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CA AB2106

Bill

Status

Passed

7/10/2012

Primary Sponsor

Donald Wagner

Click for details

Origin

State Assembly

2011-2012 Session

AI Summary

  • Requires notice of intention to move for a new trial to be filed after the decision is rendered and before entry of judgment, or within 15 days of mailing notice of entry of judgment, or within 180 days after entry of judgment, whichever is earliest

  • Establishes a 60-day deadline for the court to rule on a motion to set aside and vacate a judgment, running from mailing of notice of entry of judgment or service of written notice of entry, whichever is earlier, or from filing of the first notice of intention if no notice has been given

  • Provides that if a motion to set aside and vacate a judgment is not determined within the 60-day period (or as extended), it is automatically denied without further court order

  • Specifies that a motion is considered "determined" only when an order ruling on the motion is either entered in the permanent court minutes or signed by the judge and filed with the clerk

  • Clarifies that time extensions under Section 1013 for mail service do not apply to the filing deadlines for notices of intention to move for a new trial or to set aside and vacate a judgment

Legislative Description

Civil procedure: motion to set aside and vacate a

Last Action

Chaptered by Secretary of State - Chapter 83, Statutes of 2012.

7/10/2012

Committee Referrals

Judiciary5/17/2012
Rules5/3/2012
Judiciary3/8/2012

Full Bill Text

No bill text available