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AB-3366 Judicial emergencies.(2019-2020)

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Date Published: 05/20/2020 09:00 PM
AB3366:v97#DOCUMENT

Amended  IN  Assembly  May 20, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3366


Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Holden, Kalra, Kiley, Maienschein, Obernolte, and Reyes)

March 05, 2020


An act to amend Section 354 of the Code of Civil Procedure, relating to civil actions. An act relating to judicial emergencies.


LEGISLATIVE COUNSEL'S DIGEST


AB 3366, as amended, Committee on Judiciary. Civil actions: statutes of limitation: emergencies. Judicial emergencies.
Existing law authorizes a presiding judge of a superior court to request that the Chairperson of the Judicial Council order the court to take certain actions when war, an act of terrorism, public unrest or calamity, epidemic, natural disaster, or other substantial risk to the health and welfare of court personnel or the public, or the danger thereof, threatens the orderly operation of the courts or makes court facilities unsafe, including, but not limited to, holding court sessions anywhere within the county, transferring civil cases to another county, or extending the time periods for bringing an action to trial, as specified.
This bill would state the intent of the Legislature to enact legislation to clarify the authority of the Chairperson of the Judicial Council to make specified orders under circumstances warranting relief that threaten the orderly operation of superior court locations in more than one county or that renders presence in, or access to, affected facilities unsafe.

Existing law requires a civil action to be commenced within a specified period of time after the cause of action on which the action is based accrues. Under existing law, that period of time varies based on the cause of action. Existing law provides that when a person is under a disability to commence a civil action due to the existence of a state of war, the time during which that disability continues is not part of the time period limited for the commencement of the action.

This bill would provide that a proclaimed state of emergency, as defined, constitutes a disability for purposes of the provisions described above.

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

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


SECTION 1.

 It is the intent of the Legislature to enact legislation to clarify the authority of the Chairperson of the Judicial Council to make one or more of the orders specified in Section 68115 of the Government Code under circumstances warranting relief that threaten the orderly operation of superior court locations in more than one county or that renders presence in, or access to, affected facilities unsafe.
SECTION 1.Section 354 of the Code of Civil Procedure is amended to read:
354.

(a)When a person is under a disability to commence an action by reason of the existence of a state of war or a proclaimed state of emergency the time of the continuance of the disability is not part of the period limited for the commencement of the action whether the cause of action shall have accrued prior to or during the period of the disability.

(b)For purposes of this section, a “proclaimed state of emergency” means a duly proclaimed state of emergency or local emergency pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).

(c)In the event of a proclaimed local emergency, as authorized in Article 14 (commencing with Section 8630) of Chapter 7 of Division 1 of Title 2 of the Government Code, any extension of time to commence a cause of action shall only apply if the local emergency has been proclaimed in the county in which the plaintiff resides or in the county with which the action is commenced.