California 2017-2018 Regular Session Status: Passed Senate

SB 632 — Civil discovery: depositions.

Last action — Ordered to inactive file on request of Assembly Member Calderon.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Under existing law, a deposition examination of the witness by all counsel, other than the witness' counsel of record, is generally limited to 7 hours of total testimony. Existing law provides an exception to the 7-hour limitation for depositions taken in cases designated as complex. In such cases, the deposition examination of a witness by all counsel other than the witness' counsel of record is limited to 2 days of no more than 7 hours of total testimony each day, or 14 hours of total testimony, unless a licensed physician attests that the deponent suffers from an illness or condition that raises substantial medical doubt of the deponent's survival beyond 6 months. This bill would require that, in any civil action for injury or illness that results in mesothelioma, a deposition examination of the witness by counsel other than the witness' counsel of record be limited to 7 hours of total testimony if a licensed physician attests in a declaration that the deponent suffers from mesothelioma, raising substantial medical doubt of the survival of the deponent beyond 6 months. A party would be authorized by this bill to seek up to 7 hours of additional deposition testimony for no more than 14 hours of total testimony. The bill would authorize a court to grant an extension beyond 7 hours if the court finds that an extension is in the interest of fairness, and determines that the health of the deponent does not appear to be endangered by the grant of additional time.

Bill Text

Action History

  1. Ordered to inactive file on request of Assembly Member Calderon.

  2. Ordered to third reading.

  3. Read third time and amended.

  4. Ordered to third reading.

  5. Read third time and amended.

  6. Read second time. Ordered to third reading.

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

  8. From committee: Do pass as amended. (Ayes 8. Noes 1.) (June 20).

  9. June 13 set for first hearing canceled at the request of author.

  10. Referred to Com. on JUD.

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

  12. Read third time. Passed. (Ayes 29. Noes 9. Page 989.) Ordered to the Assembly.

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 5. Noes 1. Page 945.) (May 2).

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

  16. Set for hearing May 2.

  17. Referred to Com. on JUD.

  18. From printer. May be acted upon on or after March 23.

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

Sponsors

  • Monning · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Monning

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

3rd Reading

Passed 29 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 25802
Democratic 4100
Total 29902
% of votes cast 73%23%0%5%
How each member voted (40)
Member Party Vote
Bradford — Yea
Hertzberg — Yea
Hueso — Yea
Roth — Yea
Skinner — Yea
Glazer — Yea
Galgiani — Yea
Beall — Yea
Cannella — Yea
Hernandez — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hill — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Newman — Yea
Pan — Yea
Vidak — Yea
Wieckowski — Yea
Fuller — Nay
Lara — Not Voting
Anderson — Nay
Bates — Not Voting
Dodd — Yea
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3101
Democratic 2000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Anderson — Nay
Hertzberg — Not Voting
Monning — Yea
Moorlach — Yea
Wieckowski — Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic 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 SB 632 do?
Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Under existing law, a deposition examination of the witness by all counsel, other than the witness' counsel of record, is generally limited to 7 hours of total testimony. Existing law provides an exception to the 7-hour limitation for depositions taken in cases designated as complex. In such cases, the deposition examination of a witness by all counsel other than the witness' counsel of record is limited to 2 days of no more than 7 hours of total testimony each day, or 14 hours of total testimony, unless a licensed physician attests that the deponent suffers from an illness or condition that raises substantial medical doubt of the deponent's survival beyond 6 months. This bill would require that, in any civil action for injury or illness that results in mesothelioma, a deposition examination of the witness by counsel other than the witness' counsel of record be limited to 7 hours of total testimony if a licensed physician attests in a declaration that the deponent suffers from mesothelioma, raising substantial medical doubt of the survival of the deponent beyond 6 months. A party would be authorized by this bill to seek up to 7 hours of additional deposition testimony for no more than 14 hours of total testimony. The bill would authorize a court to grant an extension beyond 7 hours if the court finds that an extension is in the interest of fairness, and determines that the health of the deponent does not appear to be endangered by the grant of additional time.
Who sponsors SB 632?
SB 632 is sponsored by Monning.
What is the current status of SB 632?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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 632?
Track SB 632 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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