California 2015-2016 Regular Session Status: Enacted

AB 1141 — Civil actions.

Last action — Chaptered by Secretary of State - Chapter 345, Statutes of 2015.

  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 27, 2015. 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 5 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

(1) Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law provides that a motion for summary adjudication shall be granted only if it completely disposes of a cause of action, affirmative defense, claim for damages, or issue of duty. This bill would allow a motion for summary adjudication that does not completely dispose of a cause of action, affirmative defense, or issue of duty if the parties whose claims or defenses are put at issue by the motion jointly stipulate as to the issue or issues to be adjudicated and declare that a ruling on the motion would further the interest of judicial economy. This bill would also prescribe the contents of, and signatories to, the notice of motion, among other provisions. (2) Existing law permits a party to serve an offer in writing upon any other party to an action prior to commencement of trial or arbitration to allow judgment to be taken or an award to be entered in accordance with agreed upon terms and conditions. Existing law provides that if an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the court or arbitrator may require the plaintiff to pay a reasonable sum to cover costs of the services of expert witnesses, as specified. This bill would clarify that this provision requires a plaintiff to cover only expert witness costs that arose postoffer. (3) This bill would incorporate additional changes to Section 437c of the Code of Civil Procedure proposed by SB 470 that would become operative only if SB 470 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 345, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2615.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2150.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 7. Noes 0.) (June 16).

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

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

  13. Referred to Com. on JUD.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 29. Page 1105.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 8. Noes 1.) (April 21).

  18. Re-referred to Com. on JUD.

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

  20. Referred to Com. on JUD.

  21. Read first time.

  22. From printer. May be heard in committee March 31.

  23. Introduced. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

  • Chau

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 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Ting — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Chau — Yea
Chu — Yea
Cooley — Yea
Salas — Yea
Harper — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rodriguez — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Frazier — Not Voting
Gatto — Yea
Burke — Yea
Gordon — Yea
Gray — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Jones-Sawyer — Yea
Chang — Yea
Chiu — Yea
Kim — Yea
Baker — Yea
Bigelow — Yea
Chávez — Yea
Dababneh — Yea
Dodd — Yea
Levine — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Wood — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Galgiani — Yea
De León — Yea
Runner — Yea
Glazer — Yea
Hall — Yea
Hernandez — Yea
Beall — Yea
Hertzberg — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
Pan — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hertzberg — Yea
Leno — Yea
Anderson — Yea
Monning — Yea
Moorlach — Yea
Wieckowski — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

Passed 48 Yea · 29 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 442303
Democratic 4000
Republican 0600
Total 482903
% of votes cast 60%36%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Levine — Yea
Linder — Nay
Low — Yea
O'Donnell — Yea
Obernolte — Nay
Olsen — Nay
Rendon — Yea
Ridley-Thomas — Not Voting
Santiago — Yea
Weber — Yea
Wood — Nay
Daly — Yea
Frazier — Yea
Gatto — Yea
Bonilla — Yea
Cooper — Yea
Jones-Sawyer — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Perea — Yea
Campos — Not Voting
Chang — Nay
Salas — Not Voting
Chávez — Nay
Harper — Nay
Kim — Nay
Maienschein — Nay
Baker — Nay
Mathis — Nay
Mayes — Nay
Melendez — Nay
Steinorth — Nay
Wagner — Nay
Waldron — Nay
Wilk — Nay
Eggman — Yea
Gomez — Yea
Gray — Yea
Gordon — Yea
Holden — Yea
Lopez — Yea
McCarty — Yea
Quirk — Yea
Rodriguez — Yea
Atkins — Yea
Thurmond — Yea
Ting — Yea
Burke — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Williams — Yea
Gonzalez — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8100
Republican 0001
Total 8101
% of votes cast 80%10%0%10%
How each member voted (10)
Member Party Vote
Alejo — Yea
Holden — Yea
Wagner — Nay
Chau — Yea
Chiu — Yea
Maienschein — Yea
O'Donnell — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

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 1141 do?
(1) Existing law authorizes a party, pursuant to a specified procedure, to move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to it and to move for summary adjudication as to certain issues in the action or proceeding. Existing law provides that a motion for summary adjudication shall be granted only if it completely disposes of a cause of action, affirmative defense, claim for damages, or issue of duty. This bill would allow a motion for summary adjudication that does not completely dispose of a cause of action, affirmative defense, or issue of duty if the parties whose claims or defenses are put at issue by the motion jointly stipulate as to the issue or issues to be adjudicated and declare that a ruling on the motion would further the interest of judicial economy. This bill would also prescribe the contents of, and signatories to, the notice of motion, among other provisions. (2) Existing law permits a party to serve an offer in writing upon any other party to an action prior to commencement of trial or arbitration to allow judgment to be taken or an award to be entered in accordance with agreed upon terms and conditions. Existing law provides that if an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the court or arbitrator may require the plaintiff to pay a reasonable sum to cover costs of the services of expert witnesses, as specified. This bill would clarify that this provision requires a plaintiff to cover only expert witness costs that arose postoffer. (3) This bill would incorporate additional changes to Section 437c of the Code of Civil Procedure proposed by SB 470 that would become operative only if SB 470 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
Who sponsors AB 1141?
AB 1141 is sponsored by Chau.
What is the current status of AB 1141?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track AB 1141?
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