Bill Text: CA AB1659 | 2013-2014 | Regular Session | Chaptered
Bill Title: Civil actions: post-verdict motions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-08 - Chaptered by Secretary of State - Chapter 93, Statutes of 2014. [AB1659 Detail]
Download: California-2013-AB1659-Chaptered.html
BILL NUMBER: AB 1659 CHAPTERED
BILL TEXT
CHAPTER 93
FILED WITH SECRETARY OF STATE JULY 8, 2014
APPROVED BY GOVERNOR JULY 8, 2014
PASSED THE SENATE JUNE 26, 2014
PASSED THE ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY APRIL 1, 2014
INTRODUCED BY Assembly Member Chau
FEBRUARY 12, 2014
An act to amend Sections 629, 659a, and 663a of the Code of Civil
Procedure, relating to civil procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 1659, Chau. Civil actions: post-verdict motions.
Existing law establishes procedures by which a court, either on
its own motion or on motion of a party against whom a verdict has
been rendered, may render judgment in favor of the aggrieved party
notwithstanding the verdict. Existing law also establishes the
procedures by which a party to a court action may make a motion to
set aside and vacate a judgment.
This bill would require that the moving, opposing, and reply
briefs and accompanying documents in support or opposition to a
motion for judgment notwithstanding the verdict or in support or
opposition to a motion to set aside and vacate a judgment be served
and filed in accordance with the deadlines applicable to a motion for
new trial.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 629 of the Code of Civil Procedure is amended
to read:
629. (a) The court, before the expiration of its power to rule on
a motion for a new trial, either of its own motion, after five days'
notice, or on motion of a party against whom a verdict has been
rendered, shall render judgment in favor of the aggrieved party
notwithstanding the verdict whenever a motion for a directed verdict
for the aggrieved party should have been granted had a previous
motion been made.
(b) A motion for judgment notwithstanding the verdict shall be
made within the period specified by Section 659 for the filing and
service of a notice of intention to move for a new trial. The moving,
opposing, and reply briefs and any accompanying documents shall be
filed and served within the periods specified by Section 659a and the
hearing on the motion shall be set in the same manner as the hearing
on a motion for new trial under Section 660. The making of a motion
for judgment notwithstanding the verdict shall not extend the time
within which a party may file and serve notice of intention to move
for a new trial. The court shall not rule upon the motion for
judgment notwithstanding the verdict until the expiration of the time
within which a motion for a new trial must be served and filed, and
if a motion for a new trial has been filed with the court by the
aggrieved party, the court shall rule upon both motions at the same
time. The power of the court to rule on a motion for judgment
notwithstanding the verdict shall not extend beyond the last date
upon which it has the power to rule on a motion for a new trial. If a
motion for judgment notwithstanding the verdict is not determined
before that date, the effect shall be a denial of that motion without
further order of the court.
(c) If the motion for judgment notwithstanding the verdict is
denied and if a new trial is denied, the appellate court shall, when
it appears that the motion for judgment notwithstanding the verdict
should have been granted, order judgment to be so entered on appeal
from the judgment or from the order denying the motion for judgment
notwithstanding the verdict.
(d) If a new trial is granted to the party moving for judgment
notwithstanding the verdict, and the motion for judgment
notwithstanding the verdict is denied, the order denying the motion
for judgment notwithstanding the verdict shall nevertheless be
reviewable on appeal from that order by the aggrieved party. If the
court grants the motion for judgment notwithstanding the verdict or
of its own motion directs the entry of judgment notwithstanding the
verdict and likewise grants the motion for a new trial, the order
granting the new trial shall be effective only if, on appeal, the
judgment notwithstanding the verdict is reversed, and the order
granting a new trial is not appealed from or, if appealed from, is
affirmed.
SEC. 2. Section 659a of the Code of Civil Procedure is amended to
read:
659a. Within 10 days of filing the notice, the moving party shall
serve upon all other parties and file any brief and accompanying
documents, including affidavits in support of the motion. The other
parties shall have 10 days after that service within which to serve
upon the moving party and file any opposing briefs and accompanying
documents, including counter-affidavits. The moving party shall have
five days after that service to file any reply brief and accompanying
documents. These deadlines may, for good cause shown by affidavit or
by written stipulation of the parties, be extended by any judge for
an additional period not to exceed 10 days.
SEC. 3. Section 663a of the Code of Civil Procedure is amended to
read:
663a. (a) A party intending to make a motion to set aside and
vacate a judgment, as described in Section 663, shall file with the
clerk and serve upon the adverse party a notice of his or her
intention, designating the grounds upon which the motion will be
made, and specifying the particulars in which the legal basis for the
decision is not consistent with or supported by the facts, or in
which the judgment or decree is not consistent with the special
verdict, either:
(1) After the decision is rendered and before the entry of
judgment.
(2) Within 15 days of the date of mailing of notice of entry of
judgment by the clerk of the court pursuant to Section 664.5, or
service upon him or her by any party of written notice of entry of
judgment, or within 180 days after the entry of judgment, whichever
is earliest.
(b) Except as otherwise provided in Section 12a, the power of the
court to rule on a motion to set aside and vacate a judgment shall
expire 60 days from the mailing of notice of entry of judgment by the
clerk of the court pursuant to Section 664.5, or 60 days after
service upon the moving party by any party of written notice of entry
of the judgment, whichever is earlier, or if that notice has not
been given, then 60 days after filing of the first notice of
intention to move to set aside and vacate the judgment. If that
motion is not determined within the 60-day period, or within that
period, as extended, the effect shall be a denial of the motion
without further order of the court. A motion to set aside and vacate
a judgment is not determined within the meaning of this section until
an order ruling on the motion is (1) entered in the permanent
minutes of the court, or (2) signed by the judge and filed with the
clerk. The entry of an order to set aside and vacate the judgment in
the permanent minutes of the court shall constitute a determination
of the motion even though that minute order, as entered, expressly
directs that a written order be prepared, signed, and filed. The
minute entry shall, in all cases, show the date on which the order
actually is entered in the permanent minutes, but failure to comply
with this direction shall not impair the validity or effectiveness of
the order.
(c) The provisions of Section 1013 extending the time for
exercising a right or doing an act where service is by mail shall not
apply to extend the times specified in paragraphs (1) and (2) of
subdivision (a).
(d) The moving, opposing, and reply briefs and any accompanying
documents shall be filed and served within the periods specified by
Section 659a and the hearing on the motion shall be set in the same
manner as the hearing on a motion for new trial under Section 660.
(e) An order of the court granting a motion may be reviewed on
appeal in the same manner as a special order made after final
judgment.
