AB 2230: New year brings more efficient civil procedures

At a time when Republicans and Democrats are at each other's throats more than ever, one issue united them here in California -- simplifying the court system. To that end, Consumer Attorneys of California and the California Defense Counsel worked together to co-sponsor Assembly Bill 2230 (Berman) to create more efficient civil procedures in California's judicial system. It was signed into law by Gov. Jerry Brown on Sept. 10, 2018.

This law provides courts with the flexibility needed to be more efficient, giving judges discretion in regard to separate statements in discovery disputes as well as more time to rule on trial motions. Most attorneys have run aground on problems involving discovery dispute motions. There is so much detail required that they often overwhelm the court unnecessarily. This tedious process keeps judges bogged down in motions, clogs up the court's calendar and postpones cases for days, weeks and months. AB 2230 promotes efficiency by giving judges the option to allow attorneys to produce far shorter, more concise outlines of the discovery issues in dispute. In addition, this law will increase the timeframe allowing for a court to rule on a new trial motion from the current 60 days to a new threshold of 75 days. The increased time will give parties and judges the ability to grant extensions and more efficiently navigate the new trial process.

Consumer Attorneys of California also joined with the California Women's Law Center to co-sponsor SB 820, known as the STAND (Stand Together Against Non-Disclosures) Act. The STAND Act will ban confidentiality provisions in settlement agreements in cases of sexual harassment, sexual assault and sex discrimination for settlement agreements entered into on or after Jan. 1, 2019. The bill expressly allows, at the request of the claimant, that a settlement agreement include a provision that shields the identity of the claimant and all facts that could lead to the discovery of his or her identity and the amount paid in settlement of a claim.

Taken together, these two bills help edge California a few steps toward better functioning, more streamlined and fairer courts for all - judges, attorneys and the public. One additional change to note as of Jan. 1 of this year, SB 954 (Wieckowski) requires an attorney representing a client participating in mediation or a mediation consultation to provide the client with a written disclosure to be signed prior to conducting mediation with clients. The disclosure will contain the mediation confidentiality restrictions provided in the Evidence Code. The attorney must obtain acknowledgment signed by the client.

The disclosure must: (1) be printed in the preferred language of the client in at least 12-point font; (2) be printed on a single page that is not attached to any other document provided to the client; and (3) include the names of the attorney and the client and be signed and dated by the attorney and the client.

As for timing, the bill allows for some flexibility. The statute reads, "as soon as reasonably possible before the client agrees to participate in the mediation or mediation consultation." This language allows for attorneys to have their clients sign this disclosure at the same time as the retainer agreement. The form must follow the statutory requirements listed above.

SB 954 statutorily mandates the creation of a new form that all attorneys can use. For existing clients, attorneys will have to obtain consent on the disclosure, "as soon as reasonably possible before the client agrees to participate in mediation."