SB 543

Bill Subjects

Abstract

(1) Existing law provides that a party to an action in which it is alleged that 2 or more parties are joint tortfeasors or co-obligors on a contract debt is entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving a specified notice. In the alternative, a settling party may give notice of settlement to all parties and to the court, together with an application for a determination of good faith settlement and a proposed order. Existing law requires that the notice, application, and proposed order be given by certified mail, return receipt requested. This bill would provide that the notice, application, and proposed order may additionally be given by personal service. (2) Existing law provides for the service of documents in a civil action, and establishes procedures for the service of documents by mail, Express Mail or other means of overnight delivery, facsimile transmission, or electronic service, as specified. Existing law applies these procedures to methods of discovery or service of a motion, as provided. This bill would additionally apply existing procedures governing the personal service of documents to methods of discovery or the service of a motion, as provided. (3) Existing law authorizes a party to demand that all parties simultaneously exchange information concerning each other's expert trial witnesses. Existing law requires all parties who have appeared in the action to exchange information concerning expert witnesses in writing on or before the date of the exchange specified in the demand. Existing law permits the exchange of information to occur at a meeting of the attorneys for the parties involved or by a mailing on or before the date of exchange. This bill would revise the methods by which parties may exchange information concerning expert witnesses by authorizing the parties to follow the procedures described above that are applicable to personal, mail, and electronic service, as specified.