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AB-1785 Pleadings: motion to strike.(2019-2020)

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Date Published: 03/28/2019 09:00 PM
AB1785:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1785


Introduced by Assembly Member Boerner Horvath

February 22, 2019


An act to amend Section 125260 of the Public Utilities Code, amend Section 904.1 of, and to add Section 425.7 to, the Code of Civil Procedure, relating to transportation. civil actions.


LEGISLATIVE COUNSEL'S DIGEST


AB 1785, as amended, Boerner Horvath. Transportation: North County Transit District.Pleadings: motion to strike.
Under existing law, a party to a civil action may file a motion to strike any irrelevant, false, or improper matter inserted in a pleading, or all or any part of a pleading not drawn or filed in conformity with California law, a court rule, or an order of the court.
This bill would permit a railroad owner or operator, or a government entity through which a railroad passes, to file a special motion to strike a cause of action seeking damages for an incident occurring in a portion of a railroad right-of-way open to the public. The court would be required to grant the special motion to strike unless the plaintiff establishes that there is a probability that the plaintiff will overcome all defenses asserted by the defendant and prevail on the claim. The bill would permit an appeal to be taken from an order granting or denying the special motion to strike.

Existing law creates the North County Transit District, with various powers and duties relative to the planning and operation of a transit system in north San Diego County. Existing law requires the district to plan, construct, and operate, or let a contract to operate, public transit systems in conformance with, and to the extent provided for in, specified laws.

This bill would make nonsubstantive changes to the latter provision.

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

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


SECTION 1.

 Section 425.7 is added to the Code of Civil Procedure, to read:

425.7.
 (a) (1)  A cause of action against a railroad owner or operator, or a government entity through which a railroad passes, seeking damages for an incident occurring in a portion of a railroad right-of-way open to the public shall be subject to a special motion to strike by the defendant, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will overcome all defenses asserted by the defendant and prevail on the claim.
(2) In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
(3) If the court determines that the plaintiff has established a probability that the plaintiff will overcome all defenses asserted by the defendant and prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding.
(b) The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.
(c) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.
(d) For purposes of this section, “complaint” includes “cross-complaint” and “petition,” “plaintiff” includes “cross-complainant” and “petitioner,” and “defendant” includes “cross-defendant” and “respondent.”
(e) An order granting or denying a special motion to strike shall be appealable under Section 904.1.

SEC. 2.

 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 an interlocutory judgment, other than as provided in paragraphs (8), (9), and (11), or 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, 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 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. 425.16 or 425.7.
(14) From a final order or judgment in a bifurcated proceeding regarding child custody or visitation rights.
(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.

SECTION 1.Section 125260 of the Public Utilities Code is amended to read:
125260.

The district shall plan, construct, and operate, or let a contract to operate, public transit systems in conformance with, and to the extent provided for in, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7).