The following are legislative proposals developed by various Sections and/or Committees of the State Bar for possible introduction in the California Legislature in 2017.
For information concerning these proposals contact:
The person(s) named on the individual proposals;
Saul Bercovitch, Legislative Counsel, Office of Governmental Affairs; or
Mark Weideman, Legislative Representative for the State Bar Sections.
Would create emergency jurisdiction for child custody and visitation issues when a case has been approved for a change of venue but jurisdiction has not been perfected in the new venue, thereby filling a void in the law that can result in a denial of access to justice because of a procedural quirk that leaves a case in limbo.
Would 1) remedy inconsistencies that have arisen in a statutory scheme designed to protect vulnerable members of society, thereby eliminating harm to victims and preventing confusion; 2) eliminate ambiguity; and 3) correct an omission.
Would conform California law with the Uniform Testamentary Additions to Trusts Act to permit a decedent to validly devise property to a trustee where the terms of the trust are set forth in an instrument executed after the decedent’s will is executed, as well as where those terms are set forth in an instrument executed before or concurrently with the decedent’s will, thereby eliminating the possibility for a technicality to thwart the intention of the decedent.
Would 1) bring greater conformity to the timing rules for commencement of discovery in trust and estate proceedings and civil proceedings; and 2) provide enhanced notice in proceedings brought to determine rights and claims to property in the control or possession of an estate or another party, thereby eliminating a potential due process issue.
Would provide a legal path for the windup of a California corporation that has been liquidated under a Chapter 11 plan approved by a bankruptcy court, thereby eliminating the inefficiencies and waste that result when a corporate shell remains “on the books” of many California state agencies, including the Secretary of State and the Franchise Tax Board.
Business Law Section (Insolvency Law Committee)
Amends Section 1401 of and adds Section 1905.2 to the Corporations Code
