California 2013-2014 Regular Session Status: To Executive

SB 156 — Conservatorships and guardianships: attorney's fees.

Last action — Consideration of Governor's veto stricken from file.

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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 2013-2014 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides for the administration of guardianships and conservatorships. Existing law authorizes a guardian or conservator of an estate to petition the court for an order allowing compensation to the guardian, conservator, or attorney for the guardian or conservator, as specified. Existing law prohibits the guardian or conservator from being compensated from the estate for any costs or fees that he or she incurred in unsuccessfully opposing a petition, or other request or action, made by or on behalf of the ward or conservatee, unless the court determines that the opposition was made in good faith, based on the best interests of the ward or conservatee. This bill would instead prohibit the guardian or conservator from being compensated from the estate for any costs or fees, including attorney's fees, incurred in defending the compensation in the petition, if the court reduces or denies the compensation requested in the petition.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 4 p.m.

  5. Assembly amendments concurred in. (Ayes 26. Noes 12. Page 2035.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 55. Noes 22. Page 2716.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended. (Page 2607.)

  10. Ordered to third reading.

  11. Action rescinded whereby the bill was read third time, passed, and ordered to the Senate.

  12. In Assembly. Held at Desk.

  13. Ordered to the Assembly.

  14. In Senate. Concurrence in Assembly amendments pending.

  15. Read third time. Passed. (Ayes 78. Noes 0. Page 2201.) Ordered to the Senate.

  16. Read second time. Ordered to third reading.

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

  18. From committee: Do pass as amended. (Ayes 9. Noes 0.) (June 18).

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

  20. Hearing postponed by committee.

  21. Referred to Com. on JUD.

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

  23. Read third time. Passed. (Ayes 37. Noes 0. Page 710.) Ordered to the Assembly.

  24. Read second time. Ordered to third reading.

  25. From committee: Do pass. (Ayes 7. Noes 0. Page 662.) (April 23).

  26. Set for hearing April 23.

  27. Re-referred to Com. on JUD.

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

  29. Referred to Com. on RLS.

  30. From printer. May be acted upon on or after March 3.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Beall

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 Business

Passed 26 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231201
Democratic 3000
Total 261201
% of votes cast 67%31%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Huff — Nay
Lieu — Yea
Monning — Yea
Nielsen — Nay
Steinberg — Yea
Wolk — Not Voting
Wright — Yea
Yee — Yea
Hueso — Yea
Knight — Nay
Corbett — Yea
Pavley — Yea
Roth — Yea
Emmerson — Nay
Fuller — Nay
Vidak — Nay
Walters — Nay
Cannella — Nay
Evans — Yea
Correa — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Torres — Yea
De León — Yea
DeSaulnier — Yea
Wyland — Nay
Galgiani — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 55 Yea · 22 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 511901
Democratic 4000
Republican 0300
Total 552201
% of votes cast 71%28%0%1%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Yea
Maienschein — Nay
Mansoor — Nay
Perea — Yea
Wagner — Nay
Weber — Yea
Conway — Nay
Campos — Yea
Gomez — Yea
Gordon — Yea
Lowenthal — Yea
Hall — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Holden — Yea
Fong — Yea
Mitchell — Yea
Cooley — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Logue — Yea
Medina — Yea
Ammiano — Yea
Daly — Yea
Eggman — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Wieckowski — Yea
Williams — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Allen — Nay
Fox — Not Voting
Gorell — Nay
Chau — Yea
Chesbro — Yea
Chávez — Nay
Hagman — Nay
Harkey — Nay
Bigelow — Nay
Donnelly — Nay
Morrell — Nay
Nestande — Nay
Olsen — Nay
Rendon — Yea
Ting — Yea
Waldron — Nay
Wilk — Nay
Dickinson — Yea
Frazier — Yea
Gatto — Nay
Yamada — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 67001
Democratic 7000
Republican 4000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Mullin — Yea
Quirk — Yea
Rendon — Yea
Wieckowski — Yea
Frazier — Yea
Gorell — Yea
Campos — Yea
Stone — Yea
Nazarian — Yea
Olsen — Yea
Alejo — Yea
Daly — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Bonilla — Yea
Gonzalez — Yea
Hagman — Yea
Hall — Yea
Gray — Yea
Harkey — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Lowenthal — Yea
Atkins — Yea
Logue — Yea
Medina — Yea
Melendez — Yea
Morrell — Yea
Nestande — Yea
Pan — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Not Voting
Eggman — Yea
Perea — Yea
Skinner — Yea
Waldron — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Gordon — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 2000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Wagner — Yea
Gorell — Not Voting
Maienschein — Yea
Chau — Yea
Stone — Yea
Alejo — Yea
Wieckowski — Yea
Dickinson — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

3rd Reading

Passed 37 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 3000
Total 37001
% of votes cast 97%0%0%3%
How each member voted (38)
Member Party Vote
Block — Yea
Hernandez — Yea
Hueso — Yea
Knight — Yea
Lieu — Yea
Price — Yea
Roth — Yea
Wright — Yea
Evans — Yea
De León — Yea
Fuller — Yea
Cannella — Yea
Galgiani — Yea
Hancock — Yea
Corbett — Yea
Hill — Yea
Correa — Yea
Anderson — Yea
Beall — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Not Voting
Monning — Yea
Nielsen — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Emmerson — Yea
Wyland — Yea
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Walters — Yea
Evans — Yea
Corbett — Yea
Leno — Yea
Monning — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 156 do?
Existing law provides for the administration of guardianships and conservatorships. Existing law authorizes a guardian or conservator of an estate to petition the court for an order allowing compensation to the guardian, conservator, or attorney for the guardian or conservator, as specified. Existing law prohibits the guardian or conservator from being compensated from the estate for any costs or fees that he or she incurred in unsuccessfully opposing a petition, or other request or action, made by or on behalf of the ward or conservatee, unless the court determines that the opposition was made in good faith, based on the best interests of the ward or conservatee. This bill would instead prohibit the guardian or conservator from being compensated from the estate for any costs or fees, including attorney's fees, incurred in defending the compensation in the petition, if the court reduces or denies the compensation requested in the petition.
Who sponsors SB 156?
SB 156 is sponsored by Vince Fong and Beall.
What is the current status of SB 156?
This bill died with 2013-2014 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 156?
Track SB 156 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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