Amended IN Assembly June 05, 2024 Amended IN Senate May 06, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1141Introduced by Senator NielloFebruary 14, 2024 An act to amend Section 1775.5 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTSB 1141, as amended, Niello. Mediation: amount in controversy.Existing law prohibits a court from ordering a case into mediation where the amount in controversy exceeds $50,000, as specified.This bill would instead prescribe the following requirements that must be met before a court may order a case to mediation: (1) the amount in controversy must does not exceed $150,000, (2) the case has been set for trial, (3) at least one party has notified the court of its interest in mediation, (4) counsel attending the mediation must have full authority to settle the case, and (5) and (4) the parties have been notified of their option to stipulate to a mutually agreeable mediator. The bill would provide that require the court to select a mediator, at no cost to the parties, if the parties do not stipulate to a mutually agreeable mediator, as specified, then the court must select a mediator at no cost to the parties. mediator. The bill would require all parties and counsel attending the mediation to comply with specified attendance provisions set forth in the California Rules of Court. The bill would require the mediation to conclude no later than 120 days before the trial date. The bill would provide that determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial.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 1775.5 of the Code of Civil Procedure is amended to read:1775.5. (a) The court shall not order a case into mediation unless all of the following conditions are met:(1) The amount in controversy does not exceed one hundred fifty thousand dollars ($150,000). The determination of the amount in controversy shall be made in the same manner as provided in Section 1141.16 and, in making this determination, the court shall not consider the merits of questions of liability, defenses, or comparative negligence.(2) The case has been set for trial.(3) At least one party has notified the court of its interest in mediation.(4)Counsel attending the mediation has full authority to settle the matter on behalf of their respective clients.(5)(4) The parties have been notified of their option to stipulate to a mutually agreeable mediator.(b) If the parties do not stipulate to a mutually agreeable mediator within 15 days of the date the case is submitted to mediation, the court shall select a mediator, at no cost to the parties, pursuant to standards adopted by the Judicial Council.(c) All parties and counsel attending the mediation shall comply with subdivision (a) of Rule 3.894 of the California Rules of Court.(c)(d) Mediation ordered pursuant to subdivision (a) shall conclude in the form of a mutually acceptable agreement or statement of nonagreement, as described in Section 1775.9, no later than 120 days before the trial date described in paragraph (2) of subdivision (a). Any mediation shall not delay the trial date described in paragraph (2) of subdivision (a).(d)(e) The determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial de novo. trial.
Amended IN Assembly June 05, 2024 Amended IN Senate May 06, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1141Introduced by Senator NielloFebruary 14, 2024 An act to amend Section 1775.5 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTSB 1141, as amended, Niello. Mediation: amount in controversy.Existing law prohibits a court from ordering a case into mediation where the amount in controversy exceeds $50,000, as specified.This bill would instead prescribe the following requirements that must be met before a court may order a case to mediation: (1) the amount in controversy must does not exceed $150,000, (2) the case has been set for trial, (3) at least one party has notified the court of its interest in mediation, (4) counsel attending the mediation must have full authority to settle the case, and (5) and (4) the parties have been notified of their option to stipulate to a mutually agreeable mediator. The bill would provide that require the court to select a mediator, at no cost to the parties, if the parties do not stipulate to a mutually agreeable mediator, as specified, then the court must select a mediator at no cost to the parties. mediator. The bill would require all parties and counsel attending the mediation to comply with specified attendance provisions set forth in the California Rules of Court. The bill would require the mediation to conclude no later than 120 days before the trial date. The bill would provide that determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly June 05, 2024 Amended IN Senate May 06, 2024
Amended IN Assembly June 05, 2024
Amended IN Senate May 06, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1141
Introduced by Senator NielloFebruary 14, 2024
Introduced by Senator Niello
February 14, 2024
An act to amend Section 1775.5 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1141, as amended, Niello. Mediation: amount in controversy.
Existing law prohibits a court from ordering a case into mediation where the amount in controversy exceeds $50,000, as specified.This bill would instead prescribe the following requirements that must be met before a court may order a case to mediation: (1) the amount in controversy must does not exceed $150,000, (2) the case has been set for trial, (3) at least one party has notified the court of its interest in mediation, (4) counsel attending the mediation must have full authority to settle the case, and (5) and (4) the parties have been notified of their option to stipulate to a mutually agreeable mediator. The bill would provide that require the court to select a mediator, at no cost to the parties, if the parties do not stipulate to a mutually agreeable mediator, as specified, then the court must select a mediator at no cost to the parties. mediator. The bill would require all parties and counsel attending the mediation to comply with specified attendance provisions set forth in the California Rules of Court. The bill would require the mediation to conclude no later than 120 days before the trial date. The bill would provide that determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial.
Existing law prohibits a court from ordering a case into mediation where the amount in controversy exceeds $50,000, as specified.
This bill would instead prescribe the following requirements that must be met before a court may order a case to mediation: (1) the amount in controversy must does not exceed $150,000, (2) the case has been set for trial, (3) at least one party has notified the court of its interest in mediation, (4) counsel attending the mediation must have full authority to settle the case, and (5) and (4) the parties have been notified of their option to stipulate to a mutually agreeable mediator. The bill would provide that require the court to select a mediator, at no cost to the parties, if the parties do not stipulate to a mutually agreeable mediator, as specified, then the court must select a mediator at no cost to the parties. mediator. The bill would require all parties and counsel attending the mediation to comply with specified attendance provisions set forth in the California Rules of Court. The bill would require the mediation to conclude no later than 120 days before the trial date. The bill would provide that determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1775.5 of the Code of Civil Procedure is amended to read:1775.5. (a) The court shall not order a case into mediation unless all of the following conditions are met:(1) The amount in controversy does not exceed one hundred fifty thousand dollars ($150,000). The determination of the amount in controversy shall be made in the same manner as provided in Section 1141.16 and, in making this determination, the court shall not consider the merits of questions of liability, defenses, or comparative negligence.(2) The case has been set for trial.(3) At least one party has notified the court of its interest in mediation.(4)Counsel attending the mediation has full authority to settle the matter on behalf of their respective clients.(5)(4) The parties have been notified of their option to stipulate to a mutually agreeable mediator.(b) If the parties do not stipulate to a mutually agreeable mediator within 15 days of the date the case is submitted to mediation, the court shall select a mediator, at no cost to the parties, pursuant to standards adopted by the Judicial Council.(c) All parties and counsel attending the mediation shall comply with subdivision (a) of Rule 3.894 of the California Rules of Court.(c)(d) Mediation ordered pursuant to subdivision (a) shall conclude in the form of a mutually acceptable agreement or statement of nonagreement, as described in Section 1775.9, no later than 120 days before the trial date described in paragraph (2) of subdivision (a). Any mediation shall not delay the trial date described in paragraph (2) of subdivision (a).(d)(e) The determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial de novo. trial.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1775.5 of the Code of Civil Procedure is amended to read:1775.5. (a) The court shall not order a case into mediation unless all of the following conditions are met:(1) The amount in controversy does not exceed one hundred fifty thousand dollars ($150,000). The determination of the amount in controversy shall be made in the same manner as provided in Section 1141.16 and, in making this determination, the court shall not consider the merits of questions of liability, defenses, or comparative negligence.(2) The case has been set for trial.(3) At least one party has notified the court of its interest in mediation.(4)Counsel attending the mediation has full authority to settle the matter on behalf of their respective clients.(5)(4) The parties have been notified of their option to stipulate to a mutually agreeable mediator.(b) If the parties do not stipulate to a mutually agreeable mediator within 15 days of the date the case is submitted to mediation, the court shall select a mediator, at no cost to the parties, pursuant to standards adopted by the Judicial Council.(c) All parties and counsel attending the mediation shall comply with subdivision (a) of Rule 3.894 of the California Rules of Court.(c)(d) Mediation ordered pursuant to subdivision (a) shall conclude in the form of a mutually acceptable agreement or statement of nonagreement, as described in Section 1775.9, no later than 120 days before the trial date described in paragraph (2) of subdivision (a). Any mediation shall not delay the trial date described in paragraph (2) of subdivision (a).(d)(e) The determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial de novo. trial.
SECTION 1. Section 1775.5 of the Code of Civil Procedure is amended to read:
### SECTION 1.
1775.5. (a) The court shall not order a case into mediation unless all of the following conditions are met:(1) The amount in controversy does not exceed one hundred fifty thousand dollars ($150,000). The determination of the amount in controversy shall be made in the same manner as provided in Section 1141.16 and, in making this determination, the court shall not consider the merits of questions of liability, defenses, or comparative negligence.(2) The case has been set for trial.(3) At least one party has notified the court of its interest in mediation.(4)Counsel attending the mediation has full authority to settle the matter on behalf of their respective clients.(5)(4) The parties have been notified of their option to stipulate to a mutually agreeable mediator.(b) If the parties do not stipulate to a mutually agreeable mediator within 15 days of the date the case is submitted to mediation, the court shall select a mediator, at no cost to the parties, pursuant to standards adopted by the Judicial Council.(c) All parties and counsel attending the mediation shall comply with subdivision (a) of Rule 3.894 of the California Rules of Court.(c)(d) Mediation ordered pursuant to subdivision (a) shall conclude in the form of a mutually acceptable agreement or statement of nonagreement, as described in Section 1775.9, no later than 120 days before the trial date described in paragraph (2) of subdivision (a). Any mediation shall not delay the trial date described in paragraph (2) of subdivision (a).(d)(e) The determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial de novo. trial.
1775.5. (a) The court shall not order a case into mediation unless all of the following conditions are met:(1) The amount in controversy does not exceed one hundred fifty thousand dollars ($150,000). The determination of the amount in controversy shall be made in the same manner as provided in Section 1141.16 and, in making this determination, the court shall not consider the merits of questions of liability, defenses, or comparative negligence.(2) The case has been set for trial.(3) At least one party has notified the court of its interest in mediation.(4)Counsel attending the mediation has full authority to settle the matter on behalf of their respective clients.(5)(4) The parties have been notified of their option to stipulate to a mutually agreeable mediator.(b) If the parties do not stipulate to a mutually agreeable mediator within 15 days of the date the case is submitted to mediation, the court shall select a mediator, at no cost to the parties, pursuant to standards adopted by the Judicial Council.(c) All parties and counsel attending the mediation shall comply with subdivision (a) of Rule 3.894 of the California Rules of Court.(c)(d) Mediation ordered pursuant to subdivision (a) shall conclude in the form of a mutually acceptable agreement or statement of nonagreement, as described in Section 1775.9, no later than 120 days before the trial date described in paragraph (2) of subdivision (a). Any mediation shall not delay the trial date described in paragraph (2) of subdivision (a).(d)(e) The determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial de novo. trial.
1775.5. (a) The court shall not order a case into mediation unless all of the following conditions are met:(1) The amount in controversy does not exceed one hundred fifty thousand dollars ($150,000). The determination of the amount in controversy shall be made in the same manner as provided in Section 1141.16 and, in making this determination, the court shall not consider the merits of questions of liability, defenses, or comparative negligence.(2) The case has been set for trial.(3) At least one party has notified the court of its interest in mediation.(4)Counsel attending the mediation has full authority to settle the matter on behalf of their respective clients.(5)(4) The parties have been notified of their option to stipulate to a mutually agreeable mediator.(b) If the parties do not stipulate to a mutually agreeable mediator within 15 days of the date the case is submitted to mediation, the court shall select a mediator, at no cost to the parties, pursuant to standards adopted by the Judicial Council.(c) All parties and counsel attending the mediation shall comply with subdivision (a) of Rule 3.894 of the California Rules of Court.(c)(d) Mediation ordered pursuant to subdivision (a) shall conclude in the form of a mutually acceptable agreement or statement of nonagreement, as described in Section 1775.9, no later than 120 days before the trial date described in paragraph (2) of subdivision (a). Any mediation shall not delay the trial date described in paragraph (2) of subdivision (a).(d)(e) The determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial de novo. trial.
1775.5. (a) The court shall not order a case into mediation unless all of the following conditions are met:
(1) The amount in controversy does not exceed one hundred fifty thousand dollars ($150,000). The determination of the amount in controversy shall be made in the same manner as provided in Section 1141.16 and, in making this determination, the court shall not consider the merits of questions of liability, defenses, or comparative negligence.
(2) The case has been set for trial.
(3) At least one party has notified the court of its interest in mediation.
(4)Counsel attending the mediation has full authority to settle the matter on behalf of their respective clients.
(5)
(4) The parties have been notified of their option to stipulate to a mutually agreeable mediator.
(b) If the parties do not stipulate to a mutually agreeable mediator within 15 days of the date the case is submitted to mediation, the court shall select a mediator, at no cost to the parties, pursuant to standards adopted by the Judicial Council.
(c) All parties and counsel attending the mediation shall comply with subdivision (a) of Rule 3.894 of the California Rules of Court.
(c)
(d) Mediation ordered pursuant to subdivision (a) shall conclude in the form of a mutually acceptable agreement or statement of nonagreement, as described in Section 1775.9, no later than 120 days before the trial date described in paragraph (2) of subdivision (a). Any mediation shall not delay the trial date described in paragraph (2) of subdivision (a).
(d)
(e) The determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial de novo. trial.