Bill Text: CA AB555 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Civil actions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-28 - Chaptered by Secretary of State - Chapter 330, Statutes of 2015. [AB555 Detail]

Download: California-2015-AB555-Amended.html

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BILL NUMBER: AB 555	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2015
	AMENDED IN SENATE  JULY 2, 2015

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 23, 2015

   An act to amend Sections 630.03 and 630.11 of,  to amend the
heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of
Part 2 of,  to add  and r   epeal  Chapter
4.6 (commencing with Section 630.20)  to  of
 Title 8 of Part 2 of, and to repeal Section 630.12 of the Code
of Civil Procedure, relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 555, as amended, Alejo. Civil actions.
   Existing law establishes procedures for conducting expedited jury
trials in civil cases where the parties sign a consent order to
stipulate that those procedures apply. Pursuant to these procedures,
all parties agree that each side has up to 3 hours to present its
case and agree to waive all rights to appeal and to move for a
directed verdict or to make any posttrial motions, except as
provided. Existing law repeals these provisions on January 1, 2016.
   This bill would modify procedures to provide that each party 
would  have up to 5 hours to complete voir dire and present its
case. The bill would require the Judicial Council to update rules and
forms relating to these procedures by July 1, 2016. The bill would
also delete the January 1, 2016 repeal date, thereby extending the
operation of these provisions indefinitely.
   Existing law requires that a designated action or special
proceeding meeting certain conditions be treated as a limited civil
case. Existing law authorizes a limited civil case to be brought in
the small claims division if the case is within the jurisdiction of
the small claims division as otherwise provided by statute.
   The bill would establish procedures for conducting  mandatory
 expedited jury trials in limited civil cases, including
provisions for a jury of 8 or few members, with  no
alternates,   one alternate,  and a limit of 5
hours for each side to complete voir dire and to present its case.
The bill would authorize either party to opt out of the expedited
jury trial procedures if certain requirements are met. The bill would
provide that the verdict in an expedited jury trial case may be
appealed and is subject to any written high/low agreement, as
defined. The bill would require the Judicial Council to adopt
additional rules and uniform procedures, as provided, by July 1,
2016. 
   The bill would delay the operative date of specified provisions
relating to mandatory expedited jury trials until July 1, 2016. The
bill would also repeal the provisions relating to mandatory expedited
jury trials on July 1, 2019. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    The heading of Chapter 4.5 (commencing
with Section 630.01) of Title 8 of Part 2 of the   Code of
Civil Procedure   is amended to read: 
      CHAPTER 4.5.   VOLUNTARY  EXPEDITED JURY TRIALS


   SECTION 1.   SEC. 2.   Section 630.03 of
the Code of Civil Procedure is amended to read:
   630.03.  (a) All parties agreeing to participate in an expedited
jury trial and, if represented, their counsel, shall sign a proposed
consent order granting an expedited jury trial.
   (b) Except as provided in subdivision (d), the agreement to
participate in the expedited jury trial process is binding upon the
parties, unless either of the following occurs:
   (1) All parties stipulate to end the agreement to participate.
   (2) The court, on its own motion or at the request of a party by
noticed motion, finds that good cause exists for the action not to
proceed under the rules of this chapter.
   (c) Any agreement to participate in an expedited jury trial under
this chapter may be entered into only after a dispute has arisen and
an action has been filed.
   (d) The court shall approve the use of an expedited jury trial and
any high/low agreements or other stipulations for an expedited jury
trial involving either of the following:
   (1) A self-represented litigant.
   (2) A minor, an incompetent person, or a person for whom a
conservator has been appointed.
   (e) The proposed consent order submitted to the court shall
include all of the following:
   (1) A preliminary statement that each named party and any
insurance carrier responsible for providing coverage or defense on
behalf of that party, individually identified in the proposed consent
order, have been informed of the rules and procedures for an
expedited jury trial and provided with a Judicial Council information
sheet regarding expedited jury trials, have agreed to take part in
or, in the case of a responsible insurance carrier, not object to,
the expedited jury trial process, and have agreed to all the specific
provisions set forth in the consent order.
   (2) The parties' agreement to all of the following:
   (A) That all parties waive all rights to appeal and to move for
directed verdict or make any post-trial motions, except as provided
in Sections 630.08 and 630.09.
   (B) That each side shall have up to five hours in which to
complete voir dire and to present its case.
   (C) That the jury shall be composed of eight or fewer jurors with
no alternates.
   (D) That each side shall be limited to three peremptory
challenges, unless the court permits an additional challenge in cases
with more than two sides as provided in Section 630.04.
   (E) That the trial and pretrial matters will proceed under
subparagraphs (A) to (D), inclusive, and, unless the parties
expressly agree otherwise in the proposed consent order, under all
other provisions in this chapter and in the implementing rules of
court.
   (f) The court shall issue the consent order as proposed by the
parties, unless the court finds good cause why the action should not
proceed through the expedited jury trial process, in which case the
court shall deny the proposed consent order in its entirety.
   SEC. 2.   SEC. 3.   Section 630.11 of
the Code of Civil Procedure is amended to read:
   630.11.  The Judicial Council shall, on or before July 1, 2016,
update rules and forms to establish uniform procedures implementing
the provisions of this chapter, including, but not limited to, rules
for all of the following:
   (a) Additional content of proposed consent orders.
   (b) Pretrial exchanges and submissions.
   (c) Pretrial conferences.
   (d) Presentation of evidence and testimony.
   (e) Any other procedures necessary to implement the provisions of
this chapter.
   SEC. 3.   SEC. 4.   Section 630.12 of
the Code of Civil Procedure is repealed.
   SEC. 4.   SEC. 5.   Chapter 4.6
(commencing with Section 630.20) is added to Title 8 of Part 2 of the
Code of Civil Procedure, to read:
      CHAPTER 4.6.   MANDATORY  EXPEDITED JURY TRIALS IN
LIMITED CIVIL CASES


   630.20.  (a) Except as provided in  subdivision (b),
  subdivisions (b) and (c),  an action or special
proceeding treated as a limited civil case pursuant to Article 1
(commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1,
including an action or special proceeding initially filed as a
limited civil case or remanded as one thereafter, shall be conducted
as  an   a mandatory  expedited jury trial
pursuant to this chapter.
   (b) Either party may opt out of the  mandatory  expedited
jury trial procedures if any of the following criteria is met:
   (1) Punitive damages are sought.
   (2) Damages in excess of insurance policy limits are sought.
   (3) A party's insurer is providing a legal defense subject to a
reservation of rights.
   (4) The case involves a claim reportable to a governmental entity.

   (5) The case involves a claim of moral turpitude that may affect
an individual's professional licensing.
   (6) The case involves claims of intentional conduct. 
   (7) The case has been reclassified as unlimited pursuant to
Section 403.020.  
   (8) The complaint contains a demand for attorney fees, unless
those fees are sought pursuant to Section 1717 of the Civil Code.
 
   (7) 
    (9)  The judge finds good cause exists for the action
not to proceed under the rules of this chapter.  Good cause
includes, but is not limited to, a showing that a party needs more
than five hours to present or defend the action and that the parties
have been unable to stipulate to additional time.  
   (c) This chapter does not apply to a proceeding in forcible entry
or forcible or unlawful detainer. 
   (c) 
    (d)  A judgment in a limited civil case conducted as
 an   a mandatory  expedited jury trial may
be appealed to the appellate division of the superior court in which
the case was tried.
   630.21.  For purposes of this chapter:
   (a)  "Expedited   "Mandatory expedited 
  jury trial" means a jury trial before a reduced jury panel
and a  judicial officer.   judge, conducted
pursuant to this chapter. 
   (b) "High/low agreement" means a written agreement entered into by
the parties that specifies a minimum amount of damages that a
plaintiff is guaranteed to receive from the defendant, and a maximum
amount of damages that the defendant will be liable for, regardless
of the ultimate verdict returned by the jury. Neither the existence
of, nor the amounts contained in, any high/low agreements may be
disclosed to the jury. 
   (c) "Post-trial motions" does not include motions relating to
costs and attorney's fees, motions to correct a judgment for a
clerical error, and motions to enforce a judgment. 
   630.22.  (a) The procedures in this chapter and in the
implementing rules of court shall apply to  mandatory 
expedited jury trials conducted in limited civil cases, unless the
parties agree otherwise, as permitted under subdivision (d) of
Section 630.23, and the court so orders.
   (b) Any matters not expressly addressed in this chapter, in the
implementing rules of court, or in an agreement authorized by this
chapter and the implementing rules, are governed by applicable
statutes and rules governing civil actions.
   630.23.  The following rules and procedures apply to 
mandatory  expedited jury trials conducted pursuant to 
their   this  chapter:
   (a) Each side shall have up to five hours in which to complete
voir dire and to present its case.
   (b) The jury shall be composed of eight  jurors, 
 jurors and one alternate,  unless the parties have agreed
to fewer jurors.
   (c) Each side shall be limited to  three  
four  peremptory challenges, unless the court permits an
additional challenge in cases with more than two sides. If there are
more than two parties in a case and more than two sides, as
determined by the court under subdivision (c) of Section 231, the
parties may request one additional peremptory challenge each, which
is to be granted by the court as the interests of justice may
require.
   (d) The parties may agree to modify the rules and procedures
specified in this chapter and the implementing rules of court,
subject to the court's approval.
   630.24.  Nothing in this chapter is intended to preclude a jury
from deliberating as long as needed.
   630.25.  (a) The rules of evidence apply to  mandatory 
expedited jury trials conducted in limited civil cases, unless the
parties stipulate otherwise.
   (b) Any stipulation by the parties to use relaxed rules of
evidence shall not be construed to eliminate, or in any way affect,
the right of a witness or party to invoke any applicable privilege or
other law protecting confidentiality.
   (c) The right to issue subpoenas and notices to appear to secure
the attendance of witnesses or the production of documents at trial
shall be in accordance with this code.
   630.26.  (a) A vote of six of the eight jurors is required for a
verdict, unless the parties stipulate otherwise.
   (b) The verdict in a limited civil case following  an
  a mandatory  expedited jury trial case shall be
appealable under subdivision (c) of Section 630.20 and subject to any
written high/low agreement or other stipulations concerning the
amount of the award agreed upon by the parties.
   630.27.  All statutes and rules governing costs and attorney's
fees shall apply in limited civil cases that are conducted as 
mandatory  expedited jury trials, unless the parties stipulate
otherwise.
   630.28.  The Judicial Council shall, on or before July 1, 2016,
adopt rules and forms to establish uniform procedures implementing
the provisions of this chapter, including, rules for the following:
   (a) Pretrial exchanges and submissions.
   (b) Pretrial conferences.
   (c) Opt-out procedures pursuant to subdivision (b) of Section
630.20.
   (d) Presentation of evidence and testimony.
   (e) Any other procedures necessary to implement the provisions of
this chapter. 
   630.29.  Sections 630.20 to 630.27, inclusive, shall become
operative on July 1, 2016.  
   630.30.  This chapter shall remain in effect only until July 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before July 1, 2019, deletes or extends that
date.