California 2019-2020 Regular Session Status: To Executive

SB 518 — Civil actions: settlement offers.

Last action — Veto sustained.

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

This bill died with 2019-2020 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, in a civil action to be resolved by trial or arbitration, authorizes a party to serve an offer in writing on any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at the time. Existing law shifts specified postoffer costs to a plaintiff who does not accept a defendant's offer if the plaintiff fails to obtain a more favorable judgment or award. Existing law also authorizes a court or arbitrator to order a party who does not accept the opposing party's offer and fails to obtain a more favorable judgment or award to cover the postoffer costs for the services of expert witnesses, as specified. Existing law exempts certain actions from those provisions, including any labor arbitration filed pursuant to a memorandum of understanding under the Ralph C. Dills Act. This bill would also exempt from those provisions any action to enforce the California Public Records Act.

Bill Text

Action History

  1. Veto sustained.

  2. Stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

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

  6. Assembly amendments concurred in. (Ayes 28. Noes 11. Page 2838.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 62. Noes 13. Page 3194.) Ordered to the Senate.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 14. Noes 4.) (August 30).

  11. July 3 set for first hearing. Placed on APPR. suspense file.

  12. Re-referred to Com. on APPR. pursuant to Assembly Rule 97.

  13. Read second time. Ordered to third reading.

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

  15. From committee: Do pass as amended. (Ayes 10. Noes 1.) (June 18).

  16. Referred to Com. on JUD.

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

  18. Read third time. Passed. (Ayes 29. Noes 9. Page 1242.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 4. Noes 2. Page 1101.) (May 16).

  21. Set for hearing May 16.

  22. May 6 hearing: Placed on APPR. suspense file.

  23. Set for hearing May 6.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2. Page 799.) (April 23). Re-referred to Com. on APPR.

  25. Set for hearing April 23.

  26. Referred to Coms. on JUD. and APPR.

  27. From printer. May be acted upon on or after March 24.

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

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Wieckowski

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

Votes

Passed 28 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 19800
Democratic 9001
Republican 0300
Total 281101
% of votes cast 70%28%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 62 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 411001
Democratic 20101
Republican 1202
Total 621304
% of votes cast 78%16%0%5%
How each member voted (79)
Member Party Vote
Fong — Yea
Kiley — Yea
Salas — Yea
Cooley — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Voepel — Nay
Brough — Nay
Mayes — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Cunningham — Nay
Diep — Nay
Waldron — Nay
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Flora, Heath Republican Nay
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 9400
Total 14400
% of votes cast 78%22%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Fong — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Obernolte — Nay
Brough — Nay
Diep — Nay
Bigelow — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6100
Democratic 4000
Republican 0001
Total 10101
% of votes cast 83%8%0%8%
How each member voted (12)
Member Party Vote
Kiley — Yea
Chiu — Yea
Holden — Yea
Maienschein — Yea
Chau — Yea
Obernolte — Nay
Mark Stone — Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

3rd Reading

Passed 29 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20700
Democratic 9000
Republican 0200
Total 29900
% of votes cast 76%24%0%0%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Chang — Nay
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 0100
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 5 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 4001
Total 5001
% of votes cast 83%0%0%17%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Not Voting
Jones, Brian W. Republican Yea

Official roll call →

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3001
Unaffiliated 3100
Republican 0100
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Allen — Yea
Monning — Yea
Wieckowski — Yea
Borgeas — Nay
Caballero, Anna M. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 518 do?
Existing law, in a civil action to be resolved by trial or arbitration, authorizes a party to serve an offer in writing on any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at the time. Existing law shifts specified postoffer costs to a plaintiff who does not accept a defendant's offer if the plaintiff fails to obtain a more favorable judgment or award. Existing law also authorizes a court or arbitrator to order a party who does not accept the opposing party's offer and fails to obtain a more favorable judgment or award to cover the postoffer costs for the services of expert witnesses, as specified. Existing law exempts certain actions from those provisions, including any labor arbitration filed pursuant to a memorandum of understanding under the Ralph C. Dills Act. This bill would also exempt from those provisions any action to enforce the California Public Records Act.
Who sponsors SB 518?
SB 518 is sponsored by Wieckowski.
What is the current status of SB 518?
This bill died with 2019-2020 Regular Session. It reached “To Executive” 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 518?
Track SB 518 free on One Click Politics — get push/email alerts when it moves.

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