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ASSEMBLY BILL 361 (HARRIS – 1987)

CHAPTER 86, STATUTES OF 1987, AB 361

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As enacted Assembly Bill 361 amended numerous sections of the Code of Civil Procedure relating to discovery.  (See Exhibit #1g)  Assembly member Elihu M. Harris introduced this bill on January 22, 1987 as a clean-up measure to Assembly Bill 169 and Assembly Bill 1334 of 1986.  (See Exhibits #1a and #6a, page 3)  The changes proposed by Assembly Bill 361 were the result of meetings between representatives of the Discovery Commission, the Judicial Council, the State Bar of California, the California Defense Counsel, the California Trial Lawyers’ Association, the California Medical Association, and the insurance industry.  (See Exhibit #6a, page 3)

 

While before the Legislature, Assembly Bill 361 was heard by the Assembly and Senate Committees on Judiciary.  (See Exhibits #3 and #6)  Assembly Bill 361 was amended once in the Assembly and three times in the Senate.  (See Exhibits #1b through #1e and #2)  After passage by both of these Committees, and the Legislature as a whole, the measure was forwarded to the Governor for his signature on June 25, 1987.  On June 30, 1987, however, the action of sending the bill to the Governor was rescinded and the bill was returned to the Assembly and amended.  (See Exhibits #1f and #2)  The Assembly, on July 1, 1987, again concurred in the Senate’s amendments and forwarded the measure to Governor Deukmejian who signed it on that date.  (See Exhibits #1g, #2, and #15)  Assembly Bill 361 was recorded by the Secretary of State on July 2, 1987 as Chapter 86 of the Statutes of 1987.  (See Exhibits #1g and #2)

 

Assembly Bill 361 was an urgency bill going into immediate effect.  Section 22 of the bill notes the necessity for the urgency as follows:

 

     In order that necessary revisions to Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure (the Civil Discovery Act of 1986) may take effect prior to that act’s operative date, and to make related changes, it is necessary for this act to take effect immediately.

(See Exhibit #1g, pages 61 and 62)

 

In a letter to the Governor requesting his approval of Assembly Bill 361, Assembly member Harris describes the bill as follows:

 

AB 361 is the comprehensive civil discovery “clean up” measure I promised you when you signed AB 169 and AB 1334, the bills which constituted the Civil Discovery Act of 1986 last year.

(See Exhibit #14, document PE-2)