Memorandum 83-90 Subject: Annual Report · 10/27/83 Memorandum 83-90 Subject: Annual Report...

10/27/83

Memorandum 83-90

Subject: Annual Report

Attached is a draft of the Annual Report covering the year 1983.

The draft is the same in substance as the Annual Report of prior years

with revisions to bring the report up-to-date.

Note the following matters concerning the draft:

(1) 1984 Legislative Program (page 10). This will be revised to

the extent necessary to reflect the Commission's decisions at the Novem

ber meeting concerning recommendations to the 1984 session. Other

portions of the draft will be conformed to those decisions.

(2) Personnel of Commission (page 20). The material on this page

will be revised to reflect any changes in Commission membership if the

changes are effective on or before December 1, 1983. We will report the

results of the election of officers.

(3) Appendices II to XVII are omitted from the attached draft. The

omitted material consists of Commission recommendations and legislative

committee reports revising or supplementing official comments. The

omitted material is listed in the Table of Contents (page 8).

Respectfully submitted,

John H. DeMoully Executive Secretary

STATE OF CALIFORNIA

CALIFORNIA LAW REVISION COMMISSION

Annual Report

December 1983

CALiFORNIA LAw REviSION COMMISSION 4000 Middlefield Road, Suite D-2

Palo Alto, Califomia 94306

SUMMARY OF WORK OF COMMISSION The California Law Revision Commis~ion plans to submit

important recommendations to the 1984 session in the fields of probate law and procedure, family law, and crimiHallaw. Some of the probate law recommendations are designed to reduce the cost and delay of probate. These recommendations relate to independent administration of estates and distribution of estates without administration. Other probate law recommendations relate to wills, intestate succession, creditor's right to reach payments from a trust, requirements for execution of witnessed wills, filing notice of wills, recording affidavit of death, and simultaneous deaths. Recommendations relating to family law deal with such matters as joint tenancy and community property, marital property presumptions and transmutations, disposition of community property, liability of marital property for debts, reimbursement of educational expenses, and liability of stepparent for child support. An important recommendation to the 1984 session proposes the enactnlent of a new statute of limitations for felonies. Other recommendations deal with dismissal of a civil action for lack of prosecution, quiet title and partition judgments, dormant mineral rights, creditors' remedies, and statutory forms for powers of attorney.

In 1983, 12 of 14 bills recommended by the Commission were enacted. One bill will be acted upon by the Legislature in 1984. A comprehensive statute relating to wills and intestate succession was enacted. This statute is the first phase of the Commission's study and revision of the California Probate Code. Other bills enacted in 1983 dealt with:

-Durable power of attorney for health care decisions -Missing persons -Division of marital property -Limited conservatorship proceedings -Disclaimer of testamentary and other interests -Emancipated minors -Claims against public entities -Bonds and undertakings -Nonprobate transfers -Vacation of public streets -Creditors' remedies Commission recommendations enacted by the 1983 session

affected 701 sections of the California statutes: 332 new sections were enacted, 130 sections were amended, and 239 sections were repealed.

During 1984, the Commission plans to devote its attention primarily to securing the enactment of legislation recommended to the 1984 Legislature and to the preparation of legislation relating to probate law and procedure and to family law. Other topics will be considered to the extent time and resources permit.

STA.tE Of CAUFOINIA

CALIFORNIA LAW REVISION COMMISSION «JXI MDJm.W toa4 5uiW 0-2 I'aIcI AJro, Ot,~ 141St .., ... 133'

OAV1D toSMEtG -DE .... S. RAN« ... -SfAATOil IAIRT ruNE A$WdL':'JMN A.lJ$m MeAlJSTEt IOIE1T J, IEtTON tO$I.YloI p, OIASAH J,uw H. OAVIS .IOtIN I. !MElSON lION M.. GlEGOty .E,I.JIQ P. UtW$Ott

December 1, 1983

To: THE HONORABLE GEORGE DEUKMEJIAN Governor of California and THE LEGISLATURE OF CALIFORNIA

In conformity with Government Code Section 10335, the California Law Revision Commission herewith submits this report of its activities during 1983.

I am pleased to report that at the 1983 legislative session 12 of 14 bills introduced to implement the Commission's recommendations were enacted. Final action on one bill will be taken by the Legislature in 1984.

I would like to give special recognition to Senator Barry Keene and Assemblyman Alister McAlister who serve as the legislative members of the Commission. As the newly appointed Senate Member of the Commission, Senator Keene introduced the Commission recommended bill relating to the durable power of attorney for health care. This important bill was enacted in 1983. Senator Keene also did much to secure passage of Commission recommended measures in the Senate. Assemblyman McAlister was the author of 11 of the Commission recommended measures enacted in 1983.

5

Respectfully submitted,

DAVID ROSENBERG Chairperson

CONTENTS

SUMMARY OF WORK OF COMMIS SION. . . . . . . . .. • . • .. . . . . . . . . . . . . . . 3

ANNUAL REPORT FOR THE YEAR 1983........................... 9

Introduction. 4 ............ ........ ....... ............ • ............ ................. ....... 9

1984 Legislative Program.................................. 10

Major Studies in Progress................................. 11 Probate Code................................................................. 11 Family Law.. . .. . .. . . . .. .. .. .. . . . . . . .. . .. .. . • .. . .. . . . . . .. . . .. . . . .. .. . 12 Statutes of Limitation for Felonies.................. 12

Calendar of Topics for Study.............................. 13 Topics Authorized for Study.......................... 13

Topics Under Active Consideration.................. 13 Other Topics Authorized for Study.................. 15 Topics Continued on Calendar for Further Study..... 15

Topics For Future Consideration...................... 16

Function and Procedure of Commission...................... 17

Personnel of Commission................................... 20

Legislative History of Recommendations Submitted to the 1983 Legislative Session............................ 21

Estate Planning and Probate.......................... 21 Durable power of attorney for health care decisions 21 Wills and intes ta te succession..................... 21 Missing persons................................................. 21 Limited conservatorship proceedings................ 21 Disclaimers.. .. . .. . . . . . . .. .. . .. . . .. . . . .. . .. . . . . .. .. . . .. .. . . . .. .. . .. 22 Emancipa ted minors................................. 22 Nonprobate transfers................................... 22

Family Law. . . .. . . . . . . . . . . . . .. . .. . . . . . . . .. . . . .. . . . .. .. . . . . . . . 22 Division of marital property....................... 22 Liability of marital property for debts............ 22 Support after death of support obligor............. 22

Claims Against Public Entities....................... 23 Credi tors' remedies.................................. 23 Vacation of Public Streets........................... 23 Bonds and Undertakings............................... 23 Resolution Approving Topics For Study................ 24

Report on Statutes Repealed by Implication or Held UnconstitutionaL.................................. 24

Recommenda tiona. . . . . .. . .. . .. . . . .. . . . . . . . .. . . . .. . . . . . . .. .. . . . .. . . . . . 25

APPENDICES

I. Legislative Action on Commission Recommendations (Cumulative) ••• .•••.•• •••• .•••. ••••••. ••• •••••••••••••• 27

II. Report of Senate Committee on Judiciary on Assembly Bill 31 ........................................................ .

III. Report of Senate Committee on Judiciary on Assembly Bill 24 ................................................................................ ..

IV. Report of Senate Committee on Judiciary on Assembly Bill 99 ................................................................................. ..

V. Letters Clarifying Legislative Intent of Assembly Bill 99 ................................................................................... ..

VI. Report of Senate Committee on Judiciary on Assembly Bill 53 ................................................................................... ..

VII. Report of Senate Committee on Judiciary on Assembly Bill 26 .................................................................................... ..

VIII. Report of Senate Committee on Judiciary on Assembly Bills 25 and 68 .................................................................... ..

IX. Revised Comments for Sections of Former Divisions 1, 2, and 2b of the Probate Code Superseded by Assembly Bill 25 ............................................................... ..

X. Report of Assembly Committee on Judiciary on Senate Bill 762 ................................................................................ ..

XI. Recommendation Relating to Effect of Death of Support Obligor ................................................................................. ..

XII. Recommendation Relating to Dismissal for Lack of Prosecution ..................................................... ..

XIII. Recommendation Relating to Statutes of Limitation for Felonies ...................................................... ..

XIV. Recommendation Relating to Effect of Quiet Title and Parti tion Judgment B ................................................... ..

XV. Recommendation Relating to Dormant Mineral Rights •••••

XVI. Recommendation Relating to Creditors' Remedies •••••••

XVII. Recommendation Relating to Rights of Cotenants In Possession and Out of Possession of Real Property

PUBLICATIONS OF THE CALIFORNIA LAW REVISION COMMISSION •••.•

ANNUAL REPORT FOR THE YEAR 1983

INTRODUCTION The California Law Revision Commission' was created in 1953

(as the permanent successor to the Code Commission) with the responsibility for a continuing substantive review of California statutory and decisional law.' The Commission studies the California law to discover defects and anachronisms and recorrunends legislation to make needed reforms.

The Commission assists the Legislature in keeping the law up to date by:

(1) Intensively studying complex and sometimes controversial subjects;

(2) Identifying major policy questions for legislative attention; (3) Gathering the views of interested persons and

organizations; and (4) Drafting recommended legislation for legislative

consideration. The efforts of the Commission permit the Legislature to

determine significant policy questions rather than to concern itself with the technical problems in preparing background studies, working out intricate legal problems, and drafting needed legislation. The Commission thus enables the Legislature to accomplish needed reforms that otherwise might not be made because of the heavy demands on legislative time. In some cases, the Commission's report demonstrates that no new legislation on a particular topic is needed, thus relieving the Legislature of the need to study the topic.

The Commission consists of: -A Member of the Senate appointed by the Committee on

Rules. -A Member of the Assembly appointed by the Speaker. -Seven members appointed by the Governor with the advice

and consent of the Senate. -The Legislative Counsel who is an ex officio member. The Commission may study only topics that the Legislature by

concurrent resolution authorizes it to study. The Commission now has a calendar of 22 topics."

Commission recommendations have resulted in the enactment of legislation affecting 8,264 sections of the California statutes: 3,557 sections have been added, 1,899 sections amended, and 2,808 sections repealed. Of the 158 Commission recommendations submitted to the Legislature, 144 (91 %) have been enacted into law either in whole or in substantial part.'

The Commission's recommendations and studies are published as pamphlets and later in hardcover volumes. A list of past publications and information on where and how copies may be obtained may be found at the end of this Report.

L See Cov't Code t§ 10300-10340 (statute establishing Law Revision Commission). I See 1 Cal. L. Re"ision Comm'n Reports, Annual Report for 1954 at 7 (1957). " See list of topics under "Calendar of Topics for Study" infra. 4 See list of reconunendations and legislative action in A~pendix I infra.

1984 LEGISLATIVE PROGRAM The Commission plans to recommend legislation on the

following subjects to the 1984 Legislature: (1) Liability of marital property for debts.' (2) Marital property presumptions and transmutations.' (3) Joint tenancy and community property.' (4) Disposition of community property.' (5) Reimbursement of educational expenses.' (6) Special appearance in family law proceedings.'· (7) Liability of stepparent for child support." (8) Statutory forms for durable powers of attorney." (9) Independent administration of decedenfs estate.'" (10) Distribution of decedenfs estate without

administration." (11) Execution of witnessed wills." (12) Simultaneous deaths.'· (13) Notice of will.'1 (14) Garnishment of amounts payable to trust beneficillIy·J8 (15) Bonds for personal representatives." (16) Wills and intestate succession.'" (17) Recording affidavit of death." (18) Dismissal for lack of prosecution." (19) Statutes of limitation for felonies."

.J See Recommendation Relating to Liability of Marital Property for Debts, 17 Cal L. Revision Comm'n Reports 1 (1984).

e See Recommendations ReJating to Family Law, 17 Cal. L. Revision Comm'n Reports.201 (1984) .

7 See Recommendations Relating to Family Law~ 17 Cal. L. Revision Comm 'n Reports 201 (1984) .

• See Recommendations Relating to Family Law~ 17 Cal, L. Revision Comm'n Reports.201 (1984) .

i See Recommendations Relating to Family Law,I1 Cal, L. Revision Comm'n Reports 201 (1984).

10 See Recommendations Relabng to Family Law, 17 Cal. L. Revision Comm'n RepoTts 201 (1984).

U See Recommendations Relating to Family Law, 17 Cal. L. Revision Comm'n Reports 201 (1984).

11 See Recommendation Relating to Statutory Fonns For Durable POIVeTS' of Attorney, 17 Cal. L. Revision Comm·n Reports 701 (1984).

" See Recommendations Relating to Probate Law, 17 Cal. L. Revision Comm·o Reports 401 (1984).

14 See Recommendab'ons Relating to Probate Law. 17 Cal. L. Revision Comm'o Reports 401 (1984).

U See Recommendations Relating to Probate Law,I7 Cal. L. Revision Comm'n Reports 401 (1984).

11 See RecommendabOns Rclahng to Probate Law, 17 Cal. L. Revision Comm'n Reports 401 (1984).

11 See Recommendab'ons Relating to Probate Law, 17 Cal. L. Revision Comm·n Reports 401 (1984).

18 See Recommendab:OJlS Relating to Probate La. w, 17 Cal. L. Revision Comm '0 Reports 401 (1984).

111 See Recommendations Relating to Probate Law, 17 Cal, L. Revision Comm'n Reports 401 (1984).

10 See RecommenciatiollS Relating to Probate Law, 17 Cal. L. Revision Comm'n Reports 401 (1984).

II See Recommendations Rehting to Probate Law, 17 Cal. L. Revision Comm'n Reports 401 (1984) .

. 22. See Revised Recommendation Relating to Dismissal for Lack of Prosecution (June 1983) published as Appendix XII to this Report.

13 See Recommendation Rela.ting to Statutes of limitation for Felonies (September 1983), published as Appendix XIII to this Report.

}O

(20) Effect of quiet title and partition judgments." (21) Dormant mineral rights." (22) Creditors' remedies.l!6 (23) Awarding temporary use of family home." (24) Rights among cotenants in and out of possession of real

property.'" Other recommendations will be submitted if work on them is

completed in time to permit their submission to the 1984 session of the Legislature.

MAJOR STUDIES IN PROGRESS

Probate Code The 1980 session of the Legislature directed the Commission to

make a study of the Probate Code. A number of recommendations arising out of this study were submitted to the 1983 Legislature. See the discussion under "Legislative History of Recommendations Submitted to 1983 Legislative Session" infra.

The Commission proposes for enactment in 1984 recommendations relating to additional aspects of probate law and related areas-such as independent administration of estates, distribution of estates without administration, execution of witnessed wills, simultaneous deaths, filing notice of will, garnishment of amounts payable from trusts, bonds for personal representatives, recording affidavit of death, and wills and intestate succession. See Recommendations Relating to Probate Law, 17 Cal. L. Revision Comm'n Reports 401 (1984). The Commission will also submit a recommendation proposing the enactment of statutory forms for powers of attorney. See RecommendaHon Relating to Statutory Forms for Durable Powers of Attorney, 17 Cal. L. Revision Comm'n Reports 701 (1984).

The Commission has retained the following expert consultants to assist the Commission in its study of probate law: Professor Paul E. Basye, Hastings College of the Law, Professor Gail B. Bird, Hastings College of the Law, Professor James L. Blawie, University of Santa Clara Law School, Professor Jesse Dukeminier, U.C.L.A. Law School, Professor Susan F. French, U,C. Davis School of Law, Professor Edward C. Haibach,Jr., D.C. Berkeley Law School, and Professor Russell D. Niles, Hastings College of the Law. The Commission is working in close cooperation with the Estate Planning, Trust and Probate Law Section of the State Bar, and the Probate and Trust Law Section of the Los Angeles County Bar Association.

" See Recommendation Relating to Effect of Qw'et Title &11d Partition Judgments (September 1983), published as Appendix XIV to this Report.

e See Recommendation Relating to Dormant Mineral Rights (September 1983) ~ published as Appendix XV to this Report .

• See Recommendation Reiatingto Creditors'Remedies (November 1983), published as Appendix XVI to this Report.

11 See Recommendations Relating to Family Law, 17 Cal. L. Revision Conun 'n Reports 201 (1984).

• See Recommendation Relabng to Rightr; Among Cotenants In Possession and Out of Possession of Real Property (September 1983), pubUshed as Appendix XVII to this Report.

II

Family Law A major topic that has been under active study by the

Commission is the law relating to community property. Several recommendations arising out of this study were submitted to the 1983 Legislature. See the discussion under "Legislative History of Recommendations Submitted to 1983 Legislative Session" infra. In 1983, the Legislature expanded the scope of this topic to include all aspects of family law.

A recommendation was submitted to- the 1983 Legislature relating to the liability of various kinds of community property and separate property to third-party creditors for debts and tort obligations of either or both spouses. See Assembly Bill No. 1460; Recommendation ReJating to Liability of Afarital Property for Debts, 17 Cal. L. Revision Comm'n Reports 1 (1984). Final action on this bill will be taken by the Legislature in 1984.

The Commission plans to submit for enactment at the 1984 session recommendations relating to other aspects of family law_uch as joint tenancy and community property, marital property presumptions and transmutations, disposition of community property, reimbursement of educational expenses, special appearance in family law proceedings, and liability of stepparent for child support. Recommendations on these aspects of family law may be found in the Commission's Recommendations Relating to Farm1y Law, 17 Cal. L. Revision Comm'n Reports 201 (1984).

The Commission is working closely with the Property Division Committee of the State Bar Familv Law Section. Professor William A. Reppy, Jr., Duke Law School, is the Commission's principal consultant on this topic. Professor Bruce Wolk, U.C. Davis Law School, serves as a special consultant on the tax aspects of the family law study.

Statutes of Limitation for Felonies The Commission was directed by the 1981 Legislature to study

whether the law relating to statutes of limitation for felonies should be revised. The Commission retained Professor Gerald F. Uelmen, Loyola Law School, Los Angeles, as a consultant on this topic. Professor Uelmen prepared a background study for the Commission. See Making Sense Out of California's Criminal Statute of Limitations, 15 Pac. L.J. 47 (1983). The Commission plans to submit its recommendation on this topic to the 1984 Legislature. See Recommendation Relating to Statutes of Limitah·on for Felonies (September 1983), published as Appendix XIII to this Report.

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CALENDAR OF TOPICS FOR STUDY

Topics Authorized for Study

The Commission has on its calendar of topics the topics listed below. Each of these topics has been authorized for Corrunission study by the Legislature.'

Topics Under Active Consideration During the next year, the Commission plans to devote

substantially all of its time to consideration of the following topics:

Creditors' remedies. Whether the law relating to creditors' remedies (including, but not limited to, attachment, garnishment, execution, repossession of property (including the claim and delivery statute, self· help repossession of property, and the Commercial Code repossession of property provisions), civil arrest, confession of judgment procedures, default judgment procedures, enforcement of judgments, the right of redemption, procedures under private power of sale in a trust deed or mortgage, possessory and nonpossessory liens, and related

. matters) should be revised.' The Commission plans to submit a recommendation on this

topic to the 1984 legislative session. See Recommendation Relating to Creditors' Remedies (November 1983), published as Appendix XVI to this Report.

Probate Code. Whether the California Probate Code should be revised, including but not limited to whether California should adopt, in whole or in part, the Uniform Probate Code.'

The Commission plans to submit a number of recorrunendations on this topic to the 1984 legislative session. For additional information on this topic, see discussion under "Major Studies in Progress" supra.

Real and personal property. Whether the law relating to real and personal property (including, but not limited to, a Marketable Title Act, covenants, servitudes, conditions, and restrictions on land use or related to land, possibilities of reverter, powers of termination, Section 1464 of the Civil Code, escheat of property and the disposition of unclaimed or abandoned property, eminent domain, quiet title actions, abandonment or vacation of public streets and highways, partition, rights and duties attendant upon termination or abandonment of a lease, powers of appointment, and related matters) should be revised!

l Section 10335 of the Government Code prOVides that the Commission shall study; in addition to those topiCs which it recommenas and which are approveo by the Legislature, any topics which the Legislature by concurrent resolution refers to it for study.

• Authorized by 1983 Cal. Stats. res. ch. 40. See also 1974 Cal. Slats. res. ch. 45; 1972 Cal. Stats. res. ch.~; 1957 Cal. Stats. res. ch. 202; 1 Cal. L. Revision Conun'n Reports, "1957 Report" at 15 (1957).

• Authorized by 1980 Cal. Stats. res. ch. :no I Authorized by 1983 Cal. Slats. res, ch, 40. In 1983, the Legislature consolidate<!

previously .authorized aspects of _real and personal pro~ law into ~ne topic.

13

The Commission plans to submit several recommendations on this topic to the 1984 legislative session. See Recommendation Relating to Effect of Quiet Title and Partition Judgments (September 1983), published as Appendix XIV to this Report; Recommendation Relating to Dormant Mineral Rights (September 1983), published as Appendix XV to this Report; Recommendation Relating to Rights Among Cotenants In Possession and Out of Possession of Real Property (September 1983), published as Appendix XVII to this Report.

Professor James L. Blawie, University of Santa Clara Law School, has prepared an analysis of the areas and problems that might be covered by this study. Professors Paul E. Basye, Hastings College of the Law, Jesse Dukeminier, U.C.L.A. Law School, Susan F. French, U.c. Davis Law School, and Professor Russell D. Niles, Hastings College of the Law, also serve as expert consultants.

Family law. Whether the law relating to family law (including, but not limited to, community property) should be revised.'

The Commission plans to submit a number of recommendations on this topic to the 1984 legislative session. For additional information on this topic, see "Major Studies in Progress" supra.

Involuntary dismissal for lack of prosecution. Whether the law relating to involuntary dismissal for lack of prosecution should be revised." • The Commission plans to submit a recommendation on this subject to the 1984 legislative session. See Revised Recommendation Relabng to Dismissal for Lack of Prosecution Oune 1983), published as Appendix XII to this Report.

Statutes of limitation for felonies. Whether the law relating to statutes of limitation applicable to felonies should be revised.'

The Commission plans to submit a recommendation on this topic to the 1984 legislative session. See Recommendation ReiatingtoStatutesofLimitation for Felonies (September 1983), published as Appendix XIII to this Report.

For additional information on this topic, see "Major Studies in Progress" supra.

Rights and disabilities of. minors and incompetent persons. Whether the law relating to the rights and disabilities of minors and incompetent persons should be revised.'

The Commission plans to submit a recommendation on this topic to the 1984 legislative session. See Recommendation Relating to Statutory Forms For Durable Powers of Attorney, 17 Cal. L. Revision Comm'n Reports 701 (1984).

• Authorized by 1983 Cal. Stats. res. ch. 40. See also 1978 Cal. Stats. res. cfi. 65; 16 Cal. L. Revision Comm'n Reports 2019 (1982); 14 Cal. L. Revision Comm'n Reports 22 (1978) .

• Authorized by 1978 Cal. Stats. res. ch. 65. See also 14 Cal. L. Revision Comm'n Reports 23 (1978).

1 Authorized by 1981 Cal. Stats. ch. 909, ! 3. IS Authorized by 1979 CaL Stats. res. ch. 19. See also 14 Cal L. Revision Comm'n Reports

217 (1978).

/4

Other Topics Authorized for Study The Commission has not yet begun the preparation of a

recommendation on the topics listed below.

Prejudgment interest. Whether the law relating to the award of prejudgment interest in civil actions and related matters should be revised.'

Class actions. Whether the law relating to class actions should be revised. l •

Offers of compromise. Whether the law relating to offers of compromise should be revised."

Discovery in civil cases. Whether the law relating to discovery in civil cases should be revised."

Procedure for removal of invalid liens. Whether a summary procedure should be provided by which property owners can remove doubtful or invalid liens from their property, including a provision for payment of attorneys fees to the prevailing party'"

Special assessment liens for public improvements. Whether acts governing special assessments for public improvements should be simplified and unified."

Topics Continued on Calendar for Further Study On the following topics, studies and recommendations relating

to the topic, or one or more aspects of the topic, have been made. The topics are continued on the Commission's calendar for further study of recommendations not enacted or for the study of additional aspects of the topic or new developments.

Child custody, adoption, guardianship, and related matters. Whether the law relating to custody of children, adoption, guardianship, freedom from parental custody and control, and related matters should be revised'"

Evidence. Whether the Evidence Code should be revised."

Arbitration. Whether the Jaw relating to arbitration should be revised."

• Authorized by 1971 Cal. Stats. res. ch. 75 . .. Authorized by 1975 Cal. Stat.. res. ch. 15. See also 12 Cal. L. Revision Comm'n Repom

524 (19114). U Authorized by 1975 Cal. Stats. res. ch. 15. See also 12 Ca1. L Revision Comm'n Reports

525 (1974). U Authorized by 1975 Cal. Stats. res. ch. 15. See also 12 Cal. L. Revision Comm'n Repo ... ts

526 (1974). 13- Authorized by 1980 Cal. Stats. res. ch. 37. 14 Authorized by 1980 Cal. Stats. res. ch. 37. IB Authorized by 1972 Cal. Stats. res. ch. 27. See also 10 Cal. L. Re\ision Comm'n Reports

1122 (1971); 1956 Cal. Stats. res. ch. 42; 1 Cal. L. Re, ... ision Common Reports, ""1956 Report" at 29 (1957).

115 Authorized by 1965 Cal. Stats. res. ch. 130.

n Authorized by 1968 Cal. Stats. res. ch. 110. See also 8 Cal. L. Re"\ision Comm'n Reports 1325 (1967).

IS"

Modification of contracts. Whether the law relating to modification of contracts should be revised.'s

Governmental liability. Whether the law relating to sovereign or governmental immunity in California should be revised."

Inverse condemnation, Whether the decisional, statutory, and constitutional rules governing the liability of public entities for inverse condemnation should be revised (including, but not limited to, liability for damages resulting from flood control projects) and whether the law relating to the liability of private persons under similar circumstances should be revised,'"

Liquidated damages, Whether the law relating to liquidated damages in contracts generally, and particularly in leases, should be revised.21

Parol evidence rule. Whether the parol evidence rule should be revised."

Pleadings in civil actions. Whether the law relating to pleadings in civil actions and proceedings should be revised."

Topics for Future Consideration The Commission now has a number of major studies on its

calendar. The topics authorized for study were expanded by the 1983 Legislature to cover all aspects of family law and to cover the broad topic of real and personal property. Because of the substantial and numerous topics already on its calendar, the Commission does not at this time recommend any additional topics for inclusion on its calendar of topics.

at Authorized by 1974 Cal. Stats. res. ch. 45. See also 19::17 Cal. Stats. res. ch. 202; 1 Cal. L Re'\ision Comm'n Reports, "1957 Report" at 21 (1957) .

• f. Autho.-ized by 1977 Cal. Stats. res. ch. 17. See also 1957 Cal. Stats. res. ch. 202. to .-\uthorized by 1971 Cal. Stats. res. ch. 74. See also 1970 Cal. Stats. res. ch. 46; 1965 Cal.

Stats. res. ch. 130. It Authorized by 1973 Cal. Stats. res. ch. 39. See also 1969 Cat Stats. res. ch. 224. a Authorized by 1971 Cal. Stats. res. ch. 75. See also 10 Cal. L. Revision Comm'n Reports

1031 11971). a Authorized by 1980 Cal. Stats. res. ch. 37.

FUNCTION AND PROCEDURE OF COMMISSION The principal duties of the Law Revision Commission' are to: (1) Examine the common law and statutes for the purpose of

discovering defects and anachronisms. (2) Receive and consider suggestions and proposed changes in

the law from the American Law Institute, the National Conference of Commissioners on Uniform State Laws,' bar associations, and other learned bodies, and from judges, public officials, lawyers, and the public generally.

(3) Recommend such changes in law as it deems necessary to bring the law of this state into harmony with modern conditions.'

The Commission is required to file a report at each regular session of the Legislature containing a calendar of topics selected by it for study, listing both studies in progress and topics intended for future consideration. The Commission may study only topics which the Legislature, by concurrent resolution, authorizes it to study.'

The Commission's work on a recommendation is commenced after a background study has been prepared. In some cases, the study is prepared by a member of the Commission's staff, but some of the studies are undertaken by specialists in the fields of law involved who are retained as research consultants to the Commission. This procedure not only provides the Commission with invaluable expert assistance but is economical as well becanse the attorneys and law professors who serve as research consultants have already acquired the considerable background necessary to understand the specific problems under consideration. Expert consultants are also retained to advise the Commission at meetings.

The background study is given careful consideration by the Commission and, after making its preliminary decisions on the subject, the Commission ordinarily distributes a tentative recommendation to the State Bar and to numerous other interested persons. Comments on the tentative recommendation

L Gov·! Code n 10300-10340 (statute eslablishing Law Revis;OD Cornnlls&OD).

I The Conunissioo's Executive Secretary serves as an Associate Member of the National Conference of Commissioners on UnifOTm State Laws .

., See Cov't Code § 10030. The Commission is abo directed to recommend the express repeal of aU statutes repealed by implication or hetd unconstitutional by the California Supreme Court or the Supreme Court of the United States. Gov't Code t 10331.

• See Gov·1 Code t 10335. In addition. Code of C;vil Procedure Section 703.120 requires the Commwion to review statutes providing fOT exemptions from enforcement of money judgments each 10 years and to recommend any needed revisions. The Commission is abo directed by statute to study the topic of the statutes of limitations for felonies. 1981 Cal. Stat~ ch. 909. t 3.

1"1-

are considered by the Commission in determining what recommendation, if any, the Commission will make to the Legislature. When the Commission has reached a conclusion on the matter, its recommendation to the Legislature, including a draft of any legislation necessary to effectuate its recommendation, is published in a pamphlet.' In some cases, the background study is published in the pamphlet containing the recommendation.'

The Commission ordinarily prepares a Comment explaining each section it recommends. These Comments are included in the Commission's report and are frequently revised by legislative committee reports' to reflect amendments' made after the recommended legislation has been introduced in the Legislature. The Comment often indicates the derivation of the section and explains its purpose, its relation to other sections, and potential problems in its meaning or application. The Comments are written as if the legislation were enacted since their primary purpose is to explain the statute to those who will have occasion to use it after it is in effect. They are entitled to substantial weight in construing the statutory provisions.' However, while the Commission endeavors in the Comment to explain any changes in the law made by the section, the Commission does not claim that every inconsistent case is noted in the Comment, nor can it

5 Occasionally one or more members of the Commission may not join in all. or part of a rewmmeociation submitted to the i..egislal:uJ"e by the Commission.

• Background studies may be published in law reviews. For baCkgrOWld studies published in law reviews in 1983, see Sterling, Joint Tenancy and Community Property in California, 14 Pac. LJ 927 (1983); Uelmen, Making Sense Out of Califomi. 's Criminal StJltute of limit.tion~ IS Pac. L.j. 47 (1983). For a bst of backgronnd studies published in law revie'ws prior to 1983, see 10 Cal. L. Revision Comm'n Reports 1108 n.5 (1971), II Cal. L. Revision Comm'n Reports n.S & IH)8 n.S (1973), 13 Cal. L. Revision Comm'n Reports 1628 n.S (1976), and 16 Cal, L. Revision Comm'n Reports 21121 n.6 (1982).

'1 Special reports are adopted by legislative committees that consider bills recommended by the Commission. These reports. which are printed in the legislative journal, state that the Comments to the various sections of the bill contained in the Commission's recommendation reflect the intent of the conunittee in approving the bill except to

-the extent that new or revised Comments are set out in the committee report itself. For a description of the legislative committee reports adopted in cormection with the bill that became the Evidence Code, see .Arellano v. Moreno, 33 Cal. App.3d 877, 884, 109 Cal, Rptr. 421, 425 (1973). For an example of such a report, see Appendix 1Il to this Report,

• Many of the amendments made after the recommended legislation has been introduced are made upon recommendation of the Commission to deal with matters brought to the Commission's attention after its recommendation was printed 10 some cases, bowever. an amendment may be made that the Comm.ission believes is not desirable and does not recommend.

• Eg., Van Arsdale v, Hollinger, 66 CaL2d 245, 249-50, 437 P.2d 508, Sl1, 66 Cal, Rptr. 20, 23 (1966), The Comments are published by both the Bancroft-Whitney Company and the West Publishing Company in their editions of the annotated codes,

J8

anticipate judicial conclusions as to the significance of existing case authorities. lO Hence, failure to note a change in prior law or to refer to an incunsistent judicial decision is not intended to, and should not, influence the construction of a clearly stated statutory provision.11

The pamphlets are distributed to the Governor, Members of the Legislature, heads of state departments, and a substantial number of judges, district attorneys, lawyers, law professors, and law libraries throughout the state.12 Thus, a large and representative number of interested persons are given an opportunity to study and comment upon the Commission's work before it is considered for enactment by the Legislature." The annual reports and the recommendations and studies of the Commission are republished in a set of hardcover volumes that is both a permanent record of the Commission's work and, it is believed, a valuable contribution to the legal literature of the state. These volumes are available at most county law libraries' and at some other libraries. Some hardcover volumes are out-of-print, but others are available for purchase."

.. See, e.g., Arellano v. Moreno, 33 Cal. App.3d f!T7, 109 Cal. Rptr. 421 (1973). U The Commission does not concur in the Kaplan approach to statutory construction. See

Kaplan v. Superior Court, 6 Cal.3d ISO, 158-59,491 P.2d 1,5-6,98 Cal. Rptr. 649, 653-34 (1g'11). For a reaction to the problem created by the Kaplan approach. see Recommendation Relating to Erroneously Ordered Disclosure of Pn'vileged InfOrmabon, 11 Cal. L. Revision Conun'o Reports 1163 (1973). See also 1974 Cal. Stats. ch.W.

II See Gov't Code I 10333. 13 For a step by step description of the procedure followed by the Commission in

preparing the 1963 governmental liability statute, see DeMoully, Fact Finding for Legislation' A Case Study, SO A.B.A.). 2SS (1964). The procedure followed in preparing the Evidence Code is described in 7 Cal. L. Revision Comm'n Reports 3 (1965) .

U See "Publications of the California Law Revision Commission" infra.

"

PERSONNEL OF COMMISSION As of December 1, 1983 ,the membership of the Law Revision

Commission is: Term Expires

David Rosenberg, Davis, Chairperson ............... . October 1, Debra S. Frank, Los Angeles, Vice Chairperson .....• Hon. Barry Keene, Petaluma, Senate Member •••..••..• Hon. Alister McAlister, Fremont, Assembly Member ..• Robert J. Berton, San Diego, Member .••.•••..••..••. Roslyn P. Chasan, Palos Verdes Estates, Member .•.•. James H. Davis, Los Angeles, Member ..•...•..••...•. John B. Emerson, Los Angeles, Member •••..•..•.•.... Beatrice P. Lawson, Los Angeles, Member ..•••.••..•• Bion M. Gregory, Sacramento, ex officio Member •...•

October 1,

* *

October 1, October 1, October 1, October 1, October 1,

+

• The legislative members of the Commission serve at the pleasure of the appointing power.

t The Legislative Counsel is an ex omco member of the Commission.

In March 1983, Senator Barry Keene was appointed by the Senate Rules Committee to serve as the Senate Member of the Law Revision Commission.

[Results of election of officers.]

As of December 1,1983, the staff of the Commission is:

John H. DeMoully Executive SecretMy Nathaniel Sterling

Assistant Executive Secretary

Legal RobertJ. MurphyllI

StaJf Counsel Stan G. mrich Staff Counsel

Admiriistrstive-SecretsriS) Juan C. Rogers

Administrative Assistant Victoria V. Matias

Word Processing TechniciJin Word Processing Technician

1985 1983

1983 1983 1985 1985 1983

During 1983, the follow Stanford Law School and University of Santa Clara Law School students were employed as part-time, intermittent legal assistants: Susan M. Ahlrichs, Adele P. Athenour, Robert G.P. Cruz, Steven Levine, Diane S. Makar, and Robert Shives.

LEGISLATIVE HISTORY OF RECOMMENDATIONS SUBMITTED TO 1983 LEGISLATIVE SESSION

The Commission recommended 14 bills and one concurrent resolution for enactment at the 1983 session. The concurrent resolution was adopted and 12 of the bills were enacted. .

Estate Planning and Probate Seven bills relating to estate planning, probate, and related

matters were recommended by the Commission for enactment at the 1983 session.

Durable power of attorney for health care decisions. Senate Bill 762, which became Chapter 1204 of the Statutes of 1983, was introduced by Senator Barry Keene to effectuate the Commission's recommendation on this subject. See Recommendation Relating to Durable Power of Attorney for Health Care Decisions, 17 Cal .. L. Revision Comm'n Reports 101 (1984). See also Report of Assembly CoIIlIIlittee on Judiciary on Senate Bm 7~ Assembly J. (September 15, 1983) at 9579, reprinted as Appendix X to this Report. The bill was enacted after numerous substantive, technical, and clarifying amendments were made.

Wills and intestate succession. Assembly Bills 25 and 68 were introduced by Assemblyman Alister McAlister to effectuate the Commission's recommendation on this subject. See Tentative Recommendation Relating to Wills and Intestate Succession, 16 Cal. L. Revision Comm'n Reports 2301 (1982).

Assembly Bill 68 was amended into Assembly Bill 25, and Assembly Bill 25 then was enacted as Chapter 842 of the Statutes of 1983. A number of substantive, technical, and clarifying amendments were made before Assembly Bill 25 was enacted. The Senate Judiciary Committee adopted a special report revising the official comments to Assembly Bill 25. See Report of Senate Committee on Judiciary on Assembly Bms 25 and 68, Senate J. Qu1y 14, 1983} at 4867, reprinted as Appendix VIII to this Report.

Missing persons. Assembly Bill 24, which became Chapter 201 of the Statutes of 1983, was introduced by Assemblyman McAlister to effectuate the Commission's recommendation on this subject. See Recommendation Relating to Missing Persons, 16 Cal. L. Revision Comm'n Reports 105 (1982). See also Report of Senate Committee onJudiciary on Assembly Bill 24, Senate J. (May 26, 1983) at 3027, reprinted as Appendix III to this Report. The bill was enacted after a number of amendments were made.

Limited conservatorship proceedings. Assembly Bill 27, which became Chapter 72 of the Statutes of 1983, was introduced by Assemblyman McAlister to effectuate the Commission's recommendation on this subject. See Recommendation Relating to Notice in Limited Conservatorship Proceedings, 16 Cal. L. Revision Comm'n Reports 199 (1982). The bill was enacted as introduced.

Disclaimers, Assembly Bill 28, which became Chapter 17 of the Statutes of 1983, was introduced by Assemblyman McAlister to effectuate the Commission's recommendation on this subject. See Recommendation Relating to Disclaimer of Testamentary and Other Interests, 16 Cal. L. Revision Comm'n Reports 207 (1982). The bill was enacted after technical amendments were made.

Emancipated minors, Assembly Bill 29, which became Chapter 6 of the Statutes of 1983, was introduced by Assemblyman McAlister to effectuate the Commission's recommendation on this subject. See Recommendation Relating to Emancipated Minors, 16 Cal. L. Revision Comm'n Reports 183 (1982). The bill was enacted as introduced.

Nonprobate transfers, Assembly Bill 53, which became Chapter 92 of the Statutes of 1983, was introduced by Assemblyman McAlister to effectuate the Commission's recommendation relating to this subject. See Recommendation Relating to Nonprobate Transfers, 16 Cal. L. Revision Comm'n Reports 129 (1982). See also Report of Senate Committee on judiciary on Assembly Bill 53, Senate]. Oune 6, 1983) at 3245, reprinted as Appendix VI to this Report. The bill was enacted after it was amended so that it applied only to credit unions and industrial loan companies.

Family Law Three bills relating to family law were recommended by the

Commission for enactment at the 1983 session. Division of marital property, Assembly Bill 26, which became

Chapter 342 of the Statutes of 1983, was introduced by Assemblyman McAlister to effectuate the Commission's recommendation on this subject. See Recommendation Relating to Division of joint Tenancy and Tenancy in Common Property at Dissolution of Marriage, 16 Cal. L. Revision Comm'n Reports 2165 (1982). After its introduction, numerous substantive amendments were made to this bill based on the Commission's continuing study of its initial recommendations. The Commission's revised recommendations accompanying this bill are outlined in Report of Senate Committee on judiciary on Assembly BiD 26, Senate J. Ouly 14, 1983) at 4865, reprinted as Appendix vn to this Report.

Liability of marital property for debts. Assembly Bill 1460 was introduced by Assemblyman McAlister to effectuate the Commission's recommendation' on this subject. See Recommendation Relating to Liability of Marital Property for Debts, 17 Cal. L. Revision Comm'n Reports 1 (1984). The Legislature has not taken final action on this bill as it was still pending in the Assembly Committee on Judiciary at the close of the 1983 session. Final legislative action will be taken in 1984.

Support after death of support obligor, Assembly Bill 835 was introduced by Assemblyman McAlister to effectuate the Commission's recommendation relating to this subject. See Recommendation Relating to Effect of Death of Support Obligor

22..

(May 19&1), published as Appendix XI to this Report. The bill passed the Assembly but was defeated when it failed to receive enough favorable votes by the Senate Committee on Judiciary.

Claims Against Public Entities Assembly Bill 30, which became Chapter 107 of the Statutes of

1983, was introduced by Assemblyman McAlister to effectuate the Commission's recommendation relating to this subject. See Recommendation Relah"ng to Notice of Rejection of Late Claim Against Public Entity, 16 Cal. L. Revision Comm'n Reports 2251 (1982). See also Report of Senate Committee on Judiciary on Assembly Bill 30, Senate J. (April 7, 1983) at 1126, reprinted as Appendix II to this Report. The bill was enacted after technical amendments were made.

Creditors' Remedies Assembly Bill 99, which became Chapter 155 of the Statutes of

1983, was introduced by Assemblyman McAlister to make substantive, technical, and clarifying revisions to legislation relating to enforcement of judgments and prejudgment

. attachment enacted upon Commission recommendation at the 1982 session. See Recommendah'on Relating to Creditors' Remedies, 16 Cal. L. Revision Comm'n Reports 2175 (1982). See also Report of Senate ComnuUee on Judiciary on AssembJy Bill 99, Senate J. (May 26,1983) at 3029, reprinted as Appendix IV to this Report; letters -clarifying intent of Assembly Bill 99, Senate J. auue 20,1983) at 3802, and Assembly J. anne 22, 1983) at 6077, both reprinted as Appendix V to this Report. The bill was enacted after a number of substantive, technical, and clarifying amendments were made.

Vacation of Public Streets Assembly Bill 69, which became Chapter 52 of the Statutes of

1983, was introduced by Assemblyman McAlister at tne request of the Commission to:

(1) Amend Streets and Highways Code Section 8313 to provide that submission of a report of a proposed vacation of a street, highway, or public service easement comply with applicable law governing a general or master plan.

(2) Amend Streets and Highways Code Section 8333 to authorize the legislative body of a local agency to summarily vacate a public service easement if it has been superseded by relocation and there is no other public facility located within the easement.

Bonds and Undertakings Assembly Bill 31, which became Chapter 18 of the Statutes of

1983, was introduced to make technical amendments and restore provisions chaptered out of legislation enacted upon Commission recommendation at the 1982 session relating to bonds and undertakings. See Recommendah'on Relahng to Conforming Changes to the Bond and Undertaking Law, 16 Cal. L. Revision Comm'n Reports 2239 (1982). The bill was enacted after technical amendments were made.

2.3

Resolution Approving Topics for Study Assembly Concurrent Resolution 2, introduced by

Assemblyman McAlister and adopted as Resolution Chapter 40 of the Statutes of 1983, continues the Commission's authority to study topics previously authorized and gives the Commission authority to study family law and the law relating to real and personal property. This new authorization expands former authority to study specific aspects of the new topics.

REPORT ON STATUTES REPEALED BY IMPLICATION OR HELD UNCONSTITUTIONAL Section 10331 of the Government Code provides:

The commission shall recommend the express repeal of all statutes repealed by implication, or held unconstitutional by the Supreme Court of the State or the Supreme Court of the United States.

Pursuant to this directive, the Commission has made a study of the decisions of the Supreme Court of the United States and of the Supreme Court of California handed down since the Commission's last Annual Report was prepared' and has the following to report:

(1) One decision of the United States Supreme Court holding a statute of this state unconstitutional has been found.

In Kolender v. Lawson, 103 S.Ct. 1855 (1983), the court held the vagrancy statute (Penal Code Section 647 (e)) unconstitutional on its face under the Due Process clau$e of the Fourteenth Amendment of the United States Constitution for failure to clarify the requirement that a suspect provide "credible and reliable identification."

(2) No decision of the United States Supreme Court or the California Supreme Court holding a statute of this state repealed by implication has been found.

(3) Four decisions of the California Supreme Court held statutes of this state unconstitutional.

In People v. Roder, 33 Cal.3d 491 (1983), the court held that Penal Code Section 496 prescribed a mandatory presumption of guilty knowledge on the part of dealers in second-hand goods, and was thus unconstitutional by virtue of relieving the prosecution of its burden of proving every element of the offense beyond a reasonable doubt. However, the court held that the presumption of Section 496 should not be struck down in its entirety; in order to preserve its constitutionality, the presumption should be construed as a legislatively prescribed permissive inference, on which a jury should be instructed in an appropriate case.

In American Bank « Trust Co. v. Commuw'ty Hospital, 33 Cal.3d 674 (1983), the court held unconstitutional the provision of the Medical Injury Compensation Reform Act (Code of Civil Procedure Section 667.7) that permits a judgment for periodic payment of future damages to be awarded against a provider of health care services on the grounds that it violates state and

1 This study has been carried through 34 Cal.Jd 529 (Advance Sheet No. 25. September 20,1983) and 103 S. Ct. 3514 (Advance Sheet No. ISA. August I, 1983).

federal equal protection guarantees, insofar as the provision applies to judgments against hospi tals,

In In re Reed, 33 Cal.3d 914 (1983), the court held Penal Code Section 290 unconstitutional as cruel or unusual punishment under Section 17 of Article 1 of the California Constitution insofar as the statute requires registration of persons convicted of soliciting "lewd or dissolute conduct" under Penal Code Section 647 (a).

In People v. Dillon, 34 Cal. 3d 441 (1983), the court held that the punishment of the defendant by a sentence to life imprisonment as a first degree murderer by operation of the felony murder rule (Penal Code Section 189) under the circumstances of the case was a violation of Section 17 of Article 1 of the California Constitution prohibiting cruel or unusual punishment.

RECOMMENDATIONS The Law Revision Commission respectfully recommends that

the Legislature authorize the Commission to complete its study of the topics previously authorized for study (see "Calendar of Topics Authorized for Study" supra).

Pursuant to the mandate imposed by Section 10331 of the Government Code, the Commission recommends the repeal of the provisions referred to under "Report on Statutes Repealed by Implication or Held Unconstitutional," supra, to the extent that those provisions have been held unconstitutional.

APPENDIX I LEGISLATIVE ACITON ON COMMISSION

RECOMMENDATIONS (Cumulative)

Recommendation I. PartW Revision of Education Code,

I CAL. L. REVISION CoMM'N REPoRTS, Annual Report for 1954 .t 12 (1957)

2. Summary Distribution of Small Estates Under Probate Code Sections fH() to 616. I CAL. L. REVISION COMM'N REPORTS, Annual Report for 1954 .t 50 (1957)

3. Fisb and Game Code, 1 CAL. L. REVISION Cm.ofN REpORTS, Annual Reportror 1957.t 13 (1957); 1 CAL. L. REVISION CoMM'N REPORTS, Annual Report for 1956 .t 13 (1957)

4. Maximum Period ofOmfinement in • County fall, 1 CAL. L. IlEvIsION CoMM'N REPoRTS at A-I (1957)

5. Notice of Application for Attomeys Fees and Costs in Domestic Rel1ltioDs Actions, I CAL. L. ilEVIsION Cm ... ·N REPoRTS .t B-1 (1957)

6. Taking Inatructions to fury Room, I CAL. L.REvISION COMM'N REPORTS at C-l (1957)

7. The Dead Man Statute, I CAL. L. REV1SlON CoMM'N REPORTS at 0.1 (1957)

8. Rights of Surviving Spouse in Property A,quired by Decedent While Domiciled Elsewhere, 1 CAL. L. REV[SION COMM'N REPORTS at E-l (1957)

9. The Marital "For and Against" Testimonial Privilege, I CAL. L. REVISION CoMM'N REPORTS at F-l (1957)

Action by Legislature Enacted. 1955 Cal. Stab. ch~ 799, 877

Enacted. 1955 Cal. Stats. ch. 1183

Enacted. 1957 CaL Stats. ch. 456

Enacted. 1957 Cal. Stat •. ch. 139


Not enacted. But see Code av. Proo. f 6124, enacting ,ubstance of tbi, recommendation.

Not enacted. But recommendation accomplished in enactment of Evidence Code. See Comment to Evm. CoDE t 1261.


Not enacted. But recommendation accomplished in enactment of Evidence Code. See Comment to EVID. CoDE ,970.

LEGISLATIVE ACTION

Recommendation 10. SuspensIon of the Absolute Power of

Alienstion, I CAL. L. REvIsION CO .... 'N REPORTS at (;,1 (1957); 2 CAL. L. I\EvIsION CO .... 'N REPoRTS, Annual Report for 19.'59 at 14 (19.'59)

11. Elimination of Obsolete Provisions in Penal Code Sections 1377 and 1378, I CAL. L. REVISION COMM'N REPoRTS at H-I (19!f7)

12. Judicial Nutice of the Law of Foreign Countries, 1 CAL. I,. REvlSlON COMM'N REpORTS at 1-1 (19!f7)

13. Choice of Law Goyerning Survivsl of Actions, I CAL. L. REVISION CoMM'N REPORTS at J -I (1957)

14. EHective Date of Order Ruling on • Motion !iJT New Trial. 1 CAL. L. REVISION CoMM'N REPoRTS at K-l (1957); 2 CAL L. I\EvIsION CO"M'N REPoRTS, Annual Report for 19.'59 at 16 (1959)

13_ Rettmtian of Venue for ConvenierJce ofm_, 1 CAL_ L. REVISION CoMM'N REPORTS at L-l (1957)

16. Bringing New Parties Into Civil Actions, 1 CAL_ L. REvISION COMM'N REPORTS at M,I (19!f7)

17_ Grsnd Juries, 2 CAL. L. REVISION CoMM'N REPORTS, Annual Report for 1959 at 20 (19.'59)

18. Procedure !iJT Appointing Guardisns, 2 CAL. L. I\EvIsION CO"M'N REPoRTS, Annual Report for 19.'59 at 21 (19.'59)

19. Appointment of Administrator in Quiet Title Action, 2 CAL. L. REvISION COMM'N REpORTS, Annual Report for 1959 at 29 (1959)

20_ Presentation of CWms Against Public Entities, 2 CAL. L. REVISION CoMM'N REPORTS .t A-I (1959)

Action by Legislature Enacted 1959 Cal. Stats. ch. 470

Enacted. 19!f7 CaL Stats. ch. 102


No legislation recommended.


Not enacted.



Enacted 1959 Cal. Slats. ch. i500

No legislation recommended.

Enacted. 19.'59 Cal. Stats. cbs. 1715, 1724, 1725,1798,1727,1728; CAL. CONST., ART. XI, I 10 (1960)

28

LEGISLATIVE AGnON

Recommendation 21. Right of Nonresident Aliens to

Inherit, 2 CAL. L. REVlSION COMM'N REPoRTS at B-1 (1959), II CAL. L. REVISION COMM'N REPORTS 421 (1973)

22. Mortgages to Secure Future Advances, 2 CAL. L. REvIsroN COMM'N REPORTS at Cl (1959)

23. Doctrine of Worthier Title, 2 CAL. L REVISION COMM'N REPoRTS at D-I (1959)

24. Overlapping ProvWons of PeDal and Vehicle Codes Relllting to Taking of Vehicles and Drunk Dn'ving, 2 CAL. L. REVISION COMM'N REPORTS at E-l (1959)

25. Time Within Which Motion /i;r New Trial May Be Made, 2 CAL. L. REVISION COMM'N REPORTS at F-l (1959)

26. Notice to Shareholders of Sale of Corporate Asset>', 2 CAL. L REVISION CoM.<'N REPoRTS at G-l (1959)

27. Evidence in Eminent Domain Proceedings, 3 CAL. L. REVlSION CoMM'N REPORTS at A-I (1961)

28. Taking Possession and Passage of Title in Eminent Domain Proceedings, 3 CAL. L REVISION COMM'N REpORTS at B-1 (1961)

29. Reimbursement for Moving Expenses JVhen Property Is A<quired /i;r Public Use, 3 CAL. L. REVISION COMM'N REpORTS at Cl (1961)

30. Rescission of Contracts, 3 CAL, L. REVISION COMM'N REPORTS at 0-1 (1961)

31. Right to Counsel/UJd Separation of Delinquent From Nondelinquent Minor In Juvenile Court Proceedings, 3 CAL. L. REVISION COMM'N REPORTS at E-l (1961)

Action by Legislature Enacted. 1974 Cal. Stats. <h. 42.'l

Enooted. 1959 Cal. Stats. ch. 32B

Enooted. 1959 Cal. Stats. ch. 122

Not enooted. But see 1972 Cal. Stats. <h. 92, enacting substance of a portion of recommendation relating to drunk driving.

Enacted. 19.59 Cal. Stats. ch. 469

Not enacted. But see CORP. CoDE If 1001, 1002, enacting substance of recommendation.

Not enaoted. But see EVID. CoDE t 810 ot seq. enaoting substance of recommendation.

Enaoted. 1961 Cal. Stats. <hL 1612, 1613

Not enaoted. But see Gow. CoDE t 7260 ot seq. enacting substance of recommendation.

Enacted. 1961 Cal. StatL <h. S89


LEGISLATIVE ACllON

Recommendation 32. Survival of ktions, 3 CAL. L.

REVIS[ON COMMN REpORTS at F·l (1961)

33. Arbitrstion, 3 CAL. L. REVISION C"' ... '" REPoRTS at G-l (1961)

34. Presentation of Claims Against Public 0Ilicers and Employees, 3 CAL. L. REVISION COMM'N REPORTS at H-l (1961)

35. Inter Wvos Marital Property Rights in Property Acquired While Dwniciled Elsewhere, 3 CAL. L. REVISION CoMM'N REPORTS .t 1-1 (1961)

36. Notice of Alibi in Criminal Action., 3 CAL. L. REvIsiON COMM'N REPORTS at J-l (1961)

37. Discovery in Eminent Domain Proceedings, 4 CAL. L. REVISION CoMM'N REPORTS 701 (1963); 8 CAL. L. REvisION CoMM'N REPORTS 19 (1967)

38. Tort Liability of Public Entities and Public Employees, 4 CAL. L. REVISION CoMM'N REPORTS 801 (1963)

39. Claims, Ac/i0n5 and Judgments Against Public Entities and Public Employees, 4 CAL. L. REVISION CoMM'N REPoRTS 1001 (1963)

40. lnsursnce Coverage for Public Entities and Public Employees, 4 CAL. L. REVISION COMM'N REPORTS 1201 (1963)

41. Defense of Public Employees, 4 CAL. L. REVISlON CoMM'N REPoRTS 1301 (1963)

42. Liability of Public Entities fOr Ownership and Operation of Mot()J' Vebkles, 4 CAL. L. REvISION CoMM'N REPORTS 1401 (1963); 7 CAL L. REVISJON CoM~,tN REPORTS 401 (1965)

Action by Legislature Enacted. 1961 CaL Stats. ch. 657


Not eDacted 1961. See recommeodatioD to 1963 ,essioo (item 39 infra) which was enacted.


Not enacted.

Enacted. 1967 Cal. Stat~ ch. 1104

Enacted. 1963 Cal. Stats., ch. 1681

Enacted. 1963 Cal. Stat,. ch. 1715

Enacted. 1963 Cal. Stats. cb. 1682



3D

LEGISLATIVE ACTION

Recommendation ~. w~OOSam~rnmBMM~

lor Persons Assisting La w Enforcement or Fire Control OIrICer, 4 CAL. L. RIMSION CO .... 'N REPORTS lSOI (1963)

44. Sovereign Immunity-Amend-menu and Repeals of Inconsistent Sistutes, 4 CAL. L. RlMSION CoMM'N REPORTS 1601 (1963)

45. Evidence Code, 7 CAL. L. RlMSION CoMM'N REPORTS 1 (1965)

46. Claims and Actinns Against Public Entities and Public Employees, 7 CAL. L. REvIsION CoMM'N REPORTS 401 (1965)

47. Evidence Code Revisions, 8 CAL. L. RlMSION CoMM'N REPORTS 101 (1967)

48. Eviden<»--Agricultural Code Revisions, 8 CAL. L. REVISION CoMM'N REPORTS 201 (1967)

49. Eviden~mmericial Code Revisions, 8 CAL. L. REVISION COMM'N REPORTS 301 (1967)

50. m.ether DlUIUlIfe for Personal Injury to • Married Person Should be Separate or Community Property, 8 CAL L. REvISION CoMM'N REPORTS 401 (1967); 8 CAL. L. REvIsION CoMM'N REPORTS 1385 (1967)

51. Vehicle Code Secrnm 17150 and Related Sections, 8 CAL. L. RIMSION CoMM'N REPORTS 501 (1967)

52. Additur, 8 CAL. L. RIMSION CoMM'N REPORTS 601 (1967)

53. Abandonment or Termination of 8

Lease, 8 CAL. L. RIMSION CoMM'N REPORTS 701 (1967); 9 CAL. L. REVISION COMM'N REPORTS 401 (1969); 9 CAL. L. REVISION CoMM'N REPORTS 153 (1969)

31

Actioa by Legislature Enacted. 1963 QlI. Slats. ch. 1684

Enacted. 1963 Cal. Stats. cbs. 1885, 1686, 2029



Enacted in part. 1967 CaL Stats. ch. 850. Balance enacted. 1970 Cal. Stats. ch. 69.



Enacted. 1968 Cal. Stats. ch~ 457, 458

Enacted. 1967 Cal. Slats. ch. 702



LEGISLATIVE ACTION

Recommendation 54. Good Faith Improver of Land

Owned by Another, 8 CAL L. REVlSION CoMM'N REPORTS 801 (1967); 8 CAL L, REVISION CoMM'N REPORTS 1373 (1967)

55. Suit By or Against an Unincorporated Association. 8 CAL. L. REVISION COMM'N REPORTS 901 (1967)

56. Escheat, 8 CAL. L, REVISION COMM'N REPORTS 1001 (1967)

57, Recovery of Condemnee 's Expenses on Abandomnent of an Eminent Domain Proceeding, 8 CAL, L. REVlSlON COM .. ·N REPORTS 1361 (1967)

58. Serrice of Process on Unincorporated Associations. 8 CAL. L. REvISION CoMM'N REPORTS 1400 (1967)

59, Sovereign Immunity-SI1ltufe of LimitRti01J!l, 9 CAL. L. REvISION CO .... ·N REPORTS 49 (1969); 9 CAL. L. REVISION Co .. M'N REPORTS 175 (1969)

so. A.dditur and Remittitur, 9 CAL. L. REVISION COMM'N REPORTS 63 (1969)

61. FicHtious Business Names, 9 CAL. L REVISION COMM'N REPORTS 71 (1969)

62. Quasi-Community Property, 9 CAL. L. REVISION CoMM'N REPORTS 113 (1969)

63. Arbitration of Just Compensation, 9 CAL. L. REvIsION COMM'N REPORTS 123 (1969)

64, Revisions of Evidence Code, 9 CAL, L. REVISION CoMM'N REPORTS 137 (1969)

65. Mutuality of Remedies in Suits lor SpeciRc PerfOrmance, 9 CAL L. REV[s[ON COMM'N REPORTS 201 (1969)

32.

Action by Legislature Enacted, 1968 Cal. Stats, ch. 150

Enacted. 1967 Cal. Stats, ch, 1324

Enacted. 1968 Cal, Slats. cbs. 247, 356

Enacted, 1968 Cal. Slats. ch. 133


Enacted, 1970 Cal. Stats, ch. 104



Enacted, 1970 Cal. Slats. ch, 312

Enacted. 1970 Cal. Slats, ch. 417

Enacted in part. 1970 Cal, Slats. ch. 69. See also 1970 Cal. Stats. cbs. 1396, 1397

Enacted, 1969 Cal. Stats, ch. 156

LEGISLATIVE ACTION

Recommendation 66. Powers of Appointment, 9 CAL. L.

REVISION CO .... 'N REPORTS 301 (1969)

Action by Lqislature Enacted 1969 Cal. Slats. ChL 113, ISS

f51. Evidence Code-Revisions of Vetoed. But see 1970 Cal. Slats. cbs. 1396, Privileges Article, 9 CAL. L. 1397 REVISION eo .... 'N REPORTS 501 (1969)

66. Fictitious Business Munes, 9 CAL. L. Enacted. 1970 Cal. Slats. cb. 618 REVlS10N CO .... ·N REPORTS 601 (1969)

69. Representation as to the Credit of Enacted. 1970 Cal. Slats. cb. 720 Third Penons and the Statute of Frauds, 9 CAL L. REVISION eo .... ·N REPORTS 701 (1969)

70. Revisions of GovernmentsJ liability Enacted in part. 1970 CaL Slats. cbs. 662, Act, 9 CAL. L. REVISION eo .... ·N 1099 REPORTS 801 (1969)

71. "Vesting" of Interests Under Rule Enacted. 1970 Cal. Slats. ch. 4S Against Perpetuities, 9 CAL. L. REVISION eo .... ·N REPORTS 901 (1969)

72. Counterclsirm and ero..s- Enacted. 1971 Cal. Sta ... cbs. 24-1, 950. See Complaints, Joinder of esases of a1110 1973 Cal. Slats. cb. 828 Action, and Related Provisions, 10 CAL L. REVISION eo .... ·N REPORTS 501 (1971)

73. Wage GamisbmeDt and Related Enacted in part. 1978 Cal. Stats. ch. 1133. Matters, 10 CAL L. REvISION See aIIIO 1979 Cal. Slats. cb. 66 CO .... ·N REPORTS 701 (1971); 11 CAL. L.IIEVlS!ON eo .... ·N REPORTS 101 (1973), 12 CAL L. REVISION CO .... ·N REPORTS 901 (1974); 13 CAL. L.IIEVlS!ON eo ....... REPORTS 601 (1976), 13 CAL. L. REVISION CO .... ·N REPORTS 1703 (1976), 14 CAL. L.REvISION CO .. M'" REPORTS 261 (1978)

74. ProoFoFForeigDOlRci81Records,IO Enacted. 1970 Cal. St .... ch. 41 CAL L.I\EVJsION eo .... ·N REPORTS 1022 (1971)

75. Inverse CondemnatioD-lnsHrance Enacted. 1971 Cal. Slats. ch. l«l Coverage, 10 CAL L. IIEVlS!ON eoMM'N REPORTS 1051 (1971)

33

LEGISLATIVE ACTION

Recommendation 76. Discluuge From EmpJoymet1t

Because of Wage Garnishment, 10 CAL. L, REvISION CoM~I'N REPORTS 1147 (1971)

77, CiYiJ Arrest, II CAL. L, REVlSION COMM'N REPoRTS I (1973)

78. Claim and DeUvery Statute, II CAL. L. REVlSION COMM'N REPORTS 301 (1973)

79. Unchlimed Property, II CAL, L. REvISION COMM'N REPORTS 401 (1973); 12 CAL. L. REvISION COMM'N REPORTS 609 (1974)

80. En/i;rcement of Sister State Money Judgments, II CAL. L, REVISION COMM'N REPORTS 451 (1973)

81. Prejudgment Attachment, II CAL. L. REVlSION COMM'N REPORTS 701 (1973)

82. Landlord-Tenant Relations, II CAL. L. REVlSION COMM'N REPORTS 951 (1973)

83. Pleading (technical change), II CAL. 1... REVlSlON CoMM'N REPoRTS 102.4 (1973)

84. Evidence--judicial Notice (technical change), II CAL. L. REVlSION COMM'N REPoRTS 1025 (1973)

85. Evidence-"Criminal Conduct" Exception, II CAL, L, REvIsION COMM'N REpORTS 1147 (1973)

86. Erroneously Compelled Disclosure of PriYiJeged Information, II CAL. L. REvISION COMM'N REpORTS 1183 (1973)

97, Liquidated DanJIlgeS, II CAL. L. REVlSION CO .. M'N REpORTS 1201 (1973) ; 13 CAL. L. REvISION COMM'N REPoRTS 2139 (1976); 13 CAL. L. REVlSION COMM'N REPoRTS 1735 (1976)

Action by Legisillture Enocted. 1971 Cal. Stats. ch. 1607

Eoacted. 1973 Cal. Stat~ ch. 20

EnllCted. 1973 Cal. Slats. ch. 526

Proposed resolution enacted. 1973 Cal, Stab. res. ch. 76. Legislation enacted, 1975 Cal. Stats. ch, 25.

Enocted. 1974 Cal. Stats. ch. 211

EnllCted, 1974 Cal. Stats. cb. 1516. See also 1975 Cal. Stats, ch. 200,

Enocted. 1974 Cal, Stats. cbs. 331, 332


EnllCted. 1972 Cal. Stats, ch. 764

Not enacted 1974. See recommendation to 1975 _on (item 90 infr.s) which was enacted.

EnllCted. 1974 Cal. Stats. ch. 227


34

LEGISLATIVE ACl10N

Recommendation 88. Payment of /udgmeats Against

Local Public Enb"ties, 12 CAL. L. REVISlON eo .... ·N REPoRTS 575 (1974)

89. Viewhy TrierofFactina CivilCase, 12 CAL L. REVISlON eo .... ·N REPORTS 581 (1974)

90. Good Cause Erception to the Physician·Patient Privilege, 12 CAL. L. REVISION CO .... ·N REPORTS 601 (1974)

91. Jmprovement Acts, 12 CAL. L. REVISION CO .... ·N REpORTS 1001 (1974)

92. The Eminent Domain Law, 12 CAL. L. REVISION Co .... 'N REPoRTS 1601 (1974)

93. Eminent Domain-ConForming Changes in Special District Statutes. 12 CAL. L. REVISION CO .... ·N REPORTS 1101 (1974); 12 CAL. L. REv/SlON eo .... 'N REPORTS 2004 (1974)

94. Oral ModiRcstion of Wrilter1 Contracts, 13 CAL. L. REv/SlON CO .... ·N REPORTS 301 (1976); 13 CAL. L. REVISION eo .... ·N REPORTS 2129 (1976)

95. Pam·tion of Real and Personal Property. 13 CAL L. REvISlON eo .... ·N REPORTS 401 (1976)

96. Revision of the AttscbmentLaw, 13 CAL. L. REv/SlON eo .... ·N REPoRTS 801 (1976)

97. Undertakings lOr Co<ts. 13 CAL. L. REVISION eo .... ·N REPORTS 901 (1976)

~.AmwmbW~ofOo~ofBwm~ Records in EVIdence. 13 CAL. L. REVISION eo .... ·N REPORTS 2051 (1976)

99. 1\unoYeI Orders Under the Claim and Delivery Law, 13 CAL. L. REVISION COMM'N REPORTS 0079 (1976)

Action by Legislatwe Enacted. 1975 Cal Stab. ch. 295

Enacted. 1m Cal. Slats. eh. 301

Enacied. 1m Cal. Stats. ch. 318

Enacted. 1974 Cal. Stab. ch. 426

Enacted. 1m Cal Slats. cbs. 1239. l24O. 1275

Enacted. 1m Cal. Slats. cbs. 581. 582, 584. 565, 586, 581, 1176, 1276

Enacted. 1973 Cal. Slats. ch. 7; 1976 Cal. Stats. ch. 109


Enacted. 1976 Cal. Stats. ch. 4:11

Not eoacted 1976. Bul .ee recommendation 101979_0 (ilemllSinIi-s) which was enacted.

Noteoacted.


35

LEGISLATIVE ACfION

Recommeodation 100. Relocation Assistance by Privste

Omdemnors, 13 CAL. L. REvISION eo .... 'N REPoRTS 2085 (1976)

101. Condemnation for Byroads and Utility Easements, 13 CAL. L. J;\EVIsION eo .... 'N REPORTS 2091 (1976)

102. 1hu1sIer of Out-of-State '1huU to c.Ji!omiJl, 13 CAL. L. J;\EVIsION COMM'N REPORTS 2101 (1976)

103. Admissibility of Duplicates in EYidence, 13 CAL. L. REvIsION CO .... 'N REPoRTS 2115 (1976)

104. Service of Process on Unincorporsteci Associations, 13 CAL. L. RRVlSION eo .... 'N REPoRTS 1657 (1976)

105. Sister State Money Judgments, 13 CAL. L. J;\EVIsION eoMM'N REPORTS 1669 (1976)

106. Damages in Action for Breach of Lease, 13 CAL. L. RRvlsION eoMM'N REPoRTS 1679 (1976)

107. Nonprofit Corporation Law, 13 CAL. L. REvIsION COMM'N REPoRTS 2201 (1976)

106. Use of Keepers Pursuant to Writs of Executioo, 14 CAL. L. REvISION CO .... 'N REPoRTS 49 (1978)

109. Attllchment Law-EHect of BIU1kruptcy l'roceedhw; Eif6ct of Cenersl Assignments for the Benelit of CredJ'tors, 14 CAL. L. RRvlsION COMM'N REPoRTS 61 (1978)

110. Review of Resolution of Necessity by Writ of MandJlte, 14 CAL. L. REvIsION COMM'N REPORTS 83 (1978)

111. Use of Court Commissioners Under the Attachment Law, 14 CAL. L. REVISION CoMM'N REPORTS 93 (1978)

Action by Legislature Enacted. 1976 CaL Stats. ch. 143

Enacted in part (utility easements). 1976 CaL Stats. ch. 994

Enacted. 197Q CaL Stats. ch. 144

Not enacted. But see 1977 Cal. Stats. cb. 708, enacting substanoe of recommendation in modified form.

Enacted. 1976 Cal. Slats. cb. 868


Enacted. 1977 Cal. Stats. oh. 49

Not enacted. Legislation on Ibis subject, not recommended by the Commission, was enacted in 1978.

Enacted. 1977 Cal. Slats. ch. 1M

Eoacted. 1977 CaL Slats. ch. 499

Enacted.l97ll {;aI. Slats. eh. 286

Enacted. 1978 Cal. Stats. cb. m

LEGISLATIVE ACTION

Recommendation 112. Evidence of Market Value of

Property. 14 CAL, L. REVISION CO''',·N REPORTS 105 (1!118)

113. PsyChotherapist-Patient" PriVilege. 14 CAL. L. REVISION CO .... ·N REPoRTS 127 (1m); 15 CAL, L. REVISION CO .... ·N REPORTS 1307 (1980)

114. Parole Evidence Rule, 14 CAL. L. REVISION CO .... ·N REPORTS 143 (1!118)

115. Athlchment Law-Unlawful Detainer Proceedings; Bond for Levy on Joint Deposit Account or Ssfe Deposit BoX; Definition of "Chose in Action." 14 CAL. L. REVISION CO .... ·N REPORTS 241 (1!118)

116. Powers of Appointment (technical changes). 14 CAL. L. REvISION CO .... ·N REPORTS 257 (I!11B)

117. Ad Valorem Property Taxes in Eminent Domain Proceedings. 14 CAL. L. REVISION CO .... ·N REPORTS 291 (1!118)

118. Security lOr Ca<t.. 14 CAL, L, REvISION COMM'N REPORTS 319 (1978)

119. Guurdisnship-Consen'atorship Law. 14 CAL, L. REVISION COMM'N REPORTS SOl (1978); 15 CAL. L. REVISION CO .. M·N REPORTS 451 (1980)

120. Effect of New Bankruptcy Law on The AtI1lcbment Law. 15 CAL. L. REVISION COMM'N REpORTS 1043 (1980)

1.21. Confessions of Judgment, 15 CAL. L. REVlSlON COMM'N REPORTS 1053 (1980)

122. SpeciBl Assessment Liens on Property Taken for Public Use. 15 CAL. L. REVISION COMW'N REPORTS 1101 (1980)

Aetion by Legislature Enacted in part. '1!I18 CaL Slats. ch. 294.

Subotance of remainder enacted in 1980. See item 127 infrs.

Vetoed 1978.

Enacted. 1!118 Cal, Slats. ch, ISO

Enacted. 1!118 Cal. Stats. ch. 273



Enacted, 1980 Cal. Stats. ch. 114

Enacted. 1979 Cal. Stats. chs. 165. 725. 730


Enacted, 1!119 Cal. Stats. ch. l568


37-

LEGISLATIVE ACI'lON

Recommendation 123. AssigrmreDts for the IJenelit of

Creditors, 15 CAL. L. REvIsION CO .... ·N REPoRTS 1117 (1980)

1240 Vacation of Public Streets, lfjghways, and Serrioe Easements, IS CAL. L. REvIsION CO .... ·N REPORTS 11,'l7 (1980)

U3. Quiet Title Actions, 15 CAL. L. REvIsION CO .... ·N REPORTS U87 (1980)

J.26. Agreements for Entry of Paternity IUId Support Judgments, 15 CAL. L. REVISION Co .... 'N REPORTS 1237 (1980)

127. Application of Evidence Code Property Valuation Rules in NoncontiemIJ1ltion Cases, 15 CAL. L. REVlSION CO .... ·N REPORTS 301 (1980)

128. Probate Homestead, 15 CAL. L. REvIsION CO .... ·N REPORTS 401 (1980)

129. Enforcement of Claims and Judgments Against Public Entities, 15 CAL. L. REVISION CO .... ·N REPORTS U37 (1980)

130. Uniform Veterans Guardianship Act, 15 CAL. L. REVISION CO .... ·N REPORTS 1289 (1980)

131. Enforcement of ObUgstions After Death, 15 CAL. L. REvISION CO .... ·N REPORTS 1327 (1980)

132. Interest Rate on Judgments, 15 CAL. L. REVISION CO .. M·N REPORTS 7 (1980)

133. Married Women JI$ Sole Trsders, 15 CAL. L REVISION COM.M'N REPORTS 21 (1980)

Action by LesUJature Enacted. 1980 Cal Slats. ch. 135

Enacted. 1980 Cal Stats. ch. 1050





Enacted. 1980 Cal. Slats. cb. 215



Enacted. 1982 Cal. Stats. ch. ISO


134. State Tax liens, 15 CAL. L. Enacted. 1980 Cal. Slats. cb. 600 REVISION CoMM'N REPORTS 29 (1980)

LEGISLATIVE ACllON

Recommendation 135. Guardianship-Con!fervatorship (tech·

nical change) . 15 CAL. L. REYlSlON COMM'N REPORTS 1247 (19130)

136. Revision of Guardisnahip-Coo5ervatorship Law, 15 CAL. L. REVISION CO ..... N REPORTS 1463 (1980)

137. Enforcement of Judgments Law, 15 CAL. L. REV[s[ON COMM'N REPORTS 2001 (1980)

138. Unifonn Durable Power of Attorney Act, 15 CAL. L. REVISION COMM'N REPORTS 351 (1980)

139. Non-Probate Transfers, 15 CAL. L. REVISION CoMM'N REPORTS 1605

(1980) ; 16 Cal. L. Rev i::....... sian Comm'n Reports 129 (1982)

140. Revision of the Powers of Appointment Statute, 15 CAL. L. REVISlON COMM'N REPORTS 1667 (1980)

141. State Tax Liens (technical change), 16 CAL. L. REVISION Co!\ln.i'N REPORTS 24 (1982)

142. Assessment Liens on Property Taken fOr Public Use (technical change), 16 CAL. L. REVISION COMM'N REPORTS 25 (1982)

143. Federal Pensions as Community Property, 16 CAL. L. REVISION COMM'N REPORTS 47 (1982)

144. HoiographicandNuncupative Wills, 16 CAL. L. REVISJON COMM'N REPORTS 301 (1982)

Action by l..egislature Enacted. 1980 Cal. Stats. ch. 246


Enacted. 1982 Cal. Stat~ chs. 497, 1364

Enacted 1981 Cal. Stats. ch. 511

Enacted in part (pay-on-<ieath accounts) 1982 Cal. Stats. ch. 26G; (credit

-union and industrial loan companies) 1983 Cal. Stats. ch. 92.




Proposed resolution adopted. 1982 Cal. Stats. res. ch. 44


145. Marketable Title of Real Property, Enacted. 1982 Cal. Stats. ch. 1268 16 CAL. L. REVISION COMM'N REPORTS 401 (1982)

146. Statutory Bonds and Undertakings, Enacted. 1982 Cal. Stats. chs. 517,998 16 CAL. L REVISION COMM'N REpORTS 501 (1982)

147. Attachment, 16 CAL. L. REVlSION Enacted. 1982 Cal. Stats. ch. 1198 COMM'N REpORTS 701 (1982)

148. Escheat (technical change), 16 CAL. Enacted. 1982 Cal. Stats. ch. 182 L. REVlSION COMM'N REPORTS 124 (1982)

Recommendation

149. Missing Persons, 16 Cal. L. ReVisi.on Cornm'n Reports 105 (1982)

150. Emancipated Minors, 16 Cal. L. Revision Comn'n Reports 183 (1982)

151. Notice in Limited Conservatorship Proceedings, 16 Cal. L. Revision Comm'n Reports 199 (1982)

152. Disclaimer £t Testamentary and Other Interests, 16 Cal. L. Revision Comm'n Reports 207 (1982)

153. Wills and Intestate Succession, 16 Ca1:-L. Revision Comm'n Reports 2301 (1982)

154. Division of Joint Tenancy and Tenancy in Common Property at Dissolution £t Marriage, 16 Cal. L. Revision Comm'n Reports 2165 (1982)

155. Creditors' Remedies, 16 Cal. L. Revision Comm'n Reports 2175 (l982)

156: Conforming Changes to the Bond and Undertaking Law, 16 Cal. L. Revision Comm'n Reports 2239 (1982)

157. Notice of Rejection of Late Claim Against Public Entity, 16 Cal. L. Revision Comm'n Reports 2251 (1982)

15~. Liability of Marital Property for Debts, 17 Cal. L. Revision Comm'n Reports 1 (1984)

159. Durable Power of Attorney for Health Care Decisions, 16 Cal. L. Revision Comm'n Reports 101 (1984)

160. Effect of Death of SUDport Obligol~June 1983), published as Appendix XI to this report.

161. Vacation of Streets (technical change), see "Legislative History of Recommendations Submitted to 1983 Legislative Session" in this Report.

L/D

Action by Legisiature





Enacted. 1983 Cal. Stats ch. 842





Assembly Bill 1460 introduced at the 1983 legislative session to effectuate this recommendation. The bill will be acted upon by the Legislature in 1984.


Not enacted.


A P PEN DIe E S I I x V I I

Appendices II-X (reprints of extracts from Assembly and Senate

Journals of reports on bills submitted to 1983 session) and XI-XVII

(various recommendations to 1983 and 1984 legislative sessions) are not

included in this draft but will appear at this point of the printed 1983

Annual Report.

PUBLICATIONS OF THE CALIFORNIA LAW REVISION COMMISSION

The California Law Revision Commission's annual reports and its recommendations and studies are published in separate pamphlets which are later bound in hard cover volumes. Except as indicated, the pamphlets are available for complimentary distribution as long as the supply lasts and may be obtained only from California Law Revision Commission, 4000 Middlefield Road, Suite 1)..2, Palo Alto, California 94306. Telephone (415) 494-1335.

The volumes, except Volumes 1-7 and 9 which are out of print, may be obtained only from the Publications Section of the Office of Procurement, P.O. Box lOIS, North Highlands, CA 95660. (See ordering instructions below.) Complete sets of the bound volumes are available at most county law libraries, at the libraries of most California law schools, and at some other libraries. Some pamphlets contained in the out-of-print volumes may still be available from the Law Revision Commission.

How To Purchase From Publications Section All sales are subject to payment in advance of shipment of

publications, with the exception of purchases by federal, state, county, city, and other government agencies. Several types of accounts are also available for use; information on these may be obtained from the Publications Section (address indicated above). However, orders for continuing subSCriptions are not accepted.

Checks or money orders should be made payable to the State of California. The price of each volume (except Volume 15) is $11.98; California residents add 72; sales tax. The price of Volume 15, Parts I and II, is $23.96; California residents add $IM sales tax. Ten percent discount is given on orders of 50 copies or more. All prices are subject to change without notice.

Requests and orders should include the name of the issuing agency ("California Law Revision Commission") and the title of the publication.

1955 Annual Report 1956 Annual Report 1957 Annual Report

VOLUME 1 (1957) [Out of Priot]

Re(!ommendation and Study Relating to: -The Maximum Period of Confinement in a County Jail Notice of Application for Attorney's Fees and Costs in Domestic Relations Actions Taking Instructions to tbe Jury Room The Dead Man Statute Rights of Surviving Spouse in Property Acquired by Decedent While Domiciled

Elsewhere

PUBUCATIONS

The Marital "For and Again.t" Testimonial Privilege Suspension of the AbsoJute Power of Alienation Elimination of Obsolete Provision. in Penal Code Sections 1377 and 1378 Judicial Notice of the Law of Foreign Countrie. Cboice of Law Governing Survival of Actions The Effective Date of an Order Ruling on a Motion for New Trial Retention of Venue for Convenience of Witnesses Bringing New Parties into Civil Actions

1958 Aooual Report 1959 Aooual Report

VOLUME 2 (1959) [Out of Print]

Recommendation and Siudy Relating to: The Presentation of Clairns Against Public Entities The Right of Nonresident Aliens to loberit Mortgages to Secure Future Advances The Doctrine of Worthier Title Overlapping Provision. of Penal and Vehicle Codes Relating to Taking of Vehicle.

and Drunk Driving Time Within Which Motion for New Trial M.y Be Made Notice to Shareholders of Sale of Corporate Assets

1960 Annual Report 1961 Annual Report


Recommendation and Siudy Relating to, Evidence in Eminent Domain Proceedings Taking Possession and P .... ge of Title in Eminent Dornoin Proceeding. The Reimbunement for Moving Expenses When Property i. Acquired for Public Uoe Rescission of Contracts The Right to Counsel and the Separ.tion of the Delinquent From the Nondelinquent

Minor in Juvenile Court Proceeding. Survival of Actions Arbitr.tion The Presentation of Clairns Against Public Office .. and Employees Inter Vivos Marital Property Rights in Property Acquired WbiIe Domiciled

Elaewhere Notice of Alibi in Criminal Actions

1962 Annual Report 1963 Annual Report 1964 Annual Report


Recommendation and Study Relating to Condemnation Law and Procedure, Number 4-Discovery in Eminent Domain Proceedings [The first three pamphlets

(unnumbered) in Volume 3 also deal with the subject of condemnation law and procedure.]

Recommendations Relating to Sovereign Immunity: Number I-Tort Liability of Public Entities and Public Employees Number i/,.-.Claims. Actions and Judgments Against Public Entite. and Public

Employees

PUBLICATIONS

Number 3-lnsurance Coverage for Public Entities and Public Employees Number 4-Defense of Public Employees Number 5-Liability of PubHc Entities for Ownership and Operation of Motor

Vehicles Number S-Workmeo's Compensation Benefits for Persons AsaIstiog Law

Enforoement or Fire Control Officers Number 7-Amendments and BepeaIs of Inconsistent Special Statutes [out of print]

Tentative Recommendation and A Study Relating to the Uoiform Rules of Evidence (Article VJII. Hearsay Evidence)


A Study Relating to Snvereign Immunity


Tentative Reeommendatinns and Stud;es Relating to the Uniform Rules of Evidence: Article I (General Provisions) Article II (Judicial Notice) Burden of Producing Evidence, Burden of Proof, and Presumptions (replacing URE

Article JII) Article IV Article V Article VI Article VII Article VIII Article IX

19ti1l Annual Report 1966 Annual Report

(Witn ...... ) (Privileges) (Eminsic Potici .. Affecting Admissibility) (Expert and Other Opinion Testimony) (Hearsay Evidence) [same as publication in Volume 4] (Authentication and Content of Writings)


Evidence Code with Official Conunents [out of print] Reconunendation Proposing an Evidence Code [out of print] Recommendation Relating to Snvereign Immunity: Number 8-Revisions of the

Governmental Liability Act: Liability of Public Entities for Ownership and Operation of Motor Vehicles; Claims and Actions Agsirut Public Entities and PubHc Employees

VOLUME 8 (1967) Annual Report (December 1966) includes tbe following recommendation:

Discovery in Eminent Domain Proceedings Annual Report (December 1967) iocludes tbe following recommendations:

Recovery of Condemnee's Expenses on Abandonment of an Eminent Domain Prooeeding

Improvements Made in Good Faith Upon Land Owned by Another Damages for Personal lJVuries to a Married Person as Separate or Community

Property Service of Prooess on Unincorporated Associations

Recommendation and Study Relating w. Whether Damages for Personal Injury to a Married Person Should Be Separate or

CommlDlity Property Vehicle Code Section 17150 and Related Sections Additur

PUBLICATIONS

Abandonment or Termination of a Lease The Good Faith Improver of Land Owned by AnotheT Suit By or Against An Unincorporated Association

Rerommendation Relating to the Evidence Code: Number I-Evidence Code Revisions Number 2-Agricultural Code Revisions Number 3-Commercial Code Revisions

Reconunendatioo Relating to Escheat Tentative Recommendation and A Study Relating to Condemnation Law and Procedure:

Number I-Possession Prior to Final Judgment and Related Problem.


Annual Report (Deoember 1968) includes the following recommendations, Recommendation Relating to Sovereign Immunity: Nwnber 9--Statute of

Limitations in Actions Against Public Entities and Public Employees Reconunendation Relating to Additur and Remittitur Recommendation Relating to Fictitious Business Names

Annual Report (December 1969) includes the following recommendations: Recommendation Relating to Quasi-Community Property Recommendation Relating to Arbitration of Just Compensation Recommendation Relating to the Evidence Code: Number 5-Revisions of the

Evidence Code Reoornmenciation Relating to Real Property Leases Proposed Legislation Relating to Statute of Limit,tions in Actions Against Public

Entities and Public Employees Recommendation and Study Relating to:

Mutuality of Remedies in Suits for Specific Performance Powers of Appoinbnent Fictitious Business Names Representations as to the Credit of Third Persons and the Statute of Frauds The "Vesting" of Interests Under tbe Rule Against Perpetuities

Re-commendation Relating to: Real Property Leases The Evidence Code: Number 4-Revision of the Privileges Article Sovereign Immunity: NumbeT 10-Revisions of the Govenunental Liability Act

VOLUME 10 (1971) Annual Report (December 1970) includes tbe following recommendation,

Recommendation Relating to Inverse Gondenmation: Insurance Coverage Annual Report (December 1971) includes the following recommend,ti"",

Recommendation Relating to Attachment, Garnishment, and Exemptions From Execution: Discharge From Employment

California Inverse Condenmation Law [out of print] Hecommendation and Study Relating to Counterclaims and CToss-Complaints, Joinder of

Causes of Action, and Related Provisions Recommendation Relating to Attachment, Garnishment, and Exemptions From

Execution: Employees' Earnings Protection.Law [out of print]

VOLUME 11 (1973) Annual Report (December 1972) Annual Report (December 1973) includes the follOWing recommendations:

Evidence Code Section 999-The "Criminal Conduct" Exception to the Physician· Patient Privilege

Erroneously Ordered Disclosure of Privileged Infonnation

PUBUCATIONS

Recommendation and Study Relating to, Civil Arrest Inheritance Rights of Nonresident Aliens Liquidated Damages

Recommendation Relating to, Wage Garnishment and Related Matters The <laim and Delivery Statute Uoclaimed Property Enforcement of Sister State Money Judgments Prejudgment Attaehment Landlord-Tenant Relations

Tentative Recommendation Re1ating I<> Prejudgment Attachment

VOLUME 12 (1974) Annual Report (December 1974) includes the following recotnmen<\IotiODS'

Payment of Judgments Against Local PubUc Entities View by Trier of Fact in a Civil Case The Good Cause Exceptioo to the Physician-Patient Privilege Escheet of Amounts Payable on Travelers Cbecb, Money Orders, and SiDUIar

Instruments Recommendation Proposing the Eminent Domain Law Recommendation Relating to Condemnation Law and Proeeciure ConformiDs Changes

in Improvement Acts Recommendation Relating to Wage Garnishment Exemptioos Tentative Recommendations Relating to Condemnation Law and Proeeciure

The Eminent Domain Law Condemnation Authority of State Agencies Conforming Changes in Special District Statute,

VOLUME 13 (1976) Annual Report (December 1975) includes the following recommeoclatiODS'

Admissibility of Copie. of Business Records in Evidenoe Turnover Order, Under the Claim and DeUvery Law Relocation Assistance by Privete Condemnors Condemnation for Byroads and UtiUty Easements Transfer of Out-of-State Trusts to Califomja Admissibility of Duplicates in Evidence Oral Modification of Contracts Liquidated Damages

Annual Report (December 1976) includes the following recommendatiODS' Service of Prooess on Unincorporated Associations Sister State Money Judgments Damages in Action for Breech of Leese Wage Garnishment Liquidated Damages

Selected Legi>lation Relating to Creditors' Remedies [out of print) Eminent Domain Law with Conforming Changes in Codified Sections· and Officlal

Comments [out of print) Reoommendation and Study Relating to Oral Modification of Written Contracts Recommendation Relating'to,

Partition of Real and Personal Property Wage Garnishment Procedure Revision of tbe Attachment Law Undertakings for Cost. Nonprofit Corporation Law

PUBLICATIONS

VOLUME 14 (1978) Annual Report (December 1977) includes the following recommendations:

Use of Keepers Pursuant to Writs of Execution Attachment Law-Effect of Bankruptcy Proceedings; Effect of General Assignments

for Benefit of Creditors Review of Resolution of Necessity by Writ of Mandate Use of Court Commissioners Under the Attachment Law Evidence of Market Value of Property Psychotherapist-Patient Privilege Parol Evidence Rule

Annual Report (December 1978) includes the following reconuneruiation" Technical Revisions in the Attachment Law: Unlawful Detainer Proceedings; Bond

for Levy on Joint Deposit Account or Safe Deposit Box; Definition of "Cbose in Action"

Ad Valorem Property Taxes in Eminent Domain Proceedings Security for Costs

Recommendation Relating to Guardianship-Comervatorship Law

VOLUME 15 (1980) [This volume is pubLisbed in two parts; each part is considered a separate volume in

detennining tbe priee_l

Part I Annual Report (December 1979) includes the following recommendations:

Effect of New Bankruptcy Law on the Attachment Law Confessions of Judgment Special Assessment Liens on Property Taken fOT Public Use Assignments for the Benefit of Creditors Vacation of Public Streets, Highways, and Service Easements Quiet Title Actions Agreements for Entry of Paternity and Support Judgments Enforcement of Claims and Judgments Against PubHc Entities Uniform Veterans Guardianship Act Psychotherapist-Patient Privilege Enforcement of Obligations After Death

Guardianship-Conservatorship Law with Official Conunents [out of print} Recommendation Relating to:

Enforcement of Judgments: Interest Rate on Judgments; Married Women as Sole Traders; State Tax Liens

Application of Evidence Code Property Valuation Rules in Noncondemnation Cases Uniform Durable Power of Attorney Act Probate Homestead

Part U Annual Report (December 19BO) includes the following recommendation:

Revision of the Guardianship-Conservatorship Law. Appointment of Successor Guardian or Conservator; Support of Conservatee Spouse from Community Property; Appealable Orders

Recommendation Relating to: Probate and Estate Planning: Non-Probate Transfers; Revision of the Powers of

Appointment Statute Tentative Recommendation Proposing the Enforcement of Judgments Law

PUBLICATIONS

VOLUME 16 (1982) Annual Report (December 1981) includes the fonawing recommendation:

Federal Military and Other Federal Pensions as Community Property Annual Report (December 1982) includes the following recommendations:

Division of Joint Tenancy and Tenancy in Cornmon Property at Dissolution of Marriage

Creditors' Remedies: Amount Secured by Attachment; Execution of Writs by Registered Process Servers; Technical Amendments

Dismissal fur Lack of Prosecution Conforming Cbanges to !be Bond and Undertaking Law Notice of Rejection of Late Claim Against Public Entity

Recommendation Relating to; Holographic and Nuncupative WiUs Marketable Title of Real Property Statutory Boods and Undertakings Attachment Probate Law and Procedure: Missing Persons; Nonprobate Transfers; Emancipated

Minors; Notice in Limited Conservatorship Proceedings; Disclaimer of Tesbnentary and Other Interests

1982 Creditors' Remedies Legislation [out of print) Tentative Recommendation Relating to Wills and Intestate Succession

VOLUME 17 (1984)

[Volume expected to be available September 1985]

Annual Report (1983) includes the following recommendations: Effect of Death of Support Obligor Dismissal for Lack of Prosecution Statutes of Limitation for Felonies Effect of Quiet Title and Partition Judgments Dormant ~!ineral Rights Creditors' Remedies--Technical and Substantive Changes Rights of Cotenants In Possession and Out of Possession

of Real Property

Recommendations Relating to: Liability of Marital Property for Debts Durable Power of Attorney for Health Care Decisions Family Law:' Joint Tenancy and Community Property; Marital Prop

erty Presumptions and Transmutations; Disposition of Community Property; Reimbursement of Educational Expenses; Special Appearance in Family Law Proceedings; Liability of Stepparent for Child Support; Awarding Temporary Use of Family Home

Ptobate Law: Independent Administration of Decedent's Estate; Distribution of Decedent's Estate Without Administration; Execution of Witnessed Wills; Simultaneous Deaths; Notice of will; Garnishment of Amounts Payable to Trust Beneficiary; Bonds for Personal Representative; Wills and Intestate Succession--Technical and Substantive Changes; Recording Affidavit of Death

Statutory Forms For Durable Powers of Attorney

Memorandum 83-90 Subject: Annual Report · 10/27/83 Memorandum 83-90 Subject: Annual Report...

Documents

Transcript of Memorandum 83-90 Subject: Annual Report · 10/27/83 Memorandum 83-90 Subject: Annual Report...