Bill Text: CA SB1078 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Civil procedure: arbitration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1078 Detail]

Download: California-2015-SB1078-Introduced.html

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BILL NUMBER: SB 1078	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson

                        FEBRUARY 17, 2016

   An act to amend Section 1280 of the Code of Civil Procedure,
relating to arbitration.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1078, as introduced, Jackson. Civil procedure: arbitration.
   Existing law governs arbitration in civil proceedings. Under
existing law, a neutral arbitrator is defined as one who is selected
jointly by the parties or by the parties' arbitrators, or is
appointed by the court if the parties or their arbitrators cannot
jointly select an arbitrator. Existing law provides that a party to
an arbitration includes the party seeking to arbitrate the agreement,
a party against whom arbitration is sought, or a party who is made a
party by any of the parties to an agreement, including the
arbitrator. Existing law also provides that a written arbitration
agreement includes a written agreement that is extended or renewed by
an implied or oral agreement.
   This bill would make a technical, nonsubstantive change to these
provisions.
   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 1280 of the Code of Civil Procedure is amended
to read:
   1280.  As used in this title:
   (a) "Agreement" includes but is not limited to agreements
providing for valuations, appraisals and similar proceedings and
agreements between employers and employees or between their
respective representatives.
   (b) "Award" includes but is not limited to an award made pursuant
to an agreement not in writing.
   (c) "Controversy" means any question arising between parties to an
agreement whether such question is one of law or of fact or both.
   (d) "Neutral arbitrator" means an arbitrator who is  either
 (1) selected jointly by the parties or by the arbitrators
selected by the parties or (2) appointed by the court when the
parties or the arbitrators selected by the parties fail to select an
arbitrator who was to be selected jointly by them.
   (e) "Party to the arbitration" means a party to the arbitration
agreement:
   (1) Who seeks to arbitrate a controversy pursuant to the
agreement;
   (2) Against whom such arbitration is sought pursuant to the
agreement; or
   (3) Who is made a party to such arbitration by order of the
neutral arbitrator upon such party's application, upon the
application of any other party to the arbitration or upon the neutral
arbitrator's own determination.
   (f) "Written agreement" shall be deemed to include a written
agreement which has been extended or renewed by an oral or implied
agreement.