California 2009-2010 Regular Session Status: To Executive

SB 786 — Civil procedure: attorney's fees and costs.

Last action — Chaptered by Secretary of State. Chapter 65, Statutes of 2009.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law subjects to a special motion to strike a cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. Existing law entitles a prevailing defendant on that special motion to strike to recover his or her attorney's fees and costs. This bill would prohibit that prevailing defendant from recovering attorney's fees and costs in the following actions: whenever it is made to appear by verified petition that certain public records are improperly being withheld from a member of the public, specified actions involving meeting provisions of the legislative body of a local agency or a state body, or an action to obtain a judicial determination that an action taken by a legislative body of a local agency or a state body is null and void, as specified. The bill would specify that nothing in that provision shall be construed to prevent a prevailing defendant from recovering attorney's fees and costs pursuant to specified provisions that allow a defendant to recover reasonable attorney's fees and costs in certain circumstances, such as when the court finds that the action is clearly frivolous.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 65, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:30 a.m.

  4. In Senate. To enrollment.

  5. Read third time. Passed. (Ayes 66. Noes 2. Page 2479.) To Senate.

  6. Read second time. To third reading.

  7. (Heard in committee on June 23.)

  8. From committee: Do pass. (Ayes 9. Noes 1.)

  9. To Com. on JUD.

  10. In Assembly. Read first time. Held at Desk.

  11. Read third time. Passed. (Ayes 34. Noes 0. Page 1038.) To Assembly.

  12. Read second time. Amended. To third reading.

  13. From committee: Do pass as amended. (Ayes 5. Noes 0. Page 875.)

  14. Set for hearing May 12.

  15. Re-referred to Com. on JUD.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  17. To Com. on RLS.

  18. Read first time.

  19. From print. May be acted upon on or after March 30.

  20. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Yee · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Yee

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

SB 786 Yee Senate Third Reading By EVANS

Passed 78 Yea · 2 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 732010
Democratic 2001
Republican 3000
Total 782011
% of votes cast 86%2%0%12%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Gilmore — Yea
Hagman — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Ammiano — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Huffman — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Fletcher — Not Voting
Chesbro — Not Voting
Harkey — Nay
Jeffries — Not Voting
Knight — Nay
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Bass — Yea
Duvall — Not Voting
Torrico — Yea
Tran — Yea
Villines — Not Voting
Adams — Yea
Anderson — Not Voting
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Krekorian — Yea
Ma — Yea
Miller — Not Voting
Nava — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Torres — Not Voting
Emmerson — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Not Voting
Beth Gaines — Not Voting
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.

Passed 9 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8100
Republican 1000
Total 9100
% of votes cast 90%10%0%0%
How each member voted (10)
Member Party Vote
Evans — Yea
Feuer — Yea
Knight — Nay
Krekorian — Yea
Monning — Yea
Silva — Yea
Tran — Yea
Brownley — Yea
Lieu — Yea
Jones, Brian W. Republican Yea

Official roll call →

Senate 3rd Reading SB786 Yee

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 2001
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Harman — Not Voting
Huff — Yea
Kehoe — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Ashburn — Yea
Benoit — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Not Voting
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Leno — Yea
Maldonado — Yea
Wright — Not Voting
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Corbett — Yea
Harman — Yea
Leno — Yea
Walters — Yea
Florez — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 786 do?
Existing law subjects to a special motion to strike a cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. Existing law entitles a prevailing defendant on that special motion to strike to recover his or her attorney's fees and costs. This bill would prohibit that prevailing defendant from recovering attorney's fees and costs in the following actions: whenever it is made to appear by verified petition that certain public records are improperly being withheld from a member of the public, specified actions involving meeting provisions of the legislative body of a local agency or a state body, or an action to obtain a judicial determination that an action taken by a legislative body of a local agency or a state body is null and void, as specified. The bill would specify that nothing in that provision shall be construed to prevent a prevailing defendant from recovering attorney's fees and costs pursuant to specified provisions that allow a defendant to recover reasonable attorney's fees and costs in certain circumstances, such as when the court finds that the action is clearly frivolous.
Who sponsors SB 786?
SB 786 is sponsored by Yee.
What is the current status of SB 786?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 786?
Track SB 786 free on One Click Politics — get push/email alerts when it moves.

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