California 2017-2018 Regular Session Status: In Committee

AB 2651 — Civil actions.

Last action — In committee: Hearing postponed by committee.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law requires a motion for summary judgment or summary adjudication in a civil action or proceeding to be heard no later than 30 days before the date of the trial in the action or proceeding. Existing law requires a motion for summary judgment or summary adjudication to include a separate statement of undisputed facts, and opposition papers to include a separate statement that responds to each material fact contended by the moving party to be undisputed. Existing law requires opposition to a motion to be served and filed not less than 14 days before the date of the hearing motion, and a reply to the opposition to be served and filed not less than 5 days before the hearing on the motion. This bill would instead require the motion to be heard no later than 45 days before the date of trial. The bill would authorize the moving party to arrange the separate statement of undisputed facts by cause of action or count, and would require the separate statement filed in support of any opposition to be arranged in the same order as the moving party's separate statement with respect to facts contended to be undisputed. The bill would require opposition to a motion to be filed and served not less than 20 court days before the hearing, and require a reply to be filed and served not less than 10 court days before the hearing. (2) Existing law authorizes a court to determine a motion for a new trial or a motion to set aside and vacate a judgment within 60 days after the mailing of notice of entry of judgment by the clerk of the court, or 60 days after service on the moving party by any party of written notice of entry of judgment, or, if that notice has not been given, within 60 days after filing the first notice of intention to move for a new trial or to set aside and vacate a judgment. This bill would extend each of the periods described above to 75 days. (3) Existing law requires an expert witness who is a party or an employee of a party to an action, or who has been retained by a party for the purpose of forming and expressing an opinion in anticipation of litigation or in preparation for trial of the action, to produce any material or category of materials called for by a deposition notice no later than 3 business days before his or her deposition. Existing law requires the party taking the deposition of an expert witness to either accompany the service of the deposition notice with a tender of the expert's fee, or tender that fee at the commencement of the deposition. This bill would authorize the continuance of the expert's deposition if the expert does not timely produce materials, and would require the party designating the expert to be responsible for payment of the expert's fee at the continued deposition. The bill would provide that no other expert's deposition may be required until the continued deposition is concluded.

Bill Text

Action History

  1. In committee: Hearing postponed by committee.

  2. Re-referred to Com. on JUD.

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

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

  5. Referred to Com. on JUD.

  6. From printer. May be heard in committee March 18.

  7. Read first time. To print.

Sponsors

  • Kiley · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Kiley

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
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 2651 do?
(1) Existing law requires a motion for summary judgment or summary adjudication in a civil action or proceeding to be heard no later than 30 days before the date of the trial in the action or proceeding. Existing law requires a motion for summary judgment or summary adjudication to include a separate statement of undisputed facts, and opposition papers to include a separate statement that responds to each material fact contended by the moving party to be undisputed. Existing law requires opposition to a motion to be served and filed not less than 14 days before the date of the hearing motion, and a reply to the opposition to be served and filed not less than 5 days before the hearing on the motion. This bill would instead require the motion to be heard no later than 45 days before the date of trial. The bill would authorize the moving party to arrange the separate statement of undisputed facts by cause of action or count, and would require the separate statement filed in support of any opposition to be arranged in the same order as the moving party's separate statement with respect to facts contended to be undisputed. The bill would require opposition to a motion to be filed and served not less than 20 court days before the hearing, and require a reply to be filed and served not less than 10 court days before the hearing. (2) Existing law authorizes a court to determine a motion for a new trial or a motion to set aside and vacate a judgment within 60 days after the mailing of notice of entry of judgment by the clerk of the court, or 60 days after service on the moving party by any party of written notice of entry of judgment, or, if that notice has not been given, within 60 days after filing the first notice of intention to move for a new trial or to set aside and vacate a judgment. This bill would extend each of the periods described above to 75 days. (3) Existing law requires an expert witness who is a party or an employee of a party to an action, or who has been retained by a party for the purpose of forming and expressing an opinion in anticipation of litigation or in preparation for trial of the action, to produce any material or category of materials called for by a deposition notice no later than 3 business days before his or her deposition. Existing law requires the party taking the deposition of an expert witness to either accompany the service of the deposition notice with a tender of the expert's fee, or tender that fee at the commencement of the deposition. This bill would authorize the continuance of the expert's deposition if the expert does not timely produce materials, and would require the party designating the expert to be responsible for payment of the expert's fee at the continued deposition. The bill would provide that no other expert's deposition may be required until the continued deposition is concluded.
Who sponsors AB 2651?
AB 2651 is sponsored by Kiley.
What is the current status of AB 2651?
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 2651?
Track AB 2651 free on One Click Politics — get push/email alerts when it moves.

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