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Assembly Bill 146 (Rosenthal – 1979)

Chapter 151, Statutes of 1979, AB 146

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

Section 36 was added to the Code of Civil Procedure following legislative passage of Assembly Bill 146.  (See Exhibit #1f)  Assembly member Herschel Rosenthal introduced the bill on December 18, 1978.  (See Exhibit #1a)  Assembly Bill 146 passed through the Legislature with little opposition.  (See Exhibit #13, document PE-1)  The bill was heard in the Judiciary Committees of both Houses.  (See Exhibit #3 and #6)  There were four amendments to the bill during the legislative process.  (See Exhibit #1b through #1e and #2)  Assembly Bill 146 was then approved by Governor Edmund G. Brown, Jr., and was chaptered by the Secretary of State as Chapter 151 of the Statutes of 1979.  (See Exhibit #1f and #2)

A brief summary of Assembly Bill 146 as it was last amended on April 24, 1979 is set forth in the Senate Democratic Caucus analysis.  (See Exhibit #8)  The analysis states:

Existing law gives a preference to the trial of certain specified actions.
This bill provides that a civil action shall be granted preference upon the motion of a party who has reached the age of 70 years, unless the court finds that the party does not have a substantial interest in the case as a whole.
It also permits the court to grant a preference when presented medical documentation of terminal illness or a showing of cause which satisfies the court that the interests of justice will be serviced by such preference.
(See Exhibit #8, page 1)