Bill Text: CA AB271 | 2011-2012 | Regular Session | Amended

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Bill Title: Appeals: class actions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-26 - From committee without further action pursuant to Joint Rule 62(a). [AB271 Detail]

Download: California-2011-AB271-Amended.html

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BILL NUMBER: AB 271	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2011

INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 7, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 271, as amended, Nestande. Appeals: class actions.
   Existing law specifies the judgments and orders from which an
appeal may be taken to the court of appeal.  Existing law also
provides that, if the consent of any person who should have been
joined as a plaintiff cannot be obtained, the person may be made a
defendant. 
   This bill would  add an order granting or denying class
action certification, allowing appeal from the order 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   require an appellate court
to permit an appeal from an order granting or denying class action
certification to join a defendant pursuant to those provisions if the
petition to appeal is filed within 14 days of entry of the order
 .
   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   shall 
permit an appeal from an order granting or denying class action
certification under Section 382  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 the following
circumstances:  
   (1) Whether the trial court's order denying class status would
effectively end the litigation and any reasonable possibility of
prosecuting individual claims.  
   (2) Whether the trial court's order 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 any other special circumstances exist that are
sufficient to justify an interlocutory appeal.