California 2019-2020 Regular Session Status: Enacted

AB 692 — Attorneys: arbitration of attorney's fees.

Last action — Chaptered by Secretary of State - Chapter 13, Statutes of 2019.

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

This bill has been enacted into law. Introduced February 19, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law relating to arbitration of attorney's fees tolls the time for filing a civil action seeking judicial resolution of a dispute subject to arbitration from the time an arbitration is initiated in accordance with rules adopted by the board of trustees of the State Bar of California until 30 days after receipt of notice of the award of the arbitrators or receipt of notice that the arbitration is otherwise terminated, whichever comes first. Existing law prohibits commencement of arbitration if a civil action requesting the same relief would be barred by existing law governing the time of commencing civil actions. Existing law establishes an exception to that prohibition for a request for arbitration by a client pursuant to specified provisions for arbitration of attorney's fees, following the filing of a civil action by the attorney. This bill would instead allow commencement of arbitration upon a request for arbitration by a client pursuant to those provisions, following the commencement of an action in any court or any other proceeding by the attorney. Existing law, except for certain claims where there is an underlying criminal charge, requires that an action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services must be commenced within one year after the plaintiff discovers, or should have discovered, the wrongful act or omission, or 4 years from the date of the wrongful act or omission, whichever occurs first. Under existing law, that period is tolled if certain conditions exist. This bill would additionally toll that period if a dispute between the lawyer and client concerning fees, costs, or both is pending resolution under existing law relating to arbitration of attorney's fees. The bill would define "pending" for that purpose.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 13, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 1606.).

  6. Read second time. Ordered to Consent Calendar.

  7. From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (June 4).

  8. Referred to Com. on JUD.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 959.)

  11. Read second time. Ordered to Consent Calendar.

  12. From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (March 26).

  13. Referred to Com. on JUD.

  14. From printer. May be heard in committee March 22.

  15. Read first time. To print.

Sponsors

  • Maienschein · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Maienschein

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

Consent Calendar AB692

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 10000
Republican 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. 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
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 692 Maienschein Consent Calendar Second Day

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 45003
Democratic 22003
Republican 7000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Salas — Yea
Brough — Yea
Kiley — Yea
Mayes — Yea
Mathis — Yea
Bigelow — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Voepel — Yea
Obernolte — 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
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Santiago — Not Voting
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike 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 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
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
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 4000
Republican 1000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Obernolte — Yea
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Mark Stone — Yea
Fong, Mike Democratic Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

civil-rights labor
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 692 do?
Existing law relating to arbitration of attorney's fees tolls the time for filing a civil action seeking judicial resolution of a dispute subject to arbitration from the time an arbitration is initiated in accordance with rules adopted by the board of trustees of the State Bar of California until 30 days after receipt of notice of the award of the arbitrators or receipt of notice that the arbitration is otherwise terminated, whichever comes first. Existing law prohibits commencement of arbitration if a civil action requesting the same relief would be barred by existing law governing the time of commencing civil actions. Existing law establishes an exception to that prohibition for a request for arbitration by a client pursuant to specified provisions for arbitration of attorney's fees, following the filing of a civil action by the attorney. This bill would instead allow commencement of arbitration upon a request for arbitration by a client pursuant to those provisions, following the commencement of an action in any court or any other proceeding by the attorney. Existing law, except for certain claims where there is an underlying criminal charge, requires that an action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services must be commenced within one year after the plaintiff discovers, or should have discovered, the wrongful act or omission, or 4 years from the date of the wrongful act or omission, whichever occurs first. Under existing law, that period is tolled if certain conditions exist. This bill would additionally toll that period if a dispute between the lawyer and client concerning fees, costs, or both is pending resolution under existing law relating to arbitration of attorney's fees. The bill would define "pending" for that purpose.
Who sponsors AB 692?
AB 692 is sponsored by Maienschein.
What is the current status of AB 692?
This bill has been enacted into law. Introduced February 19, 2019. Enacted.
Where can I track AB 692?
Track AB 692 free on One Click Politics — get push/email alerts when it moves.

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