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2004 Resolutions


 

Conference of California Bar Associations

2004 Resolutions — Final Actions

Note 10/17/04: The data contained on this page has now been verified.

Number

Title

Final Action

01-01-04

Insurance: Discrimination by Insurance Companies Based on Sexual Orientation

Approved (AP)

01-02-04

Insurance: Discrimination by Insurers Between Civil Marriage and Domestic Partnership

Approved as Amended (AA)

01-03-04

Small Employer Health Insurance: Coverage for Domestic Partners

Withdrawn (W)

01-04-04

Group Health Insurance: Continuation Coverage for Domestic Partners

Approved (AP)

02-01-04

"Kiddie Pool":  Prohibition on Use At Child Day Care Facilities

Withdrawn (W)

02-02-04

Private Solar & Wind Energy Producers:  Mandatory Payment

Approved (AP)

02-03-04

Landlord-Tenant:  Removal of 48-Hour Notice Requirement

Disapproved (D)

02-04-04

Business Goodwill: Method for Valuing Goodwill

Withdrawn (W)

02-05-04

Landlord and Tenant: Waiver of Claim to Security Deposit

Approved (AP)

03-01-04

Habeas Corpus:  Conform Rules of Court to Penal Code

Approved (AP)

03-02-04

Drug Treatment Program:  Eligibility Of Person Arrested for DUI

Approved (AP)

03-03-04

Deferred Entry of Judgment: Arrest for Driving under the Influence

Approved (AP)

03-04-04

Misdemeanor Diversion:  Statewide Application

Approved (AP)

03-05-04

Juror Disqualification: Opposition to Death Penalty

Approved (AP)

03-06-04

Motor Vehicles: Prohibition of Audible Alarms

Withdrawn (W)

03-07-04

Death Penalty: Moratorium

Approved (AP)

03-08-04

Drugs:  Elimination of Disparate Treatment

Approved (AP)

03-09-04

Firearm Restrictions:  Military Personnel Exemptions

Disapproved (D)

03-10-04

Topless Sunbathing at State Beaches

Approved (AP)

03-11-04

Death Penalty: Mental Retardation Hearing

Action Unnecessary (AU)

03-12-04

Law Enforcement Officer Personnel Records: Procedure for Obtaining Complaints

Approved (AP)

03-13-04

Parole Consideration for Minors

Approved (AP)

03-14-04

Motor Vehicles: Use of Cellular Telephones

Disapproved (D)

03-15-04

Tattooing and Body Piercing:  Prohibition on Tattooing or Piercing Minors

Disapproved (D)

04-01-04

Preparation for Trial: Motion To Compel Trial Documents After Objection

Approved as Amended (AA)

04-02-04

Requests for Admissions: Service of Supplemental Requests

Approved (AP)

04-03-04

Discovery:  Designation of Persons Most Knowledgeable

Approved (AP)

04-04-04

Expert Witnesses:  Scope Of Information To Be Produced

Disapproved (D)

04-05-04

Civil Procedure: Subpoenas for Documents in Foreign Actrions

Approved (AP)

04-06-04

Discovery of Consumer and Employee Records: Notice to Consumers and Employees

Withdrawn (W)

04-07-04

Employee Records: Elimination of Notice Requirements at Trial

Disapproved (D)

04-08-04

Consumer Records: Elimination of Notice Requirements at Trial

Disapproved (D)

04-09-04

Discovery:  Sanctions for Failure to Respond to Interrogatories

Approved as Amended (AA)

04-10-04

Discovery:  Sanctions for Failure to Respond to Inspection Demand

Approved (AP)

04-11-04

Discovery:  Sanctions for Failure to Respond to Requests for Admissions

Disapproved (D)

04-12-04

Evidentiary Privileges: Expand Spousal Privilege for Domestic Partners

Approved (AP)

04-13-04

Evidentiary Privileges: Expand Marital Communication Privilege for Domestic Partners

Approved (AP)

05-01-04

Talent Agency Licensing: Attorney Exemption

Disapproved (D)

05-02-04

Unemployment Insurance: Pro Rata Payment for Availability

Approved (AP)

05-03-04

Administrative Procedures Act: Dispositive Motions in Administrative Hearings

Withdrawn (W)

05-04-04

Administrative Hearings:  Issue and Claim Preclusion

Withdrawn (W)

05-05-04

Talent Agency Bond: Increase

Approved (AP)

06-01-04

Collaborative Family Law

Disapproved (D)

06-02-04

Marriage: Authority of Administrative Law Judges to Solemnize Marriages

Approved (AP)

06-03-04

Attorney's fees: Treat attorney's fees of child's attorney as "additional child support"

Approved as Amended (AA)

06-04-04

Actions for Elder Abuse: Attorney Fees for Prevailing Defendant

Disapproved (D)

06-05-04

Family Law: Expansion of Equity Powers

Disapproved (D)

06-06-04

Civil Rights: Marriage Equality

Approved as Amended (AA)

06-07-04

Marriage: Civil Union Defined

Approved (AP)

07-01-04

Corporations:  Telephonic Shareholder Meetings

Approved as Amended (AA)

07-02-04

Consumer Sales:  Service of Process on Designated Agent

Approved (AP)

07-03-04

Financial Privacy:  Capture of Electronic Signatures

Withdrawn (W)

07-04-04

Securities:  Requirement of Customer Signature on Investment Objectives

Approved (AP)

07-05-04

Consumer Contracts: Prohibition of Pre-dispute Arbitration Clauses in Consumer Contracts

Approved (AP)

07-06-04

Corporate Shares: Rights of Shareholders on Redemption

Approved (AP)

07-07-04

Corporations:  Notice of Actions Taken Without Meeting of Shareholders

Disapproved (D)

07-08-04

Commercial Code:  Repeal of Conflicting Statute: Cashing Check Under Protest

Withdrawn (W)

07-09-04

Commercial Real Property:  Annual Reappraisal Requirement

Disapproved (D)

08-01-04

Real Property:  Lis Pendens Recording and Expungement

Approved as Amended (AA)

08-02-04

Levy Upon Deposit Account: Particular Branch or Office Not Required

Approved (AP)

08-03-04

Lis Pendens:  Notice of Withdrawal by Attorney

Approved (AP)

08-04-04

Punitive Damages:  Service of Statement

Approved (AP)

08-05-04

Sanctions:  Not Applicable to Advocacy Before the Court

Approved (AP)

08-06-04

Attachment: Ancillary Remedies for Fiduciary Embezzlement

Withdrawn (W)

08-07-04

Administrative Proceedings:  Award of Fees

Approved (AP)

08-08-04

Judicial Review of Administrative Proceedings: Limitation on Attorneys' Fees

Approved (AP)

08-09-04

Subpoenas: Service On Persons Living In Gated Communities

Approved (AP)

08-10-04

Motion for Good Faith Settlement:  Right to Sever Contractual Indemnity

Disapproved (D)

08-11-04

Substituted Service: Residents of Gated Communities

Withdrawn (W)

08-12-04

Substituted Service: Residents of Gated Communities

Approved (AP)

08-13-04

Memorandum of Costs: Attorneys Fees

Approved (AP)

08-14-04

Small Claims Jurisdiction:  To Include Mechanic's Lien

Disapproved (D)

08-15-04

Service of Summons by Publication: Mandatory Use of Judicial Council Forms

Withdrawn (W)

08-16-04

Completion of Service: Service by Overnight Delivery

Withdrawn (W)

08-17-04

Pleading: Petition to Compel Arbitration in Lieu of Responsive Pleading

Approved (AP)

09-01-04

Temporary Trustees: Rights and Duties

Approved (AP)

09-02-04

Probate: Turnover of Assets by Conservator or Guardian to County Treasurer

Approved (AP)

09-03-04

"Beneficiary Deeds: Recording, Definitions"

Withdrawn (W)

09-04-04

Property of a Settlor: Discovery

Approved (AP)

09-05-04

Conservatees: Withdrawal of Life-Sustaining Treatment

Disapproved (D)

10-01-04

CCBA Procedure: Inclusion on Spreadsheet Showing Association Positions

Approved (AP)

10-02-04

Attorney Fees:  Attorney Liens

Withdrawn (W)

10-03-04

Attorney Revelation of Confidential Information to Protect Client

Withdrawn (W)

10-04-04

Non-lawyers Exempt from Required Registration as Legal Document Preparers: Identification

Approved (AP)
11-01-04 US Constitutional Violations: Investigation of Bush Administration Approved as Amended (AA)

11-02-04

FEHA:  Tolling of Time to File Claim or Action by Minors

Approved (AP)

11-03-04

School District Policies: Rentals for Religious Services

Approved (AP)

11-04-04

Committee of Bar Examiners: Composition

Withdrawn (W)

11-05-04

Unfair Competition:  Limitation on Standing

Withdrawn (W)

11-06-04

Election Law:  Eligibility of Minors to Vote in Primary Elections

Disapproved (D)

11-08-04

Election Law:  Change in Ballot Designations

Withdrawn (W)

11-09-04

Notary Public Commissions: Examinations

Approved (AP)

11-10-04

Scope of Constitutional Rights as Not Applicable to Corporations or Other Business Entities

Disapproved (D)

11-11-04

Establishing Restrictions on Christmas Promotions and Creation of Christmas Police

Disapproved (D)

11-12-04

State Bar Resolution: Support of the Judiciary in the State Court Funding Crisis

Approved (AP)

11-13-04

Prosecution of Action By Private Person On Behalf Of General Public

Disapproved (D)

11-14-04

Unfair Competition: Prosecution of Action by Private Person

Disapproved (D)

12-01-04

Amicus Curiae Applications in Court of Appeal: Contents of Application

Approved as Amended (AA)

12-02-04

Appellate Rules:  Timely Filing of Appellate Brief Sent by Mail or Common Carrier

Withdrawn (W)

12-03-04

Notice of Appeal in Criminal Matters:  Certificate of Probable Cause

Approved (AP)

12-04-04

Criminal Appeal: Form of the Notice

Approved (AP)

12-05-04

Peremptory Judicial Challenges: Right Preserved Where Challenge for Cause Asserted

Approved as Amended (AA)

ELF-01-04

Violations of the Law: Proposal for Investigation of Bush Administration for Violating Convention Against Torture, International Treaties, and Federal Statutes Approved (AP)