California 2009-2010 Regular Session Status: Enacted

AB 2284 — Jury trial: rules of court.

Last action — Chaptered by Secretary of State - Chapter 674, Statutes of 2010.

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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 18, 2010. 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 6 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

Existing law establishes the right to a trial by jury, and provides that a jury may be waived in a civil case only pursuant to specified manners. Under existing law, a jury trial consists of 12 persons, except that in civil actions and cases of misdemeanor, it may consist of 12 or any number less than 12, upon which the parties may agree. Existing law provides for the review of a judgment or order in a civil action or proceeding by appeal, and requires the Judicial Council to prescribe rules for the practice and procedure on appeal consistent with state law. Existing law requires the Judicial Council to provide by rule the practice and procedure for coordination of civil actions in convenient courts, including provision for giving notice and presenting evidence. Existing law authorizes the Judicial Council to promulgate rules governing pretrial conferences, and the time, manner, and nature thereof, in civil cases at issue, or in one or more classes thereof, in the superior courts. This bill would establish the Expedited Jury Trials Act that would be operative until January 1, 2016. The bill would establish procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply, including provisions for a jury of 8 or fewer members, with no alternates, a limit of 3 peremptory challenges for each side, and a limit of 3 hours for each side to present its case. This bill would also provide that all parties waive all rights to appeal and to move for a directed verdict or to make any post-trial motions, except as provided. The bill would provide that the verdict in an expedited jury trial is binding, subject to any written high/low agreement, as defined. The bill would require the Judicial Council, on or before January 1, 2011, to adopt additional rules and uniform procedures, as provided.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 674, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 11:45 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6525.)

  5. Assembly Rule 77 suspended. (Page 6463.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 31. Noes 0. Page 4710.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Ordered to third reading.

  11. From Special Consent Calendar pursuant to Joint Rule 22.2.

  12. Ordered to Special Consent Calendar.

  13. Read second time. To third reading.

  14. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 29).

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

  18. Referred to Com. on JUD.

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

  20. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 4820.)

  21. Read second time. To Consent Calendar.

  22. From committee: Do pass. To Consent Calendar. (April 14).

  23. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (March 23).

  24. Referred to Com. on JUD.

  25. From printer. May be heard in committee March 23.

  26. Read first time. To print.

Sponsors

  • Evans · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Evans

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

AB 2284 EVANS Concurrence in Senate Amendments

Passed 89 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 83001
Republican 3000
Total 89001
% of votes cast 99%0%0%1%
How each member voted (90)
Member Party Vote
Bill — Yea
Tom — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Perez — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
A. — Yea
John — Yea
Eng — Yea
Feuer — Yea
DeVore — Yea
Furutani — Not Voting
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2284 Evans By Corbett

Passed 32 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 29007
Democratic 2000
Republican 1000
Total 32007
% of votes cast 82%0%0%18%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cogdill — Not Voting
Florez — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Not Voting
Hollingsworth — Yea
Huff — Yea
Ducheny — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Kehoe — Yea
McLeod — Yea
Romero — Yea
Wiggins — Not Voting
Cedillo — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Not Voting
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 2284 EVANS Consent Calendar Second Day Regular Session

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hayashi — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Hill — Yea
Jeffries — Yea
Knight — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Huffman — Not Voting
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Bass — Yea
Block — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huber — Not Voting
Lieu — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa 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 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 1000
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Fuentes — Yea
Hall — Yea
Charles — Yea
Harkey — Yea
De — Yea
Leon — Yea
Nielsen — Yea
Norby — Not Voting
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Yea
Miller — Yea
Solorio — Yea
Torrico — Yea
Conway — Yea
Coto — Yea
Davis — Not Voting
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does AB 2284 do?
Existing law establishes the right to a trial by jury, and provides that a jury may be waived in a civil case only pursuant to specified manners. Under existing law, a jury trial consists of 12 persons, except that in civil actions and cases of misdemeanor, it may consist of 12 or any number less than 12, upon which the parties may agree. Existing law provides for the review of a judgment or order in a civil action or proceeding by appeal, and requires the Judicial Council to prescribe rules for the practice and procedure on appeal consistent with state law. Existing law requires the Judicial Council to provide by rule the practice and procedure for coordination of civil actions in convenient courts, including provision for giving notice and presenting evidence. Existing law authorizes the Judicial Council to promulgate rules governing pretrial conferences, and the time, manner, and nature thereof, in civil cases at issue, or in one or more classes thereof, in the superior courts. This bill would establish the Expedited Jury Trials Act that would be operative until January 1, 2016. The bill would establish procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply, including provisions for a jury of 8 or fewer members, with no alternates, a limit of 3 peremptory challenges for each side, and a limit of 3 hours for each side to present its case. This bill would also provide that all parties waive all rights to appeal and to move for a directed verdict or to make any post-trial motions, except as provided. The bill would provide that the verdict in an expedited jury trial is binding, subject to any written high/low agreement, as defined. The bill would require the Judicial Council, on or before January 1, 2011, to adopt additional rules and uniform procedures, as provided.
Who sponsors AB 2284?
AB 2284 is sponsored by Evans.
What is the current status of AB 2284?
This bill has been enacted into law. Introduced February 18, 2010. Enacted.
Where can I track AB 2284?
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