BILL NUMBER: AB 3471 CHAPTERED
BILL TEXT
CHAPTER 1159
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1996
APPROVED BY GOVERNOR SEPTEMBER 30, 1996
PASSED THE ASSEMBLY AUGUST 31, 1996
PASSED THE SENATE AUGUST 23, 1996
AMENDED IN SENATE AUGUST 5, 1996
AMENDED IN SENATE JUNE 20, 1996
AMENDED IN ASSEMBLY MAY 2, 1996
AMENDED IN ASSEMBLY APRIL 11, 1996
INTRODUCED BY Committee on Judiciary (Assembly Members Morrow
(Chairman), Alby, Battin, Baugh, Bowen, Davis, Goldsmith, House,
Kaloogian, Knight, Knowles, Machado, and Mazzoni)
MARCH 4, 1996
An act to amend Sections 116.340, 116.360, 116.370, 116.390,
116.570, 116.610, 116.820, 116.910, 405.22, 488.395, and 700.070 of,
and to add Section 1985.7 to, the Code of Civil Procedure, and to
amend Sections 68150, 68151, 68152, and 68616 of the Government Code,
relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 3471, Committee on Judiciary. Courts.
(1) Existing law prescribes the jurisdiction and procedures for
small claims court, as specified.
This bill would revise small claims court provisions governing
destruction of records; claims of a defendant; challenge to venue;
transfers of actions; postponements; judgments involving specific
property, and apportionment of filing fees, as specified.
(2) Existing law requires a claimant in certain civil actions to
notify all owners of record of real property as shown by the latest
county assessment roll or more recent assessment information in the
possession of the county assessor.
This bill would remove the latter requirement with respect to more
recent assessment information in the possession of the county
assessor.
(3) Existing law with respect to attachment provides for the
levying officer to place a keeper in charge of a going business, who
is required to take custody of the proceeds of all sales. The
levying officer is required to take tangible personal property into
exclusive custody, as specified.
This bill would require the levying officer to take custody of any
money or equivalent proceeds of the sale of a going business at the
end of each daily keeper period.
(4) Existing law makes a medical provider liable for specified
expenses if he or she fails to make patient records available to a
representative of the patient, as specified.
This bill would also require such a medical provider to respond to
an order to show cause with respect to that failure.
(5) Existing law specifies the manner by which trial court records
may be preserved, and the period of time during which these records
may not be destroyed. In general, the records in a civil case or a
small claims case may not be destroyed for at least 10 years after
final disposition of the case. Existing law creates numerous
exceptions to this provision, however. The records in a mental
health case brought pursuant to the Lanterman-Petris-Short Act, for
example, may not be destroyed for 30 years. In addition, existing
law permits the trial court clerk to destroy the records in a civil
case that has either been involuntarily dismissed by a court or
voluntarily dismissed by a party without entry of judgment after only
one year.
Existing law also provides that court records consist of specified
papers and documents, including administrative records and exhibits.
This bill would revise, recast, and clarify these provisions. The
bill would specify that court records include administrative records
filed in an action or proceeding and paper exhibits. The bill would
expand the exception permitting the destruction of records in a
civil case that has been dismissed, to apply to small claims cases.
The bill would also provide that the records in a mental health
case brought pursuant to the Lanterman Developmental Disabilities
Services Act may not be destroyed for 30 years. By increasing the
duties of local court employees, the bill would create a
state-mandated local program.
(6) Existing law with respect to trial court delay reduction
specifies the provisions governing discovery proceedings in civil
actions to which it applies.
This bill would specify that local rules of court may not shorten
the time periods set forth in those provisions.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116.340 of the Code of Civil Procedure is
amended to read:
116.340. (a) Service of the claim and order on the defendant may
be made by any one of the following methods:
(1) The clerk may cause a copy of the claim and order to be mailed
to the defendant by any form of mail providing for a return receipt.
(2) The plaintiff may cause a copy of the claim and order to be
delivered to the defendant in person.
(3) The plaintiff may cause service of a copy of the claim and
order to be made by substituted service as provided in subdivision
(a) or (b) of Section 415.20 without the need to attempt personal
service on the defendant. For these purposes, substituted service as
provided in subdivision (b) of Section 415.20 may be made at the
office of the sheriff or marshal who shall deliver a copy of the
claim and order to any person authorized by the defendant to receive
service, as provided in Section 416.90, who is at least 18 years of
age, and thereafter mailing a copy of the claim and order to the
defendant's usual mailing address.
(4) The clerk may cause a copy of the claim to be mailed, the
order to be issued, and a copy of the order to be mailed as provided
in subdivision (b) of Section 116.330.
(b) Service of the claim and order on the defendant shall be
completed at least 10 days before the hearing date if the defendant
resides within the county in which the action is filed, or at least
15 days before the hearing date if the defendant resides outside the
county in which the action is filed.
(c) Service by the methods described in subdivision (a) shall be
deemed complete on the date that the defendant signs the mail return
receipt, on the date of the personal service, as provided in Section
415.20, or as established by other competent evidence, whichever
applies to the method of service used.
(d) Service shall be made within this state, except as provided in
subdivisions (e) and (f).
(e) The owner of record of real property in California who resides
in another state and who has no lawfully designated agent in
California for service of process may be served by any of the methods
described in this section if the claim relates to that property.
(f) A nonresident owner or operator of a motor vehicle involved in
an accident within this state may be served pursuant to the
provisions on constructive service in Sections 17450 to 17461,
inclusive, of the Vehicle Code without regard to whether the
defendant was a nonresident at the time of the accident or when the
claim was filed. Service shall be made by serving both the Director
of the California Department of Motor Vehicles and the defendant, and
may be made by any of the methods authorized by this chapter or by
registered mail as authorized by Section 17454 or 17455 of the
Vehicle Code.
(g) If an action is filed against a principal and his or her
guaranty or surety pursuant to a guarantor or suretyship agreement, a
reasonable attempt shall be made to complete service on the
principal. If service is not completed on the principal, the action
shall be transferred to the court of appropriate jurisdiction.
SEC. 2. Section 116.360 of the Code of Civil Procedure is amended
to read:
116.360. (a) The defendant may file a claim against the plaintiff
in the same action in an amount not to exceed the jurisdictional
limits stated in Sections 116.220 and 116.231. The claim need not
relate to the same subject or event as the plaintiff's claim.
(b) The defendant's claim shall be filed and served in the manner
provided for filing and serving a claim of the plaintiff under
Sections 116.330 and 116.340.
(c) The defendant shall cause a copy of the claim and order to be
served on the plaintiff at least five days before the hearing date,
unless the defendant was served 10 days or less before the hearing
date, in which event the defendant shall cause a copy of the
defendant's claim and order to be served on the plaintiff at least
one day before the hearing date.
SEC. 3. Section 116.370 of the Code of Civil Procedure is amended
to read:
116.370. (a) Venue in small claims actions shall be the same as
in other civil actions.
(b) A defendant may challenge venue by writing to the court and
mailing a copy of the challenge to each of the other parties to the
action, without personally appearing at the hearing.
(c) In all cases, including those in which the defendant does not
either challenge venue or appear at the hearing, the court shall
inquire into the facts sufficiently to determine whether venue is
proper, and shall make its determination accordingly.
(1) If the court determines that the action was not commenced in
the proper venue, the court, on its own motion, shall dismiss the
action without prejudice unless all defendants are present and agree
that the action may be heard.
(2) If the court determines that the action was commenced in the
proper venue, the court may hear the case if all parties are present.
If the defendant challenged venue and all parties are not present,
the court shall postpone the hearing for at least 15 days and shall
notify all parties by mail of the court's decision and the new
hearing date, time, and place.
SEC. 4. Section 116.390 of the Code of Civil Procedure is amended
to read:
116.390. (a) If a defendant has a claim against a plaintiff that
exceeds the jurisdictional limits stated in Sections 116.220 and
116.231, and the claim relates to the contract, transaction, matter,
or event which is the subject of the plaintiff's claim, the defendant
may commence an action against the plaintiff in a court of competent
jurisdiction and request the small claims court to transfer the
small claims action to that court.
(b) The defendant may make the request by filing with the small
claims court in which the plaintiff commenced the action, at or
before the time set for the hearing of that action, a declaration
stating the facts concerning the defendant's action against the
plaintiff with a true copy of the complaint so filed by the defendant
against the plaintiff and the sum of one dollar ($1) for a
transmittal fee. The defendant shall cause a copy of the declaration
and complaint to be personally delivered to the plaintiff at or
before the time set for the hearing of the small claims action.
(c) In ruling on a motion to transfer, the small claims court may
do any of the following: (1) render judgment on the small claims
case prior to the transfer; (2) not render judgment and transfer the
small claims case; (3) refuse to transfer the small claims case on
the grounds that the ends of justice would not be served. If the
small claims action is transferred prior to judgment, both actions
shall be tried together in the transferee court.
(d) When the small claims court orders the action transferred, it
shall transmit all files and papers to the transferee court.
(e) The plaintiff in the small claims action shall not be required
to pay to the clerk of the transferee court any transmittal,
appearance, or filing fee unless the plaintiff appears in the
transferee court, in which event the plaintiff shall be required to
pay the filing fee and any other fee required of a defendant in the
transferee court. However, if the transferee court rules against the
plaintiff in the action filed in that court, the court may award to
the defendant in that action the costs incurred as a consequence of
the transfer, including attorney's fees and filing fees.
SEC. 5. Section 116.570 of the Code of Civil Procedure is amended
to read:
116.570. (a) Any party may submit a written request for
postponement of a hearing date.
(1) The written request may be made either by letter or on a form
adopted or approved by the Judicial Council.
(2) On the date of making the written request, the requesting
party shall mail or personally deliver a copy to each of the other
parties to the action.
(3) If the court finds that the interests of justice would be
served by postponing the hearing, the court shall postpone the
hearing, and shall notify all parties by mail of the new hearing
date, time, and place.
(4) The court shall provide a prompt response by mail to any
person making a written request for postponement of a hearing date
under this subdivision.
(b) If service of the claim and order upon the defendant is not
completed within the number of days before the hearing date required
by subdivision (b) of Section 116.340, and the defendant has not
personally appeared and has not requested a postponement, the court
shall postpone the hearing for at least 15 days. If a postponement
is ordered under this subdivision, the clerk shall promptly notify
all parties by mail of the new hearing date, time, and place.
(c) Nothing in this section limits the inherent power of the court
to order postponements of hearings in appropriate circumstances.
(d) A fee of ten dollars ($10) shall be charged and collected for
the filing of a request for postponement and rescheduling of a
hearing date after timely service pursuant to subdivision (b) of
Section 116.340 has been made upon the defendant.
SEC. 6. Section 116.610 of the Code of Civil Procedure is amended
to read:
116.610. (a) The small claims court shall give judgment for
damages, or equitable relief, or both damages and equitable relief,
within the jurisdictional limits stated in Sections 116.220 and
116.231, and may make such orders as to time of payment or otherwise
as the court deems just and equitable for the resolution of the
dispute.
(b) The court may, at its discretion or on request of any party,
continue the matter to a later date in order to permit and encourage
the parties to attempt resolution by informal or alternative means.
(c) The judgment shall include a determination whether the
judgment resulted from a motor vehicle accident on a California
highway caused by the defendant's operation of a motor vehicle, or by
the operation by some other individual, of a motor vehicle
registered in the defendant's name.
(d) If the defendant has filed a claim against the plaintiff, or
if the judgment is against two or more defendants, the judgment, and
the statement of decision if one is rendered, shall specify the basis
for and the character and amount of the liability of each of the
parties, including, in the case of multiple judgment debtors, whether
the liability of each is joint or several.
(e) If specific property is referred to in the judgment, whether
it be personal or real, tangible or intangible, the property shall be
identified with sufficient detail to permit efficient implementation
or enforcement of the judgment.
(f) In an action against several defendants, the court may, in its
discretion, render judgment against one or more of them, leaving the
action to proceed against the others, whenever a several judgment is
proper.
(g) The prevailing party is entitled to the costs of the action,
including the costs of serving the order for the appearance of the
defendant.
(h) When the court renders judgment, the clerk shall promptly
deliver or mail notice of entry of the judgment to the parties, and
shall execute a certificate of personal delivery or mailing and place
it in the file.
(i) The notice of entry of judgment shall be on a form approved or
adopted by the Judicial Council.
SEC. 7. Section 116.820 of the Code of Civil Procedure is amended
to read:
116.820. (a) The judgment of a small claims court may be enforced
as provided in Title 9 (commencing with Section 680.010) of Part 2
and in Sections 674 and 1174 on the enforcement of judgments of other
courts. A judgment of the superior court after a hearing on appeal,
and after transfer to the small claims court under subdivision (d)
of Section 116.780, may be enforced like other judgments of the small
claims court, as provided in Title 9 (commencing with Section
680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of
judgments of other courts.
(b) Fees as provided in Sections 26828, 26830, and 26834 of the
Government Code shall be charged and collected by the clerk for the
issuance of a writ of execution, an order of examination of a
judgment debtor, or an abstract of judgment.
(c) The prevailing party in any action subject to this chapter is
entitled to the costs of enforcing the judgment and accrued interest.
SEC. 8. Section 116.910 of the Code of Civil Procedure is amended
to read:
116.910. (a) Except as provided in this chapter (including, but
not limited to, Section 116.230), no fee or charge shall be collected
by any officer for any service provided under this chapter.
(b) All fees collected under this chapter shall be deposited with
the treasurer of the city and county or county in whose jurisdiction
the court is located.
(c) Six dollars ($6) of each fifteen dollar ($15) fee and fourteen
dollars ($14) of each thirty dollar ($30) fee charged and collected
under subdivision (a) of Section 116.230 shall be deposited by each
county in a special account. Of the money deposited in this account:
(1) In counties with a population of less than 4,000,000, a
minimum of 50 percent shall be used to fund the small claims adviser
service described in Section 116.940. The remainder of these funds
shall be used for court and court-related programs. Records of these
moneys shall be available for inspection by the public on request.
(2) In counties with a population of at least 4,000,000, not less
than five hundred thousand dollars ($500,000) shall be used to fund
the small claims adviser service described in Section 116.940. That
amount shall be increased each fiscal year by an amount equal to the
percentage increase in revenues derived from small claims court
filing fees over the prior fiscal year. The remainder of these funds
shall be used for court and court-related programs. Records of
these moneys shall be available for inspection by the public on
request.
(d) This section and Section 116.940 shall not be applied in any
manner that results in a reduction of the level of services, or the
amount of funds allocated for providing the services described in
Section 116.940, that are in existence in each county during the
fiscal year 1989-90. Nothing in this section shall preclude the
county from procuring other funding, including state court block
grants, to comply with the requirements of Section 116.940.
SEC. 9. Section 405.22 of the Code of Civil Procedure is amended
to read:
405.22. Except in actions subject to Section 405.6, the claimant
shall, prior to recordation of the notice, cause a copy of the notice
to be mailed, by registered or certified mail, return receipt
requested, to all known addresses of the parties to whom the real
property claim is adverse and to all owners of record of the real
property affected by the real property claim as shown by the latest
county assessment roll. If there is no known address for service on
an adverse party or owner, then as to that party or owner a
declaration under penalty of perjury to that effect shall be recorded
instead of the proof of service required above, and the service on
that party or owner shall not be required. Immediately following
recordation, a copy of the notice shall also be filed with the court
in which the action is pending. Service shall also be made
immediately and in the same manner upon each adverse party later
joined in the action.
SEC. 10. Section 488.395 of the Code of Civil Procedure is amended
to read:
488.395. Except as specified in subdivision (e) and as provided
by Sections 488.325 and 488.405:
(a) To attach farm products or inventory of a going business in
the possession or under the control of the defendant, the levying
officer shall place a keeper in charge of the property for the period
prescribed by subdivisions (b) and (c). During the keeper period,
the business may continue to operate in the ordinary course of
business provided that all sales are final and are for cash or its
equivalent. For the purpose of this subdivision, a check is the
equivalent of cash. The levying officer is not liable for accepting
payment in the form of a cash equivalent. The keeper shall take
custody of the proceeds from all sales unless otherwise directed by
the plaintiff.
(b) Subject to subdivision (c), the period during which the
business may continue to operate under the keeper is:
(1) Ten days, if the defendant is a natural person and the writ of
attachment has been issued ex parte pursuant to Article 3
(commencing with Section 484.510) of Chapter 4 or pursuant to Chapter
5 (commencing with Section 485.010).
(2) Two days, in cases not described in paragraph (1).
(c) Unless some other disposition is agreed upon by the plaintiff
and the defendant, the levying officer shall take the farm products
or inventory into exclusive custody at the earlier of the following
times:
(1) At any time the defendant objects to placement of a keeper in
charge of the business.
(2) At the conclusion of the applicable period prescribed by
subdivision (b).
(d) A defendant described in paragraph (1) of subdivision (b) may
claim an exemption pursuant to subdivision (b) of Section 487.020 by
following the procedure set forth in subdivision (c) of Section
482.100 except that the requirement of showing changed circumstances
under subdivision (a) of Section 482.100 does not apply. Upon a
showing that the property is exempt pursuant to subdivision (b) of
Section 487.020, the court shall order the release of the exempt
property and may make such further order as the court deems
appropriate to protect against frustration of the collection of the
plaintiff's claim. The order may permit the plaintiff to attach farm
products or inventory of the going business and proceeds or
after-acquired property, or both, by filing pursuant to Section
488.405 and may provide reasonable restrictions on the disposition of
the property previously attached.
(e) This section does not apply to the placement of a keeper in a
business for the purpose of attaching tangible personal property
consisting solely of money or equivalent proceeds of sales, which
shall be conducted in the same manner as provided in Section 700.070.
SEC. 11. Section 700.070 of the Code of Civil Procedure is amended
to read:
700.070. To levy upon tangible personal property of a going
business in the possession or under the control of the judgment
debtor, the levying officer shall comply with Section 700.030, except
to the extent that the judgment creditor instructs that levy be made
in the following manner:
(a) The levying officer shall place a keeper in charge of the
business for the period requested by the judgment creditor. During
the period, the business may continue to operate in the ordinary
course of business provided that all sales are final and are for cash
or its equivalent. For the purpose of this subdivision, a check is
the equivalent of cash. The levying officer is not liable for
accepting payment in the form of a cash equivalent. The keeper shall
take custody of the proceeds from all sales unless otherwise
directed by the judgment creditor.
(b) The levying officer shall take the tangible personal property
into exclusive custody at the earliest of the following times:
(1) At any time the judgment debtor objects to placement of a
keeper in charge of the business.
(2) At any time when requested by the judgment creditor.
(3) At the end of 10 days from the time the keeper is placed in
charge of the business.
(c) Where a keeper is placed in a business for the purpose of
taking into custody tangible personal property consisting solely of
money or equivalent proceeds of sales, the provisions of subdivision
(b) shall not apply, and the levying officer shall take such property
into exclusive custody at the end of each daily keeper period.
SEC. 12. Section 1985.7 is added to the Code of Civil Procedure,
to read:
1985.7. When a medical provider fails to comply with Section 1158
of the Evidence Code, in addition to any other available remedy, the
demanding party may apply to the court for an order to show cause
why the records should not be produced.
Any order to show cause issued pursuant to this section shall be
served upon respondent in the same manner as a summons. It shall be
returnable no sooner than 20 days after issuance unless ordered
otherwise upon a showing of substantial hardship. The court shall
impose monetary sanctions pursuant to Section 1158 of the Evidence
Code unless it finds that the person subject to the sanction acted
with substantial justification or that other circumstances make the
imposition of the sanction unjust.
SEC. 13. Section 68150 of the Government Code is amended to read:
68150. (a) Trial court records may be preserved in any form of
communication or representation, including optical, electronic,
magnetic, micrographic, or photographic media or other technology
capable of accurately producing or reproducing the original record
according to minimum standards or guidelines for the preservation and
reproduction of the medium adopted by the American National
Standards Institute or the Association for Information and Image
Management.
Specifications for electronic recordings made as the official
record of the oral proceedings shall be governed by the California
Rules of Court.
(b) No additions, deletions, or changes shall be made to the
content of the record. The records shall be indexed for convenient
access.
(c) A copy of the record preserved or reproduced according to
subdivisions (a) and (b) shall be deemed the original court record
and may be certified as a correct copy of the original record.
(d) A court record preserved or reproduced in accordance with
subdivisions (a) and (b) shall be stored in a manner and in a place
that reasonably assures its preservation against loss, theft,
defacement, or destruction for the prescribed retention period under
Section 68152. Electronic recordings made as the official record of
the oral proceedings shall not require a backup copy unless otherwise
specified in the California Rules of Court.
(e) The court record that was reproduced in accordance with
subdivisions (a) and (b) may be disposed of in accordance with the
procedure under Section 68153, unless it is subject to subdivision
(f).
(f) The following court records may be preserved or reproduced
under subdivisions (a) and (b) but shall also be preserved on paper,
microfilm, or in another form of communication or representation
approved by and in accordance with standards that are defined as
archival by the American National Standards Institute for the
duration of the record's retention period:
(1) The comprehensive historical and sample superior court records
preserved for research under the California Rules of Court.
(2) Court records that are preserved permanently.
Court records that must be preserved longer than 10 years but not
permanently may be reproduced on media other than paper or microfilm
using technology authorized under subdivisions (a) and (b). However
the records shall be reproduced before the expiration of their
estimated lifespan for the medium in which they are stored as
specified in subdivision (g).
(g) Instructions for access to data stored on a medium other than
paper shall be documented. Each court shall conduct a periodic
review of the media in which the court records are stored to assure
that the storage medium is not obsolete and that current technology
is capable of accessing and reproducing the records. The court shall
reproduce records before the expiration of their estimated lifespan
for the medium in which they are stored according to minimum
standards and guidelines for the preservation and reproduction of the
medium adopted by the American National Standards Institute or the
Association for Information and Image Management.
(h) Court records preserved or reproduced under subdivisions (a)
and (b) shall be made reasonably accessible to all members of the
public for viewing and duplication as would the paper records.
Reasonable provision shall be made for duplicating the records at
cost. Cost shall consist of all costs associated with duplicating
the records as determined by the court.
SEC. 14. Section 68151 of the Government Code is amended to read:
68151. The following definitions apply to this chapter:
(a) "Court record" shall consist of the following:
(1) All filed papers and documents in the case folder; but if no
case folder is created by the court, all filed papers and documents
that would have been in the case folder if one had been created.
(2) Administrative records filed in an action or proceeding,
depositions, paper exhibits, transcripts, including preliminary
hearing transcripts, and tapes of electronically recorded proceedings
filed, lodged, or maintained in connection with the case, unless
disposed of earlier in the case pursuant to law.
(3) Other records listed under subdivision (j) of Section 68152.
(b) "Notice of destruction and no transfer" means that the clerk
has given notice of destruction of the superior court records open to
public inspection, and that there is no request and order for
transfer of the records as provided in the California Rules of Court.
(c) "Final disposition of the case" means that an acquittal,
dismissal, or order of judgment has been entered in the case or
proceeding, the judgment has become final, and no postjudgment
motions or appeals are pending in the case or for the reviewing court
upon the mailing of notice of the issuance of the remittitur.
In a criminal prosecution, the order of judgment shall mean
imposition of sentence, entry of an appealable order (including, but
not limited to, an order granting probation, commitment of a
defendant for insanity, or commitment of a defendant as a narcotics
addict appealable under Section 1237 of the Penal Code), or
forfeiture of bail without issuance of a bench warrant or calendaring
of other proceedings.
(d) "Retain permanently" means that the original court records
shall never be transferred or destroyed.
SEC. 15. Section 68152 of the Government Code is amended to read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the
categories listed:
(a) Adoption: retain permanently.
(b) Change of name: retain permanently.
(c) Other civil actions and proceedings, as follows:
(1) Except as otherwise specified: 10 years.
(2) Where a party appears by a guardian ad litem: 10 years after
termination of the court's jurisdiction.
(3) Domestic violence: same period as duration of the restraining
or other orders and any renewals, then retain the restraining or
other orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
(4) Eminent domain: retain permanently.
(5) Family law, except as otherwise specified: 30 years.
(6) Harassment: same period as duration of the injunction and any
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
(7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act): 30 years.
(8) Paternity: retain permanently.
(9) Petition, except as otherwise specified: 10 years.
(10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
(11) Small claims: 10 years.
(12) Unlawful detainer: one year if judgment is for possession of
the premises; 10 years if judgment is for money.
(d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
(2) Voluntarily dismissed by a party without entry of judgment:
one year.
Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
(e) Criminal.
(1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty): retain permanently. If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
(2) Felony, except as otherwise specified: 75 years.
(3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
(4) Misdemeanor, except as otherwise specified: five years.
(5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified: three years.
(6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code: seven years.
(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, or 23109 of the Vehicle Code: five years.
(8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), or (e) of Section 11357 of the Health and Safety Code,
or subdivision (b) of Section 11360 of the Health and Safety Code in
accordance with the procedure set forth in Section 11361.5 of the
Health and Safety Code: records shall be destroyed two years from
the date of conviction or from the date of arrest if no conviction.
(9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance: three years.
(10) Infraction, except as otherwise specified: three years.
(11) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
(f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
(g) Juvenile.
(1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
(2) Ward (Section 601 of the Welfare and Institutions Code): upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
(3) Ward (Section 602 of the Welfare and Institutions Code): upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching
age 21 or five years after jurisdiction over the person has
terminated under subdivision (c) of Section 826 of the Welfare and
Institutions Code. May be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e) of Section 11357
of the Health and Safety Code in accordance with procedures specified
in subdivision (a) of Section 11361.5 of the Health and Safety Code:
upon reaching age 18 the records shall be destroyed.
(h) Probate.
(1) Conservatorship: 10 years after decree of termination.
(2) Guardianship: 10 years after the age of 18.
(3) Probate, including probated wills, except as otherwise
specified: retain permanently.
(i) Court records of the appellate department of the trial court:
five years.
(j) Other records.
(1) Applications in forma pauperis: same period as period for
retention of the records in the underlying case category.
(2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
(3) Bench warrant: same period as period for retention of the
records in the underlying case category.
(4) Bond: three years after exoneration and release.
(5) Coroner's inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
(6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
(7) Court reporter notes: 10 years after the notes have been
taken in criminal and juvenile proceedings and five years after the
notes have been taken in all other proceedings, except notes
reporting proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
(8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after
final disposition of the case in infraction and misdemeanor
proceedings, 10 years in all other criminal proceedings, and five
years in all other proceedings.
(9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time
either before or after final disposition of the case.
(10) Index, except as otherwise specified: retain permanently.
(11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
(12) Judgments within the jurisdiction of the superior court:
retain permanently.
(13) Judgments within the jurisdiction of the municipal and
justice court: same period as period for retention of the records in
the underlying case category.
(14) Minutes: same period as period for retention of the records
in the underlying case category.
(15) Naturalization index: retain permanently.
(16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
(17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
(18) Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
(k) Retention of any of the court records under this section shall
be extended as follows:
(1) By order of the court on its own motion, or on application of
a party or any interested member of the public for good cause shown
and on such terms as are just. No fee shall be charged for making
the application.
(2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
SEC. 16. Section 68616 of the Government Code, as amended by
Section 7 of Chapter 1261 of the Statutes of 1993, is amended to
read:
68616. Delay reduction rules shall not require shorter time
periods than as follows:
(a) Service of the complaint within 60 days after filing.
Exceptions, for longer periods of time, may be granted as authorized
by local rule.
(b) Service of responsive pleadings within 30 days after service
of the complaint. The parties may stipulate to an additional 15
days. Exceptions, for longer periods of time, may be granted as
authorized by local rule.
(c) Time for service of notice or other paper under Sections 1005
and 1013 of the Code of Civil Procedure and time to plead after
service of summons under Section 412.20 of the Code of Civil
Procedure shall not be shortened except as provided in those
sections.
(d) Within 30 days of service of the responsive pleadings, the
parties may, by stipulation filed with the court, agree to a single
continuance not to exceed 30 days.
It is the intent of the Legislature that these stipulations not
detract from the efforts of the courts to comply with standards of
timely disposition. To this extent, the Judicial Council shall
develop statistics that distinguish between cases involving, and not
involving, these stipulations.
(e) No status conference, or similar event, other than a challenge
to the jurisdiction of the court, may be required to be conducted
sooner than 30 days after service of the first responsive pleadings,
or no sooner than 30 days after expiration of a stipulated
continuance, if any, pursuant to subdivision (d).
(f) Article 3 (commencing with Section 2016) of Chapter 3 of Title
3 of Part 4 of the Code of Civil Procedure shall govern discovery,
except in arbitration proceedings, and the time periods set forth in
that article may not be shortened by local rule.
(g) An order referring an action to arbitration or mediation may
be made at any status conference held in accordance with subdivision
(e), provided that any arbitration ordered may not commence prior to
210 days after the filing of the complaint, exclusive of the
stipulated period provided in subdivision (d). Any mediation ordered
pursuant to Section 1775.3 of the Code of Civil Procedure may be
commenced prior to 210 days after the filing of the complaint,
exclusive of the stipulated period provided in subdivision (d). No
rule adopted pursuant to this article may contravene Sections 638 and
639 of the Code of Civil Procedure.
(h) Unnamed (DOE) defendants shall not be dismissed prior to the
conclusion of the introduction of evidence at trial, except upon
stipulation or motion of the parties.
(i) Notwithstanding Section 170.6 of the Code of Civil Procedure,
in direct calendar courts, challenges pursuant to that section shall
be exercised within 15 days of the party's first appearance. Master
calendar courts shall be governed solely by Section 170.6 of the Code
of Civil Procedure.
(j) This section applies to all cases subject to this article
which are filed on or after January 1, 1991.
(k) This section shall remain in effect only until January 1,
1999, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1999, deletes or extends
that date.
SEC. 17. Section 68616 of the Government Code, as added by Section
8 of Chapter 1261 of the Statutes of 1993, is amended to read:
68616. Delay reduction rules shall not require shorter time
periods than as follows:
(a) Service of the complaint within 60 days after filing.
Exceptions, for longer periods of time, may be granted as authorized
by local rule.
(b) Service of responsive pleadings within 30 days after service
of the complaint. The parties may stipulate to an additional 15
days. Exceptions, for longer periods of time, may be granted as
authorized by local rule.
(c) Time for service of notice or other paper under Sections 1005
and 1013 of the Code of Civil Procedure and time to plead after
service of summons under Section 412.20 of the Code of Civil
Procedure shall not be shortened except as provided in those
sections.
(d) Within 30 days of service of the responsive pleadings, the
parties may, by stipulation filed with the court, agree to a single
continuance not to exceed 30 days.
It is the intent of the Legislature that these stipulations not
detract from the efforts of the courts to comply with standards of
timely disposition. To this extent, the Judicial Council shall
develop statistics that distinguish between cases involving, and not
involving, these stipulations.
(e) No status conference, or similar event, other than a challenge
to the jurisdiction of the court, may be required to be conducted
sooner than 30 days after service of the first responsive pleadings,
or no sooner than 30 days after expiration of a stipulated
continuance, if any, pursuant to subdivision (d).
(f) Article 3 (commencing with Section 2016) of Chapter 3 of Title
3 of Part 4 of the Code of Civil Procedure shall govern discovery,
except in arbitration proceedings, and the time periods set forth in
that article may not be shortened by local rule.
(g) No case may be referred to arbitration prior to 210 days after
the filing of the complaint, exclusive of the stipulated period
provided for in subdivision (d). No rule adopted pursuant to this
article may contravene Sections 638 and 639 of the Code of Civil
Procedure.
(h) Unnamed (DOE) defendants shall not be dismissed prior to the
conclusion of the introduction of evidence at trial, except upon
stipulation or motion of the parties.
(i) Notwithstanding Section 170.6 of the Code of Civil Procedure,
in direct calendar courts, challenges pursuant to that section shall
be exercised within 15 days of the party's first appearance. Master
calendar courts shall be governed solely by Section 170.6 of the Code
of Civil Procedure.
(j) This section applies to all cases subject to this article
which are filed on or after January 1, 1991.
(k) This section shall become operative on January 1, 1999.
SEC. 18. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.