AB 1796 — Civil actions: intervention.
Last action — In committee: Set, final hearing. Hearing canceled at the request of author.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Under existing law, any person who has an interest in a matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. Existing law provides that a third person may become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, uniting with the defendant in resisting the claims of the plaintiff, or demanding anything adversely to both the plaintiff and the defendant, by filing a complaint setting forth the grounds upon which the intervention rests, as specified. This bill would require that a person seeking to intervene in an action or proceeding, deemed the intervenor, petition the court for leave to intervene by noticed motion or ex parte application setting forth the grounds upon which the intervention rests, and would require the intervenor to include a copy of the proposed complaint in intervention or answer in intervention with the petition. The bill would also require the intervenor to serve the order, or notice of the court's decision or order, granting leave to intervene and the pleadings in intervention on all other parties in the action or proceeding, as specified. The bill would also recast some provisions of existing law and make conforming changes to other provisions of law.
Bill Text
- Amended 06/20/16 - Amended Senate Current pdf June 20, 2016
- Amended 03/14/16 - Amended Assembly pdf March 14, 2016
- Introduced 02/04/16 - Introduced pdf February 04, 2016
- AB1796 View text html
Action History
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In committee: Set, final hearing. Hearing canceled at the request of author.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
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In committee: Set, second hearing. Hearing canceled at the request of author.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 3979.)
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Read second time. Ordered to Consent Calendar.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 9. Noes 0.) (March 8).
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Referred to Com. on JUD.
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From printer. May be heard in committee March 6.
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Read first time. To print.
Sponsors
- Wagner · Cosponsor
- Wilk · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Wilk
Co-sponsors (1)
- Wagner
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 57 | 0 | 0 | 13 |
| Democratic | 3 | 0 | 0 | 1 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 65 | 0 | 0 | 14 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Baker | — | Yea |
| Bloom | — | Not Voting |
| Brough | — | Yea |
| Brown | — | Yea |
| Kim | — | Yea |
| Maienschein | — | Yea |
| Mathis | — | Yea |
| Mullin | — | Yea |
| Rodriguez | — | Yea |
| Wagner | — | Yea |
| Eggman | — | Yea |
| Gatto | — | Yea |
| Burke | — | Yea |
| Campos | — | Yea |
| Bonilla | — | Yea |
| Harper | — | Yea |
| Gray | — | Yea |
| Jones-Sawyer | — | Yea |
| Lopez | — | Yea |
| Mayes | — | Yea |
| McCarty | — | Yea |
| Alejo | — | Yea |
| Chang | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| Melendez | — | Yea |
| Nazarian | — | Yea |
| Obernolte | — | Yea |
| Olsen | — | Yea |
| Rendon | — | Yea |
| Ridley-Thomas | — | Yea |
| Thurmond | — | Yea |
| Waldron | — | Yea |
| Weber | — | Yea |
| Wilk | — | Yea |
| Gomez | — | Not Voting |
| Gordon | — | Yea |
| Hadley | — | Yea |
| Salas | — | Not Voting |
| Atkins | — | Not Voting |
| Chau | — | Yea |
| Chiu | — | Not Voting |
| Chu | — | Yea |
| Holden | — | Not Voting |
| Bigelow | — | Not Voting |
| Cooper | — | Not Voting |
| Dababneh | — | Not Voting |
| Levine | — | Yea |
| Linder | — | Yea |
| Low | — | Not Voting |
| Medina | — | Not Voting |
| O'Donnell | — | Not Voting |
| Quirk | — | Yea |
| Santiago | — | Yea |
| Steinorth | — | Yea |
| Ting | — | Yea |
| Williams | — | Yea |
| Wood | — | Not Voting |
| Frazier | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Lorena Gonzalez | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Yea |
| Bonta, Mia | Democratic | Not Voting |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 1 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Alejo | — | Yea |
| Maienschein | — | Yea |
| Chiu | — | Not Voting |
| Chau | — | Yea |
| Holden | — | Yea |
| O'Donnell | — | Yea |
| Wagner | — | Yea |
| Cristina Garcia | — | Yea |
| Mark Stone | — | Yea |
| Gallagher, James | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 1796 do?
- Under existing law, any person who has an interest in a matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. Existing law provides that a third person may become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, uniting with the defendant in resisting the claims of the plaintiff, or demanding anything adversely to both the plaintiff and the defendant, by filing a complaint setting forth the grounds upon which the intervention rests, as specified. This bill would require that a person seeking to intervene in an action or proceeding, deemed the intervenor, petition the court for leave to intervene by noticed motion or ex parte application setting forth the grounds upon which the intervention rests, and would require the intervenor to include a copy of the proposed complaint in intervention or answer in intervention with the petition. The bill would also require the intervenor to serve the order, or notice of the court's decision or order, granting leave to intervene and the pleadings in intervention on all other parties in the action or proceeding, as specified. The bill would also recast some provisions of existing law and make conforming changes to other provisions of law.
- Who sponsors AB 1796?
- AB 1796 is sponsored by Wagner and Wilk.
- What is the current status of AB 1796?
- This bill died with 2015-2016 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 1796?
- Track AB 1796 free on One Click Politics — get push/email alerts when it moves.
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