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SB-1327 Judgment by confession.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
SB1327:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1327

Introduced by Senator Wieckowski

February 21, 2020

An act to amend Section 1132 of the Code of Civil Procedure, relating to civil procedure.


LEGISLATIVE COUNSEL'S DIGEST


SB 1327, as introduced, Wieckowski. Judgment by confession.
Under existing law, a judgment by confession may be entered in any superior court without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, as specified.
This bill would make a nonsubstantive change to this 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 1132 of the Code of Civil Procedure is amended to read:

1132.
 (a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such The judgment may be entered in any superior court.
(b) A judgment by confession shall be entered only if an attorney independently representing the defendant signs a certificate that the attorney has examined the proposed judgment and has advised the defendant with respect to the waiver of rights and defenses under the confession of judgment procedure and has advised the defendant to utilize the confession of judgment procedure. The certificate shall be filed with the filing of the statement required by Section 1133.