AB 1141 — Civil actions.
Last action — Chaptered by Secretary of State - Chapter 345, Statutes of 2015.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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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
- Chaptered 09/28/15 - Chaptered Current pdf September 28, 2015
- Enrolled 08/31/15 - Enrolled pdf August 31, 2015
- Amended 07/14/15 - Amended Senate pdf July 14, 2015
- Amended 06/03/15 - Amended Senate pdf June 03, 2015
- Amended 04/06/15 - Amended Assembly pdf April 06, 2015
- Introduced 02/27/15 - Introduced pdf February 27, 2015
- AB1141 View text html
Action History
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Chaptered by Secretary of State - Chapter 345, Statutes of 2015.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2615.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2150.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0.) (June 16).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 29. Page 1105.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 8. Noes 1.) (April 21).
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Referred to Com. on JUD.
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Read first time.
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From printer. May be heard in committee March 31.
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 70 | 0 | 0 | 1 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 79 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 44 | 23 | 0 | 3 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 48 | 29 | 0 | 3 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 1 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 8 | 1 | 0 | 1 |
| % 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 |
Subjects
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?
- Track AB 1141 free on One Click Politics — get push/email alerts when it moves.
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