California 2019-2020 Regular Session

California Assembly Bill AB1361 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Assembly Bill No. ~~1361 CHAPTER 48~~ An act to add Section 695.215 to the Code of Civil Procedure, relating to civil actions. ~~[ Approved by Governor July 01, 2019. Filed with Secretary of State July 01, 2019. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1361, Obernolte. Civil actions: satisfaction of money judgments.Existing law requires money received in satisfaction of a money judgment to be credited against costs, interest, court fees, and the principal amount of the judgment in a specified order.This bill would provide that payment in satisfaction of a money judgment, or a severable portion thereof, does not constitute a waiver of the right to appeal, except under certain circumstances. The bill would state that these provisions are declaratory of existing law. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 695.215 is added to the Code of Civil Procedure, to read:695.215. Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.SEC. 2. The addition of Section 695.215 of the Code of Civil Procedure made by this act does not constitute a change in, but is declaratory of, existing law.
	1	+	Enrolled June 21, 2019 Passed IN Senate June 17, 2019 Passed IN Assembly June 20, 2019 Amended IN Senate May 23, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1361Introduced by Assembly Member ObernolteFebruary 22, 2019 An act to add Section 695.215 to the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 1361, Obernolte. Civil actions: satisfaction of money judgments.Existing law requires money received in satisfaction of a money judgment to be credited against costs, interest, court fees, and the principal amount of the judgment in a specified order.This bill would provide that payment in satisfaction of a money judgment, or a severable portion thereof, does not constitute a waiver of the right to appeal, except under certain circumstances. The bill would state that these provisions are declaratory of existing law. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 695.215 is added to the Code of Civil Procedure, to read:695.215. Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.SEC. 2. The addition of Section 695.215 of the Code of Civil Procedure made by this act does not constitute a change in, but is declaratory of, existing law.
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3		-	Assembly Bill No. ~~1361 CHAPTER 48~~ An act to add Section 695.215 to the Code of Civil Procedure, relating to civil actions. ~~[ Approved by Governor July 01, 2019. Filed with Secretary of State July 01, 2019. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1361, Obernolte. Civil actions: satisfaction of money judgments.Existing law requires money received in satisfaction of a money judgment to be credited against costs, interest, court fees, and the principal amount of the judgment in a specified order.This bill would provide that payment in satisfaction of a money judgment, or a severable portion thereof, does not constitute a waiver of the right to appeal, except under certain circumstances. The bill would state that these provisions are declaratory of existing law. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled June 21, 2019 Passed IN Senate June 17, 2019 Passed IN Assembly June 20, 2019 Amended IN Senate May 23, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1361Introduced by Assembly Member ObernolteFebruary 22, 2019 An act to add Section 695.215 to the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 1361, Obernolte. Civil actions: satisfaction of money judgments.Existing law requires money received in satisfaction of a money judgment to be credited against costs, interest, court fees, and the principal amount of the judgment in a specified order.This bill would provide that payment in satisfaction of a money judgment, or a severable portion thereof, does not constitute a waiver of the right to appeal, except under certain circumstances. The bill would state that these provisions are declaratory of existing law. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	Assembly Bill No. 1361 CHAPTER 48
	5	+	Enrolled June 21, 2019 Passed IN Senate June 17, 2019 Passed IN Assembly June 20, 2019 Amended IN Senate May 23, 2019
	6	+
	7	+	Enrolled June 21, 2019
	8	+	Passed IN Senate June 17, 2019
	9	+	Passed IN Assembly June 20, 2019
	10	+	Amended IN Senate May 23, 2019
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	12	+	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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7	14		Assembly Bill No. 1361
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9		-	CHAPTER 48
	16	+	Introduced by Assembly Member ObernolteFebruary 22, 2019
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	18	+	Introduced by Assembly Member Obernolte
	19	+	February 22, 2019
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11	21		An act to add Section 695.215 to the Code of Civil Procedure, relating to civil actions.
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13		-	[ Approved by Governor July 01, 2019. Filed with Secretary of State July 01, 2019. ]
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15	23		LEGISLATIVE COUNSEL'S DIGEST
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17	25		## LEGISLATIVE COUNSEL'S DIGEST
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19	27		AB 1361, Obernolte. Civil actions: satisfaction of money judgments.
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21	29		Existing law requires money received in satisfaction of a money judgment to be credited against costs, interest, court fees, and the principal amount of the judgment in a specified order.This bill would provide that payment in satisfaction of a money judgment, or a severable portion thereof, does not constitute a waiver of the right to appeal, except under certain circumstances. The bill would state that these provisions are declaratory of existing law.
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23	31		Existing law requires money received in satisfaction of a money judgment to be credited against costs, interest, court fees, and the principal amount of the judgment in a specified order.
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25	33		This bill would provide that payment in satisfaction of a money judgment, or a severable portion thereof, does not constitute a waiver of the right to appeal, except under certain circumstances. The bill would state that these provisions are declaratory of existing law.
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27	35		## Digest Key
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29	37		## Bill Text
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31	39		The people of the State of California do enact as follows:SECTION 1. Section 695.215 is added to the Code of Civil Procedure, to read:695.215. Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.SEC. 2. The addition of Section 695.215 of the Code of Civil Procedure made by this act does not constitute a change in, but is declaratory of, existing law.
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33	41		The people of the State of California do enact as follows:
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35	43		## The people of the State of California do enact as follows:
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37	45		SECTION 1. Section 695.215 is added to the Code of Civil Procedure, to read:695.215. Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.
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39	47		SECTION 1. Section 695.215 is added to the Code of Civil Procedure, to read:
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41	49		### SECTION 1.
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43	51		695.215. Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.
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45	53		695.215. Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.
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47	55		695.215. Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.
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51	59		695.215. Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.
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53	61		SEC. 2. The addition of Section 695.215 of the Code of Civil Procedure made by this act does not constitute a change in, but is declaratory of, existing law.
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55	63		SEC. 2. The addition of Section 695.215 of the Code of Civil Procedure made by this act does not constitute a change in, but is declaratory of, existing law.
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57	65		SEC. 2. The addition of Section 695.215 of the Code of Civil Procedure made by this act does not constitute a change in, but is declaratory of, existing law.
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59	67		### SEC. 2.