BILL NUMBER: AB 2379	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 21, 2008

   An act to amend Section 904.1 of, and to add Section 1021.11 to,
the Code of Civil Procedure, relating to court records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2379, as introduced, Evans. Court records: appeal: attorney's
fees.
   (1) Existing rules of court provide a standard and procedures for
courts to use when a motion is made to seal or unseal a court record.
Existing case law provides that a court order to unseal a court
record is appealable as the final determination of a collateral
matter, in that it directed the performance of an act.
   Existing law generally provides that an appeal is to the court of
appeal, other than in a limited civil case, and specifies certain
judgments and orders from which an appeal may be taken.
   This bill would provide that an order granting or denying a motion
to seal or unseal a court record is not a final judgment or order
from which an appeal may be taken, but shall be immediately
reviewable by petition to the appellate court for the issuance of an
extraordinary writ. The bill would require a party, intervenor, or
member of the public, in order to obtain review of any order to seal
or unseal a court record, to file a petition within 20 days after
service upon him or her of a written notice of entry of the order, or
within any further time not exceeding an additional 20 days as the
trial court may for good cause allow.
   (2) Existing law allows a court, upon motion, to award attorney's
fees to a successful party against one or more opposing parties in
any action that has resulted in the enforcement of an important right
affecting the public interest, if certain conditions are met,
including the conferral of a significant benefit upon the general
public or a large class of persons.
   This bill would provide that a 3rd party or member of the public
who prevails on a motion to unseal court records that were improperly
filed or lodged under seal is eligible to recover attorney's fees
and costs if the court finds that the disclosure of records has
served the public interest and that the requirements of the above
provision have been met.
   (3) The bill would include related statements of legislative
intent.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) It is the intent of the Legislature in adding
subdivision (c) to Section 904.1 of the Code of Civil Procedure in
Section 2 of this act to avoid delays associated with appeals of
orders sealing or unsealing court records by providing for the use of
a writ procedure rather than normal appeals, in order to determine
these matters more expeditiously. Courts have recognized the
importance of avoiding delays and obtaining prompt decisions on
matters involving access to courts and the sealing of court records.
Language in some court cases has suggested that orders unsealing
court records are appealable as the final determination of a
collateral matter (see, for example, In re Providian Credit Card
Cases (2002) 96 Cal.App.4th 292, 297, fn. 2). This act is intended to
overrule that language and to treat orders unsealing court records
the same way as matters are treated under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code). Orders directing disclosure of
public records or upholding a refusal to disclose public records may
be challenged only by writ and not by appeal under subdivision (c) of
Section 6259 of the Government Code.
   (b) It is the intent of the Legislature in adding Section 1021.11
to the Code of Civil Procedure in Section 3 of this act to overrule
Section II B of the decision in Savaglio v. Wal-Mart Stores, Inc.
(2007) 149 Cal.App.4th 588, 602-603, to the extent it suggests that a
person who succeeds in unsealing court records cannot recover
attorney's fees unless he or she files an original proceeding in the
reviewing court.
  SEC. 2.  Section 904.1 of the Code of Civil Procedure is amended to
read:
   904.1.  (a) An appeal, other than in a limited civil case, is to
the court of appeal. An appeal, other than in a limited civil case,
may be taken from any of the following:
   (1) From a judgment, except (A) an interlocutory judgment, other
than as provided in paragraphs (8), (9), and (11), or (B) a judgment
of contempt that is made final and conclusive by Section 1222.
   (2) From an order made after a judgment made appealable by
paragraph (1).
   (3) From an order granting a motion to quash service of summons or
granting a motion to stay the action on the ground of inconvenient
forum, or from a written order of dismissal under Section 581d
following an order granting a motion to dismiss the action on the
ground of inconvenient forum.
   (4) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
   (5) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
   (6) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
   (7) From an order appointing a receiver.
   (8) From an interlocutory judgment, order, or decree, hereafter
made or entered in an action to redeem real or personal property from
a mortgage thereof, or a lien thereon, determining the right to
redeem and directing an accounting.
   (9) From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties and
directing partition to be made.
   (10) From an order made appealable by the provisions of the
Probate Code or the Family Code.
   (11) From an interlocutory judgment directing payment of monetary
sanctions by a party or an attorney for a party if the amount exceeds
five thousand dollars ($5,000).
   (12) From an order directing payment of monetary sanctions by a
party or an attorney for a party if the amount exceeds five thousand
dollars ($5,000).
   (13) From an order granting or denying a special motion to strike
under Section 425.16.
   (b) Sanction orders or judgments of five thousand dollars ($5,000)
or less against a party or an attorney for a party may be reviewed
on an appeal by that party after entry of final judgment in the main
action, or, at the discretion of the court of appeal, may be reviewed
upon petition for an extraordinary writ. 
   (c) An order granting or denying a motion to seal or unseal a
court record pursuant to subdivision (b) or (h) of Rule 2.551 of the
California Rules of Court is not a final judgment or order within the
meaning of this section from which an appeal may be taken, but shall
be immediately reviewable by petition to the appellate court for the
issuance of an extraordinary writ. Upon entry of any order pursuant
to Rules 2.550 and 2.551 of the California Rules of Court, a party,
intervenor, or member of the public shall, in order to obtain review
of the order, file a petition within 20 days after service upon him
or her of a written notice of entry of the order, or within any
further time not exceeding an additional 20 days as the trial court
may for good cause allow. If the notice is served by mail, the period
within which to file the petition shall be increased by five days.

  SEC. 3.  Section 1021.11 is added to the Code of Civil Procedure,
to read:
   1021.11.  A third party or member of the public who prevails on a
motion to unseal court records that were improperly filed or lodged
under seal is eligible to recover attorney's fees and costs if the
court finds that the disclosure of records has served the public
interest and that the other requirements of Section 1021.5, including
the conferral of a significant benefit upon the general public or a
large class of persons, have been met.