California 2019-2020 Regular Session Status: Passed Assembly

AB 3062 — Civil actions: pleadings and motions.

Last action — Referred to Com. on JUD.

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides that in a civil action, before filing a demurrer, motion to strike, or motion for judgment on the pleadings, a party is required to meet and confer with the opposing party to try to resolve the objections or claims that would be raised in the filing. Existing law specifies certain requirements and procedures for this meet and confer process, and provides that these requirements and procedures are operative until January 1, 2021. This bill would extend these meet and confer requirements and procedures indefinitely. Because the moving party would be required to file a declaration under penalty of perjury describing the parties' efforts made to meet and confer, the bill would expand the scope of the crime of perjury and, therefore, impose a state-mandated local program. (2) Existing law provides that, until January 1, 2021, a party may amend a pleading once without leave of court before an answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before it is heard by the court if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion strike. Existing law permits a party to amend a pleading after the date for filing an opposition to a demurrer or motion to strike upon stipulation by the parties. This bill would extend this provision indefinitely. (3) Existing law provides that if a demurrer is sustained, the court may grant leave to amend a pleading upon terms that are just and fix the time within which the amendment or amended pleading shall be filed. Existing law provides that, until January 1, 2021, the court's authority to grant leave to amend is subject to a 3-amendment limitation for complaints and cross-complaints, except as specified. This bill would extend indefinitely the 3-amendment limitation on the court's authority to grant leave to amend after a demurrer is sustained. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Referred to Com. on JUD.

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

  3. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4729.)

  4. Read second time. Ordered to Consent Calendar.

  5. From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (June 2).

  6. Re-referred to Com. on APPR.

  7. Read second time and amended.

  8. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (May 11).

  9. In committee: Hearing postponed by committee.

  10. Referred to Com. on JUD.

  11. Read first time.

  12. From printer. May be heard in committee March 23.

  13. Introduced. To print.

Sponsors

  • Obernolte · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Obernolte

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

AB 3062 Obernolte Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 21001
Unaffiliated 49002
Republican 6000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Friedman — Yea
Cooper — Yea
Smith — Yea
Kiley — Yea
Brough — Yea
Nazarian — Yea
Weber — Yea
Diep — Yea
Bigelow — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Bloom — Yea
Burke — Yea
Daly — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Salas — Yea
Fong — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Waldron — Yea
Gonzalez — Yea
Wood — Yea
Kamlager — Yea
O'Donnell — Yea
Chiu — Yea
Chu — Yea
Cunningham — Yea
Jones-Sawyer — Yea
Ting — Yea
Voepel — Yea
Gray — Yea
Chau — Yea
Mathis — Yea
Frazier — Yea
Obernolte — Yea
Mayes — Yea
Santiago — Yea
Low — Not Voting
Quirk — 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 Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
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 Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 11000
Republican 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Fong — Yea
McCarty — Yea
Voepel — Yea
Chau — Yea
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Bigelow — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1001
Unaffiliated 8000
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Holden — Yea
Maienschein — Yea
Chiu — Yea
Obernolte — Yea
Chau — Yea
Kiley — Yea
Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does AB 3062 do?
(1) Existing law provides that in a civil action, before filing a demurrer, motion to strike, or motion for judgment on the pleadings, a party is required to meet and confer with the opposing party to try to resolve the objections or claims that would be raised in the filing. Existing law specifies certain requirements and procedures for this meet and confer process, and provides that these requirements and procedures are operative until January 1, 2021. This bill would extend these meet and confer requirements and procedures indefinitely. Because the moving party would be required to file a declaration under penalty of perjury describing the parties' efforts made to meet and confer, the bill would expand the scope of the crime of perjury and, therefore, impose a state-mandated local program. (2) Existing law provides that, until January 1, 2021, a party may amend a pleading once without leave of court before an answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before it is heard by the court if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion strike. Existing law permits a party to amend a pleading after the date for filing an opposition to a demurrer or motion to strike upon stipulation by the parties. This bill would extend this provision indefinitely. (3) Existing law provides that if a demurrer is sustained, the court may grant leave to amend a pleading upon terms that are just and fix the time within which the amendment or amended pleading shall be filed. Existing law provides that, until January 1, 2021, the court's authority to grant leave to amend is subject to a 3-amendment limitation for complaints and cross-complaints, except as specified. This bill would extend indefinitely the 3-amendment limitation on the court's authority to grant leave to amend after a demurrer is sustained. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 3062?
AB 3062 is sponsored by Obernolte.
What is the current status of AB 3062?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 3062?
Track AB 3062 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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