California 2011-2012 Regular Session Status: Passed Assembly

AB 1893 — Probate proceedings: rules of practice.

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

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides that except to the extent that the Probate Code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and other proceedings, as specified, apply to, and constitute the rules of practice in, proceedings under that code. Existing law provides that all issues of fact joined in probate proceedings shall be tried in conformity with the rules of practice in civil actions. Existing law also requires that an affidavit or verified petition be received as evidence when offered in an uncontested proceeding under the Probate Code. This bill would recast those provisions to provide more specificity for applicable rules for probate proceedings. This bill would also require that an affidavit or verified petition be received as evidence when offered in accordance with specified provisions.

Bill Text

Action History

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

  2. Referred to Com. on JUD.

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

  4. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 4789.)

  5. Read second time. Ordered to consent calendar.

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

  7. From committee: Do pass as amended. To consent calendar. (Ayes 10. Noes 0.) (May 1).

  8. Referred to Com. on JUD.

  9. From printer. May be heard in committee March 24.

  10. Read first time. To print.

Sponsors

  • Wagner · Primary

Sponsorship breakdown

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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 1893 WAGNER Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 70007
Republican 2000
Democratic 1000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Butler — Yea
Feuer — Yea
Hill — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Alejo — Yea
Williams — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Not Voting
Garrick — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Gorell — Yea
Campos — Yea
Halderman — Yea
Bonilla — Yea
Atkins — Yea
Hall — Yea
Hayashi — Yea
Fletcher — Not Voting
Huber — Yea
Huffman — Yea
Jeffries — Not Voting
Knight — Yea
Ammiano — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Cook — Not Voting
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Not Voting
Olsen — Not Voting
Perea — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Eng — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

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
Gorell — Yea
Atkins — Yea
Chesbro — Yea
Monning — Yea
Wagner — Yea
Wieckowski — Yea
Huber — Yea
Feuer — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does AB 1893 do?
Existing law provides that except to the extent that the Probate Code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and other proceedings, as specified, apply to, and constitute the rules of practice in, proceedings under that code. Existing law provides that all issues of fact joined in probate proceedings shall be tried in conformity with the rules of practice in civil actions. Existing law also requires that an affidavit or verified petition be received as evidence when offered in an uncontested proceeding under the Probate Code. This bill would recast those provisions to provide more specificity for applicable rules for probate proceedings. This bill would also require that an affidavit or verified petition be received as evidence when offered in accordance with specified provisions.
Who sponsors AB 1893?
AB 1893 is sponsored by Wagner.
What is the current status of AB 1893?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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 AB 1893?
Track AB 1893 free on One Click Politics — get push/email alerts when it moves.

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