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

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

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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-Amended.html

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BILL NUMBER: SB 1007	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2016

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 10, 2016

   An act to amend Section 1286.2  of   of, and
to add Section 1282.5 to,  the Code of Civil Procedure, relating
to arbitration.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1007, as amended, Wieckowski. Arbitration  awards.
  : 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, in addition,    
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 the party
requesting the transcript to incur the expense of the certified
shorthand reporter, except as specified in a consumer arbitration.
The bill would also  require a court to  dismiss
  vacate  an arbitration award if the court
determines that  the rights of a party were substantially
prejudiced by the refusal of the arbitrators to allow the party, at
the party's expense,   an arbitrator refused a party's
request  to have a certified shorthand reporter transcribe any
deposition, proceeding, or  hearing as the official record.
  hearing. 
   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 1282.5 is added to the 
 Code of Civil Procedure   , to read:  
   1282.5.  (a) 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.
   (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 and an award is made, the court shall vacate
the award under paragraph (7) of subdivision (a) of Section 1286.2.

   SECTION 1.   SEC. 2.   Section 1286.2 of
the Code of Civil Procedure is amended to read:
   1286.2.  (a) Subject to Section 1286.4, the court shall vacate the
award if the court determines any of the following:
   (1) The award was procured by corruption, fraud, or other undue
means.
   (2) There was corruption in any of the arbitrators.
   (3) The rights of the party were substantially prejudiced by
misconduct of a neutral arbitrator.
   (4) The arbitrators exceeded their powers and the award cannot be
corrected without affecting the merits of the decision upon the
controversy submitted.
   (5) The rights of the party were substantially prejudiced by the
refusal of the arbitrators to postpone the hearing upon sufficient
cause being  shown;   shown,  by the
refusal of the arbitrators to hear evidence material to the 
controversy; by the refusal of the arbitrators to allow a party, at
the party's expense, to have a certified shorthand reporter
transcribe any deposition, proceeding, or hearing as the official
record;   controversy,  or by other conduct of the
arbitrators contrary to the provisions of this title.
   (6) An arbitrator making the award either: (A) failed to disclose
within the time required for disclosure a ground for disqualification
of which the arbitrator was then aware; or (B) was subject to
disqualification upon grounds specified in Section 1281.91 but
failed, upon receipt of timely demand, to disqualify himself or
herself as required by that provision. However, this subdivision does
not apply to arbitration proceedings conducted under a collective
bargaining agreement between employers and employees or between their
respective representatives. 
   (7) An arbitrator refused a party's request under Section 1282.5
for a shorthand reporter. 
   (b) Petitions to vacate an arbitration award pursuant to Section
1285 are subject to the provisions of Section 128.7.