California 2009-2010 Regular Session Status: Enacted

AB 1163 — Attorney-client privilege: decedent's estates.

Last action — Chaptered by Secretary of State - Chapter 8, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Under existing law, a client of a lawyer has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and lawyer if the privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege by the holder, or the person who was the lawyer at the time of the confidential communication. However, the lawyer may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure. "Holder of the privilege" is defined for purposes of these provisions to include the client, a guardian or conservator of the client, the personal representative of the client if the client is dead, and a successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence. This bill would clarify that the personal representative of a client that is dead, and who is appointed for purposes of subsequent estate administration pursuant to the provisions described in (3) below, is a holder of the privilege. (2) Under existing law, there is no lawyer-client privilege as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction. This bill would clarify that this exception also applies when any of the parties claims under a nonprobate transfer. (3) Under existing law, if subsequent administration of an estate is necessary after the personal representative has been discharged either because other property is discovered, or disclosure is sought of a communication that is deemed privileged in the absence of a waiver by a personal representative, as specified, or because it becomes necessary or proper for any other cause, the court is required to appoint as personal representative the person entitled to appointment and to give notice of the hearing of the appointment to the person who served as personal representative at the time of the order of discharge and to other interested persons, as specified. Existing law requires the appointed personal representative to be a holder of the decedent's lawyer-client privilege, as specified. This bill would delete the requirement that the appointed personal representative be a holder of the decedent's lawyer-client privilege. The bill also would delete the requirement that the court perform these functions when subsequent administration of an estate is necessary after the personal representative has been discharged because disclosure is sought of a communication that is deemed privileged in the absence of a waiver by a personal representative.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 8, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 10:30 a.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 36. Noes 0. Page 1297.)

  6. Read second time. To Consent Calendar.

  7. From committee: Do pass. To Consent Calendar. (June 9).

  8. Referred to Com. on JUD.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1109.)

  11. Read second time. To Consent Calendar.

  12. From committee: Do pass. To Consent Calendar. (April 21).

  13. In committee: Hearing postponed by committee.

  14. Re-referred to Com. on JUD.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  16. Referred to Com. on JUD.

  17. Read first time.

  18. From printer. May be heard in committee March 30.

  19. Introduced. To print.

Sponsors

  • Tran · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Tran

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Consent Calendar 2nd AB1163 Tran

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34004
Democratic 2000
Republican 1000
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Ashburn — Yea
Benoit — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Not Voting
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Not Voting
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Not Voting
Aanestad — Yea
Alquist — Yea
Huff — Yea
Kehoe — Yea
Maldonado — Yea
Simitian — Yea
Walters — Yea
Cedillo — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1163 TRAN Consent Calendar Second Day Regular Session

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 5000
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Gaines — Yea
Anderson — Yea
Blakeslee — Yea
Davis — Yea
Duvall — Yea
Yamada — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Harkey — Not Voting
Huber — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Not Voting
Hill — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Furutani — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Monning — Yea
Brownley — Yea
Nielsen — Yea
Tran — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does AB 1163 do?
(1) Under existing law, a client of a lawyer has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and lawyer if the privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege by the holder, or the person who was the lawyer at the time of the confidential communication. However, the lawyer may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure. "Holder of the privilege" is defined for purposes of these provisions to include the client, a guardian or conservator of the client, the personal representative of the client if the client is dead, and a successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence. This bill would clarify that the personal representative of a client that is dead, and who is appointed for purposes of subsequent estate administration pursuant to the provisions described in (3) below, is a holder of the privilege. (2) Under existing law, there is no lawyer-client privilege as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction. This bill would clarify that this exception also applies when any of the parties claims under a nonprobate transfer. (3) Under existing law, if subsequent administration of an estate is necessary after the personal representative has been discharged either because other property is discovered, or disclosure is sought of a communication that is deemed privileged in the absence of a waiver by a personal representative, as specified, or because it becomes necessary or proper for any other cause, the court is required to appoint as personal representative the person entitled to appointment and to give notice of the hearing of the appointment to the person who served as personal representative at the time of the order of discharge and to other interested persons, as specified. Existing law requires the appointed personal representative to be a holder of the decedent's lawyer-client privilege, as specified. This bill would delete the requirement that the appointed personal representative be a holder of the decedent's lawyer-client privilege. The bill also would delete the requirement that the court perform these functions when subsequent administration of an estate is necessary after the personal representative has been discharged because disclosure is sought of a communication that is deemed privileged in the absence of a waiver by a personal representative.
Who sponsors AB 1163?
AB 1163 is sponsored by Tran.
What is the current status of AB 1163?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1163?
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