-- Last revised 4/18/07 --
Press Releases (1995-2002)
2002 Press Releases
- Statutes Made Obsolete by Trial Court Restructuring: Part 2 -- Tentative Recommendation, December 20, 2002
- Probate Code Technical Corrections -- Tentative Recommendation, December 19, 2002
- Alternative Dispute Resolution in Common Interest Developments -- Tentative Recommendation, December 19, 2002
- Financial Privacy -- Commencement of Study, December 18, 2002
- Criminal Procedure Under Trial Court Unification -- Tentative Recommendation, December 10, 2002
- Exemptions from Execution -- Discussion Draft, September 27, 2002
- Comparison of Evidence Code with Federal Rules -- Background Study, August 30, 2002
- Huebner Elected Chairperson -- August 9, 2002
- Common Interest Development Law -- Tentative Recommendation, June 6, 2002
- Civil Procedure in Unified Courts -- Survey, May 6, 2002
- California Criminal Procedure and Trial Court Unification -- Background Study, March 11, 2002
2001 Press Releases
- Consumer Protection Options Under Home Improvement Contracts -- Discussion Draft, December 20, 2001
- Stay of Mechanic's Lien Enforcement Pending Arbitration -- Tentative Recommendation, December 19, 2001
- Statutes Made Obsolete by Trial Court Restructuring -- Tentative Recommendation, December 18, 2001
- Appellate and Writ Review Under Trial Court Unification -- Tentative Recommendation, December 13, 2001
- Administrative Rulemaking Refinements -- Tentative Recommendation, November 28, 2001
- Double Payment Problem in Home Improvement Contracts -- Tentative Recommendation, September 28, 2001
- Municipal Bankruptcy -- Tentative Recommendation, September 25, 2001
- Cook Elected Chairperson -- August 28, 2001
- Electronic Communications and Evidentiary Privileges -- Tentative Recommendation, July 26, 2001
- Discovery Improvements from Other Jurisdictions -- Background Study, July 19, 2001
- Cases in Which Court Reporter Is Required -- Tentative Recommendation, April 26, 2001
- Rules of Construction for Trusts and Other Instruments -- Tentative Recommendation, April 16, 2001
- Criminal Sentencing: Weapon and Injury Enhancements -- Tentative Recommendation, April 9, 2001
- Debtor-Creditor Law: Technical Revisions -- Tentative Recommendation, April 3, 2001
- Evidence of Prejudgment Deposit Appraisal in Eminent Domain -- Tentative Recommendation, January 9, 2001
2000 Press Releases
- Health Care Decisions Law: Technical Revisions -- Tentative Recommendation, December 26, 2000
- Administrative Rulemaking Cleanup -- Tentative Recommendation, December 20, 2000
- Common Interest Development Law -- Background Study, November 28, 2000
- Civil Procedure: Technical Corrections -- Tentative Recommendation, October 26, 2000
- Huebner Elected Chairperson -- August 25, 2000
- Cases in Which Court Reporter Is Required -- Tentative Recommendation, August 25, 2000
- Elimination of Unnecessary Procedural Differences Between Limited and Unlimited Civil Cases -- Tentative Recommendation, August 4, 2000
- Expired Pilot Projects -- Tentative Recommendation, August 2, 2000
- Early Disclosure of Valuation Data and Resolution of Issues in Eminent Domain -- Tentative Recommendation, July 26, 2000
- Withdrawal of Prejudgment Deposit in Eminent Domain -- Tentative Recommendation, July 26, 2000
- Rules of Construction for Estate Planning Instruments -- Background Study, June 6, 2000
- Rulemaking Under Penal Code Section 5058 -- Tentative Recommendation, May 19, 2000
- Law Library Board of Trustees -- Revised Tentative Recommendation, April 24, 2000
- Municipal Bankruptcy -- Background Study, March 29, 2000
- Stay of Mechanic's Lien Enforcement Pending Arbitration -- Tentative Recommendation, January 14, 2000
- Law Library Board of Trustees -- Tentative Recommendation, January 6, 2000
1999 Press Releases
- Rulemaking Under Penal Code Section 5058 -- Request for Public Comment, December 27, 1999
- Authority to Appoint a Receiver -- Tentative Recommendation, December 3, 1999
- Improving Access to Rulemaking Information Under the Administrative Procedure Act -- Tentative Recommendation, November 15, 1999
- Mechanic's Lien Law -- Commencement of Study, November 3, 1999
- Revocable Trust Accounting -- Tentative Recommendation, October 26, 1999
- Jurisdictional Classification of Good Faith Improver Claim -- Tentative Recommendation, September 9, 1999
- Probate Law Revision -- Tentative Recommendation, August 30, 1999
- Wayne Elected Chairperson -- August 26, 1999
- Mandamus To Review Agency Action -- Tentative Recommendation, July 8, 1999
- Air Resources Technical Revisions -- Tentative Recommendation, June 30, 1999
- Exemptions from Rulemaking Requirements of Administrative Procedure Act -- Request for Public Comment, June 7, 1999
- Administrative Rulemaking -- Tentative Recommendation, May 4, 1999
- Homestead Exemption -- Tentative Recommendation, April 30, 1999
- Enforcement of Judgments Under the Family Code: Technical Revisions -- Tentative Recommendation, April 29, 1999
- Compensation for Loss of Business Goodwill in Eminent Domain -- Tentative Recommendation, March 19, 1999
1998 Press Releases
- Uniform Principal and Income Act -- Discussion Draft, November 2, 1998
- Condemnation by Privately-Owned Public Utility -- Tentative Recommendation, September 30, 1998
- Eminent Domain Valuation Evidence: Clarification of Evidence Code Section 822 -- Tentative Recommendation, September 30, 1998
- Environment Code: Divisions 1-4 -- Tentative Recommendation, August 10, 1998
- Health Care Decisions for Incapacitated Adults -- Tentative Recommendation, June 25, 1998
- Eminent Domain Law Revision -- New Study, May 19, 1998
- Admissibility, Discoverability, and Confidentiality of Settlement Negotiations -- Revised Tentative Recommendation, April 30, 1998
- Administrative Rulemaking: Consent Regulations and Other Noncontroversial Regulations -- Tentative Recommendation, April 29, 1998
- Uniform TOD Security Registration Act -- Tentative Recommendation, March 31, 1998
- Advisory Interpretations -- Tentative Recommendation, March 30, 1998
- Effect of Dissolution of Marriage on Nonprobate Transfers -- Tentative Recommendation, February 4, 1998
1997 Press Releases
- Response to Demand for Production of Documents in Discovery -- Tentative Recommendation, November 13, 1997
- Trial Court Unification: All State Codes -- Tentative Recommendations, October 1, 1997
- Environmental Law Consolidation -- Request for Public Comment, September 17, 1997
- Trial Court Unification: Penal Code Revision -- Tentative Recommendation, September 16, 1997
- Protecting Settlement Negotiations -- Tentative Recommendation, August 12, 1997
- Inheritance by Foster Child or Stepchild -- Tentative Recommendation, May 6, 1997
- Trial Court Unification -- Study announcement, March 26, 1997
- Severance of Joint Tenancy by Dissolution of Marriage -- Tentative Recommendation, February 4, 1997
1996 Press Releases
- Mediation Confidentiality -- Tentative Recommendation, June 17, 1996
- Unfair Competition Litigation -- Tentative Recommendation, May 22, 1996
- Judicial Review of Agency Action -- Revised Tentative Recommendation, May 21, 1996
- Administrative Procedure -- Two Tentative Recommendations, February 29, 1996
- Revision of Statutes Governing State Agency Regulations -- Study announcement, January 26, 1996
1995 Press Releases
- Best Evidence Rule -- Tentative Recommendation, December 19, 1995
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NEWS RELEASE
December 20, 2002
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Request for Public Comment
Proposed revisions included in the tentative recommendation would:
- Repeal or amend sessions statutes to reflect enactment of Government Code Section 69645, effective January 1, 2003. The new statute authorizes each superior court to determine the number and location of sessions of the court.
- Repeal statutes pertaining to the coordination of operations of the municipal and superior courts in a county.
- Lodge grand jury selection functions with the jury commissioner.
- Permit superior court judges to adopt a local rule of court governing the procedures for the preparation, adoption, and annual revision of the countywide bail schedule.
- Make clear that the court's authority to appoint and terminate a subordinate judicial officer includes the authority to delegate appointment or termination decisions.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by February 21, 2003.
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NEWS RELEASE
December 19, 2002
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Request for Public Comment
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Current Projects" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by February 15, 2003.
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NEWS RELEASE
December 19, 2002
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Request for Public Comment
(1) The existing "mandatory" ADR requirement as a prerequisite to litigation would be preserved and improvements made to various weaknesses in the process.The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Current Projects" link.(2) Every association would be required to offer its residents a simple, informal, and cost-free way to have their concerns heard and addressed.
(3) A statewide dispute resolution information center would be established that is readily accessible by associations and their residents, to provide information about the governing law and about the availability of local dispute resolution mechanisms.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by March 31, 2003.
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NEWS RELEASE
December 18, 2002
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At the direction of the Legislature, the California Law Revision Commission is initiating a study of financial privacy. The Commission will begin active consideration of the matter in January 2003.
Legislation enacted in 2002 requires the Law Revision Commission to study, report on, and prepare recommended legislation concerning the protection of personal information relating to, or arising out of, a financial transaction. The study is due by January 1, 2005.
The recommended legislation must do the following:
(1) Provide consumers with notice and the opportunity to protect and control their personal information.The Commission's study is not intended to restrict the introduction, passage, or operation of legislation relating to the financial service industry or related privacy issues. The study will proceed independently of other ongoing efforts in the area.(2) Direct regulators to recognize both the confidentiality of a consumer's personal information and the legitimate needs of commercial activity.
(3) Treat regulated entities in such a way that they are neither advantaged nor burdened on the basis of their size.
(4) Be compatible with and withstand preemption by applicable federal laws.
(5) Provide civil remedies and administrative and civil penalties for violation of the law.
Information and documents relating to this study will be available, and interested persons may subscribe for notices concerning the study, at the Commission's website (www.clrc.ca.gov). Further information is also available from the California Law Revision Commission at 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739.
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NEWS RELEASE
December 10, 2002
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Request for Public Comment
Certain decisions made by a magistrate in a preliminary examination are subject to review by a judge of the superior court. Prior to court unification, the magistrate was a judge of the municipal court. The magistrate's decisions were reviewed by a judge of a different and higher court.
Municipal courts no longer exist in California. As a result, the magistrate is invariably a judge of the superior court. The decisions of a superior court judge acting as magistrate are reviewed by another judge of the same court. The former two-tiered system of review is now a peer review system.
Peer review of a magistrate's decisions is inefficient and may create an appearance of impropriety. The Commission recommends that a magistrate's decision on a noticed motion to dismiss or a demurrer not be subject to review by another judge of the superior court. This would not affect existing rights of review by the court of appeal.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov).
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by March 31, 2003.
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NEWS RELEASE
September 27, 2002
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Request for Public Comment
The Commission also proposes to implement an automatic triennial cost-of-living adjustment for exemptions, consistent with federal bankruptcy law. The intention of the proposal is to keep pace with inflation without the need for legislation.
The discussion draft is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The discussion draft is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises proposed revisions of the law as a result of public comment. To receive timely consideration, comments should be submitted by November 30, 2002.
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NEWS RELEASE
August 30, 2002
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New Study by Law Revision Commission
The California Law Revision Commission is commencing a study of whether the Evidence Code should be revised to incorporate approaches used in the Federal Rules of Evidence. Professor Miguel A. Méndez of Stanford Law School is preparing a background study for the Commission on the topic.
The background study will be divided into eight parts:
(1) Hearsay and its exceptionsThe first two parts are complete; others are in progress. The Commission plans to begin consideration of issues relating to hearsay at a public meeting in Millbrae, California, on Friday, September 13, 2002.
(2) Expert testimony and the opinion rule
(3) The role of judge and jury
(4) Evidence excluded by extrinsic policies
(5) Presumptions and burdens of proof
(6) Authentication and the best evidence rule
(7) Competency of witnesses and witness credibility
(8) Judicial notice
Persons interested in participating in this study and receiving materials relating to the study should notify the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The background study and other materials relating to the study will also be available at the Commission's website (www.clrc.ca.gov).
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NEWS RELEASE
August 9, 2002
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David Huebner, of Los Angeles, has been elected Chairperson of the California Law Revision Commission. Frank Kaplan, of Santa Monica, has been elected Vice Chairperson.
The Law Revision Commission is a state agency responsible for studying California law and recommending needed reforms to the Governor and Legislature. The Commission recently drafted, at the Legislature's direction, legislation to implement trial court restructuring. Projects currently underway include review of civil and criminal procedure in light of trial court unification, overhaul of common interest development law, and improvement of evidence law, civil discovery procedures, and arbitration law, among other matters.
David Huebner, the new Chairperson, was appointed to the Commission in 1999 and previously served as Commission Chairperson in 2000-2001. He is a partner with the international law firm Coudert Brothers and serves on the firm's global Executive Board. The former managing partner of the firm's Los Angeles office, Huebner specializes in international arbitration and complex commercial litigation. He is a graduate of Princeton University and of Yale Law School.
Huebner is also an adjunct professor of international business transactions and dispute resolution at the University of Southern California Law School. He has served with the Center for Law in the Public Interest, the Independent Commission on the Los Angeles Police Department, the Los Angeles City Quality and Productivity Commission, and numerous civic and charitable organizations.
The Law Revision Commission's new Vice Chairperson, Frank Kaplan, was appointed to the Commission in 2002. He is a partner at Alschuler, Grossman, Stein & Kahan LLP, with 30 years of experience in business litigation. He also serves as an arbitrator for the Los Angeles County Superior Court and the Los Angeles County Bar Association. He is a graduate of the University of Cincinnati and of the University of Michigan Law School.
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NEWS RELEASE
June 6, 2002
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Request for Public Comment
Summary: The California Law Revision Commission is making available for public review and comment a tentative recommendation relating to common interest development law. The tentative recommendation is the first in a series that will be prepared in the course of the Commission's ongoing study of common interest development law.
The tentative recommendation proposes three changes to the Davis-Stirling Common Interest Development Act:
(1) Descriptive chapter and article headings would be inserted in the body of the Act. The headings will aid in the use of this complex body of law and will help structure future revisions of the law in a logical manner.The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.(2) A procedure would be added to the Act for homeowners association review of a member's proposal to alter the member's separately owned unit. This will ensure that a homeowners association follows a fair and reasonable decisionmaking process.
(3) A procedure would be added to the Act for making changes to a homeowners association's operating rules. This will provide members with advance notice of rule changes and provide for member participation in the formulation of operating rules.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by August 15, 2002.
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NEWS RELEASE
May 6, 2002
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Survey
The Law Revision Commission and the Judicial Council are conducting a joint study on civil procedure in unified courts. Many procedural differences between limited (municipal court) civil cases and unlimited (superior court) civil cases were retained after trial court unification. The joint study is examining whether these differences should continue, whether some simplified procedures should be applied to all cases or to certain kinds of cases (and if so, which ones), and whether the current jurisdictional limits for small claims cases, limited civil cases, and unlimited civil cases are still appropriate.
Interested persons are invited to provide input on these issues by completing an online questionnaire. The survey can be found at www.justicesurvey.com.
Responses are due by Friday, May 17, 2002.
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NEWS RELEASE
March 11, 2002
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Request for Public Comment
The California Law Revision Commission seeks public comment on a newly-released report relating to criminal procedure. The report was prepared for the Commission by Professor Gerald F. Uelmen of the Santa Clara University School of Law. It is intended to help the Commission determine whether any changes should be made to criminal procedure as a result of unification of the trial courts.
The report is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The report is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link. Persons interested in this matter should also contact the Commission to be added to the Commission's mailing list for the project.
The Commission will consider comments it receives regarding the issues raised in the report. To receive timely consideration, comments should be submitted by May 31, 2002.
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NEWS RELEASE
December 20, 2001
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Request for Public Comment
The Law Revision Commission is studying special protections for homeowners who face potential double liability for labor and materials under home improvement contracts. This problem arises where the owner pays the prime contractor under the terms of their contract, but the prime contractor does not pay amounts due to subcontractors and equipment and material suppliers, who can then enforce their claims against the owner's property or construction funds.
In anticipation of the 2002 legislative session, the Commission is seeking comment on two approaches to address the double liability issue in home improvement contracts:
(1) A privity rule, limiting mechanic's lien and stop notice rights to claimants who have a contract with the homeowner, coupled with recognition of a right for claimants without a contract to seek an equitable lien on the owner's property to prevent unjust enrichment.Both proposals would apply only to home improvement contracts under a certain cap based on the contract price -- most frequently mentioned amounts are $10,000 or $25,000. The Commission is interested in opinions on the appropriate level for the cap.(2) A good-faith payment rule, limiting the liability of homeowners to the extent they have paid in good faith, but leaving existing mechanic's lien and stop notice remedies in place, applicable to amounts remaining unpaid.
Finally, the Commission is soliciting comment on whether the cap should be based on the amount of the individual subcontractor's or supplier's contract, rather than the prime contract, and if so, what that amount should be.
The Commission has tabled its tentative recommendation proposing a mandatory 50% home improvement contract bond. As a general approach, the Commission has concluded that it would be preferable to seek simpler solutions that invoke market principles, rather than the more complicated statutory rules needed to implement mandatory bond and direct payment schemes.
This discussion draft is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. It is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
To receive timely consideration, comments should be submitted by January 11, 2002.
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NEWS RELEASE
December 19, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on its revised tentative recommendation to amend the statute governing preservation of arbitration rights during mechanic's lien enforcement proceedings (Code Civ. Proc. § 1281.5). The Commission proposes to:
(1) Delete an obsolete sentence on joinder of a lien claim within the jurisdiction of the municipal court.The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.(2) Simplify the procedure for preserving arbitration rights and obtaining a stay of a mechanic's lien foreclosure action pending arbitration, so as to reduce litigation expenses and conserve judicial resources.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by February 28, 2002.
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NEWS RELEASE
December 18, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to repeal or revise hundreds of obsolete statutes relating to the structure of California's trial court system. The statutory clean up is a consequence of changes made in the late 1990's governing state funding of trial court operations, trial court unification, and trial court employment.
Typical revisions would eliminate statutory references to the municipal court, repeal county-specific court staffing statutes, substitute the court clerk for the county clerk with respect to court-related functions, and recognize the consolidation of sheriff and marshal operations in the various counties. Pursuant to statutory mandate, the Commission plans to recommend legislation on the matter in the 2002 legislative session.
While the statutory cleanup is largely technical, the draft is massive and interested persons and entities should examine the proposed changes with care. The Commission's tentative recommendation highlights and directs attention to revisions that may not be routine.
The 720-page document is available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link. For further information, contact the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. Phone: 650-494-1335. Email: commission@clrc.ca.gov.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by February 15, 2002.
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NEWS RELEASE
December 13, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation on appellate and writ review under trial court unification.
The Commission recommends that the superior court's appellate division be converted into a division of limited jurisdiction in the court of appeal. The new court of appeal division would function in much the same manner the superior court appellate division functions. It would be staffed by superior court judges sitting by assignment and would hear cases in the counties in which they arise.
Under this proposal, the jurisdiction of the new division would not necessarily be misdemeanor, infraction, and limited civil cases. The court of appeal would control its own workload by assigning appropriate cases for resolution in the limited jurisdiction division.
Such a scheme offers a number of advantages over the dual appellate structure of existing law, in which jurisdiction is split between the court of appeal and the appellate division of the superior court:
(1) It would mitigate the undesirable situation of a superior court reviewing its own judgments and even issuing writs to itself.The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.(2) It would enable the court of appeal to control its workload by appropriate assignment of cases.
(3) It would centralize filings in the court of appeal and eliminate the need to transfer or dismiss an appeal filed in the wrong court.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by March 31, 2002.
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NEWS RELEASE
November 28, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on a recommendation to make a number of minor refinements to the law governing rulemaking by state administrative agencies. The proposed revisions include the following:
- Clarification of the requirement that an agency consider
reasonable alternatives to a proposed rulemaking action.
- Clarification of the requirement that an agency designate a
representative to answer substantive inquiries regarding a proposed
rulemaking action.
- Revision of the existing Internet publication requirement, to
require posting of the text of a proposed emergency rulemaking action
and to specify when and for how long documents must be posted.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by January 9, 2002.
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NEWS RELEASE
September 28, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to address the double payment problem in home improvement contracts. The problem of double liability faced by homeowners arises where the owner pays the prime contractor under the terms of their contract, but the prime contractor does not pay amounts due to subcontractors and equipment and material suppliers, who can then enforce their claims against the owner's property or construction funds.
The Commission has studied a number of different approaches to this problem and settled on limited mandatory bonding as the best balance between the interests of homeowners, subcontractors, and suppliers and the cost of the protections. The proposal would require that prime contractors on home improvement contracts obtain a payment bond from a surety insurer in the amount of 50% of the contract price to protect unpaid subcontractors and suppliers, thereby relieving the homeowner from double liability. The home improvement contract would be filed with the county recorder and the payment bond would be recorded before the home improvement job commences. In essence, this proposal would make the optional procedure in Civil Code Section 3235 mandatory for home improvement contracts.
The mandatory 50% bond would not be required for contracts under $10,000, in view of the inefficiency of bonding on smaller jobs, but blanket payment bonds would be available in the smaller cases. Under the $10,000 contract level, and in any case where the prime contractor has failed to obtain the required bond, the homeowner would be protected from double liability to the extent that payments had been made in good faith under the contract. Subcontractors and suppliers would easily be able to determine whether the job is bonded by reference to the recorder's files or by checking with the surety company noted on the contract form.
The mechanic's lien and stop notice rights of subcontractors and suppliers would not be affected to the extent that the homeowner has not paid for labor, supplies, equipment, and materials. If a bond has been provided, subcontractors and suppliers would also have the additional remedy of enforcement against the bond.
The Commission is also soliciting comment on the desirability of an alternative scheme that would simply protect good-faith payments under home improvement contracts below $10,000 (or other appropriate amount), without providing for a mandatory bond in all home improvement contracts.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by November 15, 2001.
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NEWS RELEASE
September 25, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to modernize state statutes authorizing bankruptcy filings by local public entities under Chapter 9 of the federal Bankruptcy Code. Consistent with the approach historically taken in California, the general statute would authorize municipal bankruptcy filings to the full extent permissible under federal law, subject to any special statutory rules applicable to particular entities.
The Commission studied broader substantive reforms, including proposals to require pre-filing approval by the Governor or a governmental committee, and to provide for post-filing review by appropriate state authorities. However, there does not appear to be any general agreement on the best approach to reform, or even as to the need for additional protections or controls. Accordingly, the Commission is not recommending any broader substantive reforms at this time.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by November 1, 2001.
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NEWS RELEASE
August 28, 2001
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Joyce G. Cook, of Los Angeles, has been elected Chairperson of the California Law Revision Commission. The Vice Chairperson is Assemblyman Howard Wayne, of San Diego.
The Law Revision Commission is a state agency responsible for studying California law at the request of the state Legislature and recommending needed reforms to the Governor and Legislature. The Commission recently drafted, at the Legislature's direction, the Health Care Decisions Law. Projects currently underway include review of the state codes to eliminate statutes made obsolete by trial court restructuring, revision of the mechanic's lien law, reform of the laws governing common interest developments, and improvement of the law governing unincorporated nonprofit associations.
Joyce G. Cook, the new Chairperson, was appointed to the Commission in 1999. She is Directing Attorney of the Los Angeles Superior Court's Planning and Research Unit and a member of the court's executive management group. Cook is a graduate of the University of California, Los Angeles, and of Loyola Law School. She was the Commission's Vice Chairperson during 2000-2001.
Cook serves as a member of the Judicial Council Task Force on Jury System Improvements and is a member of the Governor's Conference for Women. She was the 1995 recipient of the American Bar Association's award for contributions to the advancement of technology in limited jurisdiction courts.
The Law Revision Commission's new Vice Chairperson, Assemblyman Howard Wayne, was appointed to the Commission in 1998. He has previously served as Chairperson and as Vice Chairperson of the Commission. Wayne is a graduate of the University of San Diego Law School, where he was an editor of the law review and president of the alumni association. He served 23 years as a Deputy Attorney General, including four years as a supervising deputy. He has been the elected representative of the 78th Assembly District for San Diego, Coronado, and Imperial Beach since 1996.
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NEWS RELEASE
July 27, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation relating to electronic communications and evidentiary privileges.
The Commission recommends revision of Evidence Code Sections 912, 917, and 952 to make clear that:
(1) A privileged communication does not lose its privileged status simply because it is transmitted electronically.The Commission also solicits suggestions for other reforms needed to adapt the Evidence Code for electronic communications.(2) The statutory presumption of confidentiality and statutory waiver requirements apply to newly created privileges.
(3) Disclosure of a privileged communication waives the privilege only where the holder of the privilege intentionally makes the disclosure or intentionally permits another person to make the disclosure.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by October 15, 2001.
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NEWS RELEASE
July 19, 2001
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Request for Public Comment
The California Law Revision Commission is undertaking a study of whether discovery procedures in other jurisdictions are appropriate models for improvement of civil discovery practice in California. In connection with this study, the Commission seeks public comment on a newly released background study relating to discovery developments in other jurisdictions.
The background study was prepared for the Commission by Professor Gregory S. Weber of McGeorge School of Law. It describes innovations that apply to discovery generally, such as mandatory pretrial disclosure, narrowed discovery relevance, mandatory discovery planning, certification of good faith in conducting discovery, and increased judicial control over discovery. The background study also describes reforms that apply to specific discovery devices, such as depositions, interrogatories, inspection demands, medical examinations, exchange of expert witness information, and requests for admissions. The background study is intended help the Commission determine the scope, general direction, and priorities for its study of civil discovery.
The background study is available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link. The background study is also available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. Persons interested in this matter should also contact the Commission to be added to the Commission's mailing list for its study of civil discovery.
The Commission will consider any comments it receives in determining the scope, general direction, and priorities for its study. To receive timely consideration, comments should be submitted by December 31, 2001.
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NEWS RELEASE
April 26, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to consolidate the rules governing when a court reporter must be provided in civil and criminal cases (Code Civ. Proc. §§ 269, 274c). Nonsubstantive revisions would also be made to clarify the application of the statute.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by June 30, 2001.
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NEWS RELEASE
April 16, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation relating to rules of construction for trusts and other estate planning instruments. The tentative recommendation surveys the existing Probate Code rules of construction, which have been criticized in recent years as being overly broad.
The Commission concludes that several of the rules should be limited in their application. A number should be repealed because they restate the common law (but do so in an incomplete fashion), because they duplicate other statutes, or because they unduly inhibit the ability of the court to ascertain the donor's intent.
The Commission recommends further clarifications of existing statutes and improvements in terminology, and correction of statutes containing obsolete references to former law. The Commission has developed official Comments explaining the derivation of, and providing other relevant information concerning, the Probate Code rules of construction.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by July 31, 2001.
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NEWS RELEASE
April 9, 2001
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Request for Public Comment
The Law Revision Commission seeks public comment on its tentative recommendation to reorganize the statutes governing sentence enhancements for crimes involving weapons and injuries, without affecting their substance.
The statutes governing felony sentencing have been criticized as overly complex and difficult to understand. According to a Judicial Council study, errors in sentencing are the single greatest cause of reversal on appeal and account for over half of the reversals on appeal in criminal cases. Previous attempts at reform that involved substantive change to sentence lengths have been unsuccessful. The Commission recommends the nonsubstantive reorganization of sentence enhancement provisions. This will improve the accessibility and comprehensibility of these provisions.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by July 31, 2001.
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NEWS RELEASE
April 3, 2001
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Request for Public Comment
In this tentative recommendation, the Law Revision Commission addresses a number of technical issues identified by sheriffs concerning procedures under the claim and delivery statute (Code Civ. Proc. § 511.010 et seq.) and the Enforcement of Judgments Law (Code Civ. Proc. § 680.010 et seq.), both of which were enacted on Commission recommendation. Technical revisions should be made to address the problem where there is no undertaking given in claim and delivery, the disposition of exemption claims ordered off calendar and stays pending final determination of exemption claims in enforcement of judgments, and notation of the final day to vacate premises under a writ of possession.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by May 7, 2001.
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NEWS RELEASE
January 9, 2001
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation relating to evidence of the condemnor's prejudgment deposit appraisal in eminent domain cases.
The recommendation would revise the statutes in order to:
(1) Make clear that evidence of the appraisal may be used in determining the amount of litigation expenses for which a condemnor may be assessed.The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.(2) Codify case law that evidence of the appraisal may be used for purposes of impeaching a witness who prepared the appraisal.
(3) Emphasize that the protections against use of prejudgment deposit appraisal evidence apply equally to the property owner and the condemnor.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by February 28, 2001.
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NEWS RELEASE
December 26, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to make a number of minor substantive and technical revisions as a follow-up to the Health Care Decisions Law enacted in 1999 on recommendation of the Commission:
(1) The definition of "capacity" would be amended to apply a contract standard to situations involving execution of advance directives.The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.(2) The patient's designation of a surrogate health care decisionmaker would not revoke a prior designation of an agent in a power of attorney for health care unless the patient expresses the intention to remove the agent.
(3) The duration of a surrogate designation by a patient in a nursing home would generally be limited to 30 days where the patient has already named a health care agent.
(4) The health care agent would not be automatically liable for the costs of disposition of the principal's remains.
(5) The grounds for petitioning the court would be amended to include a petition to compel a third person to honor the authority of a health care agent or surrogate.
(6) The rules limiting who can act as agent would be amended to make clear that a supervising health care provider can never act as agent for his or her patient, even if related to the patient by blood, marriage, adoption, or registered domestic partnership, or where they are coworkers.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by January 25, 2001.
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NEWS RELEASE
December 20, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to correct technical defects in Chapters 1059 and 1060 of the Statutes of 2000, relating to administrative rulemaking procedures:
(1) The bills each added a section governing use of electronic communications in the rulemaking process (Government Code Section 11340.8 and 11340.85). The requirements of these sections are mostly duplicative, with only a few minor differences. The Commission recommends that the requirements of these sections be harmonized and combined in a single section.The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.(2) Chapter 1059 added a definition of "proposed action" that is technically defective. The Commission recommends that the defect be corrected.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by January 31, 2001.
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NEWS RELEASE
November 28, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on a newly-released report relating to revision of the common interest development laws. The report was prepared for the Commission by Professor Susan F. French of the UCLA Law School. It is intended to help the Commission determine the scope, general direction, and priorities for its common interest development law study.
The common interest development law study will review the statutes affecting common interest developments with the goal of setting a clear, consistent, and unified policy with regard to their formation and management and the transaction of real property interests located within them. It will seek to clarify the law and eliminate unnecessary or obsolete provisions, consolidate existing statutes in one place in the codes, and determine to what extent common interest housing developments should be subject to regulation.
The report on the scope of the study is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The report is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link. Persons interested in this matter should also contact the Commission to be added to the Commission's mailing list for the project.
The Commission will consider comments it receives in determining the scope, general direction, and priorities for the common interest development law study. To receive timely consideration, comments should be submitted by January 15, 2001.
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NEWS RELEASE
October 26, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation on technical corrections relating to civil procedure.
The Commission proposes technical revisions to clarify the jurisdictional classification of:
* A proceeding to release a mechanic's lien (Civ. Code § 3154).The Commission also recommends revision of the codes to reflect that trial courts no longer maintain a record denominated a "docket" in civil cases.* A proceeding to discharge the trustee and distribute the proceeds of a sale under a deed of trust (Civ. Code § 2924j).
* A petition for relief from claim-filing requirements of the Tort Claims Act (Gov't Code § 946.6).
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by January 15, 2001.
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NEWS RELEASE
August 25, 2000
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David Huebner, of Los Angeles, has been elected Chairperson of the California Law Revision Commission. The Vice Chairperson is Joyce G. Cook, also of Los Angeles.
The Law Revision Commission is a state agency responsible for studying California law at the request of the state Legislature and recommending needed reforms to the Governor and Legislature. The Commission recently drafted, at the Legislature's direction, reforms of California's Administrative Procedure Act. Projects currently underway include review of civil procedures in light of trial court unification, reorganization of criminal sentencing statutes, overhaul of the mechanic's lien law, and resolution of problems in eminent domain and probate law.
David Huebner, the new Chairperson, was appointed to the Commission in 1999. He is a partner with the international law firm Coudert Brothers and managing partner of the firm's Los Angeles office. Huebner specializes in intellectual property, multimedia, and technology disputes. He is a graduate of Princeton University and of Yale Law School.
Huebner is also an adjunct professor of international business transactions and dispute resolution at the University of Southern California Law School. He has served with the Center for Law in the Public Interest, the Independent Commission on the Los Angeles Police Department, and the Los Angeles City Quality and Productivity Commission. He has been a member of the boards of numerous civic and charitable organizations.
The Law Revision Commission's new Vice Chairperson, Joyce G. Cook, was appointed to the Commission in 1999. She is directing attorney of the Los Angeles Superior Court's Planning and Research Unit. Cook also serves as a member of the Judicial Council Task Force on Jury System Improvements, and as a member of the board and an officer of the Governor's Conference on Women. She is a graduate of University of California, Los Angeles, and of Loyola Law School.
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NEWS RELEASE
August 25, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation concerning cases in which a court reporter is required.
The Commission proposes to consolidate in one code section the rules governing when a court reporter must be provided in civil and criminal cases. This would not be a substantive change in the law.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation are also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by November 15, 2000.
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NEWS RELEASE
August 4, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to eliminate unnecessary procedural differences between limited and unlimited civil cases. The Commission proposes the following reforms:
(1) The same rules for pleading damages should apply in all actions for personal injury or wrongful death, regardless of the jurisdictional classification of the case.
(2) The distinction between attachment undertakings in limited and unlimited civil cases should be eliminated, and the amount of the initial undertaking increased to $10,000.
(3) The statutory protection regarding waiver of a jury demand should be extended to limited civil cases.
(4) The clerk of court should be permitted to record a satisfaction of judgment where there is an interest deficit of $10 or less in an unlimited civil case, not just in a limited civil case.
(5) The differentiation between limited and unlimited civil cases as to the amount of a creditor's undertaking where there is a third party claim should be eliminated.
(6) The same filing fee should be required for all confessions of judgment, regardless of the size of the claim.
(7) A provision on statutory interpretation should be added to negate any implied limitation on court authority in limited and unlimited civil cases.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation are also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by September 25, 2000.
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NEWS RELEASE
August 2, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to repeal obsolete statutes relating to expired pilot projects.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation are also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by September 15, 2000.
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NEWS RELEASE
July 26, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendations addressing selected issues in eminent domain law.
The Commission proposes a number of improvements in the law intended to facilitate resolution of eminent domain cases without the need for trial. Specific proposals include requiring an exchange of valuation data 90 days before trial coupled with a process enabling early resolution of legal disputes and authorization of voluntary alternative dispute resolution. To the same end, the recommendation requires more detailed disclosure of prelitigation appraisal information together with disclosure of positions on loss of business goodwill.
The Commission also proposes a revision in the law governing withdrawal of a prejudgment deposit in an eminent domain proceeding. The recommendation would make clear that a party's objection to another party's withdrawal of the deposit preserves any rights the objector may have against the condemnor to the extent there is an overwithdrawal.
The tentative recommendations are available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation are also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by September 15, 2000.
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NEWS RELEASE
June 6, 2000
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Request for Comment on Background Study
The California Law Revision Commission is commencing a study of the rules of construction for estate planning instruments -- Probate Code Sections 21101-21140. The object of the study is to determine whether the existing rules, which originally applied only to wills but were later extended to trusts and other estate planning instruments, are appropriately applied.
A background study has been prepared for the Commission by its consultant, Professor William McGovern of UCLA Law School. The background study is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. It is also available through the Commission's website. The Commission has not yet reviewed the background study and has not formed any conclusions on what recommendations, if any, it may make to the Legislature on this subject. The Commission plans to begin active consideration of this matter at its July 2000 meeting, beginning with a review of the background study. Comments on the background study will be most helpful if received by July 5, 2000.
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NEWS RELEASE
May 19, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to improve the procedures governing rulemaking by the Department of Corrections. The proposed law would amend Penal Code Section 5058 and add Sections 5058.1-5058.3, to make the following changes:
(1) Define "pilot program" for the purposes of the special procedures governing pilot programs.The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by September 1, 2000.(2) Make it clear that the special procedures for adopting a pilot program regulation also apply to the amendment or repeal of a pilot program regulation.
(3) Limit readoption of an exempt pilot program regulation.
(4) Require that the Department explain in writing why its operational needs require emergency rulemaking, where the Department proceeds with emergency rulemaking on the basis of its operational needs, rather than on the basis of an emergency.
(5) Extend the period for review of an emergency regulation by the Office of Administrative Law, where the Department proceeds with emergency rulemaking on the basis of its operational needs, rather than on the basis of an emergency.
(6) Make it clear that the procedures for emergency adoption of a regulation also apply to the emergency amendment or repeal of a regulation.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation are also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
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NEWS RELEASE
April 24, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its *revised* tentative recommendation concerning the composition of a board of law library trustees.
Each county in the state is to have a law library governed by a board of trustees. Existing law (Bus. & Prof. Code § 6301) establishes elaborate criteria for selection of a law library board. To promote flexibility and build relations between law libraries and the general public, the Commission proposes to revise these criteria to:
(1) Permit residents of the county to serve on the board in specified circumstances, not just trial court judges, members of the board of supervisors, and members of the bar of the county.The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by September 30, 2000.(2) Permit the judges of a unified superior court to select either four or five judge trustees at their discretion, without regard to how many judge trustees were authorized as of January 1, 1998.
(3) Permit each county to have either a six- or a seven-member board, as best meets the needs of the county.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation are also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
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NEWS RELEASE
March 29, 2000
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Request for Comment on Background Study
The California Law Revision Commission requests public comment on a background study concerning California's municipal bankruptcy laws prepared by the Commission's consultant, Professor Frederick Tung, University of San Francisco School of Law.
Professor Tung proposes a discretionary system of state authorization that balances (a) the state's interest in its financial health and the financial health of its various municipalities with (b) individual municipalities' interests in local autonomy. He concludes that California's authorization statute should place discretion with the Governor to decide whether and under what conditions a municipality may file for bankruptcy. The Governor's discretion should not be unlimited, but should be subject to guidelines that may vary depending on the type of municipality involved. By using bankruptcy authorization as a triggering mechanism for state involvement in local financial distress, the statute would encourage early interaction between local and state officials and ultimately a cooperative approach to resolving local distress.
The Commission has not yet reviewed the background study and has not formed any conclusions on what recommendations, if any, it may make to the Legislature on this subject. The Commission will commence work on municipal bankruptcy at its June 2000 meeting.
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NEWS RELEASE
January 14, 2000
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation concerning stay of mechanic's lien enforcement pending arbitration.
The Commission proposes to revise Code of Civil Procedure Section 1281.5 to:
(1) Permit the plaintiff to preserve arbitration rights by including appropriate allegations in the complaint and filing a motion for a stay order within 30 days after service of the summons and complaint. This is generally consistent with case law and with existing practice.The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.(2) Prohibit discovery without leave of court pending determination of the motion for a stay order.
(3) Delete an anomalous sentence that could be read to limit municipal court jurisdiction.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by March 15, 2000.
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NEWS RELEASE
December 27, 1999
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation concerning the composition of a board of law library trustees.
Under existing law (Business and Professions Code Section 6301), the judges of a unified superior court may select either four or five judge trustees, depending on the number of judge trustees authorized as of January 1, 1998. The Commission proposes to revise the law to permit the judges of a unified superior court to select either four or five judge trustees at their discretion, without regard to how many judge trustees were authorized as of January 1, 1998. Subject to certain exceptions, the proposed legislation would also permit each county to have either a six- or a seven-member board, as best meets the needs of the county.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by March 15, 2000.
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NEWS RELEASE
December 27, 1999
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Request for Public Comment
As part of its study of administrative rulemaking, the Commission is requesting public comment regarding Penal Code Section 5058, which provides special procedures for rulemaking by the California Department of Corrections. In particular, the Commission is interested in receiving comment regarding the procedures for emergency regulations and for regulations that relate to a pilot program. The request for comment is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The request for comment is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
To receive timely consideration, comments should be submitted by February 28, 2000.
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NEWS RELEASE
December 3, 1999
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation concerning authority to appoint a receiver.
Under existing law, a court's authority to appoint a receiver depends on whether the underlying litigation is pending in superior court or in municipal court, and whether the case is classified as a limited civil case or otherwise. The Law Revision Commission proposes to eliminate these differences. This would not be a significant substantive change in the law, but would simplify the statutes and provide uniform court procedures.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by January 31, 2000.
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NEWS RELEASE
November 15, 1999
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation to improve public access to information regarding proposed rulemaking action by state agencies. The proposed law would make three minor changes to the rulemaking provisions of the Administrative Procedure Act:
(1) The notice of proposed rulemaking action should include an explanation of how to obtain a copy of an agency's final statement of reasons for the proposed rulemaking action.
(2) If an agency decides not to proceed with a proposed rulemaking action, notice of that decision should be published in the California Regulatory Notice Register.
(3) If an agency maintains an Internet website, its initial statement of reasons, final statement of reasons, and notice of any decision not to proceed should be published on the website.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by January 21, 2000.
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NEWS RELEASE
November 3, 1999
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Law Revision Commission Begins Study
The California Law Revision Commission is beginning a study of mechanic's lien law (Civil Code Section 3082 et seq. and related provisions, including the stop notice statute). The scope and direction of the study will be discussed at the next Commission meeting, to be held on Tuesday, November 30, 1999, in Room 125 in the State Capitol, Sacramento.
The Commission's study was requested by the Assembly Committee on Judiciary, which has asked the Commission to make a comprehensive review of the mechanic's lien law and to suggest areas of reform. Due to the current legislative interest in this area of the law, which has seen introduction of a number of reform bills in recent years, the Commission will give this study a high priority.
At this stage of the project, the Commission is soliciting public input on problems in existing law and suggestions on how the law could be reformed to address these problems.
Persons or organizations interested in participating in this project, or in commenting on any tentative recommendations produced, should contact the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. Tel: 650-494-1335. Fax: 650-494-1827. Email: sulrich@clrc.ca.gov.
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NEWS RELEASE
October 26, 1999
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation concerning revocable trust accounting.
This recommendation rejects the rule of Evangelho v. Presoto, 67 Cal. App. 4th 615, 79 Cal. Rptr. 2d 146 (1998). That case misinterprets existing law, giving beneficiaries of a revocable trust the right, after the death of the settlor, to require an accounting covering the period when the trust was revocable. Trust beneficiaries do not have rights under the Trust Law while the trust is revocable. Consequently, they cannot require a trust accounting covering the period when the trust was revocable. The recommended legislation would make a clear statement of this existing principle.
The tentative recommendation is available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation is also available at the Commission's website (www.clrc.ca.gov) by following the "Public Comment" link.
The Commission often substantially revises its recommendations as a result of public comment. To receive timely consideration, comments should be submitted by January 31, 2000.
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NEWS RELEASE
September 9, 1999
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Request for Public Comment
The California Law Revision Commission seeks public comment on its tentative recommendation concerning the jurisdictional classification of a good faith improver claim.
The Commission proposes to revise Code of Civil Procedure Section 871.3 to clarify (1) the jurisdictional classification of a case in which a good faith improver claim is asserted by way of complaint, and (2) the jurisdictional classification of a case in which a good faith improver claim is asserted by way of cross-complaint. This would not be a substantive change in the law.
The tentative recommendation is available from the California Law
Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA
94303-4739 (Tel: 650-494-1335). The tentative recommendation is also
available at the Commission's website
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by November 15, 1999.
Request for Public Comment
The California Law Revision Commission seeks public comment on its
tentative recommendation addressing two problems in probate law.
Alternate Beneficiary for Unclaimed Distribution
When a court orders distribution from a decedent's estate to a person
whose whereabouts is unknown, the court would be required to name an
alternate beneficiary for the distributee's share. If the distributee
fails to claim the share within three years, the alternate beneficiary
would be entitled to that share. This recommendation would effectuate
the presumed intent of a decedent that the decedent's property go to the
decedent's beneficiaries, rather than escheat to the state.
Liability of Property Passing to Surviving Spouse for Debts of Decedent
Under existing law, even though a surviving spouse may obtain a court
determination that property of the decedent has passed to the spouse
without probate, the decedent's creditors may recover against the
surviving spouse. The recommendation proposes another option that would
enable the parties to avoid multiple actions where there are numerous
creditors. The recommendation would make available the existing Probate
Code procedure (Sections 13560-13564) for discharge of spousal liability
through an estate proceeding.
The tentative recommendation is available from the California Law
Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA
94303-4739 (Tel: 650-494-1335). The tentative recommendation is also
available at the Commission's website
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by November 15, 1999.
Assemblyman Howard Wayne, of San Diego, has been elected Chairperson of
the California Law Revision Commission. The Vice Chairperson is Sanford
M. Skaggs, of Walnut Creek.
The Law Revision Commission is a state agency responsible for studying
California law at the request of the state Legislature and recommending
needed reforms to the Legislature. The Commission recently drafted, at
the Legislature's direction, statutory revisions to implement trial
court unification. Projects currently underway include clarification of
the rules governing health care decisionmaking for incapacitated
persons, revision of the state's administrative procedure act, and
resolution of problems in eminent domain law and probate law.
Assemblyman Howard Wayne, the new Chairperson, was appointed to the
Commission in 1998. He served as the Commission's Vice Chairperson
during the past year. Wayne is a graduate of the University of San Diego
Law School, where he was an editor of the law review and president of
the alumni association. He served 23 years as a Deputy Attorney General,
including four years as a supervising deputy. Wayne has also served as a
Supreme Court Fellow with the National Association of Attorneys General.
Assemblyman Wayne is a member of the Clairemont Town Council, the
Pacific Beach Town Council, the North Park Community Association, the
Point Loma Association, and the La Jolla Town Council. He was elected to
the state Assembly in 1996, and re-elected in 1998, to represent the
78th Assembly District in San Diego, Coronado, and Imperial Beach.
The Law Revision Commission's new Vice Chairperson, Sanford M. Skaggs,
has been a member of the Law Revision Commission since 1990. He has
previously served a term as Chairperson and as Vice Chairperson. Skaggs,
a 1964 graduate of the University of California School of Law (Boalt
Hall), is a partner of McCutchen, Doyle, Brown & Enersen and resident in
its Walnut Creek office. His practice emphasizes land use and other
local government issues and related litigation including condemnation.
He also serves as a mediator and judge pro tem for the Contra Costa
County Superior Court.
Request for Public Comment
The California Law Revision Commission seeks public comment on its
tentative recommendation addressing selected issues in judicial review
of agency action.
In 1997 the Law Revision Commission recommended comprehensive
legislation to simplify the law governing judicial review of agency
action. The legislation was not enacted. The Commission now identifies
three discrete elements of the earlier recommendation that may be
appropriate for separate enactment. These are:
(2) Expand superior court venue for mandamus to review state agency
action to include Sacramento County.
(3) Require a state agency to give notice to the parties of the calendar
date of the last day for judicial review in an adjudication by the
agency.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by September 30, 1999.
Request for Public Comment
The California Law Revision Commission seeks public comment on its
tentative recommendation relating to the Air Resources Division of the
Health and Safety Code (Health & Safety Code § 39000 et seq.). The
tentative recommendation would correct a number of technical defects in
Parts 1 to 4 of that division (Health & Safety Code §§ 39000-42708).
The tentative recommendation is available from the California Law
Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA
94303-4739 (Tel: 650-494-1335). The tentative recommendation is also
available at the Commission's website
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by September 15, 1999.
Request for Public Comment
The California Law Revision Commission is making available for public
review and comment a list of specific exceptions to the rulemaking
requirements of the Administrative Procedure Act (Gov't Code §§
11340-11359). The Commission would like to receive comment on whether
any of the listed exceptions are obsolete, technically defective, or
inappropriate as a matter of policy.
The list of exceptions is available from the California Law Revision
Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739.
The list is also available at the Commission's website
(www.clrc.ca.gov), by following the "Public Comment" link.
To receive timely consideration, comments should be submitted by July
30, 1999.
Request for Public Comment
The California Law Revision Commission is making available for
public review and comment a Tentative Recommendation concerning
Administrative Rulemaking.
The tentative recommendation proposes a number of changes in
the Administrative Procedure Act to improve the efficiency of the
rulemaking process while preserving the important benefits that it
provides.
The recommended changes include:
(2) Refinements to the exceptions to the rulemaking
requirements.
(3) Minor improvements to the rulemaking procedure.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by July 16, 1999.
Request for Public Comment
The California Law Revision Commission is making available for
public review and comment a Tentative Recommendation concerning
the Homestead Exemption.
The Commission proposes repealing the declared homestead procedure
and amending the automatic homestead exemption to protect proceeds of a
voluntary sale on the same basis as other homestead proceeds are
protected. Dwelling proceeds would be exempt in the amount of the
homestead exemption for which the debtor qualifies. The burden would be
on the exemption claimant to prove qualification for the exemption and
the amount. Proceeds would be held in an exempt account for six months
for the purpose of purchasing another qualifying homestead or else
applied to satisfaction of creditors' liens. Consistent with the general
rule applicable to execution sales, the statute would be revised to
require satisfaction of senior liens and encumbrances, rather than all
liens and encumbrances on the property, and junior liens would be
extinguished by an execution sale on a senior lien.
The proposed revisions are intended to simplify a confusing
statute that debtors, creditors, lawyers, and both state and federal
bankruptcy courts have trouble understanding and applying. In the
process of revision, the Commission has sought to preserve the major
benefit offered by the homestead declaration procedure and the balance
between debtors and creditors reflected in the current statutory scheme.
The tentative recommendation is available from the California Law
Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA
94303-4739, 650-494-1335. The tentative recommendation is also available
at the Commission's website (www.clrc.ca.gov), following the "Public
Comment" link.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by September 15, 1999.
Request for Public Comment
The California Law Revision Commission is making available for
public review and comment a Tentative Recommendation concerning
Enforcement of Judgments Under the Family Code: Technical Revisions.
The Commission proposes a number of technical revisions to
coordinate the rules in the Code of Civil Procedure and Family Code
relating to enforceability and renewal of judgments under the Family
Code, including judgments for support and judgments for possession or
sale of property. The proposed legislation is not intended to make major
substantive changes, but to eliminate overlapping and confusing rules
and clarify some doubtful areas.
The tentative recommendation is available from the California Law
Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA
94303-4739, 650-494-1335. The tentative recommendation is also available
at the Commission's website (www.clrc.ca.gov), following the "Public
Comment" link.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by August 31, 1999.
Request for Public Comment
The California Law Revision Commission is making available for public
review and comment its tentative recommendation to clarify selected
issues involving compensation for loss of business goodwill in eminent
domain.
The recommendation would clear up a number of technical questions that
have arisen in connection with compensation for loss of business
goodwill in eminent domain proceedings. It would make clear that a
pretrial exchange of valuation data is to include data relating to
compensation for loss of goodwill, and would require as an aspect of the
exchange that an expert identify the method of valuation and summarize
the supporting data. The recommendation would also make clear that
claimed compensation for loss of goodwill is to be included in the final
offer and demand of the parties.
In addition, the recommendation solicits input to the Law Revision
Commission on proper accounting techniques involving loss of business
goodwill.
The tentative recommendation is available from the California Law
Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA
94303-4739, 650-494-1335. The tentative recommendation is also available
at the Commission's website (www.clrc.ca.gov), following the "Public
Comment" link.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by May 30, 1999.
Discussion Draft Available for Review and Comment
The California Law Revision Commission is making available for public
review and comment a Discussion Draft concerning the Uniform Principal
and Income Act.
This draft statute would replace the California Revised Uniform
Principal and Income Act (Prob. Code §§ 16300-16315) (RUPIA) with a
statute based on the new Uniform Principal and Income Act approved by
the Uniform Law Commissioners in 1997. The draft statute makes a number
of minor and technical revisions in the text of the uniform act.
The new statute would modernize the law to take account of new estate
planning practices and new financial instruments that have developed
since RUPIA was promulgated in 1962.
The new statute would also make needed revisions in principal and income
rules for consistency with the prudent investor rule embodied in the
Uniform Prudent Investor Act (Prob. Code §§ 16045-16054), which was
enacted in California in 1995. Existing principal and income rules,
which focus on trust accounting principles, can conflict with the
overriding duty of a prudent investor to invest trust assets as a
portfolio.
The discussion draft is available from the California Law Revision
Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739.
The discussion draft is also available at the Commission's website
(www.clrc.ca.gov), following the "Public Comment" link.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by November 30, 1998.
Request for Public Comment
The California Law Revision Commission is making available for public review and
comment its tentative recommendation on condemnation by privately-owned public
utilities.
The power of privately-owned public utilities to condemn property predates
deregulation of the utilities. The Law Revision Commission recommends that the
law make clear the authority of the Public Utilities Commission to regulate
exercise of eminent domain authority by privately-owned public utilities to the
extent the Public Utilities Commission determines is appropriate in light of the
circumstances.
The tentative recommendation, which includes draft legislation, is available from
the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo
Alto, CA 94303-4739. The tentative recommendation is also available at the
Commission's website (www.clrc.ca.gov), following the "Public Comment" link.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by November 15, 1998.
Request for Public Comment
The California Law Revision Commission is making available for public review and
comment its tentative recommendation to clarify Evidence Code Section 822,
relating to eminent domain valuation evidence.
Evidence Code Section 822(a)(1) provides that evidence of a sale of "property
appropriated to a public use or a property interest so appropriated shall not be
excluded under this section if the acquisition was for the same public use for
which the property could have been taken by eminent domain." The Law Revision
Commission recommends clarification of this confusing language to effectuate its
intended purpose.
The tentative recommendation, which includes draft legislation, is available from
the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo
Alto, CA 94303-4739. The tentative recommendation is also available at the
Commission's website (www.clrc.ca.gov), following the "Public Comment" link.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by November 15, 1998.
Request for Public Comment
Pursuant to legislative directive, the California Law Revision Commission is
proposing the reorganization of California's environmental statutes into a new
code, the Environment Code. A tentative recommendation on this subject is
available for public review and comment.
The reorganization gathers related sections that are currently scattered
throughout multiple codes and places them in a consolidated and well-ordered
structure. In the process of reorganization, obsolete provisions and other
drafting defects are identified and corrected. The proposed Environment Code
improves the organization of environmental laws, but does not affect their
substance.
The Commission intends to develop the Environment Code incrementally, over a
number of years. The tentative recommendation proposes the creation and enactment
of the first four divisions of the Environment Code:
The Commission often substantially revises its recommendations as a result of
public comment. To receive timely consideration, comments should be submitted by
November 15, 1998.
Request for Public Comment
The California Law Revision Commission is making available for public
review and comment a tentative recommendation on Health Care Decisions
for Incapacitated Adults.
The tentative recommendation proposes a new Health Care Decisions Law to
consolidate the Natural Death Act and the statutes governing the durable
power of attorney for health care, and provide comprehensive rules
relating to health care decisionmaking for incapacitated adults. Drawing
heavily on the Uniform Health-Care Decisions Act (1993), the proposed
law includes new rules governing individual health care instructions,
and provides a new optional statutory form of an advance health care
directive.
The proposed law would add procedures governing surrogate health care
decisionmakers ("family consent") where an individual has not appointed
an agent and no conservator of the person has been appointed. It would
also add procedures for making health care decisions for patients who do
not have any surrogate willing to serve.
Conforming changes in the procedure for obtaining court authorization
for medical treatment would make clear that courts in proper cases have
the same authority as other surrogates to make health care decisions,
including withholding or withdrawal of life-sustaining treatment.
Similarly, the statute governing decisionmaking by conservators for
patients who have been adjudicated to lack the capacity to make health
care decisions are conformed to the standards governing other health
care surrogates.
The tentative recommendation, which includes draft legislation, is
available from the California Law Revision Commission, 4000 Middlefield
Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation
is also available at the Commission's website, following the "Public
Comment" link at this URL: http://161.58.165.226/
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by August 31, 1998.
New Study
The California Law Revision Commission announces activation of its study
of the California Eminent Domain Law. That law was enacted in 1975 and
has not been systematically reviewed since then. The Law Revision
Commission plans to review the law in light of 23 years of experience
under it, and recommend to the Governor and Legislature any corrections
and improvements that appear proper.
Issues to be addressed include such matters as date of valuation,
general benefits and severance damages, offer and demand and litigation
expenses, condemnation by privately owned public utilities, and
admissibility of comparable sales to public entities.
The Law Revision Commission solicits suggestions as to any other issues
in the Eminent Domain Law that should be addressed.
Persons or organizations interested in participating in these studies,
or in commenting on any tentative recommendations produced, should
contact the California Law Revision Commission, 4000 Middlefield Road,
Room D-1, Palo Alto, CA 94303-4739. The Commission's phone number is
650-494-1335 and its email address is Commission@clrc.ca.gov.
Revised Request for Public Comment
The California Law Revision Commission is making available for public
review and comment its revised tentative recommendation proposing to
reform the evidentiary provisions governing negotiations to settle a
civil case (Evidence Code Sections 1152 and 1154). Under the new
proposal, evidence of settlement negotiations would be generally
inadmissible in a civil case or other noncriminal proceeding.
With exceptions, the proposal would also make settlement negotiations
confidential and protect evidence of such negotiations (other than a
settlement agreement) from discovery in a noncriminal proceeding. These
protections would apply only if the participants execute a written
agreement before the negotiation, setting out the text of the statute
and stating that the provision applies to the negotiation.
The Commission solicits views on the general concepts and on the details
of the proposed reform.
The tentative recommendation, which includes draft legislation, is
available from the California Law Revision Commission, 4000 Middlefield
Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation
is also available at the Commission's website, following the "Public
Comment" link at this URL: http://161.58.165.226/.
The tentative recommendation may be downloaded from an associated FTP
directory. The Commission often substantially revises its
recommendations as a result of public comment. To receive timely
consideration, comments should be submitted by July 31, 1998.
Request for Public Comment
The California Law Revision Commission is making available for public
review and comment a tentative recommendation relating to administrative
rulemaking by state agencies.
The current rulemaking procedure does not differentiate between a
proposed regulatory action that elicits adverse public comments and one
that does not. This is inefficient because some procedures that make
sense when adopting a controversial regulation make little or no sense
when a regulation is noncontroversial. The Commission proposes two
reforms that would improve efficiency:
(2) The creation of a simplified notice and comment procedure that an
agency may use when proposing a regulatory action that it expects will
be noncontroversial ("consent regulation procedure"). If any adverse
public comment is received in response to a proposed regulatory action,
the consent regulation procedure may not be used.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by August 15, 1998.
Request for Public Comment
The California Law Revision Commission is making available for public
review and comment its tentative recommendation on the Uniform TOD
Security Registration Act. The tentative recommendation proposes
enactment of the uniform act, which allows the owner of securities to
register title in transfer-on-death form. On death of the owner, title
to the securities passes to the designated beneficiary, and the
beneficiary may obtain reregistration of the security in the
beneficiary's own name.
The tentative recommendation, which includes draft legislation, is
available from the California Law Revision Commission, 4000 Middlefield
Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation
is also available at the Commission's website, following the "Public
Comment" link at this URL: http://161.58.165.226/. The tentative
recommendation may be downloaded from an associated FTP directory.
The Commission often substantially revises its tentative recommendations
as a result of public comment. To receive timely consideration, comments
should be submitted by May 31, 1998.
Request for Public Comment
The California Law Revision Commission is making available for public
review and comment a tentative recommendation relating to administrative
rulemaking. Under existing law, a generally applicable agency statement
interpreting a law that the agency enforces or administers must be
adopted as a regulation, even if it is intended only as nonbinding
advice. The cost and delay associated with adoption of regulations may
deter an agency from offering such advice, to the detriment of the
regulated community.
The tentative recommendation offers an option. Instead of adopting a
regulation, an agency could choose to communicate nonbinding
interpretive advice by adopting an "advisory interpretation." An
advisory interpretation has no legal effect other than to bind the
adopting agency in any later enforcement action. The procedure for
adoption of an advisory interpretation includes provisions for public
notice and comment, but is substantially less time-consuming than the
procedure for adoption of a regulation.
The tentative recommendation, which includes draft legislation, is
available from the California Law Revision Commission, 4000 Middlefield
Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation
is also available at the Commission's website, following the "Public
Comment" link at this URL: http://161.58.165.226/. The tentative
recommendation may be downloaded from an associated FTP directory.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by June 15, 1998.
Request for Public Comment
The California Law Revision Commission is making available for public
review and comment a tentative recommendation relating to the effect of
dissolution of marriage on nonprobate transfers to the former spouse.
Under existing law, dissolution of marriage does not affect a nonprobate
transfer to the former spouse. This is contrary to the likely intentions
of most divorcing parties and is inconsistent with the law governing
wills and other inheritance rights. Under the tentative recommendation,
dissolution of marriage would prevent the operation of a revocable
nonprobate transfer on death to the former spouse, unless there is clear
and convincing evidence that the transferor intends to preserve the
nonprobate transfer in favor of the former spouse.
The tentative recommendation, which includes draft legislation, is
available from the California Law Revision Commission, 4000 Middlefield
Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation
is also available at the Commission's website, following the "Public
Comment" link at this URL: http://161.58.165.226/. The tentative
recommendation may be downloaded from an associated FTP directory.
The Commission often substantially revises its recommendations as a
result of public comment. To receive timely consideration, comments
should be submitted by April 30, 1998.
Request for Public Comment
The California Law Revision Commission is making available for public
review and comment its Tentative Recommendation on Response to Demand
for Production of Documents in Discovery (November 1997). The
recommendation would extend the time for a response to a demand for
production of documents in civil discovery to 30 days from the present
20 days. It will tend to reduce frequent motions or requests for an
extension of time, will conform the California time period to that in
Rule 34 of the Federal Rules of Civil Procedure, and will make it the
same as the 30-day period in California for a response to written
interrogatories and requests for admission.
The tentative recommendation, which includes draft legislation, is
available from the California Law Revision Commission, 4000 Middlefield
Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation
is also available at the Commission's website, following the "Public
Comment" link at this URL: http://161.58.165.226/. The tentative
recommendation may be downloaded from an associated FTP directory.
The Commission often substantially revises its tentative recommendations
as a result of public comment. To receive timely consideration, comments
should be submitted by January 31, 1998.
Tentative Recommendations Available for Review and Comment
The Law Revision Commission seeks public comment on its tentative recommendations to revise the state codes for trial court unification under SCA 4 (Lockyer) -- 1996 res. ch. 36. That measure, which is scheduled to appear on the June 1998 ballot, would allow the trial courts in a county to unify on a vote of a majority of the superior court judges and a majority of the municipal court judges in that county.
The code revisions are proposed for enactment in 1998, operative only if SCA 4 is approved by the electors. Four separate documents are available covering all of California's codes: (1) Code of Civil Procedure, (2) Government Code, (3) Penal Code, and (4) miscellaneous codes.
The tentative recommendations, which include draft legislation, are available from the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendations are also available through the Commission's Homepage on the Internet, following the "Public Comment" Link at this URL: http://www.clrc.ca.gov. Direct links are provided below.
------------------------------------------------------------
(1) Revision of Code of Civil Procedure
In Macintosh Word 5.1 format as
ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-CCP.doc
(file size: 294K, 95 pp.), and in Adobe Acrobat (PDF) format as
ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-CCP.pdf
(file size: 347K, 95 pp.)
------------------------------------------------------------
(2) Revision of Government Code
In Macintosh Word 5.1 format as ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-GovtCode.doc (file size: 292K, 102 pp.), and in Adobe Acrobat (PDF) format as ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-GovtCode.pdf (file size: 361K, 102 pp.)
------------------------------------------------------------
(3) Revision of Penal Code
In Macintosh Word 5.1 format as ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-PenalCode.doc (file size: 287K, 98 pp.), and in Adobe Acrobat (PDF) format as ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-PenalCode.pdf (file size: 352K, 98 pp.)
------------------------------------------------------------
(4) Revision of Miscellaneous Codes
In Macintosh Word 5.1 format as ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-MiscCodes.doc (file size: 374K, 121 pp.), and in Adobe Acrobat (PDF) format as ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-MiscCodes.pdf (file size: 441K, 121 pp.)
------------------------------------------------------------
The Commission often substantially revises its tentative recommendations as a result of public comment. To receive timely consideration, comments should be submitted by November 21, 1997.
Request for Public Comment
The California Law Revision Commission requests public comment on a new project
to consolidate California's environmental laws.
The Legislature has directed the Law Revision Commission to propose a
reorganization of California's environmental quality and natural resources
statutes. See 1997 Cal. Stat. res. ch. 102. This project is not a policy
revision. Its purpose is to simplify and consolidate existing statutes by
bringing them together in an organized way that will make them more usable and
accessible than existing law. The Commission also may propose to eliminate
obsolete and duplicative statutes, and may suggest ways to resolve
inconsistencies between statutes.
The Commission has released a proposed outline of a California Environmental
Code, with commentary. The Commission requests public comment on several points,
including whether the project to consolidate the state's environmental laws is
desirable and whether the proposed outline is sound.
The request for public comment, with Environmental Code outline, is available
from the California Law Revision Commission, 4000 Middlefield Road, Room D-1,
Palo Alto, CA 94303-4739. This material is also available through the
Commission's website, following the "Public Comment" Link at this URL:
http://161.58.165.226/. Direct links are provided below.
The Request for Comment is available in Adobe Acrobat format at:
ftp://ftp.clrc.ca.gov/Study-E-Environmental/RFC-EnvironmentCode.pdf
and in Macintosh Microsoft Word 5 format at:
ftp://ftp.clrc.ca.gov/Study-E-Environmental/RFC-EnvironmentCode.doc
To receive timely consideration, comments should be submitted by November 21,
1997.
Request for Public Comment
The Law Revision Commission seeks public comment on its tentative recommendation
to revise the Penal Code for trial court unification under SCA 4 (Lockyer) --
1997 res. ch. 36. That measure, which is scheduled to appear on the June 1998
ballot, would allow the trial courts in a county to unify on a vote of a
majority of the superior court judges and a majority of the municipal court
judges in the county.
The Penal Code revisions are proposed for enactment in 1998, operative only if
SCA 4 is approved by the electors. This tentative recommendation is one of a
series covering all of California's codes.
The tentative recommendation, which includes draft legislation, is available
from the California Law Revision Commission, 4000 Middlefield Road, Room D-1,
Palo Alto, CA 94303-4739. The tentative recommendation is also available through
the Commission's website, following the "Public Comment" Link at this URL:
http://161.58.165.226/. Direct links are provided below.
The TR is available in Adobe Acrobat format at:
ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-PenalCode.doc
and in Macintosh Microsoft Word 5 format at:
ftp://ftp.clrc.ca.gov/Study-J-CivilProcedure/J1300-TrialCourtUnification/TR-TCU-PenalCode.doc
The Commission often substantially revises its tentative recommendations as a
result of public comment. To receive timely consideration, comments should be
submitted by November 21, 1997.
Request for Public Comment
The California Law Revision Commission is making available for public review and
comment its tentative recommendation proposing to reform the evidentiary
provisions governing negotiations to settle a civil case (Evidence Code Sections
1152 and 1154). The proposal seeks to foster productive settlement negotiations
by making offers of compromise and other settlement overtures generally
inadmissible against the person seeking to compromise. It would also add an
explicit statutory standard providing protection against discovery of such
evidence in specified circumstances.
The Commission solicits views on the general concepts and on the details of the
proposed reform.
The tentative recommendation, which includes draft legislation, is available
from the California Law Revision Commission, 4000 Middlefield Road, Room D-1,
Palo Alto, CA 94303-4739. The tentative recommendation is also available through
the Commission's website on the Internet, following the "Public Comment" Link at
this URL: http://161.58.165.226/. The tentative recommendation may be
downloaded from an associated FTP directory.
The Commission often substantially revises its tentative recommendations as a
result of public comment. To receive timely consideration, comments should be
submitted by October 31, 1997.
Request for Public Comment
The California Law Revision Commission is making available for public review and
comment its tentative recommendation on inheritance by a foster child or
stepchild. Existing law treats a foster child or stepchild as a natural child
for purposes of inheritance if the relationship with the foster parent or
stepparent began during the child's minority and continued throughout their
joint lifetimes, and it is established by clear and convincing evidence that the
foster parent or stepparent would have adopted the child "but for a legal
barrier." The tentative recommendation would codify case law holding that the
legal barrier to adoption need only exist at the time the adoption was
contemplated or attempted, and rejects cases holding that the legal barrier must
exist throughout their joint lifetimes.
The tentative recommendation, which includes draft legislation, is available
from the California Law Revision Commission, 4000 Middlefield Road, Room D-1,
Palo Alto, CA 94303-4739. The tentative recommendation is also available through
the Commission's Homepage on the Internet, following the "Public Comment" link
at this URL: http://161.58.165.226/. The tentative recommendation may be
downloaded from an associated FTP directory.
The Commission often substantially revises its tentative recommendations as a
result of public comment. To receive timely consideration, comments should be
submitted by July 1, 1997.
Law Revision Commission Study
The Law Revision Commission is beginning its study of statute changes that
would be required to implement trial court unification under SCA 4 (Lockyer) --
1996 Cal. Stat. res. ch. 36. That measure, which is scheduled to appear on the
June 1998 ballot, would allow trial court unification in a county on a vote of a
majority of the superior court judges and a majority of the municipal court
judges in the county.
The Commission expects to propose implementing legislation for enactment in
1998, operative only if SCA 4 is approved by the electors. Persons interested in
participating in this study, or in reviewing and commenting on any tentative
recommendations circulated for comment, should notify the Law Revision
Commission.
Request for Public Comment
The California Law Revision Commission is making available for public review and
comment its tentative recommendation that a judgment of dissolution or annulment
of marriage should sever a joint tenancy between the spouses. Under existing
law, dissolution or annulment of marriage does not sever marital joint tenancy
property, with the result that in the relatively rare case where a joint tenant
dies after dissolution or annulment of marriage but before property division,
the property may pass to the ex-spouse rather than to the decedent's heirs or
devisees. The proposed law corrects this defect so that the law conforms to the
likely intent of the parties.
The tentative recommendation, which includes draft legislation, is available
from the California Law Revision Commission, 4000 Middlefield Road, Room D-1,
Palo Alto, CA 94303-4739. The tentative recommendation is also available through
the Commission's web site on the Internet at this URL: http://161.58.165.226/. The
tentative recommendation may be downloaded from an associated FTP directory.
The Commission often substantially revises its tentative recommendations as a
result of public comment. To receive timely consideration, comments should be
submitted by March 31, 1997.
Request for Public Comment
The California Law Revision Commission invites public comment on a proposed
revision of the statutes governing mediation confidentiality.
The tentative recommendation would eliminate ambiguities in the evidentiary
provisions governing mediation confidentiality (Evidence Code Sections 703.5,
1152.5, 1152.6). In particular, the proposal would clarify the application of
mediation confidentiality to settlements reached through mediation. The proposal
also would add definitions of "mediation" and "mediator" to the Evidence Code,
consolidate mediation confidentiality statutes in that code, and clarify other
aspects of mediation confidentiality.
The tentative recommendation, which includes draft legislation, is available
from the California Law Revision Commission, 4000 Middlefield Road, Palo Alto,
CA 94303-4739. The tentative recommendation is also available at the
Commission's web site on the Internet at this URL: http://161.58.165.226/. Follow the
"Public Comment" link, and look for "TR-MediationConfidentiality" -- the
tentative recommendation may be downloaded from an associated FTP directory.
The Commission often substantially revises its tentative recommendations as a
result of public comment. To receive timely consideration, comments should be
submitted by September 20, 1996.
Request for Public Comment
The California Law Revision Commission invites public comment on a proposed
revision of the statutes governing unfair competition litigation actions brought
on behalf of the general public.
The Tentative Recommendation would make revisions in the unfair competition law
(Bus. & Prof. Code § 17200 et seq.) to limit the potential for abuse and to help
ensure that the interests of the general public are adequately represented. The
proposal focuses on the need to provide a degree of finality in representative
actions to avoid repetitive claims on behalf of the general public and improve
the settlement process. The proposal also imposes certain formalities intended
to inhibit the use of claims on behalf of the general public to increase
leverage in disputes between business entities.
Under the proposed revisions:
-- A plaintiff seeking to represent the general public would have to meet
basic conflict of interest standards and the plaintiff's attorney would need to
be an adequate legal representative of the interests of the general public pled
in the action.
-- Notice of commencement of a representative action, and notice of
proposed terms of a judgment, would be given to the Attorney General and
district attorney. Notice of the proposed terms of the judgment would also be
given to parties in other similar cases against the defendant, to anyone who
requests notice, and to other persons as ordered by the court.
-- A fairness hearing would be held to ensure that the judgment is "fair,
reasonable, and adequate" to protect the interests of the general public.
Interested persons would be permitted to appear and comment on the proposed
terms.
-- The determination of the representative claim on behalf of the general
public would be conclusive and would bar any further representative claims on
that cause of action. The right to sue for individual claims would not be cut
off by this rule, but any individual recovery would be subject to setoff in the
amount of any monetary recovery due the individual as a member of the general
public.
-- Prosecutors would be given priority over private plaintiffs in
representing the public, so long as substantial restitution is obtained in the
prosecutor's action.
This tentative recommendation, which includes draft legislation, is available
from the California Law Revision Commission, 4000 Middlefield Road, Palo Alto,
CA 94303-4739. The tentative recommendation is also available at the
Commission's Homepage on the Internet at http://161.58.165.226/. Follow the
"Public Comment" link, and look for "TR-UnfairCompetition" -- the tentative
recommendation may be downloaded from an associated FTP directory.
The Commission often substantially revises its tentative recommendations as a
result of public comment. To receive timely consideration, comments should be
submitted by August 30, 1996.
Revised Request for Public Comment
The California Law Revision Commission invites public comment on a proposed
comprehensive revision of procedures for judicial review of governmental action.
The proposal would replace the various existing procedures for judicial review
of agency action with a single, straightforward statute for judicial review of
all forms of state and local agency action, whether quasi-judicial,
quasi-legislative, or otherwise. It would clarify the standard of review and the
rules for standing, exhaustion of administrative remedies, limitations periods,
and other procedural matters.
The proposal is a revised version of a tentative recommendation circulated for
comment last year. The revised version reflects public comment received on the
original proposal.
The revised tentative recommendation, which includes draft legislation, is
available from the California Law Revision Commission, 4000 Middlefield Road,
Palo Alto, CA 94303-4739. The revised tentative recommendation is also available
through the Commission's Homepage on the Internet, following the "Public
Comment" link at this URL: http://161.58.165.226/. Look for the "Judicial
Review of Agency Action" link. The revised tentative recommendation may be
downloaded from an associated FTP directory.
The Commission often substantially revises its tentative recommendations as a
result of public comment. To receive timely consideration, comments should be
submitted by August 15, 1996. The Commission will accept comments by email, but
please include your mailing address.
ETHICAL STANDARDS FOR ADMINISTRATIVE LAW JUDGES
--and--
ADMINISTRATIVE ADJUDICATION BY QUASI-PUBLIC ENTITIES
The California Law Revision Commission announces the availability of two
tentative recommendations on administrative procedure for public review and
comment.
(1) Ethical Standards for Administrative Law Judges
This tentative recommendation proposes to adapt the California Code of Judicial
Ethics (1996) to govern the hearing and nonhearing conduct of state
administrative law judges. A violation of the new ethical standards would be
grounds for disciplinary action against the administrative law judge.
(2) Administrative Adjudication by Quasi-Public Entities
This tentative recommendation would impose the administrative adjudication
provisions of the state Administrative Procedure Act, including the
administrative adjudication "bill of rights," on any statutorily or
constitutionally required evidentiary hearing of a quasi-public entity
administering a state function.
These tentative recommendations, which include draft legislation, are available
from the California Law Revision Commission, 4000 Middlefield Road, Room D-1,
Palo Alto, CA 94303-4739. The tentative recommendations are also available
through the Commission's Homepage on the Internet, following the "Public
Comment" Link at this URL: http://www.clrc.ca.gov. The tentative
recommendations may be downloaded from an associated FTP directory and may be
made available in a form readable online with a web browser.
The Commission often substantially revises its tentative recommendations as a
result of public comment. To receive timely consideration, comments should be
submitted by May 10, 1996.
Law Revision Commission Begins Study
As the next phase in its continuing study of the state Administrative
Procedure Act, the California Law Revision Commission will shortly begin its
review of statutes governing adoption of regulations by state agencies.
The Law Revision Commission invites written suggestions from the public for
specific improvements in the state rulemaking statutes.
Persons wishing to review the Commission's final or tentative
recommendations on this topic who are not already on the Commission's
administrative law mailing list may register their interest by writing to the
Commission.
Request for Public Comment
The California Law Revision Commission invites public comment on a proposal to
repeal the best evidence rule, which makes secondary evidence generally
inadmissible to prove the content of a writing. The proposal would replace the
best evidence rule with a new rule known as the secondary evidence rule. The new
rule would make secondary evidence (other than oral testimony) generally
admissible to prove the content of a writing, but would allow courts to exclude
such evidence if (1) a genuine dispute exists concerning material terms of the
writing and justice requires the exclusion, or (2) admission of the secondary
evidence would be unfair.
The tentative recommendation, which includes draft legislation, is available
from the California Law Revision Commission, 4000 Middlefield Road, Palo Alto,
CA 94303-4739. The tentative recommendation is also available through the
Commission's Homepage on the Internet, following the "Public Comment" Link at
this URL: http://161.58.165.226/
The Commission often substantially revises its tentative recommendations as a
result of public comment. To receive timely consideration, comments should be
submitted by February 29, 1995.
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August 26, 1999
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July 8, 1999
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(1) Abolish the case law rule that, if reconsideration of an
administrative decision is authorized, a party must petition for
reconsideration before seeking mandamus.
The tentative recommendation is available from the California Law
Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA
94303-4739 (Tel: 650-494-1335). The tentative recommendation is also
available at the Commission's website Top | Home | Site Map
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June 30, 1999
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June 7, 1999
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May 4, 1999
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(1) A provision authorizing, and in some cases requiring, the
use of electronic communications in the rulemaking process.
The tentative recommendation is available from the California Law
Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA
94303-4739, 650-494-1335. The tentative recommendation is also available
at the Commission's website (www.clrc.ca.gov), following the "Public
Comment" link.Top | Home | Site Map
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April 30, 1999
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April 29, 1999
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March 19, 1999
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November 2, 1998
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September 30, 1998
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September 30, 1998
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August 10, 1998
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1. Rules of Construction and Definitions
The tentative recommendation, which includes draft legislation, is available from
the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo
Alto, CA 94303-4739. The tentative recommendation is also available at the
Commission's website (www.clrc.ca.gov), following the "Public Comment" link.
2. General Provisions
3. California Environmental Quality Act
4. Air Resources
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June 25, 1998
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May 19, 1998
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April 30, 1998
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April 29, 1998
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(1) The circumvention of redundant reporting requirements where an
agency receives no adverse comments in response to a proposed regulatory
action.
The tentative recommendation, which includes draft legislation, is
available from the California Law Revision Commission, 4000 Middlefield
Road, Room D-1, Palo Alto, CA 94303-4739. The tentative recommendation
is also available at the Commission's website, following the "Public
Comment" link at this URL: http://161.58.165.226/. The tentative
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March 31, 1998
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March 30, 1998
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February 4, 1998
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NEWS RELEASE
November 17, 1997
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October 1, 1997
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September 17, 1997
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September 16, 1997
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August 12, 1997
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May 6, 1997
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March 26, 1997
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February 4, 1997
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June 17, 1996
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May 22, 1996
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May 21, 1996
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February 29, 1996
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January 26, 1996
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NEWS RELEASE
December 19, 1995
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