California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 644 — Civil procedure: pleadings.

Last action — Chaptered by Secretary of State - Chapter 273, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 14, 2017. Enacted.

Prognosis

Advancing 52% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

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

Existing law, until January 1, 2021, authorizes a party to amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before it is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. Existing law authorizes a party to amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. This bill, until January 1, 2021, would additionally authorize a party to amend its pleading without leave of the court any time before a motion to strike is filed, or after a motion to strike is heard, as specified. The bill would authorize a party to amend a pleading after the date for filing an opposition to the motion to strike, upon stipulation of the parties. The bill would make conforming changes. Existing law authorizes any party to serve and file a motion to strike a pleading within the time allowed to respond to that pleading. Existing law authorizes any party to move for judgment on the pleadings after the time to demur to a pleading has expired, and requires the grounds for the motion to appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. This bill, until January 1, 2021, would require a party, before filing a motion to strike or a motion for judgment on the pleadings, to meet and confer with the party who filed the pleading so that the parties can try to reach an agreement that resolves the objections or claims that would be raised in the motion to strike or motion for judgment on the pleadings. The bill would establish certain requirements, exceptions, and limits on the meet and confer process.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 273, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2350.).

  6. Ordered to special consent calendar.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (July 11).

  9. In committee: Set, first hearing. Hearing canceled at the request of author.

  10. Referred to Com. on JUD.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 1. Page 1301.)

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered returned to second reading.

  15. From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (April 18).

  16. Re-referred to Com. on JUD.

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

  18. Referred to Com. on JUD.

  19. From printer. May be heard in committee March 17.

  20. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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

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 AB 644 do?
Existing law, until January 1, 2021, authorizes a party to amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before it is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. Existing law authorizes a party to amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. This bill, until January 1, 2021, would additionally authorize a party to amend its pleading without leave of the court any time before a motion to strike is filed, or after a motion to strike is heard, as specified. The bill would authorize a party to amend a pleading after the date for filing an opposition to the motion to strike, upon stipulation of the parties. The bill would make conforming changes. Existing law authorizes any party to serve and file a motion to strike a pleading within the time allowed to respond to that pleading. Existing law authorizes any party to move for judgment on the pleadings after the time to demur to a pleading has expired, and requires the grounds for the motion to appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. This bill, until January 1, 2021, would require a party, before filing a motion to strike or a motion for judgment on the pleadings, to meet and confer with the party who filed the pleading so that the parties can try to reach an agreement that resolves the objections or claims that would be raised in the motion to strike or motion for judgment on the pleadings. The bill would establish certain requirements, exceptions, and limits on the meet and confer process.
Who sponsors AB 644?
AB 644 is sponsored by Berman, Marc (Democratic).
What is the current status of AB 644?
This bill has been enacted into law. Introduced February 14, 2017. Enacted.
Where can I track AB 644?
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