During the second year of the 2023–2024 Legislative Session, the Legislature and Governor enacted numerous bills that affect the courts or are of general interest to the judicial branch. A partial list of court-related legislation is provided below, with brief descriptions arranged by subject matter.
This summary is intended to serve only as a guide to identify bills of interest; the bill descriptions are not a complete statement of statutory changes. Code section references are to the sections most directly affected by the bill; not all sections are necessarily cited.
CIVIL PROCEDURE
AB 1253 – HEARSAY: EXCEPTIONS
Allows hearsay statements from a victim, eyewitness, or medical examiner in a sexually violent predator probable cause hearing. (EVID add 1285)
AB 1899 – COURTS
Requires the Judicial Council, commencing January 1, 2026, to adopt a standard of judicial administration ensuring juror questionnaires are inclusive, including having an option for jurors to express their gender identity, if applicable. (CCP amend, repeal, and add 205)
AB 2049 – MOTIONS FOR SUMMARY JUDGMENT: FILING DEADLINES
Increases the deadlines for filing motions for summary judgment and responsive pleadings by six days, limits parties to only one such motion unless there is good cause and prohibits the reply brief from including any new evidentiary matter, additional material facts, or separate statements not previously presented in the motion or opposition briefs. (CCP amend 437c)
AB 2067 – FINANCIAL INSTITUTIONS: SERVICE OF PROCESS
Requires a financial institution, if it designates a third-party agent to serve as a central location for service of legal process, to designate at least one other central location that must be located in a different county than the third-party agent. (CCP amend 488.610, 684.115, 701.030)
AB 2225 – DISCOVERY: PRE-HOSPITAL EMERGENCY MEDICAL CARE PERSON OR PERSONNEL REVIEW COMMITTEES
Adds pre-hospital emergency medical care person or personnel organized committees and review committees to the list of organized medical committees and peer review bodies whose proceedings and records are currently exempt from discovery in civil litigation. (EVID amend 1157)
AB 2304 – UNLAWFUL DETAINER: CASE RECORDS
Eliminates the exception for unlawful detainers involving mobile homes from the prohibition on court clerks allowing access to unlawful detainer case records. (CCP amend 1161.2)
AB 2347 – SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION OF REAL PROPERTY: PROCEDURAL REQUIREMENTS
Expands the time that a tenant of residential real property has to file an answer to an unlawful detainer from 5 days to 10 days, amends the timeline for when a hearing on a demurrer or motion to strike must be held, and clarifies that all moving and supporting papers must accompany the notice of the motion. (CCP amend 1167, 1170)
AB 3283 – ENFORCEMENT OF JUDGMENTS: CLAIMS OF EXEMPTION
Clarifies that a claim of exemption and a notice of opposition to that claim do not constitute an appearance and limits the power of the court over such a claimant to only determining the claim of exemption. (CCP amend 703.580)
SB 554 – RESTRAINING ORDERS
Clarifies that a party may seek a temporary restraining order or protective order under the Code of Civil Procedure civil harassment protective order statute or the Domestic Violence Prevention Act in any superior court within the state where jurisdiction is appropriate, even if the party is not a resident of the state. (CCP amend 527.6; FAM amend 6301)
COURT REPORTERS
AB 3013 – COURTS: REMOTE COURT REPORTING
Authorizes the Superior Courts of Alameda, Contra Costa, Los Angeles, Mendocino, Monterey, Orange, San Bernardino, San Diego, San Joaquin, San Mateo, Santa Clara, Tulare, and Ventura Counties to conduct pilot projects to study the potential use of remote court reporting to make the verbatim record of certain court proceedings. (GOV add and repeal 69959.5)
AB 3252 – SHORTHAND COURT REPORTERS: SUNSET: CERTIFICATION
Extends the operation of the Court Reporters Board of California within the Department of Consumer Affairs from January 1, 2025, to January 1, 2029. Includes the phrase “voice writer” in the list of terms indicating shorthand reporter certification. Requires applicants for licensure and renewal to provide a valid email address. Authorizes the licensure of applicants who pass the national dictation exam in lieu of the California dictation exam, as specified. Requires a shorthand reporter to state their full name and certificate number on the record prior to commencing a proceeding. (BPC amend 8000, 8005, 8016, 8018, 8020, 8030.2, 8030.4, 8030.6, 8030.8, 8051, add 8024.9, add and repeal 8020.5)
FAMILY LAW
ACA 5 – MARRIAGE EQUALITY
Repeals, subject to voter approval, the provision in the California Constitution that limits marriage to a “man and a woman” and replaces it with provisions that make the right to marry a fundamental right. (CONS repeal and add art. I, § 7.5)
SB 1150 – DISSOLUTION OR NULLITY OF MARRIAGE: RESTORATION OF FORMER NAME OR BIRTH NAME
Clarifies that the provisions permitting the restoration of a party’s prior last name in a proceeding for dissolution or nullity of marriage apply to either spouse in the marriage, regardless of gender. (FAM amend 2080–2082)
SB 1427 – MARRIAGE: JOINT PETITION FOR DISSOLUTION OF MARRIAGE
Effective January 1, 2026, establishes a process by which parties to a marriage that does not meet the requirements for summary dissolution may file a joint petition for dissolution or legal separation on forms to be adopted by the Judicial Council. Requires a joint petition for dissolution or legal separation to set forth all the following, as nearly as can be ascertained: date of marriage; children of the marriage, number of children, age and birth date of each child; and a list of issues that the parties intend to resolve by agreement. Provides a joint petition and a joint summons, in a form and content approved by the Judicial Council, shall be deemed to be served on both parties upon the filing of the joint petition, and both parties shall be determined to have appeared in the matter. Provides that filing of a joint petition shall be accompanied by the fees required for filing of petitions and responses in standard dissolution matters, unless both parties have been granted a fee waiver. (FAM amend 2330, 2331, 2342, 2401, 2402, add 2342.5, 2342.51)
PROBATE
AB 2016 – DECEDENTS’ ESTATES
Applies the affidavit procedures for administration of assets outside of probate to real property that was a decedent’s primary residence in this state and has a gross value that does not exceed $750,000 or the amount specified by Judicial Council. (PROB amend 13100, 13101, 13150, 13151, 13152, 13154, repeal 13158)
SB 1127 – TRUST TERMINATION
Grants a trustee the power to terminate a trust if the principal does not exceed $100,000 in value, as adjusted periodically based on the Consumer Price Index for All Urban Consumers, as specified. (PROB 15408)
REMOTE PROCEEDINGS
AB 170 – COURTS
Extends existing deadlines for both juvenile and civil remote proceedings from January 1, 2026, to January 1, 2027. Beginning October 1, 2025, and annually thereafter, requires courts to report to the Judicial Council on technical issues experienced during criminal remote proceedings and certify that all courtrooms used for remote proceedings meet the minimum technology standards. Requires the Judicial Council to submit a legislative report on the court responses by December 31, 2025, and December 31, 2026. Sunsets the reporting requirements for both the courts and the Judicial Council on January 1, 2027. Authorizes from January 1, 2025, until January 1, 2027, for a court reporter to be in a separate court facility when a significant delay would otherwise occur. By April 1, 2025, requires the Judicial Council to adopt minimum standards for courtroom technology to allow for remote participation in criminal proceedings. Requires the courts to implement the minimum standards by July 1, 2025, and extends the authority for remote proceedings until January 1, 2027.
Amends the existing right to allow a defendant to waive the right to have witness testimony in person to allow the defendant to withdraw their wavier at any time, and extends this authority until January 1, 2027. Extends the existing authority that allows a court to determine a defendant is not allowed to be physically present at a preliminary hearing to January 1, 2027. Amends the existing $10 million reserve requirement within the Trial Court Trust Fund for court emergencies to $5 million. (BPC amend 6304; CCP amend 367.75, 367.76, amend and repeal 367.8; GOV amend 68502.5, 68661.1, 71651.1, amend, repeal, and add 68661.1, add and repeal 68661.5; PEN amend 977, 977.3, 1043.5; WIC amend 679.5)
NEW, REVISED, AND REVOKED JUDICIAL COUNCIL FORMS
The Judicial Council has listed the forms that are new as of January 1, 2025, or have been revised, updated, or revoked. Click here for the complete list.
Categorized in: Legal Procedure
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