|Assm. Alyson Huber|
Developed by the San Diego County Bar Association (CCBA Resolution 13-09-2009), AB 1067 addresses a split of authority as to whether the denial of a motion to reconsider an order pursuant to Code of Civil Procedure §1008 is separately appealable, codifying the majority view that such orders are not appealable and providing additional clarifications. Overall, the bill will eliminate confusion, reduce the number of appeals in this area, and thereby promote judicial economy – all of which is particularly beneficial for the courts during the current fiscal crisis. Because of this, AB 1067 was strongly supported by the Judicial Council.
The author of AB 1067, Assemblymember Huber, is not only one of the dwindling number of attorney members of the Legislature, but is the only sitting lawmaker who has actually been a delegate to the CCBA. AB 1067 is one of two CCBA-sponsored bills carried by Assemblymember Huber. The second, AB 238, is based on a resolution (11-05-2005) that she authored as a Conference delegate.