Bill Text: CA AB2494 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Courts: frivolous actions or proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 425, Statutes of 2014. [AB2494 Detail]

Download: California-2013-AB2494-Amended.html

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BILL NUMBER: AB 2494	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2014

INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2494, as amended, Cooley. Courts: frivolous actions or
proceedings.
   Existing law authorizes a trial court to order a party, the party'
s attorney, or both to pay 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, if the actions or tactics arise from a complaint filed, or a
proceeding initiated, on or before December 31, 1994. Existing law
defines "frivolous" for these purposes, in part, as "for the sole
purpose of harassing an opposing party." In addition to the
reasonable expenses award, existing law authorizes the court to
assess punitive damages against the plaintiff on a determination that
the plaintiff's action was maintained by a person convicted of a
felony against the person's victim for injuries arising from the acts
for which the person was convicted, and that the plaintiff is guilty
of fraud, oppression, or malice in maintaining the action.
   Existing law also requires every pleading, petition, written
notice of motion, or other similar paper to be signed by the attorney
of record, or if a party is unrepresented, by the party, thereby
certifying to the best of the person's knowledge, information, and
belief that it is not being presented primarily for an improper
purpose, as specified, and that the claims, defenses, and legal and
factual contentions are warranted, as specified. Existing law
authorizes a trial court to impose sanctions upon an attorney, law
firm, or party that violates these provisions in a complaint,
petition, or other paper filed on or after January 1, 1995.
   This bill would delete the December 31, 1994, date limitation on a
trial court's authorization to award reasonable expenses incurred as
a result of bad-faith actions or tactics that are frivolous or
solely intended to cause unnecessary delay, thus making both of the
provisions described above applicable commencing January 1, 2015.
 The bill would recast the definition of "frivolous" for
purposes of the reasonable expenses award, in part, as "for the
purpose of harassing an opposing party." 
   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 is amended
to read:
   128.5.  (a) A trial court may 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.
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 or cross-complaint. 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) 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.