California 2009-2010 Regular Session Status: Enacted

AB 1894 — Judges: disqualification.

Last action — Chaptered by Secretary of State - Chapter 131, 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 16, 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 5 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 authorizes a party or attorney in an action or proceeding to move to disqualify a judge, court commissioner, or referee for prejudice against a party or attorney or the interest of a party or attorney, as specified. Prejudice may be established by an oral or written motion without notice supported by affidavit or declaration under penalty of perjury, or an oral statement under oath, that the judge, court commissioner, or referee is prejudiced against a party or attorney, or the interest of the party or attorney, so that the party or attorney cannot, or believes that he or she cannot, have a fair and impartial trial or hearing. Existing law specifies the period during which the motion is required to be made for specified trials and hearings, including, for the trial of a cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 10 days after notice of the all purpose assignment, or if the party has not yet appeared in the action, then within 10 days after the appearance. This bill would extend the time period for making the motion in the trial of a civil cause that has been assigned to a judge for all purposes from the 10-day period described above to a 15-day period. The bill would require a party to a civil action making a motion pursuant to these provisions to serve notice on all parties no later than 5 days after making the motion. The bill would make other technical and conforming changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 131, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:15 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 5992.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 8 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4199.)

  7. Read second time. To Consent Calendar.

  8. From committee: Do pass. To Consent Calendar. (June 22).

  9. (Corrected June 14.)

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

  11. Referred to Com. on JUD.

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

  13. Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 4791.)

  14. Read third time, amended, and returned to third reading. (Page 4685.).

  15. Read second time. To third reading.

  16. Read second time and amended. Ordered returned to second reading.

  17. From committee: Amend, and do pass as amended. To Consent Calendar. (April 6).

  18. Referred to Com. on JUD.

  19. From printer. May be heard in committee March 19.

  20. Read first time. To print.

Sponsors

  • Monning · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Monning

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 1894 MONNING Concurrence in Senate Amendments

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
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Saldana — Not Voting
Evans — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Not Voting
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hernandez — Yea
Huffman — Yea
Knight — Not Voting
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Eng — Yea
Davis — Not Voting
DeVore — Yea
Furutani — Yea
Gatto — 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 →

Consent Calendar 2nd AB1894 Monning

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2000
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Ducheny — Yea
Florez — Yea
Hancock — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Huff — Yea
Runner — Not Voting
Dutton — Yea
Kehoe — Yea
Leno — Yea
Alquist — Yea
Liu — Yea
McLeod — Yea
Romero — Yea
Walters — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wyland — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1894 MONNING Assembly Third Reading

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 1002
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Bill — Yea
Tom — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Eng — Yea
Evans — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fuentes — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Fuller — Yea
Charles — Not Voting
Conway — Yea
Cook — Yea
Blumenfield — Not Voting
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Yea
Knight — Not Voting
Lieu — Yea
Mendoza — Yea
Miller — Not Voting
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huffman — Not Voting
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 8001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Evans — Yea
Hagman — Yea
Harkey — Yea
Knight — Not Voting
Monning — Yea
Nava — Yea
Brownley — Yea
Huffman — Yea
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1894 do?
Existing law authorizes a party or attorney in an action or proceeding to move to disqualify a judge, court commissioner, or referee for prejudice against a party or attorney or the interest of a party or attorney, as specified. Prejudice may be established by an oral or written motion without notice supported by affidavit or declaration under penalty of perjury, or an oral statement under oath, that the judge, court commissioner, or referee is prejudiced against a party or attorney, or the interest of the party or attorney, so that the party or attorney cannot, or believes that he or she cannot, have a fair and impartial trial or hearing. Existing law specifies the period during which the motion is required to be made for specified trials and hearings, including, for the trial of a cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 10 days after notice of the all purpose assignment, or if the party has not yet appeared in the action, then within 10 days after the appearance. This bill would extend the time period for making the motion in the trial of a civil cause that has been assigned to a judge for all purposes from the 10-day period described above to a 15-day period. The bill would require a party to a civil action making a motion pursuant to these provisions to serve notice on all parties no later than 5 days after making the motion. The bill would make other technical and conforming changes.
Who sponsors AB 1894?
AB 1894 is sponsored by Monning.
What is the current status of AB 1894?
This bill has been enacted into law. Introduced February 16, 2010. Enacted.
Where can I track AB 1894?
Track AB 1894 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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