New California Laws – 2011

Individual laws as reported by The Daily Recorder, Vol. 104, No. 2, January 4, 2011 Daily Journal.

(This is only a selection of laws pertaining to our practice, not all new laws for 2011)

Business and Professions

AB2764: (Committee on Judiciary): Continues the State Bar’s authority to assess and collect dues from licensed attorneys in California, and authorized the Bar to continue to collect active membership dues of up to $410 for the year 2011, maintaining 2009 dues levels.  Business and Professions Code, 6140, 6140.35, 6140.36, 6001.2, 6001.4, 6140.01

SB0055: (Corbett): Requires the State Bar to comply with standards applicable to state agency contracts when awarding a contract for information technology goods, services, or both, only when the contract is for an aggregate amount in excess of $100,000.  It also requires the State Bar to have a preference for using in-house employees for information technology projects.  Business and Professions Code, 6008.6, 6140, 6140.37, 6161.2, 6140.38, Article 10.2 of Chapter 4 of Division 3

SB1155: (Dutton and Price): Amends the Capital Access Company Law, by changing the definition of a small business and adding a definition for a smaller business, exempting Capital Access Companies from the Corporate Securities Law of 1968, exempting businesses from the Capital Access Company Law, if they are approved as Small Business Investment Companies by the federal Small Business Administration, replacing existing law conflict of interest provisions with conflict of interest provisions utilized by the federal Small Business Administration for its licensees, and making related changes, as specified. Corporations Code, 25102, 28047, 28100, 28152, 28154, 28400, 28404, 28047.1, 28111, 28401, 28402, 28403, Article 2 (commencing with Section 28820) of Chapter 12 of Division 3 of Title 4

SB1254: (Leno): Authorizes the registrar of the Contractors State License Board (CSLB) to issue a stop order to any unlicensed or licensed contractor who as an employer has failed to secure workers’ compensation insurance coverage for his/her employees, establishes procedures to request a hearing to protest a stop order, and authorizes the Director of the Department of Consumer Affairs to designate 12 persons as peace officers for assignment to the special investigations unit of CSLB.  Business and Professions Code, 7127; Penal Code 830.3

Family Law/Probate

AB229: (Calderon): Clarifies that when a separate fund payer does not provide the value of the internal income of the separate fund to the trustee and the trustee cannot otherwise determine the value of the separate fund, the internal income of the separate fund is deemed equal the produce of the interest rate and the present value of the expected future payments.  Probate Code, 16361

AB1986: (Silva): Makes several minor clarifications to the statutory will form. Probate Code, 6240

AB2271: (Silva): Expands a court’s ability to protect a trust against loss when an order is on appeal.  It also allows a court to appoint a temporary trustee when an appeal is pending in order to prevent injury or loss to a person or property.  Probate Code, 1310

AB2493: (Fuller): Requires that, upon establishing a conservatorship and each year thereafter, a conservator (someone to act on behalf of a person who is unable to provide for his or her personal needs, or incapable of managing his or her financial resources) shall maintain a photograph of the conservatee for identification purpose.  Probate Code, 2360

AB2674: (Block): Provides that, when a spouse is convicted of soliciting the murder of another spouse, the injured spouse shall be entitled to an award of 100 percent of the community property interest in the retirement and pension benefits, and a prohibition of any awards for spousal support or medical, life, or other insurance benefits or payments from the injured spouse to the convicted spouse.  Family Code, 782.5, 4324.

SB0202: (Harman): Provides that a trustee has the power to terminate a trust if the principal does not exceed $40,000 in value, raised from $20,000.  Also provides that on reasonable request the trustee shall report to the beneficiary information relating to the administration of the trust, and on request of the beneficiary the trustee shall provide the terms of the trust, unless it is during the period when a revocable trust can be revoked, as provided, or if the beneficiary and the trustee are the same person.  Probate Code, 5408, 16061, 16061.5, 16061.7, 16061.8, 16064, 16336.4, 17200, 6060.7, 16068, 16069

SB1038: (Harman): Deletes existing laws exemption providing that an attorney-in-fact is not liable for losses to the principal’s property when the attorney-in-fact in not compensated.  Provides the circumstances under which an attorney-in-fact is chargeable with breaches of duty.  Probate Code, 4231, 4231.5


AB2619: (Block): Authorizes wage garnishments against defendants convicted of elder or dependent adult financial abuse.  Civil Procedure Code, 706.011, 706.023, 706.121, 706.125

SB0105: (Harman): Establishes an express presumption of fraud or undue influence when a donative instrument makes a gift to the person who drafted or transcribed the instrument, and certain other disqualified persons.  Business and Professions Code, 6103.6; Probate Code, 2583, 15642, 16062, 21310, 21355, Part 3.7, Division 11

SB1041: (Harman): Allows evidence at a hearing or trial of a statement made by an unavailable declarant that he/she made or did not make a revocable trust.  Evidence Code, 1260