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AB-271 Appeals: class actions.(2011-2012)

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AB271:v98#DOCUMENT

Amended  IN  Assembly  March 15, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 271


Introduced  by  Assembly Member Nestande

February 07, 2011


An act to amend Section 904.1 of the Code of Civil Procedure, relating to appeals.


LEGISLATIVE COUNSEL'S DIGEST


AB 271, as amended, Nestande. Appeals: class actions.
Existing law specifies the judgments and orders from which an appeal may be taken to the court of appeal. Existing law also provides that, if the consent of any person who should have been joined as a plaintiff cannot be obtained, the person may be made a defendant.
This bill would add an order granting or denying class action certification, allowing appeal from the order at the discretion of the court of appeal. The bill would specify various factors the court would be required to consider in determining whether to allow the appeal require an appellate court to permit an appeal from an order granting or denying class action certification to join a defendant pursuant to those provisions if the petition to appeal is filed within 14 days of entry of the order.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 904.1 of the Code of Civil Procedure is amended to read:

904.1.
 (a) An appeal, other than in a limited civil case, is to the court of appeal. An appeal, other than in a limited civil case, may be taken from any of the following:
(1) From a judgment, except (A) an interlocutory judgment, other than as provided in paragraphs (8), (9), and (11), or (B) a judgment of contempt that is made final and conclusive by Section 1222.
(2) From an order made after a judgment made appealable by paragraph (1).
(3) From an order granting a motion to quash service of summons or granting a motion to stay the action on the ground of inconvenient forum, or from a written order of dismissal under Section 581d following an order granting a motion to dismiss the action on the ground of inconvenient forum.
(4) From an order granting a new trial or denying a motion for judgment notwithstanding the verdict.
(5) From an order discharging or refusing to discharge an attachment or granting a right to attach order.
(6) From an order granting or dissolving an injunction, or refusing to grant or dissolve an injunction.
(7) From an order appointing a receiver.
(8) From an interlocutory judgment, order, or decree, hereafter made or entered in an action to redeem real or personal property from a mortgage thereof, or a lien thereon, determining the right to redeem and directing an accounting.
(9) From an interlocutory judgment in an action for partition determining the rights and interests of the respective parties and directing partition to be made.
(10) From an order made appealable by the provisions of the Probate Code or the Family Code.
(11) From an interlocutory judgment directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).
(12) From an order directing payment of monetary sanctions by a party or an attorney for a party if the amount exceeds five thousand dollars ($5,000).
(13) From an order granting or denying a special motion to strike under Section 425.16.
(b) Sanction orders or judgments of five thousand dollars ($5,000) or less against a party or an attorney for a party may be reviewed on an appeal by that party after entry of final judgment in the main action, or, at the discretion of the court of appeal, may be reviewed upon petition for an extraordinary writ.
(c) A court of appeal may shall permit an appeal from an order granting or denying class action certification under Section 382 if the petition to appeal is filed within 14 days of the entry of the order. In reviewing a petition to determine whether to permit an appeal under this subdivision, the court shall consider the following circumstances:

(1)Whether the trial court’s order denying class status would effectively end the litigation and any reasonable possibility of prosecuting individual claims.

(2)Whether the trial court’s order granting class status would place substantial pressure on the defendant to settle without regard to the merits of the case.

(3)Whether an interlocutory appeal of the order would facilitate the development of the law pertaining to class actions.

(4)Whether the order granting or denying class certification is clearly erroneous.

(5)Whether any other special circumstances exist that are sufficient to justify an interlocutory appeal.