THE MAJOR METROPOLITAN BAR ASSOCIATION FOR THE WESTSIDE OF LOS ANGELES

Celebrating over 70 years of service to the Westside legal community 1931-2003
 

 


Legislative Activity

This Committee deals with promoting primarily state legislation derived from successful resolutions sponsored by the Resolutions Committee of the Beverly Hills Bar Association at the Conference of Delegates of California Bar Associations

Successful 2002 Conference of Delegate Resolutions

The Committee looks forward to promoting at the state legislative level two Beverly Hills Bar Association resolutions which successfully passed the 2002 Conference of Delegates under the excellent leadership of 2002 Resolutions Committee Chair Cynthia Pasternak:

Diane Karpman’s Resolution 04-06-02 which would amend Business and Professions Code section 6085 to provide that, absent harm to clients or the public, a State Bar investigation or hearing must be stayed at the request of the person complained against while a parallel civil action is pending; and

Elizabeth L. Bradley’s Resolution 10-05-2002 which would amend California Rules of Court, Rule 335, to require that separate statements filed in support of motions to compel further discovery responses be filed on both paper and electronic form agreed to the parties, or otherwise used to prepare the court filed document.
 

  

Moreover, Stephen Rohde, working cooperatively with the original author, Jim Zahradka of the Santa Clara Bar, amended Resolution 1-09-02 recommending that the California delegation to the House of Representatives and California Senators support legislation either amending the USA PATRIOT Act or otherwise addressing the concerns of protecting civil liberties and due process in the environment of the war on terrorism. With the able assistance of John Van De Kamp of the Los Angeles County Bar (former Attorney General of California), and Jim Brosnahan of the San Francisco Bar, Resolution 1-09-02, as amended, was successfully approved by the Conference. Both a copy of Resolution 1-09-02, and Steve Rohde’s entertaining write-up of his experiences as a first time delegate to the Conference appear in the November/December 2002 issue of the BHBA Bar Brief.

STATE CAPITAL TRIP

A favorite activity of the Resolutions Committee has been its annual trip to the State Capital in Sacramento each year to meet with various legislators, and have a power lunch at one of Sacramento’s in-trendy restaurants.

2001 BHBA RESOLUTION BECOMES STATE LAW IN 2002

The BHBA sponsored Resolution 02-15-01, authored by Don Fenmore, before the 2001 Conference of Delegates, where it was overwhelmingly approved in September 2001. The Resolution sought to adopt in California a remedy similar to the federal remedy of permitting a trial judge to note in a court order that it involves a controlling issue of law as to which there is substantial ground for difference of opinion, immediate appellate court resolution of which may materially advance ultimate termination of the litigation. [28 U.S.C. § 1292(b)].

In December 2001 the State Bar of California adopted Resolution 02-15-01 as part of its legislative program, and in January 2002 Assemblyman Paul Koretz (D-Beverly Hills, West Hollywood) agreed to carry the measure as AB2865.

On behalf of the BHBA, Don attended and participated with Assemblyman Koretz’s office in both the Assembly Judiciary Committee and Senate Judiciary Committee hearings on the bill where it underwent various amendments.

On September 19, 2002 Governor Gray Davis signed AB2865, as amended, into law, which then became Code of Civil Procedure Section 166.1. CCP Section 166.1 now reads:

“Upon the written request of any party or his or her counsel, or at the judge’s discretion, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolution of which may materially advance the conclusion of the litigation. Neither the denial of a request for, nor the objection of another party or counsel to, such a commentary in the interlocutory order, may be grounds for a writ or appeal.”

Finally, Don authored an article which appeared in the November 21, 2002 issue of the Daily Journal describing the new statute, and pointing out that its genesis came from the BHBA sponsored Resolution 02-15-01 to the 2001 Conference of Delegates.

Below are some legislative links that may be helpful.
U.S. House of Representatives
The United States Senate
California State Assembly
California State Senate
Legislative Information (official)
Bill Search - Legislative Council
Bill Search - Senate Rules Committee
Bill Information Archives
Thomas-Legislative Information on Internet

Legislative Committee
 
Chairperson for Committee 2002-2003 Donald M. Fenmore
12400 Wilshire Blvd., Ste. 1480
Los Angeles, CA. 90025
310/278-7320
Fax 310/278-7159
dfenmore@cs.com

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To contact the Beverly Hills Bar Association

9420 Wilshire Boulevard 2nd Floor
P.O. Box 7277
Beverly Hills, CA 90212
(310) 601-BHBA Fax (310) 601-2423

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This page was last updated on 05/04/12