Bill Text: CA AB1796 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1796 (Prior Session Legislation)

Bill Title: Civil actions: intervention.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-11-30 - From committee: Without further action pursuant to Joint Rule 62(a). [AB1796 Detail]

Download: California-2015-AB1796-Amended.html

BILL NUMBER: AB 1796	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2016
	AMENDED IN ASSEMBLY  MARCH 14, 2016

INTRODUCED BY   Assembly Member Wilk
   (Coauthor: Assembly Member Wagner)

                        FEBRUARY 4, 2016

   An act to amend Sections 387, 1032, and 1038 of the Code of Civil
Procedure, relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1796, as amended, Wilk. Civil actions: intervention.
   Under existing law, any person who has an interest in a matter in
litigation, or in the success of either of the parties, or an
interest against both, may intervene in the action or proceeding.
Existing law provides that a third person may become a party to an
action or proceeding between other persons, either by joining the
plaintiff in claiming what is sought by the complaint, uniting with
the defendant in resisting the claims of the plaintiff, or demanding
anything adversely to both the plaintiff and the defendant, by filing
a complaint setting forth the grounds upon which the intervention
rests, as specified.
   This bill would require that a person  permitted 
 seeking  to intervene in an action or proceeding, deemed
the intervenor,  file a complaint, answer, or both, setting
forth the grounds upon which the intervention rests.  
petition the court for leave to intervene by noticed motion or ex
parte application setting forth the grounds upon which the
intervention rests, and would require the intervenor to include a
copy of the proposed complaint in intervention or answer in
intervention   with the petition.  The bill would also
require the intervenor to serve the order, or notice of the court's
decision or order, granting leave to intervene and the pleadings in
intervention on all other parties in the action or proceeding, as
specified. The bill would also recast some provisions of existing law
and make conforming changes to other provisions of law.
   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 387 of the Code of Civil Procedure is amended
to read:
   387.  (a) For purposes of this section:
   (1) "Defendant" includes a cross-defendant.
   (2) "Plaintiff" includes a cross-complainant.
   (b) An intervention takes place when a third  person
  person,  deemed an intervenor, becomes a party to
an action or proceeding between other  other 
persons by doing any of the following:
   (1) Joining a plaintiff in claiming what is sought  in
  by  the complaint.
   (2) Uniting with a defendant in resisting the claims of a
plaintiff.
   (3) Demanding anything adverse to both a plaintiff and a
defendant.
   (c) A third person seeking leave of court to intervene in an
action or proceeding shall timely do the following:
   (1)  Set   Petition   the court for
leave to intervene by noticed motion or ex parte application. The
petition shall set  forth the grounds upon which the
intervention rests and  attach   shall include
 a copy of  a   the  proposed
complaint in  intervention,   intervention or
 answer in  intervention, or both.  
intervention. 
   (2) Serve a copy of the documents submitted to the court in
support of the request for intervention on all other parties who have
appeared in the action or proceeding in the manner provided by
Chapter 5 (commencing with Section 1010) of Title 14 of Part 
2.   2, or as prescribed by the California Rules of
Court applicable to ex parte applications. 
   (d) (1) The court shall, upon timely application, permit a third
person to intervene in the action or proceeding if either of the
following conditions is satisfied:
   (A) A provision of law confers an unconditional right to
intervene.
   (B) The person seeking intervention claims an interest relating to
the property or transaction that is the subject of the action and
that person is so situated that the disposition of the action may
impair or impede that person's ability to protect that interest,
unless that person's interest is adequately represented by one or
more of the existing parties.
   (2) The court may, upon timely application, permit a third person
to intervene in the action or proceeding if the person has an
interest in the matter in litigation, or in the success of either of
the parties, or an interest against both.
   (e) If leave to intervene is granted to the court, the intervenor
shall do both of the following:
   (1) Separately file the complaint in intervention, answer in
intervention, or both.
   (2) Serve a copy of the order, or the notice of the court's
decision or order, granting leave to intervene and the pleadings in
intervention on all other parties in the action or proceeding,
including any parties who have not appeared, in the same manner for
service of summons pursuant to Article 3 (commencing with Section
415.10) of Chapter 4 of Title 5 of Part 2, or in the manner provided
by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
   (f) Within 30 days after service of a complaint in intervention or
answer in intervention, a party may move, demur, or otherwise plead
to the complaint in intervention or answer in intervention in the
same manner as to an original complaint or answer  . 

   (g) This section shall not be construed to prevent a third person
from seeking leave of court to intervene by an ex parte application
in the manner prescribed by the rules of court adopted by the
Judicial Council for ex parte applications. 
  SEC. 2.  Section 1032 of the Code of Civil Procedure is amended to
read:
   1032.  (a) As used in this section, unless the context clearly
requires otherwise:
   (1) "Complaint" includes a cross-complaint.
   (2) "Defendant" includes a cross-defendant, a person against whom
a complaint is filed, or a party who files an answer in intervention.

   (3) "Plaintiff" includes a cross-complainant or a party who files
a complaint in intervention.
   (4) "Prevailing party" includes the party with a net monetary
recovery, a defendant in whose favor a dismissal is entered, a
defendant where neither plaintiff nor defendant obtains any relief,
and a defendant as against those plaintiffs who do not recover any
relief against that defendant. If any party recovers other than
monetary relief and in situations other than as specified, the
"prevailing party" shall be as determined by the court, and under
those circumstances, the court, in its discretion, may allow costs or
not and, if allowed, may apportion costs between the parties on the
same or adverse sides pursuant to rules adopted under Section 1034.
   (b) Except as otherwise expressly provided by statute, a
prevailing party is entitled as a matter of right to recover costs in
any action or proceeding.
   (c) Nothing in this section shall prohibit parties from
stipulating to alternative procedures for awarding costs in the
litigation pursuant to rules adopted under Section 1034.
  SEC. 3.  Section 1038 of the Code of Civil Procedure is amended to
read:
   1038.  (a) In any civil proceeding under the Government Claims Act
(Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code) or for express or implied indemnity or for
contribution in any civil action, the court, upon motion of the
defendant or cross-defendant, shall, at the time of the granting of
any summary judgment, motion for directed verdict, motion for
judgment under Section 631.8, or any nonsuit dismissing the moving
party other than the plaintiff, petitioner, cross-complainant, or
intervenor, or at a later time set forth by rule of the Judicial
Council adopted under Section 1034, determine whether or not the
plaintiff, petitioner, cross-complainant, or intervenor brought the
proceeding with reasonable cause and in the good faith belief that
there was a justifiable controversy under the facts and law which
warranted the filing of the complaint, petition, cross-complaint, or
complaint or answer in intervention. If the court should determine
that the proceeding was not brought in good faith and with reasonable
cause, an additional issue shall be decided as to the defense costs
reasonably and necessarily incurred by the party or parties opposing
the proceeding, and the court shall render judgment in favor of that
party in the amount of all reasonable and necessary defense costs, in
addition to those costs normally awarded to the prevailing party. An
award of defense costs under this section shall not be made except
on notice contained in a party's papers and an opportunity to be
heard.
   (b) "Defense costs," as used in this section, shall include
reasonable attorney's fees, expert witness fees, the expense of
services of experts, advisers, and consultants in defense of the
proceeding, and where reasonably and necessarily incurred in
defending the proceeding.
   (c) This section shall be applicable only on motion made before
the discharge of the jury or entry of judgment, and any party
requesting the relief pursuant to this section waives any right to
seek damages for malicious prosecution. Failure to make the motion
shall not be deemed a waiver of the right to pursue a malicious
prosecution action.
   (d) This section shall only apply if the defendant or
cross-defendant has made a motion for summary judgment, judgment
under Section 631.8, directed verdict, or nonsuit and the motion is
granted.