California 2015-2016 Regular Session Status: To Executive

SB 1078 — Civil procedure: arbitration.

Last action — In Senate. Consideration of Governor's veto pending.

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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 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 governs arbitration in civil proceedings. Under existing law, a neutral arbitrator is defined as one who is selected jointly by the parties or by the parties' arbitrators, or is appointed by the court if the parties or their arbitrators cannot jointly select an arbitrator. Existing law requires a person selected to serve as a neutral arbitrator to disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt as to the proposed neutral arbitrator's impartiality. Existing law requires the disclosure to include, among other things, whether or not the proposed neutral arbitrator has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral with a party to the proceeding, or is participating in, or has participated within the last 2 years in, discussions regarding such prospective employment or service. This bill, in a consumer arbitration case, would also require the disclosure of any solicitation made within the last 2 years by, or at the direction of, a private arbitration company to a party or lawyer for a party. The bill would only require disclosure of solicitations made after January 1, 2017. The bill would specify what is, and what is not, a solicitation for purposes of this disclosure. The bill would prohibit the solicitation of a party or lawyer for a party during the pendency of the arbitration. The bill would also prohibit an arbitrator, from the time of appointment until the conclusion of the arbitration, from entertaining or accepting any offers of employment or offers of new professional relationships, and, in a consumer arbitration case, would prohibit the arbitrator from entertaining or accepting any offers of employment as a dispute resolution neutral in another case from a party or lawyer for a party in the pending arbitration, except as provided. This bill would exempt specified self-regulatory organizations from the application of the bill. The bill would provide that its provisions are severable.

Bill Text

Action History

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

  2. Vetoed by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 24. Noes 13. Page 5533.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 48. Noes 26. Page 6363.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 73. Noes 0. Page 5947.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 8. Noes 2.) (June 21).

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  12. Referred to Com. on JUD.

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

  14. Read third time. Passed. (Ayes 24. Noes 12. Page 3848.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Read third time and amended.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 6. Noes 1. Page 3700.) (April 26).

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  21. Re-referred to Com. on JUD.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  23. Referred to Com. on RLS.

  24. From printer. May be acted upon on or after March 19.

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

Sponsors

  • Jackson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No

Sponsors (1)

  • Jackson

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

Unfinished Business (Supplemental File 1) SB1078 Jackson Concurrence

Passed 24 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221202
Democratic 2100
Total 241302
% of votes cast 62%33%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Hertzberg — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Wolk — Yea
Glazer — Yea
Hernandez — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hill — Yea
Leno — Yea
Pavley — Yea
Cannella — Nay
Hall — Yea
Hancock — Yea
Hueso — Yea
Beall — Yea
Block — Yea
Huff — Nay
Liu — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Galgiani — Not Voting
Pan — Not Voting
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 1078 Jackson Senate Third Reading By CHAU

Passed 48 Yea · 26 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 442105
Democratic 4001
Republican 0500
Total 482606
% of votes cast 60%33%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Levine — Nay
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Olsen — Nay
Rendon — Yea
Rodriguez — Not Voting
Steinorth — Nay
Wagner — Yea
Wilk — Nay
Eggman — Yea
Cooper — Not Voting
Daly — Yea
Burke — Yea
Salas — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Lopez — Yea
Harper — Nay
Holden — Yea
Kim — Nay
Atkins — Yea
Linder — Yea
Low — Yea
Mayes — Nay
Chang — Nay
McCarty — Yea
Gray — Nay
Medina — Yea
Melendez — Nay
Chau — Yea
Alejo — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Wood — Yea
Campos — Not Voting
Frazier — Not Voting
Gordon — Not Voting
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Not Voting
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

Official roll call →

SB 1078 Jackson Senate Third Reading Amendment Set #1

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63007
Democratic 5000
Republican 5000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Jones-Sawyer — Yea
Kim — Not Voting
Linder — Yea
Maienschein — Yea
Mathis — Not Voting
Mullin — Yea
Obernolte — Not Voting
Ridley-Thomas — Yea
Steinorth — Yea
Wagner — Yea
Wilk — Yea
Eggman — Yea
Daly — Yea
Olsen — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Frazier — Yea
Gray — Yea
Gomez — Yea
Gordon — Yea
Lopez — Yea
Hadley — Yea
Holden — Not Voting
Levine — Yea
Low — Yea
Mayes — Yea
Campos — Yea
Atkins — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Baker — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Dodd — Not Voting
Gatto — Yea
Beth Gaines — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic 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 →

Do pass.

Passed 8 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8100
Republican 0100
Total 8200
% of votes cast 80%20%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Nay
Wagner — Yea
Chau — Yea
Chiu — Yea
Holden — Yea
Ting — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Gallagher, James Republican Nay

Official roll call →

3rd Reading

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 2100
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Morrell — Nay
Pavley — Yea
Wolk — Yea
Cannella — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Not Voting
Galgiani — Not Voting
Glazer — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Beall — Yea
Hueso — Yea
Huff — Nay
Leno — Yea
Liu — Not Voting
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Nay
Pan — Not Voting
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Democratic 1000
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Anderson — Nay
Wieckowski — Yea
Hertzberg — Yea
Leno — Yea
Monning — Yea
Moorlach — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

Subjects

civil-rights
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 SB 1078 do?
Existing law governs arbitration in civil proceedings. Under existing law, a neutral arbitrator is defined as one who is selected jointly by the parties or by the parties' arbitrators, or is appointed by the court if the parties or their arbitrators cannot jointly select an arbitrator. Existing law requires a person selected to serve as a neutral arbitrator to disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt as to the proposed neutral arbitrator's impartiality. Existing law requires the disclosure to include, among other things, whether or not the proposed neutral arbitrator has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral with a party to the proceeding, or is participating in, or has participated within the last 2 years in, discussions regarding such prospective employment or service. This bill, in a consumer arbitration case, would also require the disclosure of any solicitation made within the last 2 years by, or at the direction of, a private arbitration company to a party or lawyer for a party. The bill would only require disclosure of solicitations made after January 1, 2017. The bill would specify what is, and what is not, a solicitation for purposes of this disclosure. The bill would prohibit the solicitation of a party or lawyer for a party during the pendency of the arbitration. The bill would also prohibit an arbitrator, from the time of appointment until the conclusion of the arbitration, from entertaining or accepting any offers of employment or offers of new professional relationships, and, in a consumer arbitration case, would prohibit the arbitrator from entertaining or accepting any offers of employment as a dispute resolution neutral in another case from a party or lawyer for a party in the pending arbitration, except as provided. This bill would exempt specified self-regulatory organizations from the application of the bill. The bill would provide that its provisions are severable.
Who sponsors SB 1078?
SB 1078 is sponsored by Jackson.
What is the current status of SB 1078?
This bill died with 2015-2016 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 1078?
Track SB 1078 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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