Donald Wagner
- Republican
Author
Existing law requires the party intending to move for a new trial to file a notice of intention to move for a new trial, as specified, either before the entry of judgment or within 15 days of the date of mailing notice of entry of judgment by the clerk of the court or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. This bill would require that, when filing the motion before the entry of judgment, the filing be done after the decision is rendered. The bill would also make technical, nonsubstantive changes. Existing law establishes procedures by which a party to a court action may make a motion to set aside and vacate a judgment. Under existing law, a party intending to make such a motion is required to file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made and specifying the particulars, as described, either before the entry of judgment or within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court, or service by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. This bill would specify that the power of the court to rule on a motion to set aside and vacate a judgment shall expire 60 days from the mailing of notice of entry of judgment by the clerk of the court or 60 days after service upon the moving party by any party of written notice of entry of the judgment, whichever is earlier, or if that notice has not been given, then 60 days after filing of the first notice of intention to move to set aside and vacate the judgment. The bill would also specify that if that motion is not determined with the 60-day period, or within that period, as extended, the effect shall be a denial of the motion without further order of the court. The bill would further specify that a motion to set aside and vacate a judgment is not determined until a order ruling on the motion is either entered in the permanent minutes of the court or signed by the judge and filed with the clerk.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 83, Statutes of 2012.
Enrolled and presented to the Governor at 2 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 5416.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 23 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4027.).
Read second time and amended. Ordered to consent calendar.
From committee: Do pass as amended. To consent calendar. (Ayes 4. Noes 0.) (June 12).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 4677.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to consent calendar.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. To consent calendar. (Ayes 10. Noes 0.) (April 24).
In committee: Hearing postponed by committee.
From printer. May be heard in committee March 25.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2106 | HTML |
| 02/23/12 - Introduced | |
| 04/30/12 - Amended Assembly | |
| 05/24/12 - Amended Senate | |
| 06/18/12 - Amended Senate | |
| 06/26/12 - Enrolled | |
| 07/10/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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