California Senate Bill SB647 Introduced / Bill

 BILL NUMBER: SB 647INTRODUCED BILL TEXT INTRODUCED BY Committee on Judiciary (Senators Evans (Chair), Blakeslee, Corbett, Harman, and Leno) FEBRUARY 18, 2011 An act to amend Sections 116.780 and 116.820 of the Code of Civil Procedure, relating to civil law. LEGISLATIVE COUNSEL'S DIGEST SB 647, as introduced, Committee on Judiciary. Civil law: omnibus bill. Existing law, the Small Claims Act, governs the procedures in small claims court. The act provides that the judgment of the superior court of a small claims appeal is final, and specifies the procedures for the enforcement of judgments. This bill would make technical changes to those provisions by deleting erroneous cross-references. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 116.780 of the Code of Civil Procedure is amended to read: 116.780. (a) The judgment of the superior court after a hearing on appeal is final and not appealable. (b) Article 6 (commencing with Section 116.610) on judgments of the small claims court applies to judgments of the superior court after a hearing on appeal, except as provided in  subdivisions (c) and (d)   subdivision (c)  . (c) For good cause and where necessary to achieve substantial justice between the parties, the superior court may award a party to an appeal reimbursement of (1) attorney's fees actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150), and (2) actual loss of earnings and expenses of transportation and lodging actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150). SEC. 2. Section 116.820 of the Code of Civil Procedure is amended to read: 116.820. (a) The judgment of a small claims court  , or the judgment of the superior court after a hearing on appeal,  may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of judgments of other courts.  A judgment of the superior court after a hearing on appeal, and after transfer to the small claims court under subdivision (d) of Section 116.780, may be enforced like other judgments of the small claims court, as provided in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of judgments of other courts.  (b) The clerk of the court shall charge and collect all fees associated with the enforcement of judgments under Title 9 (commencing with Section 680.010) of Part 2. The clerk shall immediately deposit all the fees collected under this section into a bank account established for this purpose by the Administrative Office of the Courts. The money shall be remitted to the State Treasury under rules adopted by, or trial court financial policies and procedures authorized by, the Judicial Council under subdivision (a) of Section 77206 of the Government Code. The Controller shall distribute the fees to the Trial Court Trust Fund as provided in Section 68085.1 of the Government Code. (c) The prevailing party in any action subject to this chapter is entitled to the costs of enforcing the judgment and accrued interest.