2008 Resolutions
Rescom Recommendations
Resolution |
Title |
ResCom |
| CDCBA, State Bar & Legal Practice | ||
| 01-01-2008 | CDCBA Rules: Review Process For Record Of Conference Actions | D |
| 01-02-2008 | CDCBA Rules: Legislative Policy Resolutions | D |
| 01-03-2008 | State Bar Records: Option Not to Publish Retired Judges’ Addresses | AP |
| 01-04-2008 | CDCBA Rules: Response to Requests for Position on Legislation | AP |
| 01-05-2008 | CDCBA Rules: Childcare at Meeting of Conference of Delegates | D |
| 01-06-2008 | Attorney Disqualification: Effect on Firm or Associate | D |
| Criminal & Vehicle | ||
| 02-01-2008 | Capital Appeals: Transfer of Review From Supreme Court to Courts of Appeal | D |
| 02-02-2008 | Dogfighting: Additional Definitions, Crimes and Penalties | D |
| 02-03-2008 | Finding of Factual Innocence: Extends Availability to the Wrongfully Convicted | AP |
| 02-04-2008 | Sex Offender Registration: Elimination of Certain Misdemeanors | D |
| 02-05-2008 | Death Penalty: Elimination of Certain Special Circumstances | AP |
| 02-06-2008 | Prostitution: Legalization | AP |
| 02-07-2008 | Wrongfully Convicted: Right to Equal Access to Services | AP |
| 02-08-2008 | Juror Disqualification: Opposition to the Death Penalty | AP |
| 02-09-2008 | Marijuana and Concentrated Marijuana: Possession Offenses Reduced | AP |
| 02-10-2008 | Criminal Law: Crimes Against Humanity | D |
| 02-11-2008 | Criminal Law: Include Crime of Genocide | D |
| 02-12-2008 | Criminal Fines: Increase in Credit Per Day of Custody | AP |
| 02-13-2008 | Child Pornography: Enhancement of Sentence for Amount of Unlawful Matter | D |
| 02-14-2008 | Automobile Dealers: Restrictions on Dealers Deciding Recreational Vehicle Disputes | AP |
| 02-15-2008 | Criminal Law: Prevention of Cruelty to Animals | D |
| 02-16-2008 | Criminal Conspiracy: Repeal of Statute | AP |
| 02-17-2008 | Nonambulatory Livestock: Increased Penalties for Repeat Offense | D |
| 02-18-2008 | Corrections: Establishment of Sentencing Commission | AP |
| 02-19-2008 | Misdemeanor Diversion: Statewide Application | AP |
| 02-20-2008 | Animal Abuse: Enhancement of Penalties for Non-Canine Animal Fighting | D |
| 02-21-2008 | Death Penalty: Elimination | AP |
| 02-22-2008 | Prisoner Rights: Maintenance of Hormone Replacement Therapy for Transgender Inmates | AP |
| 02-23-2008 | Inmate Medical Care: Prescriptions, Hormone Therapy and Durable Medical Equipment | AP |
| 02-24-2008 | Criminal Law: Compensation for Wrongfully Convicted Persons | AP |
| Civil Procedure 2 | ||
| 03-01-2008 | Waiver of Attorney-Client Privilege: Expands Scope of Waiver | D |
| 03-02-2008 | Civil Procedure: Venue Restrictions in Franchise Agreements | AP |
| 03-03-2008 | Code of Civil Procedure: Civil Action-Related Mediation | AP |
| 03-04-2008 | Discovery: Automatic Discovery Sanctions | D |
| 03-05-2008 | Consumer Notice: Applicable To All Production Requests | D |
| 03-06-2008 | Consumer Notice: Applicable to All Production Requests for Employee Records | D |
| 03-07-2008 | Evidentiary Privileges: Proceedings and Records of Attorney Peer Review Committees | D |
| 03-08-2008 | Dispute Resolution Programs: Exclusion of District Attorneys’ Offices as Grantees | AP |
| 03-09-2008 | Civil Discovery: Service of Deposition Notice | AA |
| 03-10-2008 | Evidentiary Privileges: Communications Made as Part of a 12-Step Program | D |
| 03-11-2008 | Consumer Records: Remedies for Improper Production | D |
| 03-12-2008 | Notice to Consumer: Expanding Definition of Consumer | D |
| 03-13-2008 | Employee Records: Remedies for Improper Production | D |
| 03-14-2008 | Accord and Satisfaction: Full Payment Checks | AP |
| 03-15-2008 | Arbitration: Right to Appeal Order Compelling Arbitration | D |
| 03-16-2008 | Arbitration: Enforcement of Subpoenas | D |
| 03-17-2008 | Arbitration: Enforcement of Subpoenas | D |
| 03-18-2008 | Attorney Fee Awards: Pecuniary and Non-Pecuniary Interest | D |
| 03-19-2008 | Enforcement of Judgments: Amendment of Judgment | D |
| 03-20-2008 | Enforcement of Judgments: Examination of Judgment Debtors and Third Parties | D |
| 03-21-2008 | Enforcement of Judgments: Foreclosure on Partnership Interests | AP |
| 03-22-2008 | Enforcement of Judgments: Service by Mail and Turnover Orders to Third Parties | D |
| 03-23-2008 | Enforcement of Judgments: Levy on Revocable Trust | D |
| 03-24-2008 | Enforcement of Judgments: Liability of Third Persons | D |
| 03-25-2008 | Enforcement of Judgments: Extension of Judgment Lien on Real Property | AP |
| 03-26-2008 | Enforcement of Judgments: Transfer of Judgment | D |
| 03-27-2008 | Enforcement of Judgments: Bench Warrants for Failure to Appear | D |
| Probate, Estate & Trusts | ||
| 04-01-2008 | Joint Tenancy: Restriction to Natural Persons | AP |
| 04-02-2008 | Probate: Jurisdiction for Elder Abuse Actions | D |
| 04-03-2008 | Probate: Termination of Deposit of Estate Planning Documents | D |
| 04-04-2008 | Probate: Civil Standard of Proof for Determining Felonious and Intentional Killing | AP |
| 04-05-2008 | Probate: Appointment of Temporary Trustee During Appeal of Probate Order | AP |
| Business, Corporations & Tax | ||
| 05-01-2008 | Revenue and Tax Code: Tax Credits for Use of Public Transportation and Ridesharing | AP |
| 05-02-2008 | Corporations: Definition of “Conforms to Law” | D |
| 05-03-2008 | Professional Corporations: Employee Stock Option Plan Trustees as Share Owners | AP |
| 05-04-2008 | Business & Professions Code: Funeral Services Interest Charges | AP |
| 05-05-2008 | Business & Professions Code: Funeral Services Interest Charges | AP |
| Courts/Rules of Court | ||
| 06-01-2008 | Small Claims Court: Attorney’s Fees on Appeal | AP |
| 06-02-2008 | Rules of Court: Service of Two-Sided Copies | AP |
| 06-03-2008 | Rules of Court: Courtesy Copy to Court of Documents to be Judicially Noticed | AP |
| 06-04-2008 | Small Claims Services: Prohibit from County District Attorneys’ Offices | AP |
| 06-05-2008 | Withdrawn | W |
| 06-06-2008 | Rules of Court: Timely Filing by Overnight Delivery of Documents in Writ Proceedings. | AP |
| 06-07-2008 | Judicial Nominees: Mandatory Disclosure of Not Qualified Rating | D |
| Miscellaneous | ||
| 07-01-2008 | Sex Equity in Education: Reporting Requirements. | D |
| 07-02-2008 | Legislators: Reform of Term Limits | AP |
| 07-03-2008 | Torture and Abuse: Enforcement of Prohibitions | AP |
| 07-04-2008 | Damages: Victims of Torture | D |
| 07-05-2008 | Gender Identity: Change of Gender on Birth Certificate | D |
| Real Property | ||
| 08-01-2008 | Homeowner Associations: Notice Requirements for Disciplinary Proceedings | AP |
| 08-02-2008 | California Solar Initiative: Energy Saving Requirements for New Construction | AP |
| 08-03-2008 | California Solar Initiative: Energy Saving Requirements for New Fireplace Construction | D |
| 08-04-2008 | California Solar Initiative: Energy Saving Requirements for [Heated] Swimming Pools | AA |
| 08-05-2008 | Real Property: Withdrawal of Condemned Property Deposited Funds | AP |
| 08-06-2008 | Real Property: Mandatory Compliance with Subdivision Map Act | AP |
| 08-07-2008 | Real Property: Commercial Use Restrictions | AP |
| 08-08-2008 | Real Property: Termination of Tenancy Notices On Foreclosed Property | AP |
| 08-09-2008 | Real Property: Right to Pay Disputed Sums Under Protest | AP |
| 08-10-2008 | Real Property: Protections for Renters During Foreclosure | D |
| 08-11-2008 | Real Property: Release Upon Disclosure of Known Payments | AP |
| Civil Procedure 1 | ||
| 09-01-2008 | Summary Adjudication: Permitted on Different Theories of Liability | AP |
| 09-02-2008 | Civil Procedure: Discretionary Attorney’s Fees for Successful SLAPP Defendant | D |
| 09-03-2008 | Civil Procedure: Use of Complaint in Review of SLAPP Motion | D |
| 09-04-2008 | Civil Procedure: Service of Opposition and Reply Papers in Law and Motion | D |
| 09-05-2008 | Service of Documents: Sufficiency of Electronic Service | D |
| 09-06-2008 | Small Claims: Service on Insurer | D |
| 09-07-2008 | Summary Judgment: Reducing Notice Period | AP |
| 09-08-2008 | Summary Judgment: Sanctions for Bad Faith Motions | D |
| 09-09-2008 | Summary Judgment: Bar on Repeated Motions | AP |
| 09-10-2008 | Withdrawn | W |
| 09-11-2008 | Class Action Waivers: Unenforceable in Consumer and Employment Contracts | D |
| Family | ||
| 10-01-2008 | Domestic Violence: Service of Domestic Violence Restraining Order | D |
| 10-02-2008 | Adoption: Access to Confidential Adoption Records | AP |
| 10-03-2008 | Paternity: Extension of Time to Conduct DNA Testing | D |
| 10-04-2008 | Child Support: Compromise on Arrears | AP |
| 10-05-2008 | Family Law: Interest Penalty for Breach of Fiduciary Duty | AP |
| 10-06-2008 | Family Law: Fee Collection from Opposite Sex Domestic Partner Registrants | D |
| 10-07-2008 | Marriage: Gender neutral terms | AP |
| 10-08-2008 | Family Law: Drug and Alcohol Testing | AP |
| 10-09-2008 | Family Law: Joint Petition to Establish Parental Relationship | AP |
| 10-10-2008 | Family Law: Trial Court Jurisdiction re Visitation and Custody | D |
| 10-11-2008 | Adoption: Mandatory Filing of Post-Adoption Agreements | AP |
| Business, Corp & Tax | ||
| 11-01-2008 | Civil Rights: Creation of Office of Equity within Department of Education | D |
| 11-02-2008 | Civil Rights: Duties of the Office of Equity within Department of Education | D |
| 11-03-2008 | Civil Rights: Medical Marijuana Patients in the Workplace | D |
| 11-04-2008 | Due Process: Rights in Administrative Proceedings for UC Employees | AP |
| 11-05-2008 | Employment Law: Mandatory Paid Sick Leave | NP |
| 11-06-2008 | Labor Code: Restrictions on Lodging Credits | D |
| 11-07-2008 | Family Rights: Addition of “owner-employee” protected category under CFRA | D |
| 11-08-2008 | Labor Code: Attorney Fee Awards | D |
| Insurance | ||
| 12-01-2008 | Civil Rights: Fairness in Medical Coverage Provided to Transgendered Individuals | D |
| 12-02-2008 | Insurance: Definitions in Policies | D |