File #: 19-047    Version: 1
Type: Form Proposal Status: Passed
File created: 1/25/2019 In control: Judicial Council
On agenda: 3/15/2019 Final action: 3/15/2019
Title: Rules and Forms: Civil Practice and Procedure: Adjustments to Dollar Amounts of Exemptions and Civil Penalty (Action Required)
Attachments: 1. 20190315-19-047

Title

Title

Rules and Forms: Civil Practice and Procedure: Adjustments to Dollar Amounts of Exemptions and Civil Penalty (Action Required)

 

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Summary

Summary

Judicial Council staff recommend that the Judicial Council take three actions required by statute to reflect changes in the California Consumer Price Index: (1) adopt Appendix H of the California Rules of Court, which sets out the five-year adjustment to the dollar amount of a civil penalty for an alleged violation of Health and Safety Code section 25249.6, as required by Health and Safety Code

section 25249.7(k)(2)(B)(ii); (2) revise Current Dollar Amounts of Exemptions From Enforcement of Judgments (form EJ-156), which includes the three-year adjustments to the dollar amounts of certain exemptions from judgments required by Code of Civil Procedure sections 703.150(a), (b), (d) and (e); and (3) approve for submission to the Legislature the report on potential adjustments to the dollar amounts of homestead exemptions, as required by Code of Civil Procedure section 703.150(c).

 

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Recommendation

Recommendation

Judicial Council staff recommend that the Judicial Council take the following actions:

 

  1.  Adopt Appendix H of the California Rules of Court, effective April 1, 2019, which contains the revised amount of a civil penalty described in Health and Safety Code section 25249.7(k) adjusted to reflect changes in the Consumer Price Index;

 

  2.  Revise Current Dollar Amounts of Exemptions from Enforcement of Judgments (form EJ-156), effective April 1, 2019, which contains revised figures adjusted to reflect changes in the Consumer Price Index;

 

  3.  Approve, effective March 30, 2019, the report to the Legislature on potential adjustments to the dollar amounts of homestead exemptions from enforcement of civil judgments, in conformance with Code of Civil Procedure section 703.150(c); and

 

  4.  Direct Judicial Council staff to submit the report to the Legislature.