Bill Text: CA SB737 | 2013-2014 | Regular Session | Introduced

California Senate Bill 737 (Prior Session Legislation)

Introduced

Bill Title: Appeals: representative actions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB737 Detail]

Download: California-2013-SB737-Introduced.html

BILL NUMBER: SB 737	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Huff

                        FEBRUARY 22, 2013

   An act to amend Section 904.1 of the Code of Civil Procedure,
relating to appeals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 737, as introduced, Huff. Appeals: representative actions.
   Existing law specifies the judgments and orders from which an
appeal may be taken to the court of appeal.
   This bill would allow appear of an order granting or denying class
action certification, at the discretion of the court of appeal. The
bill would specify various factors the court would be required to
consider in determining whether to allow the appeal.
   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 904.1 of the Code of Civil Procedure is amended
to read:
   904.1.  (a) An appeal, other than in a limited civil case, is to
the court of appeal. An appeal, other than in a limited civil case,
may be taken from any of the following:
   (1) From a judgment, except (A) an interlocutory judgment, other
than as provided in paragraphs (8), (9), and (11), or (B) a judgment
of contempt that is made final and conclusive by Section 1222.
   (2) From an order made after a judgment made appealable by
paragraph (1).
   (3) From an order granting a motion to quash service of summons or
granting a motion to stay the action on the ground of inconvenient
forum, or from a written order of dismissal under Section 581d
following an order granting a motion to dismiss the action on the
ground of inconvenient forum.
   (4) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
   (5) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
   (6) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
   (7) From an order appointing a receiver.
   (8) From an interlocutory judgment, order, or decree, hereafter
made or entered in an action to redeem real or personal property from
a mortgage thereof, or a lien thereon, determining the right to
redeem and directing an accounting.
   (9) From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties and
directing partition to be made.
   (10) From an order made appealable by  the 
provisions of the Probate Code or the Family Code.
   (11) From an interlocutory judgment directing payment of monetary
sanctions by a party or an attorney for a party if the amount exceeds
five thousand dollars ($5,000).
   (12) From an order directing payment of monetary sanctions by a
party or an attorney for a party if the amount exceeds five thousand
dollars ($5,000).
   (13) From an order granting or denying a special motion to strike
under Section 425.16.
   (b) Sanction orders or judgments of five thousand dollars ($5,000)
or less against a party or an attorney for a party may be reviewed
on an appeal by that party after entry of final judgment in the main
action, or, at the discretion of the court of appeal, may be reviewed
upon petition for an extraordinary writ. 
   (c) A court of appeal may permit an appeal from an order granting
or denying class action certification if the petition to appeal is
filed within 14 days of the entry of the order. In reviewing a
petition to determine whether to permit an appeal under this
subdivision, the court shall consider all of the following: 

   (1) Whether an order by the trial court denying class status would
effectively end the litigation and any reasonable possibility of
prosecuting individual claims.  
   (2) Whether an order by the trial court granting class status
would place substantial pressure on the defendant to settle without
regard to the merits of the case.  
   (3) Whether an interlocutory appeal of the order would facilitate
the development of the law pertaining to class actions.  
   (4) Whether the order granting or denying class certification is
clearly erroneous.  
   (5) Whether other special circumstances exist that justify an
interlocutory appeal.