Invitations to Comment

The Appellate Advisory Committee and the Civil and Small Claims Advisory Committee recommend amending California Rules of Court for the expedited resolution of actions and proceedings brought under the California Environmental Quality Act (CEQA). As mandated by the Legislature, the Judicial Council previously adopted rules and established procedures to implement a statutory scheme for the expedited resolution of actions and proceedings brought under CEQA challenging certain projects that qualified for such streamlined procedures. This proposal amends several rules to implement recent legislation requiring inclusion of specified additional projects and removal of certain other projects for streamlined review. The committees also recommend the amendment of two rules to implement statutory provisions requiring that, for the new category of projects, the council, by rule of court, establish fees to be paid by project applicants to the courts for the additional costs of streamlined CEQA review.

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The Civil and Small Claims Advisory Committee proposes amending California Rules of Court, rule 3.545 and adopting rule 3.546 to modify the procedures courts must follow when terminating coordinated actions and to specify procedures for terminating coordination proceedings. This proposal aims to address procedural concerns first raised by a superior court judge who has managed numerous coordination proceedings.

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The Appellate Advisory Committee and the Civil and Small Claims Advisory Committee recommend amending California Rules of Court for the expedited resolution of actions and proceedings brought under the California Environmental Quality Act (CEQA). As mandated by the Legislature, the Judicial Council previously adopted rules and established procedures to implement a statutory scheme for the expedited resolution of actions and proceedings brought under CEQA challenging certain projects that qualified for such streamlined procedures. This proposal amends several rules to implement recent legislation requiring inclusion of specified additional projects and removal of certain other projects for streamlined review. The committees also recommend the amendment of two rules to implement statutory provisions requiring that, for the new category of projects, the council, by rule of court, establish fees to be paid by project applicants to the courts for the additional costs of streamlined CEQA review.

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The Criminal Law Advisory Committee proposes a new retail crime restraining order to implement Assembly Bill 3209 (Stats. 2024, ch. 169). The order would prohibit defendants convicted of specified offenses from entering the premises of a protected retail establishment for up to two years.

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The Criminal Law Advisory Committee proposes adding two new advisements to the felony plea form in light of recent case law and Proposition 36 (“The Homelessness, Drug Addiction, and Theft Reduction Act”) approved by voters in the General Election on November 5, 2024. The committee also recommends clarifying language about the factual basis for the plea.

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Assembly Bill 1186 (Bonta; Stats. 2024, ch. 805) amended provisions of the Penal Code and the Welfare and Institutions Code regarding restitution liability in criminal and juvenile court, including eliminating joint and several liability for co-offending children in juvenile delinquency cases. The Family and Juvenile Law Advisory Committee proposes revising the restitution order and instructions forms to delete joint and several liability for juvenile co-offenders, address restitution apportionment in juvenile court orders, and clarify the liability of others who may be ordered to pay restitution in criminal and juvenile proceedings. In addition, the committee proposes revisions to allow for use of the order when a child under informal supervision has stipulated to restitution.

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The Probate and Mental Health Advisory Committee proposes revising two forms in response to recent legislation that changed the statutory procedure for claiming succession to real property by raising the maximum value of the property claimed to $750,000 and limiting the application of the procedure to succession to a decedent’s primary residence in California. The proposed form revisions would conform to these changes and make technical and formatting corrections.

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The Probate and Mental Health Advisory Committee proposes amending two rules of court and revising six forms in response to recent legislation. Senate Bill 1106 (Stats. 2024, ch. 455) expands the duty of a conservator or guardian of the person to give notice before the change of residence of a conservatee or ward and requires a conservator to give notice, electronically if possible, of any arrangements they have made for a deceased conservatee’s funeral or similar memorial service. The proposed changes would also update the rules and forms to conform to other amendments to the law, including the statutory authorization of electronic delivery of notices and other papers in specified circumstances, as well as make technical, clarifying, and conforming changes.

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The Probate and Mental Health Advisory Committee proposes amending three rules of court, adopting one form, approving two forms, revising three forms, adopting one standard of judicial administration, and renaming a title in the standards of judicial administration to implement recently enacted Senate Bills 42 (Stats. 2024, ch. 640), 1323 (Stats. 2024, ch. 646), and 1400 (Stats. 2024, ch. 647). The legislation amended both substantive and procedural aspects of the Community Assistance, Recovery, and Empowerment (CARE) Act. In addition, the committee also proposes revisions to certain forms in response to feedback from members of the public regarding the forms’ readability and ease of use.

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The Civil and Small Claims Advisory Committee proposes amending three California Rules of Court, adopting six Judicial Council forms for mandatory use, and approving two information sheets in a new forms series to implement recent legislation creating a new civil retail crime restraining order.

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The Court Executives Advisory Committee (CEAC) and the Information Technology Advisory Committee (ITAC) propose amending one rule and adopting one rule to create a process for adopting and revising technology and data security guidelines for the courts and the Judicial Council. This proposal originated with the Joint Information Security Governance Subcommittee, which reviews and recommends security-related guidelines, policies, and other proposals for action by ITAC and CEAC.

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