Bill Text: CA SB491 | 2011-2012 | Regular Session | Amended

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Bill Title: Contracts: claims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled - Dead) 2012-07-03 - Set, first hearing. Failed passage in committee. [SB491 Detail]

Download: California-2011-SB491-Amended.html

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BILL NUMBER: SB 491	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2012
	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Evans

                        FEBRUARY 17, 2011

    An act to amend Section 8250 of the Probate Code,
relating to civil procedure.   An act to add Section
1589.5 to the Civil Code, relating to contracts. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 491, as amended, Evans.  Civil procedure: probate of
wills.   Contracts: claims.  
   Existing law generally regulates the nature of contracts,
including the nature of consent to terms within a contract. 

   This bill would provide that any term in a contract of adhesion
purporting to waive the right to join or consolidate claims, or to
bring a claim as a representative member of a class or in a private
attorney general capacity shall be deemed to lack the necessary
consent to waive that right, and is void. The bill would provide that
these provisions apply to contracts that are entered into on or
after January 1, 2013.  
   Under existing law, when a will is contested, the contestant is
required to file with the court an objection to probate of the will.
A summons is required to be issued and served, with a copy of the
objection, on specified persons. Existing law establishes the
procedure for the issuance and service of a summons, and authorizes a
plaintiff to have the clerk of the court issue one or more summons
for any defendant.  
   This bill would clarify that the provisions that authorize a clerk
to issue a summons are applicable when a person files an objection
to the probate of a will by adding a cross-reference to those
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 1589.5 is added to the 
 Civil Code   , to read:  
   1589.5.  (a) Any term in a contract of adhesion purporting to
waive the right to join or consolidate claims, or to bring a claim as
a representative member of a class or in a private attorney general
capacity shall be deemed to lack the necessary consent to waive that
right, and is void.
   (b) This section shall apply to contracts that are entered into on
or after January 1, 2013.  
  SECTION 1.    Section 8250 of the Probate Code is
amended to read:
   8250.  (a) When a will is contested under Section 8004, the
contestant shall file with the court an objection to probate of the
will. Thereafter, a summons shall be issued and served, with a copy
of the objection, on the persons required by Section 8110 to be
served with notice of hearing of a petition for administration of the
decedent's estate. The summons shall be issued and served as
provided in Chapter 3 (commencing with Section 412.10) and Chapter 4
(commencing with Section 413.10) of Title 5 of Part 2 of the Code of
Civil Procedure. The summons shall contain a direction that the
persons summoned file with the court a written pleading in response
to the contest within 30 days after service of the summons.
   (b) A person named as executor in the will is under no duty to
defend a contest until the person is appointed personal
representative.