2010 Legislative Proposals

The following are legislative proposals developed by various Sections and/or Committees of the State Bar for possible introduction in the California Legislature in 2010.

For information concerning these proposals contact:

  • the person(s) named on the individual proposals;
  • Saul Bercovitch, Legislative Counsel, Office of Governmental Affairs; or
  • Mark Weideman, Legislative Representative for the State Bar Sections.
Title & Brief Description Sponsor Code §§ Affected
Proposal to Extend Anti-Deficiency Protection to Refinanced Mortgage Obligations (BLS-2010-01)
Would (1) extend purchase money anti-deficiency protection to homeowners who have refinanced their home loans, and (2) codify the right of sold-out property vendors who subordinate their liens to new construction financing to obtain a deficiency against the developer after foreclosure.
Business Law Section (Insolvency Law Committee) Amends §580b of the Code of Civil Procedure
Nonprofit and Unincorporated Association Cleanup (BLS-2010-02)
Would clarify various sections of the Corporations Code so that nonprofit corporations and unincorporated associations may have more certainty in their operations.
Business Law Section (Nonprofit & Unincorporated Organizations Committee) Adds §§7914 and 9634 to, and amends §§5211, 5212, 5213, 5235, 6321, 6324, 7211, 7212, 7213, 8321, 8324, 9211, 9212, 9213, 9250, and 18300 of the Corporations Code
Charitable Pledges (BLS-2010-03)
Would provide clear statutory guidance on when a charitable pledge is enforceable.
Business Law Section (Nonprofit & Unincorporated Organizations Committee) Adds §1616 to the Civil Code
Annual Corporate Disclosure Statements

Would clarify certain disclosure requirements in a manner intended to (1) promote the consistency and comprehensiveness of the disclosures made by publicly traded corporations, and (2) reduce the burden imposed on publicly traded corporations doing business in California of complying with two different frameworks requiring disclosure of similar information where such reduction does not materially decrease the comprehensiveness of such disclosure.
Business Law Section (Corporations Committee) Amends §§1502.1 and 2117.1 of the Corporations Code
Statutory Close Corporations (BLS-2010-05)
Would enact a new chapter of the Corporations Code concerning closely held California corporations electing to be governed pursuant to special statutes, relocating substantially all of the relevant provisions of the Corporations Code to one new chapter, and making other necessary changes.
Business Law Section (Corporations Committee) Adds §§2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, and 2063 to the Corporations Code; amends §§154, 202, 203, 204, 300, 418, 902, 1001, 1100, 1152, 1201, 1300, 1800, 1900, 1901, 1902, 1904, 2000 and 25103 of the Corporations Code; repeals §§158, 186, 421 and 1111 of the Corporations Code
Appointment of Counsel for a Proposed Conservatee Who May Lack the Capacity to Hire Counsel

Would clarify the court's ability to appoint counsel for a proposed conservatee who may lack the capacity to hire counsel.
Trusts & Estates Section Amends §1470 of the Probate Code and adds Rule 7.1102 to the California Rules of Court
Revision of Statutory Will Form (T&E-2010-07)
Would revise language in the statutory will form to provide greater clarity.
Trusts & Estates Section Amends §6240 of the Probate Code
Update of Provisions of the Probate Code Pertaining to the Collection or Transfer of Small Estates without Formal Probate Administration (T&E-2010-08)
Would raise the small estate limits to account for inflation, the rise in asset values that occurs over time, increases in the costs and time delays involved in formal probate administration, and increased burdens on the court system.
Trusts & Estates Section Amends §§13050, 13100, 13101, 13151, 13152, 13154, 13200, 13600, 13601 and 13602 of the Probate Code
Statutory Form Power of Attorney Amendments (T&E-2010-09)
Would (1) extend special protections that prevent an agent from taking certain potentially abusive actions to dispose of the principal's property during lifetime or at death, unless the power of attorney expressly grants that power to the agent, to statutory form powers of attorney, and (2) clarify, harmonize and remove inconsistencies between statutory form powers of attorney and other powers of attorney regarding these sensitive powers.
Trusts & Estates Section Amends §§4260, 4264, 4401, 4407, 4457, 4458, 4460, 4462 and 4465 of the Probate Code
Hearing Procedures in Probate Proceedings

Would harmonize procedures in probate litigation and general civil litigation by (1) clarifying that the same general rules regarding the admissibility of sworn written statements that apply in general civil proceedings also apply in probate proceedings, and (2) clarifying that the motions available in general civil litigation are also available in litigation under the Probate Code.
Trusts & Estates Section Amends §§1000 and 1022 of the Probate Code
Computation of Number of Days before a Hearing (CAJ-2010-11)
Would clarify computation of "court" days and "calendar" days by specifying that when a statute requires moving, opposition or reply papers to be served a certain number of days before a hearing, those days are computed backward from the hearing date, and not forward from the date the moving, opposition or reply papers are served.
Committee on Administration of Justice Adds §12c to the Code of Civil Procedure
Time Limitation for Making a Peremptory Challenge to a Judge in Direct Calendar, Fast Track Cases (CAJ-2010-12)
Would clarify the time for a party to challenge a judge in certain fast track cases by filing a motion supported by an affidavit of prejudice under Code of Civil Procedure section 170.6.
Committee on Administration of Justice Repeals
§68616(i) of the Government Code