California 2011-2012 Regular Session Status: Enacted

SB 384 — Civil actions.

Last action — Chaptered by Secretary of State. Chapter 419, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 15, 2011. 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 9 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) Existing law requires an attorney to provide a written advisory to a building owner or tenant with each demand for money or complaint for any construction-related accessibility claim, as specified. This bill would clarify that the requirement to provide the written advisory applies whether or not the attorney intends to file a complaint or eventually files a complaint in state or federal court, and would provide that a violation of this requirement may also subject the attorney to disciplinary action. (2) Existing law requires a $550 fee to be paid by each party to a civil action at the time of filing its first paper if the case is designated as a complex case or whenever the case is determined by the court to be a complex case. Existing law imposes a limitation of $10,000 on the total amount of fees collected from all plaintiffs, and the same limitation on the total amount of fees collected from all defendants, intervenors, respondents, and adverse parties appearing in a complex case. This bill would require the payment of a single complex case fee on behalf of all plaintiffs, as specified, and would make other conforming changes. The bill would provide that these changes are declaratory of existing law. (3) Existing law permits a party to move for summary adjudication of one or more causes of action, affirmative defenses, claims for damages, or issues of duty. The bill, until January 1, 2015, would additionally authorize a party to move for summary adjudication of a legal issue or claim for damages, other than punitive damages, that does not completely dispose of a cause of action, an affirmative defense, or an issue of duty, according to specified procedures.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 419, Statutes of 2011.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2463.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 3115.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 9. Noes 0.) (September 6).

  9. Joint Rule 62(a) file notice suspended. (Page 2885.)

  10. Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  11. Ordered to third reading.

  12. Read third time and amended. (Page 2769.)

  13. Ordered to third reading.

  14. From consent calendar.

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 6).

  17. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 14). Re-referred to Com. on APPR.

  18. Referred to Com. on JUD.

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

  20. Read third time. Passed. (Ayes 39. Noes 0. Page 1282.) Ordered to the Assembly.

  21. Ordered to special consent calendar.

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 9. Noes 0. Page 1116.) (May 26).

  24. Set for hearing May 26.

  25. Placed on APPR. suspense file.

  26. Set for hearing May 23.

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

  28. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 860.) (May 3).

  29. Set for hearing May 3.

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  31. Re-referred to Com. on JUD.

  32. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  33. Referred to Com. on RLS.

  34. From printer. May be acted upon on or after March 18.

  35. Introduced. Read first time. To Com. on RLS. for assignment. 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

Unfinished Supp 1 SB384 Evans Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 2000
Republican 0001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Runner — Yea
Liu — Yea
Walters — Yea
Wolk — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Evans — Yea
Corbett — Yea
Fuller — Yea
Correa — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Alquist — Yea
Anderson — Yea
Pavley — Yea
Steinberg — Yea
Wright — Yea
Blakeslee — Yea
Huff — Yea
Lieu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

SB 384 Evans Senate Third Reading By FEUER

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
John A. Pérez — Yea
Mitchell — Yea
Carter — Yea
Chesbro — Yea
Knight — Yea
Miller — Yea
Pan — Yea
Perea — Yea
Atkins — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Campos — Yea
Portantino — Yea
Gordon — Yea
Yamada — Yea
Allen — Yea
Hall — Yea
Bonilla — Yea
Harkey — Yea
Fong — Yea
Fletcher — Yea
Cedillo — Yea
Huffman — Yea
Logue — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Jeffries — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Not Voting
Smyth — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Atkins — Yea
Huber — Yea
Dickinson — Yea
Monning — Yea
Wagner — Yea
Huffman — Not Voting
Wieckowski — Yea
Feuer — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Wagner — Yea
Campos — Yea
Davis — Not Voting
Donnelly — Yea
Gatto — Yea
Hall — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Mitchell — Yea
Norby — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Solorio — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #4

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Hernandez — Yea
Lowenthal — Yea
Huff — Yea
Liu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Fuller — Yea
Cannella — Yea
Runner — Not Voting
Corbett — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Harman — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Vargas — Yea
Wolk — 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 Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Emmerson — Yea

Official roll call →

Subjects

civil-rights labor
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 SB 384 do?
(1) Existing law requires an attorney to provide a written advisory to a building owner or tenant with each demand for money or complaint for any construction-related accessibility claim, as specified. This bill would clarify that the requirement to provide the written advisory applies whether or not the attorney intends to file a complaint or eventually files a complaint in state or federal court, and would provide that a violation of this requirement may also subject the attorney to disciplinary action. (2) Existing law requires a $550 fee to be paid by each party to a civil action at the time of filing its first paper if the case is designated as a complex case or whenever the case is determined by the court to be a complex case. Existing law imposes a limitation of $10,000 on the total amount of fees collected from all plaintiffs, and the same limitation on the total amount of fees collected from all defendants, intervenors, respondents, and adverse parties appearing in a complex case. This bill would require the payment of a single complex case fee on behalf of all plaintiffs, as specified, and would make other conforming changes. The bill would provide that these changes are declaratory of existing law. (3) Existing law permits a party to move for summary adjudication of one or more causes of action, affirmative defenses, claims for damages, or issues of duty. The bill, until January 1, 2015, would additionally authorize a party to move for summary adjudication of a legal issue or claim for damages, other than punitive damages, that does not completely dispose of a cause of action, an affirmative defense, or an issue of duty, according to specified procedures.
Who sponsors SB 384?
SB 384 is sponsored by Evans.
What is the current status of SB 384?
This bill has been enacted into law. Introduced February 15, 2011. Enacted.
Where can I track SB 384?
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