AB 3250 — Civil law: civil rights.

Summary

Existing law encompasses provisions pertaining to the civil law of the state, including laws concerning persons, property, and obligations, among other subjects. This bill would declare the intent of the Legislature to enact omnibus legislation relating to civil law. Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants. Existing law requires a legal document assistant or unlawful detainer assistant to be registered in the county in which his or her principal place of business is located and in which he or she maintains a branch office, and provide proof that the registrant has satisfied a specified bonding requirement. Existing law requires an applicant for renewal of registration as a legal document assistant or unlawful detainer assistant to complete 15 hours of continuing legal education courses that meet specified requirements relating to attorneys during the 2-year period preceding renewal. This bill would specify that a registrant is not required to complete legal ethics education as part of the required 15 hours of continuing legal education courses. The Ralph Civil Rights Act of 1976 provides, in part, that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, on account of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation. This bill would repeal the uncodified provision entitling the Ralph Civil Rights Act of 1976, and would instead include that title in the above-described provision. Under existing law, if a person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney, is authorized to bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the exercise or enjoyment of the right or rights secured. Existing law also authorizes an individual whose exercise or enjoyment of those rights has been interfered with, or attempted to be interfered with, as described, to institute and prosecute a civil action for damages, including, but not limited to, specified damages, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured. Existing law, in an uncodified provision of law, entitles the act that added these provisions as the Tom Bane Civil Rights Act. This bill would codify that title in the above-described statutory provisions. Existing law requires in specific proceedings, where a participant is hearing impaired, that the individual who is hearing impaired, as defined, be provided, upon request, with a functioning assistive listening system or a computer-aided transcription system, as prescribed. This bill would revise those provisions to replace the term "individual who is hearing impaired" to instead refer to an "individual who is deaf or hard of hearing." Existing law requires the court, before the entry of a judgment in a class action, to determine the total amount that will be payable to all class members, and to set a date when the parties are to report to the court the total amount that was actually paid to the class members. Existing law requires the court, after the report is received, to amend the judgment to direct the defendant to pay the sum of the unpaid residue or unclaimed or abandoned class member funds, plus interest on that sum at the legal rate of interest from the date of entry of the initial judgment, to specified entities. This bill would revise the interest provision to delete reference to the legal rate of interest or the date of entry of the initial judgment and refer, instead, to any interest that has accrued on the sum. Existing law, until July 1, 2019, establishes procedures for conducting mandatory expedited jury trials in limited civil cases. This bill would remove the repeal date on these provisions, thereby making the procedures operative indefinitely. Existing law relating to service of documents in civil actions authorizes proof of electronic service to be made by specified methods. This bill would replace certain references to filing with references to electronic service. Existing law requires applications for change of names to be made to the superior court of the county where the person whose name is proposed to be changed resides, except as specified, either by petition signed by the person or, if the person is under 18, by one of the person's parents, by any guardian of the person, or, under certain circumstances, by a near relative or friend. Existing law requires that petitions for the change of the name of a minor submitted by a guardian appointed by the juvenile court or the probate court be made in the appointing court. This bill would include among the persons authorized to make such a petition a court-appointed dependency attorney appointed as guardian ad litem pursuant to specified rules of court. The bill would authorize petitions for the change of name of a nonminor dependent to be made in the juvenile court. Existing law, commencing September 1, 2018, authorizes a change of gender in a court judgment to female, male, or nonbinary. Existing law establishes procedures to obtain a court order for a change of name to conform to the petitioner's gender identity and a court order to recognize a change in the petitioner's gender. Existing law provides a separate procedure for a person under 18 years of age to petition for a court judgment to recognize a change of gender to female, male, or nonbinary. Existing law, with regard to the conforming change of name, prescribes the making of an order to show cause with regard to the petition. Under existing law, objections based solely on concerns over the petitioner's actual gender identity do not constitute good cause. This bill would require, in the case of a conforming name change petition for a minor that does not include the signatures of both living parents, that the petition and the order to show cause be served as prescribed on the nonsigning parent within 30 days of the order. The bill would revise the objections provision in the conforming name change provisions so that objections based solely on concerns that the proposed change is not the petitioner's actual gender identity or gender assigned at birth would not constitute good cause. The bill would revise the 18-and-over and under-18 procedures for obtaining a court order to recognize a change in a petitioner's gender. Changes to the procedure for minors would include revised standards for hearing and for granting or denying the petition. The bill would require petitions for minors signed by a guardian appointed by the juvenile court or the probate court, or by a court-appointed dependency attorney appointed as guardian ad litem pursuant to specified rules of court to be made in the appointing court. The bill would authorize petitions to recognize a change of the gender of a nonminor dependent to be made in the juvenile court. The bill would establish specific additional provisions for petitions signed by a guardian. Existing law, the Insurance Rate Reduction and Reform Act, enacted by Proposition 103, as approved by the voters at the November 8, 1988, statewide general election, subjects the business of insurance to the laws of this state applicable to any other business, including, but not limited to, civil rights laws. This bill would make a nonsubstantive change to this provision by removing an incorrect title for the cross-referenced civil rights laws. This bill would incorporate additional changes to Section 54.8 of the Civil Code proposed by AB 2531 to be operative only if this bill and AB 2531 are enacted and this bill is enacted last.

Bill Text

• Chaptered 09/26/18 - Chaptered Current pdf September 26, 2018
• Enrolled 08/31/18 - Enrolled pdf August 31, 2018
• Amended 08/24/18 - Amended Senate pdf August 24, 2018
• Amended 06/25/18 - Amended Senate pdf June 25, 2018
• Amended 04/16/18 - Amended Assembly pdf April 16, 2018
• Introduced 02/27/18 - Introduced pdf February 27, 2018
• AB3250 View text html

Action History

1. September 26, 2018

   Chaptered by Secretary of State - Chapter 776, Statutes of 2018.

2. September 26, 2018

   Approved by the Governor.

3. September 07, 2018

   Enrolled and presented to the Governor at 2:30 p.m.

4. August 29, 2018

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 9. Page 6910.).

5. August 29, 2018

   Assembly Rule 77 suspended. (Page 6773.)

6. August 28, 2018

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

7. August 28, 2018

   Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 5907.).

8. August 27, 2018

   Read second time. Ordered to third reading.

9. August 24, 2018

   Read third time and amended. Ordered to second reading.

10. July 05, 2018

    Read second time. Ordered to third reading.

11. July 03, 2018

    From committee: Do pass. (Ayes 5. Noes 2.) (July 3).

12. June 25, 2018

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

13. June 11, 2018

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

14. May 10, 2018

    Referred to Com. on JUD.

15. April 30, 2018

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

16. April 30, 2018

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4941.)

17. April 25, 2018

    Read second time. Ordered to Consent Calendar.

18. April 24, 2018

    From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.) (April 24).

19. April 17, 2018

    Re-referred to Com. on JUD.

20. April 16, 2018

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

21. April 05, 2018

    Referred to Com. on JUD.

22. February 28, 2018

    From printer. May be heard in committee March 30.

23. February 27, 2018

    Read first time. To print.

Sponsors

• Committee on Judiciary · Primary

Votes

Subjects