefit to California consumers that is roughly proportional to the number of California class members or amounts available from the judgment to California class members in the multistate or national class.
(b) Except as provided in subdivision (c), before the entry of a judgment in a class action established pursuant to Section 382 that provides for the payment of money to members of the class, the court shall determine the total amount that will be payable to all class members if all class members are paid the amount to which they are entitled pursuant to the judgment. The court shall also set a date when the parties shall report to the court the total amount that was actually paid to the class members. After the report is received, the court shall amend the judgment to direct the defendant to pay the sum of the unpaid residue or unclaimed or abandoned class member funds, plus interest on that sum at the legal rate of interest from the date of entry of the initial judgment, to nonprofit organizations or foundations to support projects that will benefit the class or similarly situated persons, or that promote the law consistent with the objectives and purposes of the underlying cause of action, to child advocacy programs, or to nonprofit organizations providing civil legal services to the indigent. The court shall ensure that the distribution of any unpaid residue or unclaimed or abandoned class member funds derived from multistate or national cases brought under California law shall provide substantial or commensurate benefit to California consumers. For purposes of this subdivision, “judgment” includes a consent judgment, decree, or settlement agreement that has been approved by the court.

(c) This section shall not apply to any class action ~~or cause of action~~ brought against any public entity, as defined in Section 811.2 of the Government Code, or against any public employee, as defined in Section 811.4 of the Government Code. However, this section shall not be construed to abrogate any equitable cy pres remedy that may be available in any class action with regard to all or part of the cash residue or unclaimed or abandoned class member funds.

SEC. 3.

Section 384.5 is added to the Code of Civil Procedure, to read:

384.5.
If a judgment in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement that has been approved by a court, provides for a distribution of money or any other thing of value to a person or entity that is not a party to the action, the court shall transmit a copy of the order, judgment, or decree to the Judicial Council. The order, judgment, or decree shall contain, at a minimum, the information necessary for the California Research Bureau to complete the report required by Section 68520 of the Government Code.

SEC. 4.

Section 68520 is added to the Government Code, to read:

68520.
(a) On January 1, 2024, and on January 1 of every fifth year thereafter, the California Research Bureau shall prepare and publish on its Internet Web site a report containing information regarding the distribution of money or any other thing of value pursuant to a judgment in a class action established pursuant to Section 382 of the Code of Civil Procedure, if the judgment provides for a distribution to a person or entity that is not a party to the class action. The report shall cover judgments entered in class actions during the five-year period before the date of the filing of the report and shall contain, at a minimum, the following information:
(1) The name of the case.
(2) The cause of action resolved by the judgment, with a summary of the underlying allegations or supporting factual findings.
(3) The name of, and the amount distributed to, each non-party person or entity.
(4) The name of the judge ordering the distribution.
(5) The purpose of the distribution to the non-party person or entity and how the non-party person or entity plans to expend the funds or proceeds received, if known.
(b) At the request of the California Research Bureau, the Judicial Council shall provide to the bureau copies of orders, judgments, and decrees that are necessary for the bureau to complete the report.

SEC. 5.

Section 69104 of the Government Code is amended to read:

69104.

The Court of Appeal for the Fourth Appellate District consists of three divisions. One division shall hold its regular sessions at San Diego and shall have 10 judges. One division shall hold its regular sessions in the San Bernardino/Riverside area and shall have ~~seven~~ eight judges. One division shall hold its regular sessions in Orange County and shall have eight judges.

SEC. 6.

Section 69592 of the Government Code is amended to read:

69592.

In the County of Riverside there are 51 53 judges of the superior court.

SEC. 7.

Section 70371.7 of the Government Code is amended to read:

70371.7.

(a) Prior to seeking the State Public Works Board establishment of the scope and cost, the Judicial Council shall submit a report to the Joint Legislative Budget Committee describing the scope, budget, schedule, number of courtrooms, number of secure holding cells, and square footage of administrative support space to be constructed or renovated. If the Joint Legislative Budget Committee fails to take any action with respect to each report within 30 days after submittal, this inaction shall be deemed to be approval for the purposes of this section, and the Judicial Council is authorized to proceed to acquire real property and complete preliminary plans.

(b) (1) Upon certification of the availability of funds within the Immediate and Critical Needs Account, and the establishment of the project scope and cost by the State Public Works Board, notwithstanding any other provision of law, the Judicial Council is authorized to acquire real property and to complete preliminary plans for the superior court capital outlay projects adopted by the Judicial Council on October 24, 2008, identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology, or most recent version thereof.

(2) It is the intent of the Legislature that funding for working drawings and construction be appropriated in the next annual Budget Act following approval by the State Public Works Board of preliminary plans completed pursuant to paragraph (1).

(3) The scope and cost of the projects, including augmentations, authorized by this section shall be subject to approval and administrative oversight by the State Public Works Board pursuant to Section 13332.11 or 13332.19. For purposes of this section, the availability of an augmentation for each individual project shall be calculated based on the total capital outlay cost as established by the board.

(c) (1) The Judicial Council shall submit to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget a long-term fund condition statement for the State Court Facilities Construction Fund and the Immediate and Critical Needs Account in conjunction with any future funding request for capital outlay to demonstrate that there is sufficient revenue to fully support all existing debt or capital outlay obligations as well as the full project cost for the proposed project for which the Judicial Council requests funding.
(2) This subdivision shall not apply to a capital outlay request pertaining to the construction of the new court facility projects approved in the Budget Act of 2018.

SEC. 8.

Section 70371.9 is added to the Government Code, to read:

70371.9.
(a) (1) The Judicial Council shall conduct, or contract with an independent contractor to conduct, a reassessment of those projects identified in its Update to Trial Court Capital-Outlay Plan and Prioritization Methodology adopted on October 24, 2008, or the most recent version of that update, if any. Other projects may be included for reassessment at the discretion of Judicial Council. The reassessment shall be submitted to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget by December 31, 2019.
(2) The Judicial Council may exclude from the reassessment those projects that were canceled prior to June 30, 2018, and those that were approved in the Budget Act of 2018.
(b) A project subject to this section shall be reassessed and ranked, at minimum, on each of the following:
(1) The criteria identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology adopted on October 24, 2008, or the most recent version of that update, if any.
(2) The level of seismic risk, environmental hazards, and other health and safety hazards.
(3) The impact on court users, including, but not limited to, the level of public access to court services, such as accessibility to the courthouse.
(4) The cost avoidance or savings that would be achieved due to the project through operational or organizational efficiencies created for the court or the state.
(5) Ways to minimize increased ongoing costs, including, but not limited to, trial court security and operating and maintenance costs.
(6) A comparison of the cost to repair or renovate the existing facility versus the cost of replacement.
(7) The projected cost of each proposed project, per court user.
(8) The total costs spent on the project as of the date of the assessment.

SEC. 9.

Section 70602.6 of the Government Code is amended to read:

70602.6.

(a) Notwithstanding any other law, a supplemental fee of forty dollars ($40) shall be collected for filing any first paper subject to the uniform fee that is set at three hundred fifty-five dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652, 70653, 70655, 70658, and 70670. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Sections 68085.3 and 68086.1, as applicable.

(b) The fee imposed under this section is in addition to any other fees authorized by law, including, but not limited to, the fees authorized in Section 70602.5.

(c) After the 2013–14 fiscal year, if the amount of the General Fund transfer to the Trial Court Trust Fund is decreased more than 10 percent from the amount appropriated in the 2013–14 fiscal year and is not offset by another source of revenue other than court fees so as to result in a net reduction in funding greater than 10 percent, then the amount of the supplemental fees provided in subdivision (a) shall be decreased proportionally. The Judicial Council shall adopt and publish a schedule setting the fees resulting from the decrease.

(d) This section shall become inoperative on July 1, ~~2018,~~ 2023, and, as of January 1, ~~2019,~~ 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, ~~2019,~~ 2024, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 10.

Section 70616 of the Government Code, as amended by Section 6 of Chapter 26 of the Statutes of 2015, is amended to read:

70616.

(a) In addition to the first paper filing fee required by Section 70611 or 70613, a single complex case fee shall be paid to the clerk on behalf of all plaintiffs, whether filing separately or jointly, either at the time of the filing of the first paper if the case is designated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order.

(b) In addition to the first appearance fee required under Section 70612 or 70614, a complex case fee shall be paid on behalf of each defendant, intervenor, respondent, or adverse party, whether filing separately or jointly, either at the time that party files its first paper in a case if the case is designated or counterdesignated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order. This additional complex fee shall be charged to each defendant, intervenor, respondent, or adverse party appearing in the case, but the total complex fees collected from all the defendants, intervenors, respondents, or other adverse parties appearing in a complex case shall not exceed eighteen thousand dollars ($18,000).

(c) In each case in which the court determines that a case that has been designated or counterdesignated as complex is not a complex case, the court shall order reimbursement to the parties of the amount of any complex case fees that the parties have previously paid pursuant to subdivision (a) or (b).

(d) In each case determined to be complex in which the total fees actually collected exceed, or if collected would exceed, the limit in subdivision (b), the court shall make ~~any~~ an order ~~as is~~ necessary to ensure that the total complex fees paid by the defendants, intervenors, respondents, or other adverse parties appearing in the case do not exceed the limit and that the complex fees paid by those parties are apportioned fairly among those parties.

(e) The complex case fee established by this section shall be one thousand dollars ($1,000), unless the fee is reduced pursuant to this section. The fee shall be transmitted to the Trial Court Trust Fund as provided in Section 68085.1.

(f) The fees provided by this section are in addition to the filing fee authorized by Section 70611, 70612, 70613, or 70614.

(g) Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties.

(h) The amendments made to this section during the 2011–12 Regular Session of the Legislature do not constitute a change in, but are declaratory of, existing law.

(i) This section shall become inoperative on July 1, ~~2018,~~ 2023, and, as of January 1, ~~2019,~~ 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, ~~2019,~~ 2024, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 11.

Section 70616 of the Government Code, as amended by Section 7 of Chapter 26 of the Statutes of 2015, is amended to read:

70616.

(e) The complex case fee established by this section shall be five hundred fifty dollars ($550), unless the fee is reduced pursuant to this section. The fee shall be transmitted to the Trial Court Trust Fund as provided in Section 68085.1.

(f) The fees provided by this section are in addition to the filing fee authorized by Section 70611, 70612, 70613, or 70614.

(g) Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties.

(h) The amendments made to the predecessor to this section during the 2011–12 Regular Session of the Legislature do not constitute a change in, but are declaratory of, existing law.

(i) This section shall become operative on July 1, ~~2018.~~ 2023.

SEC. 12.

Section 70617 of the Government Code, as amended by Section 8 of Chapter 26 of the Statutes of 2015, is amended to read:

70617.

(a) Except as provided in subdivisions (d) and (e), the uniform fee for filing a motion, application, or any other paper requiring a hearing subsequent to the first paper, is sixty dollars ($60). Papers for which this fee shall be charged include the following:

(1) A motion listed in paragraphs (1) to (12), inclusive, of subdivision (a) of Section 1005 of the Code of Civil Procedure.

(2) A motion or application to continue a trial date.

(3) An application for examination of a third person controlling defendant’s property under Section 491.110 or 491.150 of the Code of Civil Procedure.

(4) Discovery motions under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.

(5) A motion for a new trial of any civil action or special proceeding.

(6) An application for an order for a judgment debtor examination under Section 708.110 or 708.160 of the Code of Civil Procedure.

(7) An application for an order of sale of a dwelling under Section 704.750 of the Code of Civil Procedure.

(8) An ex parte application that requires a party to give notice of the ex parte appearance to other parties.

(b) There shall be no fee under subdivision (a) or (c) for filing any of the following:

(1) A motion, application, demurrer, request, notice, or stipulation and order that is the first paper filed in an action and on which a first paper filing fee is paid.

(2) An amended notice of motion.

(3) A civil case management statement.

(4) A request for trial de novo after judicial arbitration.

(5) A stipulation that does not require an order.

(6) A request for an order to prevent civil harassment.

(7) A request for an order to prevent domestic violence.

(8) A request for entry of default or default judgment.

(9) A paper requiring a hearing on a petition for emancipation of a minor.

(10) A paper requiring a hearing on a petition for an order to prevent abuse of an elder or dependent adult.

(11) A paper requiring a hearing on a petition for a writ of review, mandate, or prohibition.

(12) A paper requiring a hearing on a petition for a decree of change of name or gender.

(13) A paper requiring a hearing on a petition to approve the compromise of a claim of a minor.

(1) A request, application, or motion for, or a notice of, the continuance of a hearing or case management conference. The fee shall be charged no more than once for each continuance. The fee shall not be charged if the continuance is required by the court.

(2) A stipulation and order.

(3) A request for an order authorizing service of summons by posting or by publication under Section 415.45 or 415.50 of the Code of Civil Procedure.

(d) The fee for filing a motion for summary judgment or summary adjudication of issues is five hundred dollars ($500).

(e) (1) The fee for filing in the superior court an application to appear as counsel pro hac vice is five hundred dollars ($500). This fee is in addition to any other fee required of the applicant. Two hundred fifty dollars ($250) of the fee collected under this paragraph shall be transmitted to the state for deposit into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5. The remaining two hundred fifty dollars ($250) of the fee shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.

(2) An attorney whose application to appear as counsel pro hac vice has been granted shall pay to the superior court, on or before the anniversary of the date the application was granted, an annual renewal fee of five hundred dollars ($500) for each year that the attorney maintains pro hac vice status in the case in which the application was granted. The entire fee collected under this paragraph shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.

(f) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a), (c), (d), and (e) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.

(g) This section shall become inoperative on July 1, ~~2018,~~ 2023, and, as of January 1, ~~2019,~~ 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, ~~2019,~~ 2024, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 13.

Section 70617 of the Government Code, as amended by Section 9 of Chapter 26 of the Statutes of 2015, is amended to read:

70617.

(a) Except as provided in subdivisions (d) and (e), the uniform fee for filing a motion, application, or any other paper requiring a hearing subsequent to the first paper, is forty dollars ($40). Papers for which this fee shall be charged include the following: