California 2017-2018 Regular Session Status: In Committee 1 R cosponsors

AB 439 — Estates and trusts: property claims.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2017-2018 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 determination by petition filed in a court of claims brought to determine ownership of real or personal property claimed by an estate, a ward or conservatee, or a trustee, as specified. Existing law authorizes a person having or claiming title or an interest in the property which is the subject of the petition to object that the court in which the petition is filed is not the proper court under any other provision of law for the trial of a civil action seeking the same relief. Existing law prohibits a court from granting a petition if that objection is established. Existing law prohibits a court from granting a petition if the court determines that the matter should be determined by a civil action. This bill would additionally authorize a petitioner to file a petition described above in the county where the property that is the subject of the petition is located, or in the county where the day-to-day administration of the trust in possession of, holding title to, or claiming an interest in the property takes place, and would clarify that a petition may be filed in a court which would be proper court under any other provision of law for the trial of a civil action seeking the same relief. The bill would authorize a person to object to a petition on the ground that the petition was not filed in one of those courts.

Bill Text

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Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. Referred to Com. on JUD.

  4. From printer. May be heard in committee March 16.

  5. 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.

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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

Subjects

civil-rights
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Frequently asked questions

What does AB 439 do?
Existing law provides for the determination by petition filed in a court of claims brought to determine ownership of real or personal property claimed by an estate, a ward or conservatee, or a trustee, as specified. Existing law authorizes a person having or claiming title or an interest in the property which is the subject of the petition to object that the court in which the petition is filed is not the proper court under any other provision of law for the trial of a civil action seeking the same relief. Existing law prohibits a court from granting a petition if that objection is established. Existing law prohibits a court from granting a petition if the court determines that the matter should be determined by a civil action. This bill would additionally authorize a petitioner to file a petition described above in the county where the property that is the subject of the petition is located, or in the county where the day-to-day administration of the trust in possession of, holding title to, or claiming an interest in the property takes place, and would clarify that a petition may be filed in a court which would be proper court under any other provision of law for the trial of a civil action seeking the same relief. The bill would authorize a person to object to a petition on the ground that the petition was not filed in one of those courts.
Who sponsors AB 439?
AB 439 is sponsored by Gallagher, James (Republican).
What is the current status of AB 439?
This bill died with 2017-2018 Regular Session. It reached “In Committee” 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 439?
Track AB 439 free on One Click Politics — get push/email alerts when it moves.

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