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CA AB1796

Bill

Status

Failed

11/30/2016

Primary Sponsor

Scott Wilk

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Requires persons seeking to intervene in civil actions to petition the court by noticed motion or ex parte application, rather than simply filing a complaint or answer, and to include a copy of the proposed complaint or answer in intervention with the petition.

  • Mandates that intervenors serve a copy of documents submitted to the court in support of the intervention request on all other parties in the manner provided by California Rules of Court.

  • Requires intervenors to separately file their complaint or answer in intervention and serve copies of the court's order granting leave to intervene and the pleadings on all parties, including those who have not appeared.

  • Permits courts to grant intervention if a statute confers an unconditional right, or if the person has an interest in the property or transaction at issue and existing parties do not adequately represent that interest.

  • Makes conforming changes to cost recovery and defense cost provisions to reflect that persons who file complaints or answers in intervention can be considered plaintiffs or defendants for purposes of those statutes.

Legislative Description

Civil actions: intervention.

Last Action

From committee: Without further action pursuant to Joint Rule 62(a).

11/30/2016

Committee Referrals

Judiciary3/31/2016
Rules3/17/2016
Judiciary2/18/2016

Full Bill Text

No bill text available