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

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-Introduced.html

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BILL NUMBER: AB 2494	INTRODUCED
	BILL TEXT


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 introduced, 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)  Every   A    trial
court may order a party, the party's attorney, or both to pay
 any   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 only if the actions or tactics
arise from a complaint filed, or a proceeding initiated, on or before
December 31, 1994.   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  (A)  totally and
completely without merit or  (B)  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   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  upon   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.