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AB-2395 Civil actions: pro per litigant costs.(2011-2012)

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AB2395:v98#DOCUMENT

Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2395


Introduced  by  Assembly Member Davis

February 24, 2012


An act to amend Section 300 of the Business and Professions Code, relating to consumer affairs. add Section 1033.6 to the Code of Civil Procedure, relating to civil actions.


LEGISLATIVE COUNSEL'S DIGEST


AB 2395, as amended, Davis. Consumer affairs. Civil actions: pro per litigant costs.
Existing law provides that a prevailing party is entitled as a matter of right to recover costs in any action or proceeding, and specifies those items allowable as costs.
This bill would require, in civil proceedings in which a pro per litigant is the prevailing party, that the court, upon motion, award reasonable compensation to the prevailing party for the time and effort required to litigate the matter. The bill would require the court to base the reasonable compensation on the standard rate of compensation for a paralegal assistant in the local market and any economic hardship suffered by the prevailing party in litigating the matter.

Existing law, the Consumer Affairs Act, provides authority to the Director of Consumer Affairs to take specified actions to protect and promote the interests of consumers in the state.

This bill would make technical, nonsubstantive changes to the provision naming that act.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1033.6 is added to the Code of Civil Procedure, to read:

1033.6.
 (a) In any civil proceeding in which a pro per litigant is the prevailing party, the court, upon motion, shall award reasonable compensation to the prevailing party for the time and effort required to litigate the matter. The reasonable compensation award by the court pursuant to this section shall be based on both of the following factors:
(1) The standard rate of compensation for a paralegal assistant in the local market.
(2) Any economic hardship suffered by the prevailing party in litigating the matter.
(b) This section shall not apply to unlawful detainer actions.

SECTION 1.Section 300 of the Business and Professions Code is amended to read:
300.

This chapter may be known, and cited, as the Consumer Affairs Act.