Law Revision Commission

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California Law Revision Commission

The California Law Revision Commission was created in 1953 as the permanent successor to the Code Commission and given responsibility for the continuing substantive review of California statutory and decisional law. The Commission studies the law in order to discover defects and anachronisms and recommends legislation to make needed reforms. (See the Commission’s governing statute.)

The Commission assists the Legislature in keeping the law up to date by:

Intensively studying complex and sometimes controversial subjects
Identifying major policy questions for legislative attention
Gathering the views of interested persons and organizations
Drafting recommended legislation for legislative consideration

The Commission’s efforts enable the Legislature to focus on significant policy questions in a recommendation rather than on the technical issues which can be resolved in the process of preparing background studies, working out intricate legal problems, and drafting implementing legislation. The Commission thus helps the Legislature accomplish needed reforms that otherwise might not be made because of the heavy demands on legislative time. In some cases, the Commission’s report demonstrates that no new legislation on a particular topic is needed, thus relieving the Legislature of the need to study the topic.

Topics Authorized for Study by the Law Revision Commission

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 content of the most recently-enacted version of this resolution, Resolution Chapter 63 of the Statutes of 2014, is 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.

Resolution Chapter 63 of the Statutes of 2014

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. 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.
7. Evidence

Whether the Evidence Code should be revised.
8. Arbitration

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

Whether there should be changes to administrative law.
10. Attorney’s Fees

Whether the law relating to the payment and the shifting of attorney’s fees between litigants should be revised.
11. 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.
12. Trial Court Unification

Recommendations to be reported pertaining to statutory changes that may be necessitated by court unification.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Uniform Statute and Rule Construction Act

Whether the Uniform Statute and Rule Construction Act (1995) should be adopted in California in whole or part, and related matters.
20. Place of Trial in Civil Cases

Whether the law governing the place of trial in a civil case should be revised.
21. Charter School as Public Entity

Analysis of the legal and policy implications of treating a charter school as a public entity for the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.
22. 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.
23. Mediation Confidentiality

(a) Analysis of the relationship under current law between mediation confidentiality and attorney malpractice and other misconduct, and the purposes for, and impact of, those laws on public protection, professional ethics, attorney discipline, client rights, the willingness of parties to participate in voluntary and mandatory mediation, and the effectiveness of mediation, as well as any other issues that the commission deems relevant. Among other matters, the commission shall consider the following:
(1) Sections 703.5, 958, and 1119 of the Evidence Code and predecessor provisions, as well as California court rulings, including, but not limited to, Cassel v. Superior Court (2011) 51 Cal.4th 113, Porter v. Wyner (2010) 183 Cal.App.4th 949, and Wimsatt v. Superior Court (2007) 152 Cal.App.4th 137.

(2) The availability and propriety of contractual waivers.

(3) The law in other jurisdictions, including the Uniform Mediation Act, as it has been adopted in other states, other statutory acts, scholarly commentary, judicial decisions, and any data regarding the impact of differing confidentiality rules on the use of mediation.

(b) In studying this matter, the commission shall request input from experts and interested parties, including, but not limited to, representatives from the California Supreme Court, the State Bar of California, legal malpractice defense counsel, other attorney groups and individuals, mediators, and mediation trade associations. The commission shall make any recommendations that it deems appropriate for the revision of California law to balance the competing public interests between confidentiality and accountability.

California Law Revision Commission Final Reports

Volume 1 (1957)
Maximum Period of Confinement in a County Jail [Pub. #4]
Notice of Application for Attorney’s Fees and Costs in Domestic Relations Actions [Pub. #5]
Taking Instructions to the Jury Room [Pub. #6]
Dead Man Statute [Pub. #7]
Rights of Surviving Spouse in Property Acquired by Decedent While Domiciled Elsewhere [Pub. #8]
Marital “For and Against” Testimonial Privilege [Pub. #9]
Suspension of the Absolute Power of Alienation [Pub. #10]
Elimination of Obsolete Provisions in Penal Code Sections 1377 and 1378 [Pub. #11]
Judicial Notice of the Law of Foreign Countries [Pub. #12]
Choice of Law Governing Survival of Actions [Pub. #13]
Effective Date of an Order Ruling on a Motion for New Trial [Pub. #14)
Retention of Venue for Convenience of Witnesses [Pub. #15]
Bringing New Parties into Civil Actions [Pub. #16]

Volume 2 (1959)

1958 Annual Report [Pub. #17]
1959 Annual Report [Pub. #18]
Presentation of Claims Against Public Entities [Pub. #19]
Right of Nonresident Aliens To Inherit [Pub. #20]
Mortgages to Secure Future Advances [Pub. #21]
Doctrine of Worthier Title [Pub. #22]
Overlapping Provisions of Penal and Vehicle Codes Relating to Taking of Vehicles and Drunk Driving [Pub. #23]
Time Within Which Motion for New Trial May Be Made [Pub. #24]
Notice to Shareholders of Sale of Corporate Assets [Pub. #25]

Volume 3 (1961)

1960 Annual Report [Pub. #26]
1961 Annual Report [Pub. #27]
Evidence in Eminent Domain Proceedings [Pub. #28]
Taking Possession and Passage of Title in Eminent Domain Proceedings [Pub. #29]
Reimbursement for Moving Expenses When Property is Acquired for Public Use [Pub. #30]
Rescission of Contracts [Pub. #31]
Right to Counsel and the Separation of the Delinquent From the Nondelinquent Minor in Juvenile Court Proceedings [Pub. #32]
Survival of Actions [Pub. #33]
Arbitration [Pub. #34]
Presentation of Claims Against Public Officers and Employees [Pub. #35]
Inter Vivos Marital Property Rights in Property Acquired While Domiciled Elsewhere [Pub. #36]
Notice of Alibi in Criminal Actions [Pub. #37]

Volume 4 (1963)

1962 Annual Report [Pub. #38]
1963 Annual Report [Pub. #39]
1964 Annual Report [Pub. #40]
Recommendation and Study Relating to Condemnation Law and Procedure:
Number 4 — Discovery in Eminent Domain Proceedings [The first three pamphlets (unnumbered) in Volume 3 also deal with the subject of condemnation law and procedure.] [Pub. #42]
Recommendations Relating to Sovereign Immunity:
Number 1 — Tort Liability of Public Entities and Public Employees [Pub. #43]
Number 2 — Claims, Actions and Judgments Against Public Entities and Public Employees [Pub. #44]
Number 3 — Insurance Coverage for Public Entities and Public Employees [Pub. #45]
Number 4 — Defense of Public Employees [Pub. #46]
Number 5 — Liability of Public Entities for Ownership and Operation of Motor Vehicles [Pub. #47]
Number 6 — Workmen’s Compensation Benefits for Persons Assisting Law Enforcement or Fire Control Officers [Pub. #48]
Number 7 — Amendments and Repeals of Inconsistent Special Statutes [Pub. #49]
Tentative Recommendation and a Study Relating to The Uniform Rules of Evidence (Article VIII. Hearsay Evidence) [Pub. #41]

Volume 5 (1963)

A Study Relating to Sovereign Immunity [Pub. #50]

Volume 6 (1964)
Tentative Recommendations and Studies Relating to the Uniform Rules of Evidence:
Article I (General Provisions) [Pub. #51]
Article II (Judicial Notice) [Pub. #56]
Burden of Producing Evidence, Burden of Proof, and Presumptions (replacing URE Article III) [Pub. #58]
Article IV (Witnesses) [Pub. #55]
Article V (Privileges) [Pub. #53]
Article VI (Extrinsic Policies Affecting Admissibility) [Pub. #54]
Article VII (Expert and Other Opinion Testimony) [Pub. #57]
Article VIII (Hearsay Evidence) [Pub. #59] [same as publication #41 in Volume 4]
Article IX (Authentication and Content of Writings) [Pub. #52]

Volume 7 (1965) [Hardbound Volume Out of Print]

Recommendation Proposing an Evidence Code [Pub. #60]
Recommendation Relating to Sovereign Immunity:
Number 8 — Revisions of the Governmental Liability Act:
Liability of Public Entities for Ownership and Operation of Motor Vehicles; Claims and Actions Against Public Entities and Public Employees [Pub. #61]
1965 Annual Report [Pub. #62]
1966 Annual Report [Pub. #63]
Evidence Code with Official Comments [Pub. #64]

Volume 8 (1967)

1966 Annual Report (December) [Pub. #65], includes the following recommendation:
Discovery in Eminent Domain Proceedings
Recommendation Relating to the Evidence Code:
Number 1 — Evidence Code Revisions [Pub. #66]
Number 2 — Agricultural Code Revisions [Pub. #67]
Number 3 — Commercial Code Revisions [Pub. #68]
Whether Damages for Personal Injury to a Married Person Should Be Separate or Community Property [Pub. #69]
Vehicle Code Section 17150 and Related Sections [Pub. #70]
Additur [Pub. #71]
Abandonment or Termination of a Lease [Pub. #72]
Good Faith Improver of Land Owned by Another [Pub. #73]
Suit By or Against An Unincorporated Association [Pub. #74]
Recommendation Relating to Escheat [Pub. #75]
Tentative Recommendation and A Study Relating to Condemnation Law and Procedure:
Number 1 — Possession Prior to Final Judgment and Related Problems [Pub. #76]
1967 Annual Report [Pub. #77], includes the following recommendations:
Recovery of Condemnee’s Expenses on Abandonment of an Eminent Domain Proceeding
Improvements Made in Good Faith Upon Land Owned by Another
Damages for Personal Injuries to a Married Person as Separate
or Community Property
Service of Process on Unincorporated Associations

Volume 9 (1969) [Hardbound Volume Out of Print]

1968 Annual Report [Pub. #78], includes the following recommendations:
Sovereign Immunity: Number 9 — Statute of Limitations in Actions Against
Public Entities and Public Employees
Additur and Remittitur
Fictitious Business Names
1969 Annual Report [Pub. #79] [out of print], includes the following recommendations:
Quasi-Community Property
Arbitration of Just Compensation
Evidence Code: Number 5 — Revisions of the Evidence Code
Real Property Leases
Statute of Limitations in Actions Against Public Entities and Public Employees
Recommendation and Study Relating to:
Mutuality of Remedies in Suits for Specific Performance [Pub. #80]
Powers of Appointment [Pub. #81]
Fictitious Business Names [Pub. #84]
Representations as to the Credit of Third Persons and the Statute of Frauds [Pub. #85]
“Vesting” of Interests Under the Rule Against Perpetuities [Pub. #87]
Recommendation Relating to:
Real Property Leases [Pub. #82]
Evidence Code: Number 4 — Revision of the Privileges Article [Pub. #83]
Sovereign Immunity: Number 10 — Revisions of the Governmental Liability Act [Pub. #86]

Volume 10 (1971) [Hardbound Volume Out of Print]

California Inverse Condemnation Law [Pub. #88]
Recommendation and Study Relating to Counterclaims and Cross-Complaints, Joinder of Causes of Action, and Related Provisions [Pub. #89]
Recommendation Relating to Attachment, Garnishment, and Exemptions From Execution: Employees’ Earnings Protection Law [Pub. #90]
1970 Annual Report [Pub. #91], includes the following recommendation:
Inverse Condemnation: Insurance Coverage
1971 Annual Report [Pub. #92], includes the following recommendation:
Attachment, Garnishment, and Exemptions From Execution: Discharge From Employment

Volume 11 (1973)

Civil Arrest [Pub. #93]
Wage Garnishment and Related Matters [Pub. #94]
Claim and Delivery Statute [Pub. #95]
Unclaimed Property [Pub. #96]
Inheritance Rights of Nonresident Aliens [Pub. #97]
Enforcement of Sister State Money Judgments [Pub. #98]
Tentative Recommendation Relating to Prejudgment Attachment [Pub. #99]
Prejudgment Attachment [Pub. #100]
Landlord-Tenant Relations [Pub. #101]
1972 Annual Report [Pub. #102]
1973 Annual Report [Pub. #103], includes the following recommendations:
Evidence Code Section 999 — The “Criminal Conduct” Exception to the Physician-Patient Privilege
Erroneously Ordered Disclosure of Privileged Information
Liquidated Damages [Pub. #104]

Volume 12 (1974)

Tentative Recommendation Relating to Condemnation Law and Procedure: The Eminent Domain Law [Pub. #105]
1994 Annual Report [Pub. #106], includes the following recommendations:
Payment of Judgments Against Local Public Entities
View by Trier of Fact in a Civil Case
Good Cause Exception to the Physician-Patient Privilege
Escheat of Amounts Payable on Travelers Checks, Money Orders and Similar Instruments
Recommendation Relating to Wage Garnishment Exemptions [Pub. #107]
Recommendation Relating to Condemnation Law and Procedure: Conforming Changes in Improvement Acts [Pub. #108]
Tentative Recommendation Relating to Condemnation Law and Procedure: Condemnation Authority of State Agencies [Pub. #109]
Tentative Recommendation Relating to Condemnation Law and Procedure: Conforming Changes in Special District Statutes [Pub. #110]
Recommendation Proposing the Eminent Domain Law [Pub. #111]

Volume 13 (1976)

Selected Legislation Relating to Creditors’ Remedies [Pub. #112]
Recommendation and Study Relating to Oral Modification of Written Contracts [Pub. #113]
Partition of Real and Personal Property [Pub. #114]
Wage Garnishment Procedure [Pub. #115]
Revision of the Attachment Law [Pub. #116]
Undertakings for Costs [Pub. #117]
Eminent Domain Law with Conforming Changes in Codified Sections and Official Comments [Pub. #118]
1975 Annual Report [Pub. #120], includes the following recommendations:
Admissibility of Copies of Business Records in Evidence
Turnover Orders Under the Claim and Delivery Law
Relocation Assistance by Private Condemnors
Condemnation for Byroads and Utility Easements
Transfer of Out-of-State Trusts to California
Admissibility of Duplicates in Evidence
Oral Modification of Contracts
Liquidated Damages
1976 Annual Report [Pub. #119], includes the following recommendations:
Service of Process on Unincorporated Associations
Sister State Money Judgments
Damages in Action for Breach of Lease
Wage Garnishment
Liquidated Damages
Nonprofit Corporation Law [Pub. #121]

Volume 14 (1978)

1977 Annual Report [Pub. #122], includes the following recommendations:
Use of Keepers Pursuant to Writs of Execution
Attachment Law: Effect of Bankruptcy Proceedings; Effect of General Assignments for Benefit of Creditors
Review of Resolution of Necessity by Writ of Mandate
Use of Court Commissioners Under the Attachment Law
Evidence of Market Value of Property
Psychotherapist-Patient Privilege
Parol Evidence Rule
1978 Annual Report [Pub. #123], includes the following recommendations:
Technical Revisions in the Attachment Law includes the following recommendations:
Unlawful Detainer Proceedings
Bond for Levy on Joint Deposit Account or Safe Deposit Box
Definition of “Chose in Action”
Ad Valorem Property Taxes in Eminent Domain Proceedings
Security for Costs
Recommendation Relating to Guardianship-Conservatorship Law [Pub. #124]

Volume 15 (1980) — Part I

Recommendation Relating to Enforcement of Judgments [Pub. #125], includes the following recommendations:
Interest Rate on Judgments
Married Women as Sole Traders
State Tax Liens
Application of Evidence Code Property Valuation Rules in Noncondemnation Cases [Pub. #126]
Uniform Durable Power of Attorney Act [Pub. #127]
Probate Homestead [Pub. #128]
Guardianship-Conservatorship Law with Official Comments [Pub. #129]
1979 Annual Report [Pub. #130], includes the following recommendations:
Effect of New Bankruptcy Law on the Attachment Law
Confessions of Judgment
Special Assessment Liens on Property Taken for Public Use
Assignments for the Benefit of Creditors
Vacation of Public Streets, Highways, and Service Easements
Quiet Title Actions
Agreements for Entry of Paternity and Support Judgments
Enforcement of Claims and Judgments Against Public Entities
Uniform Veterans Guardianship Act
Psychotherapist-Patient Privilege
Enforcement of Obligations After Death

Volume 15 (1980) — Part II

1980 Annual Report [Pub. #131], includes the following recommendation:
Revision of the Guardianship-Conservatorship Law includes the following recommendations:
Appointment of Successor Guardian or Conservator
Support of Conservatee Spouse from Community Property
Appealable Orders
Recommendations Relating to Probate and Estate Planning [Pub. #132], includes:
Non-Probate Transfers
Revision of the Powers of Appointment Statute
Tentative Recommendation Proposing the Enforcement of Judgments Law [Pub. #133]

Volume 16 (1982)

1981 Annual Report [Pub. #134], includes the following recommendation:
Federal Military and Other Federal Pensions as Community Property
Probate Law and Procedure [Pub. #135], includes the following recommendations:
Missing Persons
Nonprobate Transfers
Emancipated Minors
Notice in Limited Conservatorship Proceedings
Disclaimer of Testamentary and Other Interests
Holographic and Nuncupative Wills [Pub. #136]
Marketable Title of Real Property [Pub. #137]
Statutory Bonds and Undertakings [Pub. #138]
Attachment [Pub. #139]
1982 Creditors’ Remedies Legislation [Pub. #140] [out of print], includes the following reports:
Enforcement of Judgments Law
Attachment Law
1982 Annual Report [Pub. #141], includes the following recommendations:
Division of Joint Tenancy and Tenancy in Common Property at Dissolution of Marriage
Creditors’ Remedies includes the following recommendations:
Amount Secured by Attachment
Execution of Writs by Registered Process Servers
Technical Amendments
Dismissal for Lack of Prosecution
Conforming Changes to the Bond and Undertaking Law
Notice of Rejection of Late Claim Against Public Entity
Tentative Recommendation Relating to Wills and Intestate Succession [Pub. #142]

Volume 17 (1984) [Hardbound Volume Out of Print]

Liability of Marital Property for Debts (January 1983) [Pub. #143]
Durable Power of Attorney for Health Care Decisions (March 1983) [Pub. #144]
Family Law (November 1983) [Pub. #145], includes the following recommendations:
Marital Property Presumptions and Transmutations
Disposition of Community Property
Reimbursement of Educational Expenses
Special Appearance in Family Law Proceedings
Liability of Stepparent for Child Support
Awarding Temporary Use of Family Home
Statutes of Limitation for Felonies (January 1984) [Pub. #146]
Probate Law (November 1983) [Pub. #147], includes the following recommendations:
Independent Administration of Decedent’s Estates
Distribution of Estates Without Administration
Execution of Witnessed Wills
Simultaneous Deaths
Notice of Will
Garnishment of Amounts Payable to Trust Beneficiary
Bonds for Personal Representatives
Revision of Wills and Intestate Succession Law
Recording Affidavit of Death
Uniform Transfers to Minors Act (January 1984) [Pub. #148]
Statutory Forms For Durable Powers of Attorney [Pub. #149]
1983 Annual Report [Pub. #150], includes the following recommendations:
Effect of Death of Support Obligor
Dismissal for Lack of Prosecution
Severance of Joint Tenancy
Effect of Quiet Title and Partition Judgments
Dormant Mineral Rights
Creditors’ Remedies includes the following recommendations:
Levy on Joint Deposit Accounts
Issuance of Earnings Withholding Orders by Registered Process Servers
Protection of Declared Homestead After Owner’s Death
Jurisdiction of Condominium Assessment Lien Enforcement
Technical Amendments
Rights Among Cotenants in Possession and Out of Possession of Real Property

Volume 18 (1986)
1985 Annual Report (March) [Pub. #151],includes the following recommendations:
Provision for Support if Support Obligor Dies
Transfer Without Probate of Certain Property Registered by the State
Dividing Jointly Owned Property Upon Marriage Dissolution
1985 Annual Report (December) [Pub. #152], includes the following recommendations:
Protection of Mediation Communications
Recording Severance of Joint Tenancy
Abandoned Easements
Distribution Under a Will or Trust
Effect of Adoption or Out of Wedlock Birth on Rights at Death
Durable Powers of Attorney
Litigation Expenses in Family Law Proceedings
Civil Code Sections 4800.1 and 4800.2
Recommendation Proposing the Trust Law — (December 1985) [Pub. #153]
Recommendations Relating to Probate Law — (December 1985) [Pub. #154], includes the following recommendations:
Disposition of Estates Without Administration
Small Estate Set-Aside
Proration of Estate Taxes
Selected 1986 Trust and Probate Legislation — (September 1986) [Pub. #155]
1986 Annual Report [Pub. #156], includes the following recommendations:
Notice in Guardianship and Conservatorship Proceedings
Preliminary Provisions and Definitions of the Probate Code
Technical Revisions in the Trust Law

Volume 19 (1988)

Recommendations Relating to Probate Law — (January 1987) [Pub. #157], includes the following recommendations:
Supervised Administration of Decedent’s Estate
Independent Administration of Estates Act
Creditor Claims Against Decedent’s Estate
Notice in Probate Proceedings
1987 Annual Report [Pub. #158], includes the following recommendations:
Marital Deduction Gifts
Estates of Missing Persons
Uniform Dormant Mineral Interests Act
Recommendations Relating to Probate Law — (December 1987) [Pub. #159], includes the following recommendations:
Public Guardians and Administrators
Inventory and Appraisal
Opening Estate Administration
Abatement
Accounts
Litigation Involving Decedents
Rules of Procedure in Probate
Distribution and Discharge
Nondomiciliary Decedents
Interest and Income During Administration
1988 Annual Report [Pub. #160], includes the following recommendations:
Creditors’ Remedies:
Revival of Junior Liens Where Execution Sale Set Aside
Time for Setting Sale Aside
Enforcement of Judgment Lien on Transferred Property After Death of Transferor-Debtor

Volume 20 (1990)

Recommendations Relating to Probate Law — (February 1989) [Pub. #161], includes the following recommendations:
No Contest Clauses
120-Hour Survival Requirement
Hiring and Paying Attorneys, Advisors and Others
Compensation of Personal Representative
Multiple-Party Accounts in Financial Institutions
Notice to Creditors in Probate Proceedings
1989 Annual Report [Pub. #162], includes the following recommendations:
Commercial Lease Law: Assignment and Sublease
Trustees’ Fees
Recommendation Relating to Powers of Attorney — (December 1989) [Pub. #163], includes the following recommendations:
Springing Powers of Attorney
Uniform Statutory Form Power of Attorney
Recommendations Relating to Probate Law — (December 1989) [Pub. #164], includes the following recommendations:
Notice to Creditors in Estate Administration
Disposition of Small Estate by Public Administrator
Court-Authorized Medical Treatment
Survival Requirement for Beneficiary of Statutory Will
Execution or Modification of Lease Without Court Order
Limitation Period for Action Against Surety in Guardianship or Conservatorship Proceeding
Repeal of Probate Code Section 6402.5 (In-Law Inheritance)
Access to Decedent’s Safe Deposit Box
Priority of Conservator or Guardian for Appointment as Administrator
Recommendation Proposing the New Probate Code — (December 1989) [Pub. #165]
Revised and Supplemental Comments to the New Probate Code — (September 1990) [Pub. #166]
1990 Annual Report [Pub. #167], includes the following recommendations:
Notice in Probate Where Address Unknown
Jurisdiction of Superior Court in Trust Matters
Uniform Management of Institutional Funds Act
Discovery After Judicial Arbitration
Recommendations Relating to Commercial Real Property Leases — (May 1990) [Pub. #168], includes the following recommendations:
Remedies for Breach of Assignment or Sublease Covenant
Use Restrictions
Recommendation Relating to Uniform Statutory Rule Against Perpetuities — (September 1990) [Pub. #169]
Recommendation Relating to Powers of Attorney — (November 1990) [Pub. #170], includes the following recommendations:
Elimination of Seven-Year Limit for Durable Power of Attorney for Health Care
Recognition of Agent’s Authority Under Statutory Form Power of Attorney
Recommendation Relating to Probate Law — (November 1990) [Pub. #171], includes the following recommendations:
1991 Probate Urgency Clean-Up Bill
Debts That Are Contingent, Disputed, or Not Due
Remedies of Creditor Where Personal Representative Fails to Give Notice
Repeal of Civil Code Section 704 (Passage of Ownership of U.S. Bonds on Death)
Disposition of Small Estate Without Probate
Right of Surviving Spouse to Dispose of Community Property
Litigation Involving Decedents
Compensation in Guardianship and Conservatorship Proceedings
Recognition of Trustees’ Powers
Access to Decedent’s Safe Deposit Box
Gifts in View of Impending Death
TOD Registration of Vehicles and Certain Other State Registered Property

Volume 21 (1991) [Bound with Volume 22]

1991 Annual Report [Pub. #172], includes the following recommendation:
Application of Marketable Title Statute to Executory Interests
Recommendations [Pub. #173], includes the following recommendations:
Relocation of Powers of Appointment Statute
Miscellaneous Creditors’ Remedies Matters
Nonprobate Transfers of Community Property
Notice of Trustees’ Fees
Nonprobate Transfer to Trustee Named in Will
Preliminary Distribution Without Court Supervision
Transfer of Conservatorship Property to Trust
Compensation in Guardianship and Conservatorship Proceedings
Cumulative Tables of Sections Affected by Commission Recommendations [Pub. #174]

Volume 22 (1992) [Bound with Volume 21]

Family Code [Pub. #175]
1992 Annual Report [Pub. #176], includes the following recommendations:
Litigation Involving Decedents (Revised)
Standing to Sue for Wrongful Death
Recognition of Agent’s Authority Under Statutory Form Power of Attorney (Revised)
Special Needs Trust for Disabled Minor or Incompetent Person

Volume 23 (1993)

1994 Family Code with Official Comments [Pub. #177], includes the following report and recommendations:
1994 Family Code
Child Custody
Reorganization of Domestic Violence Provisions
1993 Annual Report [Pub. #178], includes the following recommendations:
Deposit of Estate Planning Documents
Parent and Child Relationship for Intestate Succession
Effect of Joint Tenancy Title on Marital Property
Cumulative Tables of Sections Affected by Commission Recommendations [Pub. #179]

Volume 24 (1994)

Trial Court Unification: Constitutional Revision [Pub. #180]
Comprehensive Power of Attorney Law [Pub. #181]
1995 Power of Attorney Law[Pub. #182]
1994 Annual Report [Pub. #183], includes the following recommendations:
Orders To Show Cause and Temporary Restraining Orders — (January 1994)
Trial Court Unification: Transitional Provisions for SCA 3 — (May 1994)
Cumulative Tables of Sections Affected by Commission Recommendations [Pub. #184]

Volume 25 (1995)

Debtor-Creditor Relations — (November 1994) [Pub. #185], includes the following recommendations:
Attachment Where Claim Is Partially Secured — Report on 1990 Amendments
Exemptions from Enforcement of Money Judgments — Decennial Review
Miscellaneous Debtor-Creditor Matters
Administrative Adjudication by State Agencies [Pub. #186], includes background studies by Prof. Michael Asimow:
Toward a New California Administrative Procedure Act: Adjudication Fundamentals [reprinted from 39 UCLA L. Rev. 1067 (1992)] The Adjudication Process — (October 1991)
Uniform Prudent Investor Act — (November 1994) [Pub. #187] [For the law as enacted, with revised Comments, see the Staff Report.
1995 AnnualReport [Pub. #188], includes the following reports:
Report on the Uniform Prudent Investor Act
Report on Administrative Adjudication
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 25 front matter)

Volume 26 (1996)

1995-96 Recommendations [Pub. #189], includes the following recommendations:
Statute of Limitations in Trust Matters: Probate Code Section 16460 — (November 1995)
Inheritance From or Through Child Born Out of Wedlock
Collecting Small Estate Without Administration
Repeal of Civil Code Section 1464: The First Rule in Spencer’s Case — (November 1995)
Homestead Exemption — (April 1996)
Tolling Statute of Limitations When Defendant Is Out of State
1996-1997 Annual Report [Pub. #190]
Unfair Competition Litigation
[Pub. #191] , includes the Commission’s recommendation and a background study by Prof. Robert C. Fellmeth:
Unfair Competition Litigation (recommendation only) — (November 1996)
Fellmeth, California’s Unfair Competition Act: Conundrums and Confusions — (January 1995)
1996 Recommendations [Pub. #192], includes the following recommendations:
Administrative Adjudication by Quasi-Public Entities — (October 1996)
Marketable Title: Enforcement of Land Use Restrictions — (October 1996)
Attachment by Undersecured Creditors — (November 1996)
Ethical Standards for Administrative Law Judges — (November 1996)
Best Evidence Rule — (November 1996)
Mediation Confidentiality — (January 1997) [Pub. #193]
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 26 front matter)

Volume 27 (1997)

Judicial Review of Agency Action [Pub. #194], includes the Commission’s recommendation and three background studies by Prof. Michael Asimow:
Judicial Review of Agency Action (recommendation only) — (February 1997)
Asimow, Judicial Review: Standing and Timing — (September 1992)
Asimow, The Scope of Judicial Review of Decisions of California Administrative Agencies, reprinted from 42 UCLA L. Rev. 1157 (1995)
Asimow, A Modern Judicial Review Statute To Replace Administrative Mandamus — (November 1993)
Public Utility Deregulation [Pub. #195]
1997-1998 Annual Report [Pub. #196]
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 27 front matter)

Volume 28 (1998)

Business Judgment Rule [Pub. #197], includes Professor Melvin C. Eisenberg’s background study, Whether the Business-Judgment Rule Should Be Codified — (May 1995)
Trial Court Unification: Revision of Codes [Pub. #198]
1998 Recommendations [Pub. #199], includes the following recommendations:
Response to Demand for Production of Documents in Discovery — (March 1998)
Uniform TOD Security Registration Act — (June 1998)
Effect of Dissolution of Marriage on Nonprobate Transfers — (September 1998)
Administrative Rulemaking: Consent Regulations and Other Noncontroversial Regulations — (September 1998)
Administrative Rulemaking: Advisory Interpretations — (September 1998)
1998-1999 Annual Report [Pub. #200]
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 28 front matter)

Volume 29 (1999)

Health Care Decisions for Adults Without Decisionmaking Capacity — (December 1998) [Pub. #201]
Uniform Principal and Income Act [Pub. #202]
Admissibility, Discoverability, and Confidentiality of Settlement Negotiations [Pub. #203]
Environmental Law [Pub. #204], includes the following report and recommendation:
Reorganization of Environmental and Natural Resource Statutes (Report) — (June 1999)
Air Resources Technical Revisions (Recommendation) — (October 1999)
Administrative Rulemaking [Pub. #205]
1999-2000 Annual Report [Pub. #206], includes the following recommendations:
Enforcement of Judgments Under the Family Code: Technical Revisions (October 1999)
Compensation for Loss of Business Goodwill in Eminent Domain: Selected Issues (August 1999)
Eminent Domain Valuation Evidence: Clarification of Evidence Code Section 822 (October 1999)
Alternate Distributee for Unclaimed Distribution (November 1999)
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 29 front matter) [Pub. #207]

Volume 30 (2000)

2000 Health Care Decisions Law and Revised Power of Attorney Law (Special Report) [Pub. #208]
2000-2001 Recommendations [Pub. #209], includes the following recommendations:
Trial Court Unification:
Jurisdictional Classification of Good Faith Improver Claims — (November 1999)
Authority to Appoint Receiver — (February 2001)
Stay of Mechanic’s Lien Enforcement Pending Arbitration
Trout Affidavit — (April 2000 1999)
Expired Pilot Projects — (October 2000)
Law Library Board of Directors — (February 2001)
Unnecessary Procedural Differences Between Limited and Unlimited Civil Cases — (February 2001)
Civil Procedure: Technical Corrections — (February 2001)
Trial Court Unification: Issues Identified for Future Study — (February 2001)
Administrative Rulemaking:
Improving Access to Rulemaking Information — (February 2001)
Administrative Rulemaking Cleanup — (February 2001)
Rulemaking Under Penal Code Section 5058 — (February 2001)
Early Disclosure of Valuation Data and Resolution of Issues in Eminent Domain — (October 2000)
Estate Planning During Marital Dissolution — (October 2000)
Health Care Decisions Law: Miscellaneous Revisions — (March 2001)
2000-2001 Annual Report [Pub. #210]
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 30 front matter)

Volume 31 (2001)

2001-2002 Annual Report [Pub. #211]
2001-2002 Recommendations [Pub. #212], includes the following recommendations:
Evidence of Prejudgment Deposit Appraisal in Eminent Domain — (May 2001)
Debtor-Creditor Law:RefineTechnical Revisions — (May 2001)
Municipal Bankruptcy — (November 2001)
Rules of Construction for Trusts and Other Instruments — (November 2001)
Cases in Which Court Reporter Is Required — (November 2001)
Electronic Communications and Evidentiary Privileges — (February 2002)
Administrative Rulemaking Refinements — (February 2002)
Mechanic’s Liens:
The Double Liability Problem in Home Improvement Contracts — (February 2002)
Stay of Mechanic’s Lien Enforcement Pending Arbitration — (Revised, March 2002)
Mechanic’s Lien Law Reform — (February 2001)
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 31 front matter)

Volume 32 (2002)

Statutes Made Obsolete by Trial Court Restructuring: Part 1 [Pub. #213]
2002-2003 Annual Report [Pub. #214]
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 32 front matter)

Volume 33 (2003)

2002-2003 Recommendations [Pub. #215], includes the following recommendations:
Organization of Davis-Stirling Common Interest Development Act
Common Interest Development Law: Procedural Fairness in Association Rulemaking and Decisionmaking
Exemptions from Enforcement of Money Judgments: Second Decennial Review
Probate Code Technical Corrections
Statutes Made Obsolete by Trial Court Restructuring: Part 2
Obsolete Reporting Requirements [Pub. #216]
2003-2004 Annual Report [Pub. #217]
2003-2004 Recommendations [Pub. #218], will include the following recommendations:
Authority of Court Commissioners
Alternative Dispute Resolution in Common Interest Developments
Unincorporated Associations
Civil Discovery: Nonsubstantive Reform [Pub. #219]
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 33 front matter)

Volume 34 (2004)

2004-2005 Annual Report [Pub. #220]
2004-2005 Recommendations [Pub. #221], includes the following recommendations:
Common Interest Development Law
Common Interest Development Law: Architectural Review and Decisionmaking (February 2004)
Preemption of CID Architectural Restrictions — (November 2004)
Obsolete Cross-References to Former Code of Civil Procedure Section 383 — (November 2004)
Civil Discovery
Civil Discovery: Statutory Clarification and Minor Substantive Improvements — (June 2004)
Civil Discovery: Correction of Obsolete Cross-References — (September 2004)
Ownership of Amounts Withdrawn from Joint Account — (June 2004)
Emergency Rulemaking Under the Administrative Procedure Act — (June 2004)
Unincorporated Associations
Unincorporated Association Governance — (September 2004)
Nonprofit Association Tort Liability — (November 2004)
Waiver of Privilege by Disclosure — (November 2004)
Financial Privacy [Pub. #222]
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 34 front matter)

Volume 35 (2005)

2005-2006 Annual Report [Pub. #223]
2005-2006 Recommendations [Pub. #224], includes the following recommendations:
CID Ombudsperson Pilot Project — (March 2005)
Enforcement of Judgments Under the Family Code — (November 2005)
Oral Argument in Civil Procedure — (June 2006)
Technical and Minor Substantive Statutory Corrections — (August 2006)
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 35 front matter)

Volume 36 (2006)

2006-2007 Annual Report [Pub. #225]
Revocable Transfer on Death (TOD) Deed [Pub. #226]
2006-2007 Recommendations [Pub. #227], includes the following recommendations:
Time Limits for Discovery in an Unlawful Detainer Case — (October 2006)
Statutes Made Obsolete by Trial Court Restructuring: Part 3 — (December 2006)
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 36 front matter)

Volume 37 (2007)

2007-2008 Annual Report [Pub. #228]
2007-2008 Recommendations [Pub. #229], includes the following recommendations:
Deposition In Out-of-State Litigation — (December 2007)
Trial Court Restructuring
Appellate Jurisdiction of Bail Forfeiture — (December 2007)
Statutes Made Obsolete by Trial Court Restructuring: Part 4 — (December 2007)
Transfer of Case Based on Lack of Jurisdiction — (December 2007)
Technical and Minor Substantive Statutory Corrections: References to Recording Technology — (December 2007)
Revision of No Contest Clause Statute — (January 2008)
Miscellaneous Hearsay Exceptions:
Present Sense Impression — (February 2008)
Forfeiture by Wrongdoing — (February 2008)
Mechanics Liens [Pub. #230] — (February 2008)
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 37 front matter)

Volume 38 (2008)

2008-2009 Annual Report [Pub. #231]
2008-2009 Recommendations [Pub. #232], includes the following recommendations:
Donative Transfer Restrictions — (October 2008)
Attorney-Client Privilege After Client’s Death — (February 2009)
Revision of No Contest Clause Statute: Conforming Revisions — (February 2009)
Nonsubstantive Reorganization of Deadly Weapon Statutes — (June 2009) [Pub. #233]
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 38 front matter)

Volume 39 (2009) [Pub. #234] [Hardbound Volume Out of Print]

2009-2010 Annual Report
Marketable Record Title: Notice of Option — (October 2009)
Statutes Made Obsolete by Trial Court Restructuring: Part 5 — (December 2009)
Trial Court Restructuring: Rights and Responsibilities of the County as Compared to the Superior Court (Part 1) — (December 2010)
Obsolete Cross-References to Former Code of Civil Procedure Section 116.780(d) — (December 2010)
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 39 front matter)

Volume 40 (2010) – [Pub. #235]

2010-2011 Annual Report
Statutory Clarification and Simplification of CID Law — (February 2011)
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 40 front matter)

Volume 41 (2011) – [Pub. #236]

2011-2012 Annual Report
Mechanics Lien Law: Clean-Up Legislation — (February 2011)
Nonsubstantive Reorganization of Deadly Weapon Statutes: Clean-Up Legislation — (February 2011)
Trial Court Restructuring: Appellate Jurisdiction of Bail Forfeiture (Revised) — (April 2011)
Trial Court Restructuring: Writ Jurisdiction in a Small Claims Case — (August 2011)
Statutory Cross-References to “Tort Claims Act” — (June 2011)
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 41 front matter)
Volume 42 (2012) – [Pub. #237]

Commercial and Industrial Common Interest Developments — (August 2012)
Charter Schools and the Government Claims Act — (August 2012)
Third Decennial Review of Exemptions from Enforcement of Money Judgments — (December 2012)
Statutory Clarification and Simplification of CID Law: Clean-Up Legislation — (December 2012)
2012-2013 Annual Report
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 42 front matter)
Volume 43 (2013) – [Pub. #238]

Commercial and Industrial Subdivisions — (June 2013)
Statutory Clarification and Simplification of CID Law: Further Clean-up Legislation — (August 2013)
Technical and Minor Substantive Statutory Corrections — (December 2013)
Deadly Weapons: Minor Clean-Up Issues — (December 2013)
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act — (December 2013)
2013-2014 Annual Report
Cumulative Tables of Sections Affected by Commission Recommendations (including Bound Volume 43 front matter)

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