Senate Bill 2337 (Kopp – 1988)
Chapter 1052, Statutes of 1988
Section 1714.10 was added to the Civil Code following legislative passage of Senate Bill 2337 which was introduced by Senator Quentin Kopp on February 18, 1988. (See Exhibits #1a and #1d) Senate Bill 2337 was a single-section bill that proposed only to add section 1714.10. (Id.) Senator Kopp carried this bill for the California Defense Counsel. (See Exhibits #10, page 2; and #11, document A-1)
While before the Legislature, Senate Bill 2337 was heard by the Senate Committee on Judiciary and the Assembly Committee on Judiciary’s Subcommittee on the Administration of Justice. (See Exhibits #3 and #6) Two amendments were made to the bill prior to its ultimate approval by the Legislature. (See Exhibits #1b, #1c, and #2) Governor George Deukmejian signed Senate Bill 2337 on September 20, 1988, and it was recorded on that date by the Secretary of State as Chapter 1052, Statutes of 1988. (See Exhibits #1d and #2)
As finally adopted, the Legislative Counsel’s Digest described the bill as follows:
This bill would prohibit a cause of action for civil conspiracy against an attorney and his or her client from being included in a complaint or other pleading unless the plaintiff demonstrates to the trial court a reasonable probability that he or she will prevail in the action, as specified. It would also require the plaintiff to file a verified petition accompanied by the proposed pleading alleging the civil conspiracy and supporting affidavits which shall toll the running of any applicable statute of limitations until the court’s final determination, as specified.
(See Exhibit #1d, page 1)