CIVIL PROCEDURE
Small Claims (CCP § 116.221, etc.):
Raises jurisdictional limit, for individuals only, to $7,500, requires itemization of debt and payments, raises fees, requires pro-tems to pass law and ethics course every three years, modifies deadline for cases to be heard, limits recoverable costs of service of process, limits court's power to correct decision.
Sanctions (CCP §§ 128.6, 128.7):
Removes the hold on sanctions under CCP § 128.6. Frivolous Actions or Delaying Tactics (which replicates § 128.5 as to current cases) and makes § 128.7 no longer subject to automatic repeal.
Disqualification of Judge Who Discusses Employment with "Neutrals" (CCP § 170.1):
Abrogates interpretation of law in Hartford Casualty Ins. Co. v. Superior Court (C3 Entertainment, Inc.) (2004) 125 Cal.App.4th 250, 254-258 (rev. granted 2005) in which the Court of Appeal read the law expansively to disqualify judges who had contacts with ADR providers or those who worked for them.
Statute of Limitations, Discrimination Involving Violence (CCP § 338):
Amends three-year statute to add violations of Civil Code § 51.7, a part of the Unruh Civil Rights Act that makes acts of violent discrimination unlawful.
Insufficient Filing Fee (CCP § 411.21) [eff. July 19, 2005]:
Provides that insufficient fee for first paper is grounds to void filing, sets procedures.
Service of Subpoena in Gated Community (CCP §§ 415.21):
Adds service of subpoena as basis to gain entry to gated community, but does not affect existing law as to substituted service on guard.
Proof of Service (CCP §§ 412.10, 417.30, 583.210, etc.):
Provides that clerk is to retain original summons and replaces requirement of "return of summons" with requirement that proof of service of copy of summons be filed.
SLAPP Motion Hearing Date (CCP § 425.16):
Makes it the duty of the clerk, not the party, to set SLAPP motion within the 30-day period and abrogates contrary Court of Appeal decisions.
"SLAPP-back Motions" (CCP § 425.18):
Imposes regulations and sanctions analogous to anti-SLAPP law on motions to strike causes of action arising out of the grant of a SLAPP motion in an earlier action.
Injunctions Against Violence (CCP §§ 527.8, 527.10):
Expands effect of injunction against violence by employee against employer, prohibits person against whom any personal injunction is granted from legal access to personal records of person granted the injunction.
Offers to Compromise (CCP § 998):
Sets out specific terms to be included in 998 offer and provides that written acceptance may be made by attorney.
Electronic Summons (CCP § 1010.6):
Requires court to issue official summons upon request of party electronically filing complaint.
Subpoenaing Personal Consumer Records (CCP § 1985.3):
Provides that consumer need not give notice to self when subpoenaing own records.
