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California Law Revision Commission

-- Last revised 12/17/18 --

Topics Authorized for Study
Government Code Section 8293 provides for the enactment of a concurrent resolution, at least once per two-year legislative session, setting out a calendar of topics that are authorized for study by the Law Revision Commission. The topics authorized by the most recently-enacted version of this resolution, Resolution Chapter 158 of the Statutes of 2018, are set out on the page below.

In addition to the authority granted in that resolution, the Commission may also study any topic referred to it by a separate resolution or statute.

For example, Resolution Chapter 115 of the Statutes of 2013 requires the Commission to study state and local agency access to customer records of communication service providers.

The Commission also has general authority to "recommend revisions to correct technical or minor substantive defects in the statutes of the state without a prior concurrent resolution of the Legislature referring the matter to it for study." See Government Code Section 8298.

Topics Authorized by Resolution Chapter 158 of the Statutes of 2018

1. Creditors' Remedies

Whether the law should be revised that relates to creditors' remedies, including, but not limited to, attachment, garnishment, execution, repossession of property (including the claim and delivery statute, self-help repossession of property, and the Commercial Code provisions on repossession of property), confession of judgment procedures, default judgment procedures, enforcement of judgments, the right of redemption, procedures under private power of sale in a trust deed or mortgage, possessory and nonpossessory liens, insolvency, and related matters.

2. Probate Code

Whether the California Probate Code should be revised, including, but not limited to, the issue of whether California should adopt, in whole or in part, the Uniform Probate Code, and related matters.

3. Real and Personal Property

Whether the law should be revised that relates to real and personal property, including, but not limited to, a marketable title act, covenants, servitudes, conditions, and restrictions on land use or relating to land, powers of termination, escheat of property and the disposition of unclaimed or abandoned property, eminent domain, quiet title actions, abandonment or vacation of public streets and highways, partition, rights and duties attendant on assignment, subletting, termination, or abandonment of a lease, and related matters.

4. Family Law

Whether the law should be revised that relates to family law, including, but not limited to, community property, the adjudication of child and family civil proceedings, child custody, adoption, guardianship, freedom from parental custody and control, and related matters, including other subjects covered by the Family Code.

5. Discovery in Civil Cases

Whether the law relating to discovery in civil cases should be revised.

6. Rights and Disabilities of Minors and Incompetent Persons

Whether the law relating to the rights and disabilities of minors and incompetent persons should be revised.

7. Evidence

Whether the Evidence Code should be revised.

8. Arbitration

Whether the law relating to arbitration, mediation, and other alternative dispute resolution techniques should be revised.

9. Administrative Law

Whether there should be changes to administrative law.

10. Attorney's Fees

Whether the law relating to the payment and the shifting of attorney's fees between litigants should be revised.

11. Uniform Unincorporated Nonprofit Association Act

Whether the Uniform Unincorporated Nonprofit Association Act, or parts of that uniform act, and related provisions should be adopted in California.

12. Trial Court Unification

Recommendations to be reported pertaining to statutory changes that may be necessitated by court unification.

13. Contract Law

Whether the law of contracts should be revised, including the law relating to the effect of electronic communications on the law governing contract formation, the statute of frauds, the parol evidence rule, and related matters.

14. Common Interest Developments

Whether the law governing common interest housing developments should be revised to clarify the law, eliminate unnecessary or obsolete provisions, consolidate existing statutes in one place in the codes, establish a clear, consistent, and unified policy with regard to formation and management of these developments and transaction of real property interests located within them, and to determine to what extent they should be subject to regulation.

15. Legal Malpractice Statutes of Limitation

Whether the statutes of limitation for legal malpractice actions should be revised to recognize equitable tolling or other adjustment for the circumstances of simultaneous litigation, and related matters.

16. Coordination of Public Records Statutes

Whether the law governing disclosure of public records and the law governing protection of privacy in public records should be revised to better coordinate them, including consolidation and clarification of the scope of required disclosure and creation of a single set of disclosure procedures, to provide appropriate enforcement mechanisms, and to ensure that the law governing disclosure of public records adequately treats electronic information, and related matters.

17. Criminal Sentencing

Whether the law governing criminal sentences for enhancements relating to weapons or injuries should be revised to simplify and clarify the law and eliminate unnecessary or obsolete provisions.

18. Subdivision Map Act and Mitigation Fee Act

Whether the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), and the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) of Division 1 of Title 7 of the Government Code) should be revised to improve their organization, resolve inconsistencies, clarify and rationalize provisions, and related matters.

19. Uniform Statute and Rule Construction Act

Whether the Uniform Statute and Rule Construction Act (1995) should be adopted in California in whole or part, and related matters.

20. Place of Trial in Civil Cases

Whether the law governing the place of trial in a civil case should be revised.

21. Charter School as Public Entity

Analysis of the legal and policy implications of treating a charter school as a public entity for the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.

22. Fish and Game Code

Whether the Fish and Game Code and related statutory law should be revised to improve its organization, clarify its meaning, resolve inconsistencies, eliminate unnecessary or obsolete provisions, standardize terminology, clarify program authority and funding sources, and make other minor improvements, without making any significant substantive change to the effect of the law.

23. Mediation Confidentiality

(A) Analysis of the relationship under current law between mediation confidentiality and attorney malpractice and other misconduct, and the purposes for, and impact of, those laws on public protection, professional ethics, attorney discipline, client rights, the willingness of parties to participate in voluntary and mandatory mediation, and the effectiveness of mediation, as well as any other issues that the commission deems relevant. Among other matters, the commission shall consider the following:

(i) Sections 703.5, 958, and 1119 of the Evidence Code and predecessor provisions, as well as California court rulings, including, but not limited to, Cassel v. Superior Court (2011) 51 Cal.4th 113, Porter v. Wyner (2010) 183 Cal.App.4th 949, and Wimsatt v. Superior Court (2007) 152 Cal.App.4th 137.

(ii) The availability and propriety of contractual waivers.

(iii) The law in other jurisdictions, including the Uniform Mediation Act, as it has been adopted in other states, other statutory acts, scholarly commentary, judicial decisions, and any data regarding the impact of differing confidentiality rules on the use of mediation.

(B) In studying this matter, the commission shall request input from experts and interested parties, including, but not limited to, representatives from the California Supreme Court, the State Bar of California, legal malpractice defense counsel, other attorney groups and individuals, mediators, and mediation trade associations. The commission shall make any recommendations that it deems appropriate for the revision of California law to balance the competing public interests between confidentiality and accountability.

24. California Public Records Act Clean-Up

The Legislature authorizes and requests that the California Law Revision Commission study, report on, and prepare recommended legislation as soon as possible, considering the commission's preexisting duties and workload demands, concerning the revision of the portions of the California Public Records Act and related provisions, and that this legislation shall accomplish all of the following objectives:

(A) Reduce the length and complexity of current sections.

(B) Avoid unnecessary cross-references.

(C) Neither expand nor contract the scope of existing exemptions to the general rule that records are open to the public pursuant to the current provisions of the Public Records Act.

(D) To the extent compatible with (3), use terms with common definitions.

(E) Organize the existing provisions in such a way that similar provisions are located in close proximity to one another.

(F) Eliminate duplicative provisions.

(G) Clearly express legislative intent without any change in the substantive provisions[.]

25. Toxic Substance

[T]he Legislature authorizes and requests that the California Law Revision Commission study, report on, and prepare recommended legislation to revise Chapter 6.5 (commencing with Section 25100) and Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code, and related provisions, to improve the organization and expression of the law. Such revisions may include, but are not limited to, grouping similar provisions together, reducing the length and complexity of sections, eliminating obsolete or redundant provisions, and correcting technical errors. The recommended revisions shall not make any substantive changes to the law. The commission's report shall also include a list of substantive issues that the commission identifies in the course of its work, for possible future study[.]