Bill Text: CA SB1007 | 2015-2016 | Regular Session | Chaptered

---

Bill Title: Arbitration: transcription by certified shorthand reporter.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2016-09-25 - Chaptered by Secretary of State. Chapter 626, Statutes of 2016. [SB1007 Detail]

Download: California-2015-SB1007-Chaptered.html

---

BILL NUMBER: SB 1007	CHAPTERED
	BILL TEXT

	CHAPTER  626
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2016
	PASSED THE SENATE  AUGUST 24, 2016
	PASSED THE ASSEMBLY  AUGUST 18, 2016
	AMENDED IN ASSEMBLY  JUNE 15, 2016
	AMENDED IN SENATE  MAY 3, 2016
	AMENDED IN SENATE  APRIL 13, 2016

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 10, 2016

   An act to add Section 1282.5 to the Code of Civil Procedure,
relating to arbitration.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1007, Wieckowski. Arbitration: transcription by certified
shorthand reporter.
   Existing law establishes standards for arbitration, and requires a
court to vacate an arbitration award if it makes certain findings.
   This bill would provide that a party to an arbitration has the
right to have a certified shorthand reporter transcribe any
deposition, proceeding, or hearing as the official record. The bill
would require a party requesting a certified shorthand reporter to
make his or her request in a demand, response, answer, or
counterclaim related to the arbitration, or at a pre-hearing
scheduling conference at which a deposition, proceeding, or hearing
is being calendared. The bill would also require the party requesting
the transcript to incur the expense of the certified shorthand
reporter, except as specified in a consumer arbitration. The bill
would authorize a party whose request has been refused by the
arbitrator to petition the court for an order to compel the
arbitrator to grant the party's request to have a certified shorthand
reporter transcribe any deposition, proceeding, or hearing, and for
an order to stay any deposition, proceeding, or hearing pending the
court's determination of the petition.


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

  SECTION 1.  Section 1282.5 is added to the Code of Civil Procedure,
to read:
   1282.5.  (a) (1) A party to an arbitration has the right to have a
certified shorthand reporter transcribe any deposition, proceeding,
or hearing. The transcript shall be the official record of the
deposition, proceeding, or hearing.
   (2) A party requesting a certified shorthand reporter shall make
his or her request in or at either of the following:
   (A) A demand for arbitration, or a response, answer, or
counterclaim to a demand for arbitration.
   (B) A pre-hearing scheduling conference at which a deposition,
proceeding, or hearing is being calendared.
   (b) If an arbitration agreement does not provide for a certified
shorthand reporter, the party requesting the transcript shall incur
the expense of the certified shorthand reporter. However, in a
consumer arbitration, a certified shorthand reporter shall be
provided upon request of an indigent consumer, as defined in Section
1284.3, at the expense of the nonconsumer party.
   (c) If an arbitrator refuses to allow a party to have a certified
shorthand reporter transcribe any deposition, proceeding, or hearing
pursuant to this section, the party may petition the court for an
order to compel the arbitrator to grant the party's request. The
petition may include a request for an order to stay any deposition,
proceeding, or hearing related to the arbitration pending the court's
determination of the petition.
   (d) This section does not add grounds for vacating an arbitration
award pursuant to subdivision (a) of Section 1286.2 or for correcting
an arbitration award pursuant to Section 1286.6.