2014 LEGISLATIVE WORK
AB 802 (Wieckowski) Private arbitration companies: disclosures. Support as amended. Chaptered.
AB 2617 (Weber) Civil rights: waiver of rights. Watch Chaptered.
SB 907 (Monning) International commercial disputes: representation and assistance. Support. Withdrawn.
AB 802 (Wieckowski) Private arbitration companies: disclosures. Support as amended. Chaptered.
Reintroduced from 2013 after incorporating CDRC’s recommendations, required a private arbitration company to collect additional information related to a consumer arbitration case, and to provide the information in a single cumulative report. Require a private arbitration company to make the report available in a format that allows the public to search and sort the information using readily available software, and to make the report accessible on the private arbitration company’s Internet Web site.
AB 2617 (Weber) Civil rights: waiver of rights. Watch Chaptered.
Amended Civil Code sections 51.7, 52 and 52.1 (the Ralph Rights Act and the Banes Civil Rights Act) b, prohibiting a person from requiring a waiver of the right to pursue a civil action as a condition of entering into a contract for the provision of goods and services. Any waiver of this right would have to be knowing and voluntary and the burden of proving that the waiver was voluntary and not as a condition for the provision of goods and services would fall upon the person seeking to enforce the waiver. Although CDRC supported the bill's concept of opposing mandatory arbitration, it concluded that the bill was preempted and hence took no position. CDRC's conclusion proved to be correct when the statute created by the bill was overturned. See Saheli v. White Memorial Medical Center (2018) 21 Cal.App.5th 308.
SB 907 (Monning) International commercial disputes: representation and assistance. Support. Withdrawn.
Would have recast the International Commercial Arbitration and Conciliation Act (Code Civ. Proc., § 1297 et seq.) applicable to any arbitration or conciliation proceeding conducted pursuant to the statutory provisions that govern arbitration and conciliation of international commercial disputes. Would have also expressed the intent of the Legislature that those statutory provisions be broadly construed so as to promote California’s interest in becoming a major center for international commercial arbitration.
CDRC continued to attend and speak at the quarterly meetings of the CLRC where the Commission’s study of mediation confidentiality was discussed.