The RLCCA adopts positions on a number of bills each legislative session for the purpose of holding our elected representatives in Sacramento accountable. This post is part of a series showing how our positions compare to those of various elected officials.
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|AB 522 — Exceptions to rules for dismissal for delay in prosecution|
|Analysis||In general, California has a five-year time limit in civil actions from the initial suit until commencement of trial, in order to protect defendants from attempts by plaintiffs to drag out proceedings indefinitely in hopes of fatiguing the defendants into settling a meritless suit, and in order to guard against the loss of evidence and forgetfullness of witnesses over a long period of time. An exception exists for divorce cases, and this bill creates additional exceptions for several other types of family law cases (specifically, those involving alimony, child support, or restraining orders), on the grounds that parties in family law cases are commonly acting for themselves and may need more time to sort through complex legal questions in preparation for trial.A five year time limit from filing to trial seems more than sufficient, and the general protection against drawn-out proceedings for baseless suits seems more important, not less, in family law cases, and this bill is not well-tailored to the problem it intends to address.|
|Status||Signed into law|
Kevin De León
John A. Pérez
V. Manuel Pérez