The following legislation relating to practices in the legal industry was signed by California Governor Gavin Newsom as of July 18, 2024.
PLEASE TAKE PARTICULAR NOTE OF THE CHANGES TO AB 2049 REGARDING TIMELINES FOR MOTIONS FOR SUMMARY JUDGMENT!
AB 2049 by Assemblymember Blanca Pacheco (D-Downey) – Motions for Summary Judgment.
Existing law requires a motion for summary judgment or summary adjudication in a civil action or proceeding to be served and filed at least 75 days before the hearing on the motion. Existing law requires an opposition to the motion to be served and filed at least 14 days before the hearing and a reply to the opposition to be served and filed at least 5 days before the hearing.
This bill would change the deadline for a party to file a motion for summary judgment or summary adjudication to at least 81 days before the hearing on the motion. The bill would change the deadlines for filing an opposition to at least 20 days before the hearing and for filing a reply to at least 11 days before the hearing. The bill would prohibit a party from filing more than one motion for summary judgment against an adverse party without leave of court, as specified. The bill would also prohibit the introduction of new facts in a reply to an opposition to a motion for summary judgment, as specified.
Effective January 1, 2025.
AB 2283 by Assemblymember Blanca Pacheco (D-Downey) – Civil Actions: Electronic Service.
Existing law authorizes the service of documents in a civil action by electronic means pursuant to rules adopted by the Judicial Council. Existing law requires a court, on and after July 1, 2024, to electronically transmit those documents to a party who is subject to mandatory electronic service, or who has consented to accept electronic service, as specified.
This bill would extend the deadline for courts to comply with the requirement described above to July 1, 2025, and would make a conforming change to clarify that courts electronic transmittal of documents constitutes service of those documents.
This bill would declare that it is to take effect immediately as an urgency statute.
SB 1034 by Senator Kelly Seyarto (R-Murrieta) – California Public Records Act: State of Emergency.
The California Public Records Act requires state and local agencies to make their records available for public inspection, except as specified. Existing law requires each agency, within 10 days of a request for a copy of records, to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person of the determination and the reasons therefor. Existing law authorizes that time limit to be extended by no more than 14 days under unusual circumstances and defines unusual circumstances to include certain circumstances.
This bill would revise the unusual circumstances under which the time limit may be extended to include the need to search for, collect, and appropriately examine records during a state of emergency, as defined, proclaimed by the Governor in the jurisdiction where the agency is located when the state of emergency currently affects, due to the state of emergency, the agencys ability to timely respond to requests due to staffing shortages or closure of facilities where the requested records are located, except as specified.
Categorized in: Legal Procedure
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