AB 3062

Bill Subjects

Abstract

(1) Existing law provides that in a civil action, before filing a demurrer, motion to strike, or motion for judgment on the pleadings, a party is required to meet and confer with the opposing party to try to resolve the objections or claims that would be raised in the filing. Existing law specifies certain requirements and procedures for this meet and confer process, and provides that these requirements and procedures are operative until January 1, 2021. This bill would extend these meet and confer requirements and procedures indefinitely. Because the moving party would be required to file a declaration under penalty of perjury describing the parties' efforts made to meet and confer, the bill would expand the scope of the crime of perjury and, therefore, impose a state-mandated local program. (2) Existing law provides that, until January 1, 2021, a party may amend a pleading once without leave of court before an answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before it is heard by the court if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion strike. Existing law permits a party to amend a pleading after the date for filing an opposition to a demurrer or motion to strike upon stipulation by the parties. This bill would extend this provision indefinitely. (3) Existing law provides that if a demurrer is sustained, the court may grant leave to amend a pleading upon terms that are just and fix the time within which the amendment or amended pleading shall be filed. Existing law provides that, until January 1, 2021, the court's authority to grant leave to amend is subject to a 3-amendment limitation for complaints and cross-complaints, except as specified. This bill would extend indefinitely the 3-amendment limitation on the court's authority to grant leave to amend after a demurrer is sustained. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.