California 2015-2016 Regular Session Status: Enacted

SB 470 — Civil actions: summary judgment and summary adjudication.

Last action — Chaptered by Secretary of State. Chapter 161, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 25, 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

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 requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, and to grant a motion for summary adjudication if the papers submitted show that there is no triable issue as to one or more material facts the adjudication of which will completely dispose of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. In determining whether the papers show that there is no triable issue as to a material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court. This bill would provide that, in granting or denying a motion for summary judgment or summary adjudication, the court need rule only on objections made to evidence that the court deems material to the disposition of the motion. The bill would also provide that objections to evidence not ruled on for purposes of the motion would be preserved for appellate review. The bill would also make nonsubstantive changes to the provisions. This bill would incorporate additional changes to Section 437c of the Code of Civil Procedure proposed by AB 1141 that would become operative only if AB 1141 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 161, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10 a.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 1984.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 2359.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. From consent calendar on motion of Assembly Member Holden.

  10. Read second time. Ordered to consent calendar.

  11. From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 16).

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

  13. Referred to Com. on JUD.

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

  15. Read third time. Passed. (Ayes 35. Noes 0. Page 776.) Ordered to the Assembly.

  16. Read second time and amended. Ordered to consent calendar.

  17. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 6. Noes 0. Page 619.) (April 14).

  18. Set for hearing April 14.

  19. Referred to Com. on JUD.

  20. From printer. May be acted upon on or after March 28.

  21. 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

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 SB470 Jackson Concurrence

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 3000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Hancock — Yea
Hueso — Yea
Leno — Yea
Morrell — Yea
Pavley — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Hill — Yea
Pan — Yea
Cannella — Not Voting
De León — Yea
Runner — Yea
Glazer — Yea
Mitchell — Not Voting
Bates — Yea
Hernandez — Yea
Hertzberg — Yea
Huff — Yea
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Not Voting
Moorlach — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Hall — 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 →

SB 470 Jackson Senate Third Reading

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 4000
Republican 6000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Maienschein — Yea
Mathis — Yea
Mayes — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Not Voting
Wagner — Yea
Weber — Yea
Eggman — Yea
Daly — Yea
Burke — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Salas — Yea
Gordon — Yea
Harper — Yea
Jones-Sawyer — Yea
Kim — Yea
Levine — Yea
Chang — Yea
Linder — Yea
Low — Yea
McCarty — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Melendez — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Gray — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Hadley — Yea
Medina — Yea
Mullin — Yea
Cooper — Not Voting
Dodd — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Gonzalez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — 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
Patterson, Joe Republican Yea

Official roll call →

Consent Calendar 2nd

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 3000
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Pavley — Not Voting
Vidak — Not Voting
Wieckowski — Yea
Cannella — Yea
Fuller — Yea
Allen — Yea
Mitchell — Yea
Leno — Yea
Pan — Yea
De León — Yea
Runner — Yea
Galgiani — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Not Voting
Hueso — Yea
Huff — Yea
Beall — Yea
Block — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Not Voting
Morrell — Yea
Nielsen — Yea
Roth — Yea
Wolk — 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 →

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 470 do?
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 requires the court to grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law, and to grant a motion for summary adjudication if the papers submitted show that there is no triable issue as to one or more material facts the adjudication of which will completely dispose of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. In determining whether the papers show that there is no triable issue as to a material fact, existing law requires the court to consider all of the evidence set forth in the papers, except evidence to which objections have been made and sustained by the court. This bill would provide that, in granting or denying a motion for summary judgment or summary adjudication, the court need rule only on objections made to evidence that the court deems material to the disposition of the motion. The bill would also provide that objections to evidence not ruled on for purposes of the motion would be preserved for appellate review. The bill would also make nonsubstantive changes to the provisions. This bill would incorporate additional changes to Section 437c of the Code of Civil Procedure proposed by AB 1141 that would become operative only if AB 1141 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
Who sponsors SB 470?
SB 470 is sponsored by Jackson.
What is the current status of SB 470?
This bill has been enacted into law. Introduced February 25, 2015. Enacted.
Where can I track SB 470?
Track SB 470 free on One Click Politics — get push/email alerts when it moves.

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