LEGISLATIVE INTENT SERVICE, INC.

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1 LEGISLATIVE INTENT SERVICE, INC. 712 Main Street, Suite 200, Woodland, CA (800) Fax (530) LEGISLATIVE HISTORY REPORT AND ANALYSIS Re: Senate Bill 2594 (Robbins 1990) Chapter 1561, Statutes of 1990 The legislative history of the above-referenced bill is documented by materials itemized in one declaration. We discuss your section of focus in more detail later in this report. SENATE BILL 2594 (ROBBINS 1990) CHAPTER 1561, STATUTES OF 1990 Code of Civil Procedure section 437c was amended in 1990 following legislative passage of Senate Bill 2594, a single-section bill that proposed to affect only the language of this section. (See Exhibit #1f) Senator Alan Robbins introduced Senate Bill 2594 on March 1, 1990, at the request of the California Judges Association. (See Exhibits #1a and #3a) Senate Bill 2594 was assigned to the Senate and Assembly Committees on Judiciary, where policy issues raised by the bill were considered. (See Exhibits #3 and #7) One amendment was made to the bill by the Senate on May 7, 1990, before it was forwarded to the Assembly. (See Exhibits #1b and #2) Three amendments were made to Senate Bill 2594 by the Assembly in August of (See Exhibits #1c through #1e and #2) Subsequent to legislative approval, Governor George Deukmejian signed the bill on September 29, 1990, and it was recorded by the Secretary of State the next day as Chapter 1561 of the Statutes of (See Exhibit #1f) The Unfinished Business analysis, prepared by the Office of Senate Floor Analyses, provided the following digest of Senate Bill 2594, as it was last amended August 22, 1990: DIGEST: This bill provides that motions for summary adjudication be limited to resolving causes of action, affirmative defenses and/or claims for punitive damages. For information on document numbers, research policies, request for judicial notice and more, please visit and click on the links How to Use Our Materials on the Home page and Points and Authorities on the State or Federal Research menu. Page 1 of 4

2 This bill also makes other specified changes in summary adjudication procedures. (See Exhibit #11, page 1) A letter to the Governor from California Advocates, Inc., on behalf of the California Judges Association, dated August 30, 1990, provided a more detailed summary of the final form of Senate Bill 2594: eliminates summary adjudication of issues, while retaining summary adjudication of causes of action. at the request of insurance and banking interests, continues to permit summary adjudication of the limited issues of punitive damages and duties owed to plaintiffs by defendants. º provides that objections as to competency and personal knowledge are waived unless raised at hearings. requires incorporations by reference to matters in the courts file to be made with specificity, rather than to the entire file. (See Exhibit #12a, document A-23) Senator Robbins provided the following explanation in a Senate Floor Statement regarding the purpose of Senate Bill 2594: SENATE BILL 2594 DEALS WITH A VERY TECHNICAL AREA OF CIVIL PROCEDURE, THAT OF SUMMARY JUDGMENT AND SUMMARY ADJUDICATION. THE BILL ATTEMPTS TO STREAMLINE THE SUMMARY ADJUDICATION PROCESS TO THOSE MOTIONS WHICH WILL ENTIRELY DISPOSE OF A CAUSE OF ACTION. EXCEPTIONS ARE PROVIDED FOR PUNITIVE DAMAGES AND THE ISSUE OF DUTY. THE BILL IS A CAREFULLY CRAFTED COMPROMISE BETWEEN THE JUDGES, TRIAL LAWYERS, BANKERS, INSURANCE COMPANIES AND BAR. WHEN THE BILL LEFT THE SENATE, THE INSURANCE COMPANIES WERE OPPOSED.... (See Exhibit #12a, document A-22) Senate Bill 2594 contained an uncodified section that set forth the Legislature s intent in regards to objections to the form and substance of the moving and opposing papers. (See Exhibit #1f, section 1) Senator Robbins noted in a document entitled Senate Bill 2594 Highlights, the bill was introduced, in part... in response to a suggestion from the insurance Page 2 of 4

3 industry [the bill] permits summary adjudication of the single issue of punitive damages. (See Exhibit #12a, document A-1) The materials also contain letters of support for and opposition to Senate Bill (See for example, Exhibits #4, #8, #10 and #12) These materials document the consideration given the proposal while in the Legislature and provide insight into amendments taken to the initial proposal. Strong opposition to the legislation was voiced by the California Association of Insurance Companies and the State Bar of California. (Id.) Some of the amendments to the bill were made to address concerns expressed by these organizations opposing the bill. (See for example, Exhibit #12, document A-1) These materials may help you better understand the negotiations that resulted in the final version of the bill. As mentioned above, after its introduction, Senate Bill 2594 was amended four times before it was enacted into law. (See Exhibits #1b through #1e) We discuss your research focus below. A full understanding of legislative intent may be dependent upon knowing about the various proposals as introduced into the bill and then as amended throughout the bill s consideration by the Assembly and the Senate Committees reviewing this measure. (Id.) This can be particularly helpful where your focus is on specific language; by contrasting that enacted with the prior proposals in the bill one can gain insight as to the intended meaning or the apparent controversy generated by the language of interest. (Id.) Code of Civil Procedure section 437c(f) As to your focus on subdivision (f) of Code of Civil Procedure section 437c, Senate Bill 2594 proposed to amend subdivision (f) at the time the bill was introduced to add a second paragraph. (See Exhibit #1a, page 5) In this introduced version you can see how subdivision (f) read prior to the italicized amendments. (Id.) The next amendment, dated May 7, 1990, deleted the prior language of subdivision (f) and amended the new paragraph making it the new subdivision (f). (See Exhibit #1b, page 5) The language of subdivision (f) was again amended on August 6, August 15, and August 22, (See Exhibits #1c, #1d, and #1e) The amendments were then enacted into law. (See Exhibit #1f) As mentioned above, the bill was very controversial and it appears that the August amendments were the result of lengthy negotiations with the interested parties and which removed all of the opposition to the bill. (See Exhibit #12a, document A-24) The Assembly Committee on Judiciary Republican analysis contained the following comment on the August 22 nd amendment:... Amended on 8/22/90 to permit a party to move for summary judgment on issues similar to those in a previously-denied motion based upon newly-discovered facts or circumstances to support the reasserted issues. (See Exhibit #10a, document ARC-1) Page 3 of 4

4 Your careful review of the documents enclosed may reveal helpful discussion on the issue before you as it relates to subdivision (f)(1) language. You should also be able to draw some conclusions based upon the assumption that the language was intended to be consistent with the overall goal of the legislation. Thus, if you are unable to find specific discussion regarding your research question, the analyses contained in the legislative bill files enclosed herewith may provide you with an arguable assessment of the goals and purpose that could be applicable to your particular situation. The language you are investigating may be affected by bills, pending or enacted, in the current legislative session. We do not ordinarily review for current session bills, but will do so upon request. Any analysis provided in this report is based upon the nature and extent of your request to us, as well as a brief review of the enclosed documents. As such, it must be considered tentative in nature. A more conclusive statement of the impact of the legislative history in your case would be dependent upon a complete understanding of all of the factual issues involved and the applicable legal principles. We appreciate the opportunity to provide this assistance and hope that these efforts will be of value to you. Page 4 of 4

5 LEGISLATIVE INTENT SERVICE, INC. 712 Main Street, Suite 200, Woodland, CA (800) Fax (530) DECLARATION OF JENNY S. LILLGE I, Jenny S. Lillge, declare: I am an attorney licensed to practice in California, State Bar No , and am employed by Legislative Intent Service, Inc., a company specializing in researching the history and intent of legislation. Under my direction and the direction of other attorneys on staff, the research staff of Legislative Intent Service, Inc. undertook to locate and obtain all documents relevant to the enactment of Senate Bill 2594 of Senate Bill 2594 was approved by the Legislature and was enacted as Chapter 1561 of the Statutes of The following list identifies all documents obtained by the staff of Legislative Intent Service, Inc. on Senate Bill 2594 of All listed documents have been forwarded with this Declaration except as otherwise noted in this Declaration. All documents gathered by Legislative Intent Service, Inc. and all copies forwarded with this Declaration are true and correct copies of the originals located by Legislative Intent Service, Inc. In compiling this collection, the staff of Legislative Intent Service, Inc. operated under directions to locate and obtain all available material on the bill. SENATE BILL 2594 OF 1990: 1. All versions of Senate Bill 2594 (Robbins-1990); 2. Procedural history of Senate Bill 2594 from the Senate Final History; 3. Two analyses of Senate Bill 2594 prepared for the Senate Committee on Judiciary; 4. Material from the legislative bill file of the Senate Committee on Judiciary on Senate Bill 2594 as follows: a. Previously Obtained Material, + b. Up-to-date Collection of Material; 5. Third Reading analysis of Senate Bill 2594 prepared by the Office of Senate Floor Analyses; 6. Material from the legislative bill file of the Office of Senate Floor Analyses on Senate Bill 2594; Page 1 of 2

6 7. Two analyses of Senate Bill 2594 prepared for the Assembly Committee on Judiciary; 8. Material from the legislative bill file of the Assembly Committee on Judiciary on Senate Bill 2594 as follows: a. Previously Obtained Material, + b. Up-to-date Collection of Material; 9. Four Third Reading analyses and one Proposed Amendments analysis of Senate Bill 2594 prepared by the Assembly Committee on Judiciary; 10. Material from the legislative bill file of the Assembly Republican Caucus on Senate Bill 2594 as follows: a. Previously Obtained Material, + b. Up-to-date Collection of Material; 11. Unfinished Business analysis of Senate Bill 2594 prepared by the Office of Senate Floor Analyses; 12. Material from the legislative bill file of Senator Alan Robbins on Senate Bill 2594 as follows: a. Previously Obtained Material, + b. Up-to-date Collection of Material; 13. Post-enrollment documents regarding Senate Bill 2594; 14. Press Release #651, issued by the Office of the Governor on September 30, 1990, to announce that Senate Bill 2594 had been signed; 15. Excerpt regarding Senate Bill 2594 from the 1990 Digest of Significant Legislation, prepared by the Office of Senate Floor Analyses, October We have re-gathered these file materials and have noted this more recently accessed collection of documents as up-todate collection of material in this declaration, which may duplicate documents previously gathered. It is not unusual for more materials to become publicly available after our initial research of legislation so our research protocols compel us to re-access a file to determine if additional documents are available. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of, 2011 at Woodland, California. JENNY S. LILLGE W:\WDOCS\SNATBILL\sb\2594\ Page 2 of 2

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LEGISLATIVE INTENT SERVICE, INC.

LEGISLATIVE INTENT SERVICE, INC. 712 Main Street, Suite 200, Woodland, CA 95695 (800) 666-1917 Fax (530) 668-5866 www.legintent.com LEGISLATIVE HISTORY REPORT AND ANALYSIS Re: Assembly Bill 263 (Hawes