Bill Text: CA SB940 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Civil disputes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-29 - Chaptered by Secretary of State. Chapter 986, Statutes of 2024. [SB940 Detail]

Download: California-2023-SB940-Amended.html

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Amended  IN  Senate  March 12, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 940

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Introduced by Senator Umberg

January 17, 2024

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An act to amend Section 2031.010 of the Code of Civil Procedure, relating to civil discovery. add Article 10.1 (commencing with Section 6173) to Chapter 4 of Division 3 of the Business and Professions Code, relating to attorneys.

LEGISLATIVE COUNSEL'S DIGEST

SB 940, as amended, Umberg. Civil discovery: inspection demands. Attorneys: alternative dispute resolution firms: certification program.

Existing law, the State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees comprised of appointed and elected members. Existing law authorizes a law corporation to practice law if certain conditions are met.

This bill would authorize the State Bar to create a program to certify alternative dispute resolution firms. If the State Bar creates that program, the bill would require the State Bar to establish procedures for a firm to become a certified alternative dispute resolution firm that include specified requirements, and would authorize the State Bar to charge a fee to cover the reasonable costs of administering the program.

Existing law authorizes a party to a civil action to obtain discovery by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action, as specified.

This bill would make a technical, nonsubstantive change to this provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Article 10.1 (commencing with Section 6173) is added to Chapter 4 of Division 3 of the Business and Professions Code, to read:

Article  10.1. Alternative Dispute Resolution Certification Program

6173.

 (a) The State Bar may create a program to certify alternative dispute resolution firms.

(b) If the State Bar creates a program pursuant to subdivision (a), the State Bar shall establish procedures for a firm to become a certified alternative dispute resolution firm that include, but are not limited to, a requirement that the firm verify all of the following:

(1) The firm requires, at a minimum, its arbitrators to comply with the Ethics Standards for Neutral Arbitrators in Contractual Arbitration as adopted by the Judicial Council pursuant to Section 1281.85 of the Code of Civil Procedure.

(2) The firm requires, at a minimum, its mediators to comply with ethical standards that are equivalent to the Rules of Conduct for Mediators in Court-Connected Mediation Programs for General Civil Cases as provided in Rules 3.850 to 3.860, inclusive, of the California Rules of Court.

(3) The firm has procedures in place for persons to make complaints regarding the failure of an arbitrator or mediator of the firm to comply with the standards described in paragraph (1) or (2), as applicable.

(4) The firm has procedures to remedy failures of arbitrators or mediators to comply with the standards described in paragraph (1) or (2), as applicable.

(c) If the State Bar creates a program pursuant to subdivision (a), the State Bar may charge a fee to cover the reasonable costs of administering the program.

SECTION 1.Section 2031.010 of the Code of Civil Procedure is amended to read:

2031.010.

(a)A party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.

(b)A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made.

(c)A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect and to photograph, test, or sample any tangible things that are in the possession, custody, or control of the party on whom the demand is made.

(d)A party may demand that any other party allow the party making the demand, or someone acting on the demanding party’s behalf, to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it.

(e)A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect, copy, test, or sample electronically stored information in the possession, custody, or control of the party on whom demand is made.