California New Legislation Highlights
There are some civil litigation updates that have changed or added features of procedures used or which will be used by many California litigators on a frequent basis, depending on practice areas. Here are our highlights:
1. Striking of Judges. Code Civ. Proc., § 170.6. Time period for judge disqualification upped from 10 to 15 days, with the moving party required to notify all other parties of the “striking” within five days after filing the “strike.”
2. Residential Foreclosures. Code Civ. Proc., § 1161a. Residential foreclosure nature of action must be included on the complaint’s face page.
3. Commercial Unlawful Detainer Actions. Revises the process for serving tenants with an unlawful detainer notice, providing three methods:
(a) personal delivery to a tenant; (b) if the tenant is absent from the rental property, sub-serve a copy on someone of suitable age/discretion at the property and then mail a copy to the tenant at the rental property address; and (c) if no sub-service can be made after reasonable diligence, affix a copy of the notice in a conspicuous place on the prperty and then mail a copy to the tenant at the rental property address.
4. Writs Issuance. Need to disclose near the case number box the type of legal entity with respect to the judgment debtor if not a natural person and include a statement indicating whether the case is limited or unlimited in nature. Sheriff likely will kick if this information is not there.
5. Expedited Jury Trials. Discussed in our January 8, 2011 post. Co-contributor Mike can vouch that Orange County judges are pushing this new procedure. At one law and motion hearing, an appearing attorney said he used this procedure in Riverside court, submitting medical reports to the jury and completing trial in a day. The attorney stated that both sides were pleased with how the trial went.
6. Electronic Service of Process. Code Civ. Proc., § 1010.6. This section authorizes service by either electronic transmission or electronic notification if a party has authorized service in one of these ways. There is a two court day extension for such service, much like that for express mail, overnight delivery, or fax transmission.
7. New Judicial Council Forms. Among others, there is a Proposed Order cover sheet, Exppedited Jury Trial Information Sheet, and Notice of Court Hearing form.