California 2019-2020 Regular Session

California Senate Bill SB1327 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1327Introduced by Senator WieckowskiFebruary 21, 2020 An act to amend Section 1132 of the Code of Civil Procedure, relating to civil procedure. LEGISLATIVE COUNSEL'S DIGESTSB 1327, as introduced, Wieckowski. Judgment by confession.Under existing law, a judgment by confession may be entered in any superior court without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, as specified.This bill would make a nonsubstantive change to this provision.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 1132 of the Code of Civil Procedure is amended to read:1132. (a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such The judgment may be entered in any superior court.(b) A judgment by confession shall be entered only if an attorney independently representing the defendant signs a certificate that the attorney has examined the proposed judgment and has advised the defendant with respect to the waiver of rights and defenses under the confession of judgment procedure and has advised the defendant to utilize the confession of judgment procedure. The certificate shall be filed with the filing of the statement required by Section 1133.
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3	3	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1327Introduced by Senator WieckowskiFebruary 21, 2020 An act to amend Section 1132 of the Code of Civil Procedure, relating to civil procedure. LEGISLATIVE COUNSEL'S DIGESTSB 1327, as introduced, Wieckowski. Judgment by confession.Under existing law, a judgment by confession may be entered in any superior court without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, as specified.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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11	11	Senate Bill
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13	13	No. 1327
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15	15	Introduced by Senator WieckowskiFebruary 21, 2020
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17	17	Introduced by Senator Wieckowski
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20	20	An act to amend Section 1132 of the Code of Civil Procedure, relating to civil procedure.
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22	22	LEGISLATIVE COUNSEL'S DIGEST
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24	24	## LEGISLATIVE COUNSEL'S DIGEST
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26	26	SB 1327, as introduced, Wieckowski. Judgment by confession.
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28	28	Under existing law, a judgment by confession may be entered in any superior court without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, as specified.This bill would make a nonsubstantive change to this provision.
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30	30	Under existing law, a judgment by confession may be entered in any superior court without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, as specified.
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32	32	This bill would make a nonsubstantive change to this provision.
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34	34	## Digest Key
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36	36	## Bill Text
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38	38	The people of the State of California do enact as follows:SECTION 1. Section 1132 of the Code of Civil Procedure is amended to read:1132. (a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such The judgment may be entered in any superior court.(b) A judgment by confession shall be entered only if an attorney independently representing the defendant signs a certificate that the attorney has examined the proposed judgment and has advised the defendant with respect to the waiver of rights and defenses under the confession of judgment procedure and has advised the defendant to utilize the confession of judgment procedure. The certificate shall be filed with the filing of the statement required by Section 1133.
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40	40	The people of the State of California do enact as follows:
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42	42	## The people of the State of California do enact as follows:
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44	44	SECTION 1. Section 1132 of the Code of Civil Procedure is amended to read:1132. (a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such The judgment may be entered in any superior court.(b) A judgment by confession shall be entered only if an attorney independently representing the defendant signs a certificate that the attorney has examined the proposed judgment and has advised the defendant with respect to the waiver of rights and defenses under the confession of judgment procedure and has advised the defendant to utilize the confession of judgment procedure. The certificate shall be filed with the filing of the statement required by Section 1133.
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46	46	SECTION 1. Section 1132 of the Code of Civil Procedure is amended to read:
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48	48	### SECTION 1.
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50	50	1132. (a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such The judgment may be entered in any superior court.(b) A judgment by confession shall be entered only if an attorney independently representing the defendant signs a certificate that the attorney has examined the proposed judgment and has advised the defendant with respect to the waiver of rights and defenses under the confession of judgment procedure and has advised the defendant to utilize the confession of judgment procedure. The certificate shall be filed with the filing of the statement required by Section 1133.
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52	52	1132. (a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such The judgment may be entered in any superior court.(b) A judgment by confession shall be entered only if an attorney independently representing the defendant signs a certificate that the attorney has examined the proposed judgment and has advised the defendant with respect to the waiver of rights and defenses under the confession of judgment procedure and has advised the defendant to utilize the confession of judgment procedure. The certificate shall be filed with the filing of the statement required by Section 1133.
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54	54	1132. (a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such The judgment may be entered in any superior court.(b) A judgment by confession shall be entered only if an attorney independently representing the defendant signs a certificate that the attorney has examined the proposed judgment and has advised the defendant with respect to the waiver of rights and defenses under the confession of judgment procedure and has advised the defendant to utilize the confession of judgment procedure. The certificate shall be filed with the filing of the statement required by Section 1133.
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58	58	1132. (a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such The judgment may be entered in any superior court.
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60	60	(b) A judgment by confession shall be entered only if an attorney independently representing the defendant signs a certificate that the attorney has examined the proposed judgment and has advised the defendant with respect to the waiver of rights and defenses under the confession of judgment procedure and has advised the defendant to utilize the confession of judgment procedure. The certificate shall be filed with the filing of the statement required by Section 1133.