Bill Text: CA SB731 | 2011-2012 | Regular Session | Chaptered
Bill Title: Civil actions.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-07-01 - Chaptered by Secretary of State. Chapter 49, Statutes of 2011. [SB731 Detail]
Download: California-2011-SB731-Chaptered.html
BILL NUMBER: SB 731 CHAPTERED
BILL TEXT
CHAPTER 49
FILED WITH SECRETARY OF STATE JULY 1, 2011
APPROVED BY GOVERNOR JUNE 29, 2011
PASSED THE SENATE MARCH 31, 2011
PASSED THE ASSEMBLY JUNE 20, 2011
AMENDED IN SENATE MARCH 29, 2011
INTRODUCED BY Committee on Judiciary (Senators Evans (Chair),
Blakeslee, Corbett, Harman, and Leno)
FEBRUARY 18, 2011
An act to amend Sections 391.7, 1141.20, and 1141.23 of, and to
add Section 391.8 to, the Code of Civil Procedure, relating to civil
actions.
LEGISLATIVE COUNSEL'S DIGEST
SB 731, Committee on Judiciary. Civil actions.
(1) Existing law permits a court, on its own motion or the motion
of any party, to enter a prefiling order prohibiting a vexatious
litigant from filing any new litigation in propria persona without
first obtaining leave of the presiding judge of the court where the
litigation is proposed to be filed. Existing law permits a presiding
judge to allow a vexatious litigant's filing only under specified
circumstances, and permits the presiding judge to condition the
filing upon the furnishing of security. Existing law prohibits a
clerk of a court from filing any litigation presented by a vexatious
litigant subject to a prefiling order unless the vexatious litigant
first obtains an order permitting the filing and provides a process
for staying and dismissing litigation by a vexatious litigant if the
clerk mistakenly accepts it.
This bill would extend the authority described above to a
presiding justice or to the designee of a presiding justice or a
presiding judge. The bill would also permit a vexatious litigant who
is subject to a prefiling order to file an application to vacate the
prefiling order and remove his or her name from the Judicial Council'
s list of vexatious litigants, as specified. The bill would prohibit
a vexatious litigant whose application is denied from filing another
application before 12 months has elapsed after the date of the
denial. The bill would permit a court to vacate a prefiling order and
order removal of a vexatious litigant's name from the Judicial
Council's list of vexatious litigants upon a showing of a material
change in the facts upon which the order was granted and finding that
the ends of justice would be served by vacating the order.
(2) Existing law requires that specified civil cases be submitted
to arbitration and that an arbitration award is final unless a
request for a de novo trial is filed within 30 days after the date
the arbitrator files the award with the court. Existing law requires
that an arbitration award be filed in the court in which the action
is pending, and if a request for a de novo trial is not made and the
award is not vacated, the award be entered in the judgment book.
This bill would further condition the finality of an arbitration
award, as described above, on a request for dismissal not having been
made, and would extend the period for making a request for dismissal
or for a de novo trial to 60 days after the date the arbitrator
files the award.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 391.7 of the Code of Civil Procedure is amended
to read:
391.7. (a) In addition to any other relief provided in this
title, the court may, on its own motion or the motion of any party,
enter a prefiling order which prohibits a vexatious litigant from
filing any new litigation in the courts of this state in propria
persona without first obtaining leave of the presiding justice or
presiding judge of the court where the litigation is proposed to be
filed. Disobedience of the order by a vexatious litigant may be
punished as a contempt of court.
(b) The presiding justice or presiding judge shall permit the
filing of that litigation only if it appears that the litigation has
merit and has not been filed for the purposes of harassment or delay.
The presiding justice or presiding judge may condition the filing of
the litigation upon the furnishing of security for the benefit of
the defendants as provided in Section 391.3.
(c) The clerk may not file any litigation presented by a vexatious
litigant subject to a prefiling order unless the vexatious litigant
first obtains an order from the presiding justice or presiding judge
permitting the filing. If the clerk mistakenly files the litigation
without the order, any party may file with the clerk and serve, or
the presiding justice or presiding judge may direct the clerk to file
and serve, on the plaintiff and other parties a notice stating that
the plaintiff is a vexatious litigant subject to a prefiling order as
set forth in subdivision (a). The filing of the notice shall
automatically stay the litigation. The litigation shall be
automatically dismissed unless the plaintiff within 10 days of the
filing of that notice obtains an order from the presiding justice or
presiding judge permitting the filing of the litigation as set forth
in subdivision (b). If the presiding justice or presiding judge
issues an order permitting the filing, the stay of the litigation
shall remain in effect, and the defendants need not plead, until 10
days after the defendants are served with a copy of the order.
(d) For purposes of this section, "litigation" includes any
petition, application, or motion other than a discovery motion, in a
proceeding under the Family Code or Probate Code, for any order.
(e) The presiding justice or presiding judge of a court may
designate a justice or judge of the same court to act on his or her
behalf in exercising the authority and responsibilities provided
under subdivisions (a) to (c), inclusive.
(f) The clerk of the court shall provide the Judicial Council a
copy of any prefiling orders issued pursuant to subdivision (a). The
Judicial Council shall maintain a record of vexatious litigants
subject to those prefiling orders and shall annually disseminate a
list of those persons to the clerks of the courts of this state.
SEC. 2. Section 391.8 is added to the Code of Civil Procedure, to
read:
391.8. (a) A vexatious litigant subject to a prefiling order
under Section 391.7 may file an application to vacate the prefiling
order and remove his or her name from the Judicial Council's list of
vexatious litigants subject to prefiling orders. The application
shall be filed in the court that entered the prefiling order, either
in the action in which the prefiling order was entered or in
conjunction with a request to the presiding justice or presiding
judge to file new litigation under Section 391.7. The application
shall be made before the justice or judge who entered the order, if
that justice or judge is available. If that justice or judge who
entered the order is not available, the application shall be made
before the presiding justice or presiding judge, or his or her
designee.
(b) A vexatious litigant whose application under subdivision (a)
was denied shall not be permitted to file another application on or
before 12 months has elapsed after the date of the denial of the
previous application.
(c) A court may vacate a prefiling order and order removal of a
vexatious litigant's name from the Judicial Council's list of
vexatious litigants subject to prefiling orders upon a showing of a
material change in the facts upon which the order was granted and
that the ends of justice would be served by vacating the order.
SEC. 3. Section 1141.20 of the Code of Civil Procedure is amended
to read:
1141.20. (a) An arbitration award shall be final unless a request
for a de novo trial or a request for dismissal in the form required
by the Judicial Council is filed within 60 days after the date the
arbitrator files the award with the court.
(b) Any party may elect to have a de novo trial, by court or jury,
both as to law and facts. Such trial shall be calendared, insofar as
possible, so that the trial shall be given the same place on the
active list as it had prior to arbitration, or shall receive civil
priority on the next setting calendar.
SEC. 4. Section 1141.23 of the Code of Civil Procedure is amended
to read:
1141.23. The arbitration award shall be in writing, signed by the
arbitrator and filed in the court in which the action is pending. If
there is no request for a de novo trial or a request for dismissal
in the form required by the Judicial Council and the award is not
vacated, the award shall be entered in the judgment book in the
amount of the award. Such award shall have the same force and effect
as a judgment in any civil action or proceeding, except that it is
not subject to appeal and it may not be attacked or set aside except
as provided by Section 473, 1286.2, or Judicial Council rule.
