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Assembly Bill 157 (Harris 1989)

Chapter 1416, Statutes of 1989, AB 157

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Sections relating to judicial proceedings in the Business and Professions Code, the Civil Code, the Code of Civil Procedure, the Evidence Code, the Government Code, and the Penal Code were affected in 1989 following legislative approval of Assembly Bill 157.  (See Exhibit #1f)  This measure was introduced by Assembly member Elihu M. Harris on December 19, 1988, but he was then was replaced later as author by the Assembly Committee on Judiciary.  (See Exhibit A, #1a and #1b)  The bill was called an omnibus civil procedure bill.   (See Exhibit A, #3)

 

The measure was heard in the Assembly Committee on Judiciary.  (See Exhibit A, #3)  Assembly Bill 157 was a simple bill as introduced, proposing to amend three provisions pertaining to creditors' remedies.  (See Exhibit A, #1a)  Assembly amendments of May 16, 1989 added extensive additional provisions.  (See Exhibit A, #1b)  Assembly Bill 157 was approved by the Assembly on June 22, 1989.  (See Exhibit A, #2)

 

In the Senate, the Committee on Judiciary heard the bill; it was amended on three occasions.  (See Exhibit A, #1, #2 and #5)  The Senate approved the measure on September 13, 1989, the Assembly accepted the Senate's amendments on September 15, 1989, and Assembly Bill 157 was signed by the Governor on October 2, 1989.  Assembly Bill 157 became Chapter 1416 of the Statutes of 1989.  (See Exhibit A, #1f and #2)

 

The Assembly amendments of May 16, 1989 referred to above converted Assembly Bill 157 into an "omnibus civil procedure bill."  (See Exhibit A, #1b and #3b)  According to the analysis prepared for the Senate Committee on Judiciary, the Assembly Committee on Judiciary was the source of the bill.  It also states “[t]he purpose of this bill is to enact various changes to the codes relating to the practice of law and judicial proceedings.”  (See Exhibit A, #5)

 

An analysis prepared for the Assembly Judiciary Committee provides:

 

Each year the Assembly Committee on Judiciary considers and passes a large number of non-controversial bills affecting civil practice and court procedure.  Some of these bills make technical changes in the statutory language of the Code of Civil Procedure or Evidence Code, while others make minor but important substantive improvements to the civil justice system.

 

This year, in order to expedite the review process and save Committee and authors' time (and avoid a large number of “small bills”), the Judiciary Committee is sponsoring this omnibus committee bill which will consolidate the noncontroversial proposals and bills in the area of civil procedure and practice.  The provisions in this measure have been reviewed by all affected and interested entities and most of them have been agreed to by all.  A few items are still subject to negotiation.  (See comments 3, 4, and 6)  Also, additional candidates for inclusion have been circulated and consensus items may be amended into the bill at a later time, subject to approval of all committee authors.

(See Exhibit A, #3a, page 1)