California 2019-2020 Regular Session

California Assembly Bill AB3323

Introduced
2/21/20  

Caption

Civil actions: pleadings.

Impact

If passed, AB 3323 would streamline the judicial process by allowing courts to maintain uniformity in the legal standards applied to pleadings, potentially reducing unnecessary litigation over technical discrepancies. The intention is to discourage frivolous disputes that arise from minor inconsistencies, which can burden the court system and obscure justice for the involved parties. As a result, this could enhance the efficiency of civil litigation and foster a more predictable legal environment.

Summary

Assembly Bill 3323, introduced by Assembly Member Gabriel, aims to amend Section 469 of the California Code of Civil Procedure, which pertains to civil actions and pleadings. The current law states that any variance between the allegations presented in a pleading and the actual proof shall only be considered material if it misleads the opposing party to their detriment when pursuing their case. The proposed bill seeks to introduce technical, nonsubstantive changes to this provision, which is designed to enhance clarity and accuracy within the legal framework of civil proceedings.

Contention

While the bill primarily offers minor amendments to existing law, it may face scrutiny from legal professionals who argue that any change, even technical, can have unintended consequences. There could be concerns regarding the interpretation of what constitutes 'material' discrepancies and how this impacts a party's right to a fair trial. Therefore, the bill may spark discussions around ensuring that amendments uphold the integrity of legal processes while promoting judicial efficiency.

Companion Bills

No companion bills found.

Previously Filed As

CA SB558

Civil actions: childhood sexual abuse.

CA SB727

Human trafficking: civil actions.

CA AB1755

Civil actions: restitution for or replacement of a new motor vehicle.

CA AB2283

Civil actions: electronic service.

CA AB561

Civil actions: service of process.

CA AB1414

Civil actions: consumer debt.

CA AB2049

Motions for summary judgment: filing deadlines.

CA AB1394

Commercial sexual exploitation: child sexual abuse material: civil actions.

CA AB2837

Civil actions: enforcement of money judgments.

CA AB539

Unruh Civil Rights Act: high-frequency litigants.

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