AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on March 24, 2017, effective July 1, 2017 1 Rule 1.100. Requests for accommodations by persons with disabilities ................... 2 1 Rule 8.104. Time to appeal ........................................................................................ 3 2

Chapter 12. Appeals Under Code of Civil Procedure

Section 1294.4 from an Order 3 Dismissing or Denying a Petition to Compel Arbitration ............................................... 4 4 Rule 8.710. Application ............................................................................................. 4 5 Rule 8.711. Filing and service ................................................................................... 4 6 Rule 8.712. Notice of appeal ...................................................................................... 5 7 Rule 8.713.

Record on appeal .................................................................................... 6 8 Rule 8.714. Superior court clerk duties ..................................................................... 7 9 Rule 8.715. Briefing ................................................................................................... 8 10 Rule 8.716. Oral argument ......................................................................................... 9 11 Rule 8.717. Extensions of time .................................................................................. 9 12 13

2 Rule 1.100. Requests for accommodations by persons with disabilities 1 2 (

a) Definitions 3 4 As used in this rule: 5 6 (1) “Persons with disabilities” means individuals covered by California Civil 7 Code

section 51 et seq.; the Americans With Disabilities Act of 1990 (42 8 U.S.C. §12101 et seq.); or other applicable state and federal laws.

This 9 definition includes persons who have a physical or mental impairment 10 medical condition that limits one or more of the major life activities, have a 11 record of such an impairment a condition, or are regarded as having such an 12 impairment a condition. 13 14 (2) * * * 15 16 (3) “Accommodations” means actions that result in court services, programs, or 17 activities being readily accessible to and usable by persons with disabilities. 18 Accommodations may include making reasonable modifications in policies, 19 practices, and procedures; furnishing, at no charge, to persons with 20 disabilities, auxiliary aids and services, equipment, devices, materials in 21 alternative formats, readers, or certified interpreters for persons with hearing 22 impairments who are deaf or hard-of-hearing; relocating services or programs 23 to accessible facilities; or providing services at alternative sites.

Although not 24 required where other actions are effective in providing access to court 25 services, programs, or activities, alteration of existing facilities by the 26 responsible entity may be an accommodation. 27 28 (Subd (

a) amended effective July 1, 2017; adopted as subd (

b) effective January 1, 1996; 29 previously amended effective January 1, 2006, amended and relettered effective January 1, 30 2007.) 31 32 (b) * * * 33 34 (

c) Process for requesting accommodations 35 36 The process for requesting accommodations is as follows: 37 38 (1) * * * 39 40

(2) Requests for accommodations must include a description of the 41 accommodation sought, along with a statement of the impairment medical 42 condition that necessitates the accommodation. The court, in its discretion, 43

3 may require the applicant to provide additional information about the 1 impairment medical condition. 2 3 (3)–(4) * * * 4 5 (Subd (

c) amended effective July 1, 2017; previously amended effective January 1, 2006, 6 and January 1, 2007.) 7 8 (d)–(h) * * * 9 10 Rule 1.100 amended effective July 1, 2017; adopted as rule 989.3 effective January 1, 1996; 11 previously amended effective January 1, 2006; previously amended and renumbered effective 12 January 1, 2007; previously amended January 1, 2010. 13 14 Rule 8.104. Time to appeal 15 16 (

a) Normal time 17 18

(1) Unless a statute, or rules 8.108, or rule 8.702, or 8.712 provides otherwise, a 19 notice of appeal must be filed on or before the earliest of: 20 21 (A)–(C) * * * 22 23 (2)–(3) * * * 24 25 (Subd (

a) amended effective July 1, 2017, previously amended effective January 1, 2007, 26 January 1, 2010, July 1, 2012, July 1, 2014, and January 1, 2016.) 27 28 (b)–(e) * * * 29 30 Rule 8.104 amended effective July 1, 2017; repealed and adopted as rule 2 effective January 1, 31 2002; previously amended and renumbered as rule 8.104 effective January 1, 2007; previously 32 amended effective January 1, 2005, January 1, 2010, January 1, 2011, July 1, 2011, July 1, 2012, 33 July 1, 2014, January 1, 2016, and January 1, 2017. 34 35 Advisory Committee Comment 36 37 Subdivision (a).

This subdivision establishes the standard time for filing a notice of appeal and 38 identifies rules that establish very limited exceptions to this standard time period for cases 39 involving certain postjudgment motions and cross-appeals (rule 8.108), certain expedited appeals 40 under the California Environmental Quality Act (rule 8.702), and appeals under Code of Civil 41 Procedure

section 1294.4 of an order dismissing or denying a petition to compel arbitration (rule 42 8.712). 43

4 1 Under subdivision (a)(1)(A), a notice of entry of judgment (or a copy of the judgment) must show 2 the date on which the clerk served the document. The proof of service establishes the date that the 3 60-day period under subdivision (a)(1)(

A) begins to run. 4 5 Subdivision (a)(1)(

B) requires that a notice of entry of judgment (or a copy of the judgment) 6 served by or on a party be accompanied by proof of service. The proof of service establishes the 7 date that the 60-day period under subdivision (a)(1)(

B) begins to run. Although the general rule 8 on service (rule 8.25(a)) requires proof of service for all documents served by parties, the 9 requirement is reiterated here because of the serious consequence of a failure to file a timely 10 notice of appeal (see subd. (e)). 11 12 Subdivision (b). * * * 13 14

Chapter 12. Appeals Under Code of Civil Procedure

Section 1294.4 from an Order 15 Dismissing or Denying a Petition to Compel Arbitration 16 17 Title 8, Appellate Rules–Division 1, Rules Relating to the Supreme Court and Courts of 18 Appeal–Chapter 12, Appeals Under Code of Civil Procedure

Section 1294.4 from an 19 Order Dismissing or Denying a Petition to Compel Arbitration adopted effective July 1, 20 2017. 21 22 Rule 8.710. Application 23 24 (

a) Application of the rules in this

chapter 25 26 The rules in this

chapter govern appeals under Code of Civil Procedure

section 27 1294.4 from a superior court order dismissing or denying a petition to compel 28 arbitration. 29 30 (

b) Application of general rules for civil appeals 31 32 Except as otherwise provided by the rules in this chapter, rules 8.100–8.278, 33 relating to civil appeals, apply to appeals under this chapter. 34 35 Rule 8.710 adopted effective July 1, 2017. 36 37 Rule 8.711. Filing and service 38 39 (

a) Method of service 40 41 Except as otherwise provided by law: 42 43

(1) All documents must be served electronically on parties who have consented 1 to electronic service or who are otherwise required by law or court order to 2 accept electronic service. All parties represented by counsel are deemed to 3 have consented to electronic service. All self-represented parties may so 4 consent. 5 6

(2) All documents that the rules in this

chapter require be served on the parties 7 that are not served electronically must be served by personal delivery, 8 express mail, or other means consistent with Code of Civil Procedure 9 sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure 10 delivery of the document to the parties not later than the close of the business 11 day after the document is filed or lodged with the court. 12 13 (

b) Electronic filing 14 15 In accordance with rule 8.71, all parties except self-represented parties are required 16 to file all documents electronically except as otherwise provided by these rules, the 17 local rules of the reviewing court, or court order. Notwithstanding rule 8.71(b), in 18 appeals governed by this chapter, a court may order a self-represented party to file 19 documents electronically. 20 21 (

c) Exemption from extension of time 22 23 The extension of time provided in Code of Civil Procedure

section 1010.6 for 24 service completed by electronic means does not apply to any service in actions 25 governed by these rules. 26 27 Rule 8.711 adopted effective July 1, 2017. 28 29 Rule 8.712. Notice of appeal 30 31 (

a) Contents of notice of appeal 32 33

(1) The notice of appeal must state that the superior court order being appealed is 34 governed by the rules in this chapter. 35 36

(2) Copies of the order being appealed and the order granting preference under 37 Code of Civil Procedure

section 36 must be attached to the notice of appeal. 38 39 (

b) Time to appeal 40 41 The notice of appeal must be served and filed on or before the earlier of: 42 43

(1) Twenty days after the superior court clerk serves on the party filing the notice 1 of appeal a document entitled “Notice of Entry” of the order dismissing or 2 denying a petition to compel arbitration or a filed-endorsed copy of the order, 3 showing the date either was served; or 4 5

(2) Twenty days after the party filing the notice of appeal serves or is served by a 6 party with a document entitled “Notice of Entry” of the order dismissing or 7 denying a petition to compel arbitration or a filed-endorsed copy of the order, 8 accompanied by proof of service. 9 10 (

c) Extending the time to appeal 11 12

(1) Motion to reconsider appealable order 13 14 If any party serves and files a valid motion under subdivision (

a) of Code of 15 Civil Procedure

section 1008 to reconsider the order dismissing or denying a 16 petition to compel arbitration, the time to appeal from that order is extended 17 for all parties until five court days after the superior court clerk or a party 18 serves an order denying the motion or a notice of entry of that order. 19 20

(2) Cross-appeal 21 22 If an appellant timely appeals from the order dismissing or denying a petition 23 to compel arbitration, the time for any other party to appeal from the same 24 order is extended until five court days after the superior court clerk serves 25 notification of the first appeal. 26 27 Rule 8.712 adopted effective July 1, 2017. 28 29 Rule 8.713. Record on appeal 30 31 (

a) Record of written documents 32 33 The record of the written documents from the superior court proceedings must be in 34 the form of a joint appendix or separate appellant’s and respondent’s appendixes 35 under rule 8.124. 36 37 (

b) Record of the oral proceedings 38 39

(1) The appellant must serve and file with its notice of appeal a notice 40 designating the record under rule 8.121 specifying whether the appellant 41 elects to proceed with or without a record of the oral proceedings in the trial 42

7 court. If the appellant elects to proceed with a record of the oral proceedings 1 in the trial court, the notice must designate a reporter’s transcript. 2 3

(2) Within 10 days after the superior court notifies the court reporter to prepare 4 the transcript under rule 8.130(d)(2), the reporter must prepare and certify an 5 original of the transcript and file the original and required number of copies 6 in superior court. 7 8

(3) If the appellant does not present its notice of designation as required under 9 (1) or if any designating party does not submit the required deposit for the 10 reporter’s transcript under rule 8.130(b)(1) or a permissible substitute under 11 rule 8.130(b)(3) with its notice of designation or otherwise fails to timely do 12 another act required to procure the record, the superior court clerk must serve 13 the defaulting party with a notice indicating that the party must do the 14 required act within two court days of service of the clerk’s notice or the 15 reviewing court may impose one of the following sanctions: 16 17 (

A) If the defaulting party is the appellant, the court may dismiss the 18 appeal; or 19 20 (

B) If the defaulting party is the respondent, the court may proceed with the 21 appeal on the record designated by the appellant. 22 23

(4) Within 10 days after the record is filed in the reviewing court, a party that has 24 not purchased its own copy of the record may request the appellant, in 25 writing, to lend it the appellant’s copy of the record at the time that the 26 appellant serves its final opening brief under rule 8.715(b)(2). The borrowing 27 party must return the copy of the record when it serves its brief or the time to 28 file its brief has expired.

The cost of sending the copy of the record to and 29 from the borrowing party shall be treated as a cost on appeal under rule 30 8.891(d)(1)(B). 31 32 Rule 8.713 adopted effective July 1, 2017. 33 34 Rule 8.714. Superior court clerk duties 35 36 Within five court days following the filing of a notice of appeal under this rule, the 37 superior court clerk must: 38 39

(1) Serve the following on each party: 40 41 (

A) Notification of the filing of the notice of appeal; and 42 43

8 (

B) A copy of the register of actions, if any. 1 2

(2) Transmit the following to the reviewing court clerk: 3 4 (

A) A copy of the notice of appeal, with the copies of the order being 5 appealed and the order granting preference under Code of Civil 6 Procedure

section 36 attached; and 7 8 (

B) A copy of the appellant’s notice designating the record. 9 10 Rule 8.714 adopted effective July 1, 2017. 11 12 Rule 8.715. Briefing 13 14 (

a) Time to serve and file briefs 15 16 Unless otherwise ordered by the reviewing court: 17 18

(1) An appellant must serve and file its opening brief within 10 days after the 19 notice of appeal is served and filed; 20 21

(2) A respondent must serve and file its brief within 25 days after the appellant 22 files its opening brief; and 23 24

(3) An appellant must serve and file its reply brief, if any, within 15 days after 25 the respondent files its brief. 26 27 (

b) Contents and form of briefs 28 29

(1) The briefs must comply as nearly as possible with rule 8.204. 30 31

(2) If a designated reporter’s transcript has not been filed at least 5 days before 32 the date by which a brief must be filed, an initial version of the brief may be 33 served and filed in which references to a matter in the reporter’s transcript are 34 not supported by a citation to the volume and page number of the reporter’s 35 transcript where the matter appears.

Within 10 days after the reporter’s 36 transcript is filed, a revised version of the brief must be served and filed in 37 which all references to a matter in the reporter’s transcript must be supported 38 by a citation to the volume and page number of the reporter’s transcript 39 where the matter appears. No other changes to the initial version of the brief 40 are permitted. 41 42

9 (

c) Stipulated extensions of time to file briefs 1 2 If the parties stipulate to extend the time to file a brief under rule 8.212(b), they are 3 deemed to have agreed that such an extension will promote the interests of justice, 4 that the time for resolving the action may be extended beyond 100 days by the 5 number of days by which the parties stipulated to extend the time for filing the 6 brief, and that to that extent, they have waived any objection to noncompliance 7 with the deadlines for completing review stated in Code of Civil Procedure

section 8 1294.4 for the duration of the stipulated extension. 9 10 (

d) Failure to file brief 11 12 If a party fails to timely file an appellant’s opening brief or a respondent’s brief, the 13 reviewing court clerk must serve the party with a notice indicating that if the 14 required brief is not filed within two court days of service of the clerk’s notice, the 15 court may impose one of the following sanctions: 16 17

(1) If the brief is an appellant’s opening brief, the court may dismiss the appeal; 18 19

(2) If the brief is a respondent’s brief, the court may decide the appeal on the 20 record, the opening brief, and any oral argument by the appellant; or 21 22

(3) Any other sanction that the court finds appropriate. 23 24 Rule 8.715 adopted effective July 1, 2017. 25 26 Rule 8.716. Oral argument 27 28 The reviewing court clerk must send a notice of the time and place of oral argument to all 29 parties at least 10 days before the argument date. The presiding justice may shorten the 30 notice period for good cause; in that event, the clerk must immediately notify the parties 31 by telephone or other expeditious method. 32 33 Rule 8.717. Extensions of time 34 35 The Court of Appeal may grant an extension of the time in appeals governed by this 36

chapter only if good cause is shown and the extension will promote the interests of 37 justice. 38 39 Rule 8.716 adopted effective July 1, 2017. 40

4 Appendix B Liability Limits of a Parent or Guardian Having Custody and Control of a Minor for the Torts of a Minor (Civ. Code, § 1714.1) Formula Pursuant to Civil Code

section 1714.1, the joint and several liability limit of a parent or guardian having custody and control of a minor under subdivisions (

a) and (

b) for each tort of the minor shall be computed and adjusted as follows: Adjusted limit = Current CCPI – January 1, 1995, CCPI x January 1, 1995, January 1, 1995, CCPI + 1 limit Definition “CCPI” means the California Consumer Price Index, as established by the California Department of Industrial Relations. July 1, 2017, calculation and adjustment The joint and several liability of a parent or guardian having custody and control of a minor under Civil Code

section 1714.1, subdivision (

a) or (b), effective July 1, 2017, shall not exceed $42,100 for each tort. The calculation is as follows: 255.303 – 151.5 $42,129.21= 151.5 + 1 x $25,000 Under

section 1714.1, subdivision (c), the adjusted limit is rounded to the nearest hundred dollars, so the dollar amount of the adjusted limit is rounded to $42,100.