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California Law Revision Commission

-- Last revised 11/3/21 --

Topics Authorized for Study
Government Code Section 8293 provides for the enactment of a concurrent resolution, at least once per two-year legislative session, setting out a calendar of topics that are authorized for study by the Law Revision Commission. The topics authorized by the most recently-enacted version of this resolution, Resolution Chapter 108 of the Statutes of 2021, are set out on the page below.

In addition to the authority granted in that resolution, the Commission may also study any topic referred to it by a separate resolution or statute.

For example, Resolution Chapter 115 of the Statutes of 2013 requires the Commission to study state and local agency access to customer records of communication service providers.

The Commission also has general authority to "recommend revisions to correct technical or minor substantive defects in the statutes of the state without a prior concurrent resolution of the Legislature referring the matter to it for study." See Government Code Section 8298.

Topics Authorized by Resolution Chapter 108 of the Statutes of 2021

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 on 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. Discovery in Civil Cases

Whether the law relating to discovery in civil cases should be revised.

6. Evidence

Whether the Evidence Code should be revised.

7. Alternative Dispute Resolution

Whether the law relating to arbitration, mediation, and other alternative dispute resolution techniques should be revised.

8. Administrative Law

Whether there should be changes to administrative law.

9. Trial Court Unification

Recommendations to be reported pertaining to statutory changes that may be necessitated by court unification.

10. 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.

11. Place of Trial in Civil Cases

Whether the law governing the place of trial in a civil case should be revised.

12. Fish and Game Code

Whether the Fish and Game Code and related statutory law should be revised to improve its organization, clarify its meaning, resolve inconsistencies, eliminate unnecessary or obsolete provisions, standardize terminology, clarify program authority and funding sources, and make other minor improvements, without making any significant substantive change to the effect of the law.

13. Toxic Substances

The Legislature authorizes and requests that the California Law Revision Commission study, report on, and prepare recommended legislation to revise Chapter 6.5 (commencing with Section 25100) and Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code, and related provisions, to improve the organization and expression of the law. Such revisions may include, but are not limited to, grouping similar provisions together, reducing the length and complexity of sections, eliminating obsolete or redundant provisions, and correcting technical errors. The recommended revisions shall not make any substantive changes to the law. The commission’s report shall also include a list of substantive issues that the commission identifies in the course of its work, for possible future study.

14. Emergencies

Whether the law should be revised to provide special rules that would apply to an area affected by a state of disaster or emergency declared by the federal government, a state of emergency proclaimed by the Governor under Section 8625 of the Government Code, or a local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code. Before beginning a study under this authority, the commission shall provide notice to legislative leadership and any legislative policy committee with jurisdiction over the proposed study topic and shall consider any formal or informal feedback received in response to the notice.