2020
Civil Litigation
Key Statutory Developments

Settlements and Judgments: CCP §664.6

Amended CCP §664.6 (entry of judgment pursuant to settlement) now provides that a settlement agreement serving as the basis for a judgment may be signed by a party’s attorney (or authorized agent if the party is an insurer) on the party’s behalf.  The attorney must have the client’s express authorization to sign.

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What Litigation Bills Are on the Governor’s Desk?
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California Civil Procedure Before Trial

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Key Developments in Civil Procedure
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Peremptory Challenges: CCP §231.7

Beginning in January 2026, new CCP §231.7 will dramatically change the procedure and burden of proof when objecting to a peremptory challenge based on a juror’s membership (or perceived membership) in a constitutionally protected group. Instead of proving subjective discriminatory purpose by a preponderance of the evidence, the challenger will only have to show a “substantial likelihood” that an “objectively reasonable person would view [the protected group] as a factor in the use of the peremptory challenge.”

More analysis on this and related topics from CEB:
Current Awareness Articles
AB 3070: A Sea Change for Batson-Wheeler?
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California Civil Procedure Before Trial

CLE
Key Developments in Civil Procedure
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E-Filing and Statute of Limitations: CCP §1010.6(b)(4)(E)

If an e-filed complaint is rejected for failing to meet filing requirements or for nonpayment of the filing fee, new CCP §1010.6(b)(4)(E) tolls the statute of limitations for an additional day to permit the filer to correct the problem and resubmit the complaint.

More analysis on this and related topics from CEB:
Current Awareness Articles
What Litigation Bills Are on the Governor’s Desk?
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California Civil Procedure Before Trial

CLE
Key Developments in Civil Procedure
This CEB program is available via a CEB Passport, Course Pass, or Compliance Package.

Wrongful Death Actions: Amended CCP §377.60

Amended CCP §377.60 permits a decedent’s legal guardian to bring a wrongful death action, in the same manner as a legal parent, if the legal parents are deceased.

More analysis on this and related topics from CEB:
Current Awareness Articles
California Legislative Update for Trusts and Estates Attorneys
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California Civil Procedure Before Trial

CLE
Key Developments in Civil Procedure
This CEB program is available via a CEB Passport, Course Pass, or Compliance Package.

Consent to E-Service: Amended CCP §1010.6

Amended CCP §1010.6(e)(1)-(2) enacts the e-service provisions of California’s COVID-related Emergency Rule 12. A party who has appeared in an action or proceeding and is represented by counsel must accept e-service of any notice or document that may be served by mail, express mail, overnight delivery, or fax. If requested, the party must also reciprocate, i.e., must electronically serve any other party who has appeared and provided an electronic service address.

More analysis on this and related topics from CEB:
Current Awareness Articles
What Litigation Bills Are on the Governor’s Desk?
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California Civil Procedure Before Trial

CLE
Key Developments in Civil Procedure
This CEB program is available via a CEB Passport, Course Pass, or Compliance Package.

Remote Depositions: Amended CCP §2025.310

Amended Code of Civil Procedure §2025.310 provides that a deponent or deposing party may elect to conduct a deposition remotely, i.e., the deponent need not be physically present with the court reporter during the deposition. To address concerns that a witness might be coached or refer to other materials during a remote deposition, the statute also allows any party or attorney of record to be physically present with the deponent, subject to the provisions of CCP §2025.420[(protective orders relating to depositions)].

More analysis on this and related topics from CEB:
Current Awareness Articles
What Litigation Bills Are on the Governor’s Desk?
Requires a sign-in. Join CEB for free—and access a wealth of articles, law alerts, and primary law research.

Print
California Civil Procedure Before Trial

CLE
Key Developments in Civil Procedure
This CEB program is available via a CEB Passport, Course Pass, or Compliance Package.