California 2011-2012 Regular Session Status: Enacted

AB 2106 — Civil procedure: motion to set aside and vacate a judgment and motion for a new trial.

Last action — Chaptered by Secretary of State - Chapter 83, Statutes of 2012.

  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 23, 2012. 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 requires the party intending to move for a new trial to file a notice of intention to move for a new trial, as specified, either before the entry of judgment or within 15 days of the date of mailing notice of entry of judgment by the clerk of the court or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. This bill would require that, when filing the motion before the entry of judgment, the filing be done after the decision is rendered. The bill would also make technical, nonsubstantive changes. Existing law establishes procedures by which a party to a court action may make a motion to set aside and vacate a judgment. Under existing law, a party intending to make such a motion is required to file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made and specifying the particulars, as described, either before the entry of judgment or within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court, or service by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. This bill would specify that the power of the court to rule on a motion to set aside and vacate a judgment shall expire 60 days from the mailing of notice of entry of judgment by the clerk of the court or 60 days after service upon the moving party by any party of written notice of entry of the judgment, whichever is earlier, or if that notice has not been given, then 60 days after filing of the first notice of intention to move to set aside and vacate the judgment. The bill would also specify that if that motion is not determined with the 60-day period, or within that period, as extended, the effect shall be a denial of the motion without further order of the court. The bill would further specify that a motion to set aside and vacate a judgment is not determined until a order ruling on the motion is either entered in the permanent minutes of the court or signed by the judge and filed with the clerk.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 83, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 5416.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 23 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4027.).

  7. Read second time and amended. Ordered to consent calendar.

  8. From committee: Do pass as amended. To consent calendar. (Ayes 4. Noes 0.) (June 12).

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

  10. Referred to Com. on JUD.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 4677.)

  13. Read second time. Ordered to consent calendar.

  14. Read second time and amended. Ordered to second reading.

  15. From committee: Do pass as amended. To consent calendar. (Ayes 10. Noes 0.) (April 24).

  16. In committee: Hearing postponed by committee.

  17. Referred to Com. on JUD.

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

  19. Read first time. To print.

Sponsors

  • Wagner · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Wagner

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 2106 WAGNER Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Republican 2000
Democratic 0001
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Yea
Hall — Yea
Yamada — Yea
Butler — Yea
Campos — Yea
Feuer — Yea
Garrick — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Yea
Atkins — Yea
Hayashi — Yea
Carter — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Cedillo — Yea
Portantino — Yea
Jeffries — Yea
Chesbro — Yea
Allen — Yea
Logue — Yea
Ammiano — Yea
Conway — Yea
Cook — Yea
Donnelly — Yea
Mendoza — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Gorell — Yea
Beall — Yea
Lara — Yea
Miller — Not Voting
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huffman — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Consent Calendar 2nd

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 1001
Republican 0001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
Kehoe — Yea
Lieu — Yea
Liu — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Negrete McLeod — Yea
Rubio — Yea
Fuller — Yea
Runner — Not Voting
De León — Not Voting
Cannella — Yea
Blakeslee — Not Voting
Corbett — Yea
Dutton — Yea
Vargas — Yea
Alquist — Yea
Anderson — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Leno — Yea
Pavley — Yea
Price — Yea
Walters — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended. To Consent Calendar.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Evans — Yea
Harman — Yea
Blakeslee — Not Voting
Leno — Yea
Corbett — Yea

Official roll call →

AB 2106 WAGNER Consent Calendar Second Day

Passed 72 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 70007
Republican 1001
Democratic 1000
Total 72008
% of votes cast 90%0%0%10%
How each member voted (80)
Member Party Vote
Gorell — Yea
Hagman — Yea
Feuer — Yea
Butler — Yea
Cedillo — Yea
Hill — Yea
Huber — Yea
Fong — Yea
Allen — Yea
Alejo — Yea
Cook — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Yea
Gordon — Yea
Atkins — Yea
Halderman — Yea
Hall — Not Voting
Fletcher — Not Voting
Bonilla — Not Voting
Harkey — Yea
Beall — Yea
Chesbro — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Smyth — Not Voting
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Not Voting
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Logue — Yea
Mansoor — Yea
Miller — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Torres — Yea
Wagner — Yea
Carter — Yea
Conway — Yea
Eng — Yea
Furutani — Not Voting
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended, 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
Gorell — Yea
Atkins — Yea
Wieckowski — Yea
Alejo — Yea
Huber — Yea
Monning — Yea
Wagner — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2106 do?
Existing law requires the party intending to move for a new trial to file a notice of intention to move for a new trial, as specified, either before the entry of judgment or within 15 days of the date of mailing notice of entry of judgment by the clerk of the court or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. This bill would require that, when filing the motion before the entry of judgment, the filing be done after the decision is rendered. The bill would also make technical, nonsubstantive changes. Existing law establishes procedures by which a party to a court action may make a motion to set aside and vacate a judgment. Under existing law, a party intending to make such a motion is required to file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made and specifying the particulars, as described, either before the entry of judgment or within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court, or service by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. This bill would specify that the power of the court to rule on a motion to set aside and vacate a judgment shall expire 60 days from the mailing of notice of entry of judgment by the clerk of the court or 60 days after service upon the moving party by any party of written notice of entry of the judgment, whichever is earlier, or if that notice has not been given, then 60 days after filing of the first notice of intention to move to set aside and vacate the judgment. The bill would also specify that if that motion is not determined with the 60-day period, or within that period, as extended, the effect shall be a denial of the motion without further order of the court. The bill would further specify that a motion to set aside and vacate a judgment is not determined until a order ruling on the motion is either entered in the permanent minutes of the court or signed by the judge and filed with the clerk.
Who sponsors AB 2106?
AB 2106 is sponsored by Wagner.
What is the current status of AB 2106?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 2106?
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