Bill Text: CA AB3247 | 2017-2018 | Regular Session | Amended


Bill Title: Arbitration: agreements: enforcement.

Spectrum: Partisan Bill (? 1-0)

Status: (Engrossed) 2018-05-24 - Referred to Com. on JUD. [AB3247 Detail]

Download: California-2017-AB3247-Amended.html

Amended  IN  Assembly  April 30, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3247


Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Chau, Chiu, Holden, Kalra, Maienschein, and Reyes)

February 27, 2018


An act to amend Section 51 of the Civil Code, relating to discrimination. An act to amend Section 1281.2 of the Code of Civil Procedure, relating to arbitration.


LEGISLATIVE COUNSEL'S DIGEST


AB 3247, as amended, Committee on Judiciary. Discrimination: sex: gender identity. Arbitration: agreements: enforcement.
Existing law requires a court, on petition of a party to an arbitration agreement alleging (1) the existence of a written agreement to arbitrate a controversy and (2) that a party to the agreement refuses to arbitrate the controversy, to order the petitioner and the respondent to arbitrate the controversy if the court determines that an agreement to arbitrate exists, unless the court makes other determinations, including, among other things, that grounds exist for the revocation of the agreement.
This bill would change that determination to specify instead that grounds exist for rescission of the agreement. The bill would make other nonsubstantive changes.

Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation. Existing law, for purposes of this provision, defines “sex” to include a person’s gender, meaning a person’s gender identity and gender expression.

This bill would specify that gender identity includes male, female, and nonbinary gender identity.

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

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


SECTION 1.

 Section 1281.2 of the Code of Civil Procedure is amended to read:

1281.2.
 On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto to the agreement refuses to arbitrate such that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that:
(a) The right to compel arbitration has been waived by the petitioner; or
(b) Grounds exist for the revocation rescission of the agreement.
(c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. For purposes of this section, a pending court action or special proceeding includes an action or proceeding initiated by the party refusing to arbitrate after the petition to compel arbitration has been filed, but on or before the date of the hearing on the petition. This subdivision shall not be applicable to an agreement to arbitrate disputes as to the professional negligence of a health care provider made pursuant to Section 1295.
(d) The petitioner is a state or federally chartered depository institution that, on or after January 1, 2018, is seeking to apply a written agreement to arbitrate, contained in a contract consented to by a respondent consumer, to a purported contractual relationship with that respondent consumer that was created by the petitioner fraudulently without the respondent consumer’s consent and by unlawfully using the respondent consumer’s personal identifying information, as defined in Section 1798.92 of the Civil Code.
If the court determines that a written agreement to arbitrate a controversy exists, an order to arbitrate such that controversy may not be refused on the ground that the petitioner’s contentions lack substantive merit.
If the court determines that there are other issues between the petitioner and the respondent which are not subject to arbitration and which are the subject of a pending action or special proceeding between the petitioner and the respondent and that a determination of such issues may make the arbitration unnecessary, the court may delay its order to arbitrate until the determination of such other issues or until such earlier time as the court specifies.
If the court determines that a party to the arbitration is also a party to litigation in a pending court action or special proceeding with a third party as set forth under subdivision (c) herein, (c), the court (1) may refuse to enforce the arbitration agreement and may order intervention or joinder of all parties in a single action or special proceeding; (2) may order intervention or joinder as to all or only certain issues; (3) may order arbitration among the parties who have agreed to arbitration and stay the pending court action or special proceeding pending the outcome of the arbitration proceeding; or (4) may stay arbitration pending the outcome of the court action or special proceeding.

SECTION 1.Section 51 of the Civil Code is amended to read:
51.

(a)This section shall be known, and may be cited, as the Unruh Civil Rights Act.

(b)All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

(c)This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.

(d)Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.

(e)For purposes of this section:

(1)“Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.

(2)(A)“Genetic information” means, with respect to any individual, information about any of the following:

(i)The individual’s genetic tests.

(ii)The genetic tests of family members of the individual.

(iii)The manifestation of a disease or disorder in family members of the individual.

(B)“Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.

(C)“Genetic information” does not include information about the sex or age of any individual.

(3)“Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.

(4)“Religion” includes all aspects of religious belief, observance, and practice.

(5)“Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity, including male, female, and nonbinary gender identity, and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

(6)“Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.

(7)“Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.

(f)A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.

(g)Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.

(h)Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.

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