Bill Text
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
Assembly Bill | No. 1056 |
Introduced by Assembly Member Kiley |
February 16, 2017 |
An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with Section 820) to Title 10 of Part 2 of, the Code of Civil Procedure, relating to civil claims.
LEGISLATIVE COUNSEL'S DIGEST
AB 1056, as introduced, Kiley.
Asbestos Tort Trust Transparency Act and trial preferences.
Existing law provides generally for procedures governing civil actions. Existing law imposes additional procedures that apply with respect to limited types of civil actions.
This bill would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require that a plaintiff disclose specified information with respect to any asbestos trusts, as defined, against which the plaintiff has or could pursue a claim, and entitle a defendant to discovery with respect to relevant information pertaining to the plaintiff held by other asbestos trusts and to pursue various motions.
This bill would require a plaintiff to serve certain sworn statements. By expanding the
scope of an existing crime, the bill would impose a state-mandated local program.
Existing law authorizes certain parties to petition the court for preference, and, if the court grants a motion for preference, requires the court to set the matter for trial not more than 120 days from the date the motion for preference is granted.
This bill would provide that a party to a civil action who is a veteran, as defined, is entitled to preference ahead of all parties who are no style="display:inline;">36. (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:
(1) The party has a substantial interest in the action as a whole.
(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.
(b) A civil action to recover damages for wrongful death or
personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.
(c) Unless the court otherwise orders:
(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.
(2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.
(d) In its discretion, the court may also grant a motion for preference that is
accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.
(e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.
(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance
beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any A
continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.
(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.
(h) In an asbestos tort action, as defined in Section 821, a plaintiff filing a motion for preference shall submit a sworn affidavit in support of the motion stating each of the following:
(1) That he or she has complied with the disclosure requirements of subdivision (a) of Section 822.
(2) That he or she has made a good faith effort to determine if there are any asbestos trusts against which he or she has a basis to make a claim and, if there are, that he or she has made claims with all of those asbestos trusts.
(i) A plaintiff in an asbestos trust action, as defined in Section 821, shall not be entitled to a trial preference if the plaintiff is subject to an order issued pursuant to Section 825.
(j) (1) A party to a civil action who is a veteran shall be entitled to preference ahead of all parties who are not veterans.
(2) For purposes of this section, “veteran” means any person who has served full time for 30 days or more in the armed forces in time of war or in time of peace in a campaign or expedition for service in which a medal has been authorized by the government of the United States, or during the period September 16, 1940, to January 31, 1955, inclusive, or who has served at least 181 consecutive days since January 31, 1955, and who has been discharged or released under conditions other than dishonorable, but does not include any person who served only in auxiliary or reserve components of the armed forces whose service therein did not
exempt him or her from the operation of the federal Selective Training and Service Act of 1940 (54 Stat. 885, as amended).