-- Last revised 2/4/08 --
Calendar of Topics Authorized for Study
The Commission's calendar of topics authorized for study includes the subjects listed below. Each of these topics has been authorized for Commission study by the Legislature. For the current authorizing resolution, see 2007 Cal. Stat. res. ch. 100.
[Note: The calendar of topics lists only those topics selected by the Commission for study and authorized by the Legislature. The Commission also studies topics specifically directed to it by concurrent resolution of the Legislature or by statute. See, e.g., 2005 Cal. Stat. res. ch. 122 (SCR 42) (no contest clause); 2005 Cal. Stat. ch. 422 (AB 12) (beneficiary deed); Code Civ. Proc. § 703.120 (enforcement of judgments). The Commission may also study and recommend revisions to correct technical or minor substantive defects in state statutes without a prior concurrent resolution. Gov't Code § 8298.]
1. Creditors' Remedies
Whether the law should be revised that relates to creditors' remedies, including, but not limited to, attachment, garnishment, execution, repossession of property (including the claim and delivery statute, self-help repossession of property, and the Commercial Code provisions on repossession of property), confession of judgment procedures, default judgment procedures, enforcement of judgments, the right of redemption, procedures under private power of sale in a trust deed or mortgage, possessory and nonpossessory liens, insolvency, and related matters.
2. Probate Code
Whether the California Probate Code should be revised, including, but not limited to, the issue of whether California should adopt, in whole or in part, the Uniform Probate Code, and related matters.
3. Real and Personal Property
Whether the law should be revised that relates to real and personal property including, but not limited to, a marketable title act, covenants, servitudes, conditions, and restrictions on land use or relating to land, powers of termination, escheat of property and the disposition of unclaimed or abandoned property, eminent domain, quiet title actions, abandonment or vacation of public streets and highways, partition, rights and duties attendant upon assignment, subletting, termination, or abandonment of a lease, and related matters.
4. Family Law
Whether the law should be revised that relates to family law, including, but not limited to, community property, the adjudication of child and family civil proceedings, child custody, adoption, guardianship, freedom from parental custody and control, and related matters, including other subjects covered by the Family Code.
5. Offers of Compromise
Whether the law relating to offers of compromise should be revised.
6. Discovery in Civil Cases
Whether the law relating to discovery in civil cases should be revised.
7. Special Assessments for Public Improvements
Whether the acts governing special assessments for public improvement should be simplified and unified.
8. Rights and Disabilities of Minors and Incompetent Persons
Whether the law relating to the rights and disabilities of minors and incompetent persons should be revised.
9. Evidence
Whether the Evidence Code should be revised.
10. Arbitration
Whether the law relating to arbitration, mediation, and other alternative dispute resolution techniques should be revised.
11. Administrative Law
Whether there should be changes to administrative law.
12. Attorney's Fees
Whether the law relating to the payment and the shifting of attorney's fees between litigants should be revised.
13. Uniform Unincorporated Nonprofit Association Act
Whether the Uniform Unincorporated Nonprofit Association Act, or parts of that uniform act, and related provisions should be adopted in California.
14. Trial Court Unification
Recommendations to be reported pertaining to statutory changes that may be necessitated by court unification.
15. Contract Law
Whether the law of contracts should be revised, including the law relating to the effect of electronic communications on the law governing contract formation, the statute of frauds, the parol evidence rule, and related matters.
16. Common Interest Developments
Whether the law governing common interest housing developments should be revised to clarify the law, eliminate unnecessary or obsolete provisions, consolidate existing statutes in one place in the codes, establish a clear, consistent, and unified policy with regard to formation and management of these developments and transaction of real property interests located within them, and to determine to what extent they should be subject to regulation.
17. Legal Malpractice Statutes of Limitation
Whether the statutes of limitation for legal malpractice actions should be revised to recognize equitable tolling or other adjustment for the circumstances of simultaneous litigation, and related matters.
18. Coordination of Public Records Statutes
Whether the law governing disclosure of public records and the law governing protection of privacy in public records should be revised to better coordinate them, including consolidation and clarification of the scope of required disclosure and creation of a single set of disclosure procedures, to provide appropriate enforcement mechanisms, and to ensure that the law governing disclosure of public records adequately treats electronic information, and related matters.
19. Criminal Sentencing
Whether the law governing criminal sentences for enhancements relating to weapons or injuries should be revised to simplify and clarify the law and eliminate unnecessary or obsolete provisions.
20. Subdivision Map Act and Mitigation Fee Act
Whether the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), and the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) of Division 1 of Title 7 of the Government Code) should be revised to improve their organization, resolve inconsistencies, clarify and rationalize provisions, and related matters.