Author: chayward@lewisllewellyn.com

January 1, 2023 will see the introduction of hundreds of new laws in California.  While most will go unnoticed by the vast majority of the public, here are just a handful of new laws which will likely have widespread impact.

Jaywalking rules relaxed: Police officers will be prohibited from stopping or citing people for jaywalking “unless a reasonably careful person would realize there is an immediate danger” of a collision with a vehicle or bicyclist.  In other words, pedestrians will no longer be cited for crossing the street outside of a crosswalk, unless they are in immediate danger of being hit.

Increase to minimum wage: Beginning on January 1, 2023, all California employers, regardless of size, must provide their employees a minimum wage of not less than $15.50 per hour.  Many California cities, including San Francisco, already have ordinances in place that mandate a higher minimum wage.

Abortion rules eased: Nurse practitioners will now be able to perform first-trimester abortions without a doctor’s supervision.  This is one of about a dozen new laws intended to increase abortion access in California, some of which have already taken effect.

Rape kit DNA: Police departments will be prohibited from using the DNA profile of sexual assault survivors in investigations of unrelated crimes.  The new law was proposed after it came to light that the San Francisco Police Department was using DNA from rape kits to identify suspects in unrelated crimes, prompting a national outcry.

Restriction on fur sales: Finally, in a blow to fashionistas, the sale and manufacture of new fur clothing and accessories will be outlawed.  The law passed in 2019, but legislators delayed implementation until 2023 to give retailers time to unload their inventories.  Retailers can still sell secondhand fur clothing or décor and the ban will not apply to faux fur.  The new law does not apply to leather, taxidermied animals, cowhides and the full skin of deer, sheep and goats.

The New Year brings with it some important changes to the Code of Civil Procedure (“CCP”).  On January 1, 2021, California updated the CCP to incorporate two of the Covid-related Emergency Orders.  These changes are welcome updates for lawyers who have long relied on email service and remote depositions to increase case efficiency and reduce client costs.

For cases filed after January 1, 2019, CCP § 1010.6 now requires represented parties to accept eService and to eServe upon request.  Keep in mind that the serving party must confirm the email service address before completing service.

CCP § 1010.6 also clarifies that “electronic filing” is the act of transmission to the court as opposed to approval of the filing.  This clarifies that a party need not wait for a document to be accepted by the court before service is complete—a key distinction given that many clerks’ offices are currently working with skeleton crews.  Section 1010.6 also extends the statute of limitations for filing complaints and cross-complaints where the eFiling was rejected for failure to comply with the rules or pay the applicable fees.

CCP § 2025.310 codifies Emergency Rule 11, which allowed deponents to appear outside the presence of the deposition officer, thus facilitating remote depositions.

Finally, CCP § 599 automatically extends certain cut-off dates when trials are continued.  This includes the exchange of expert witness information, which previously needed to be specifically ordered by the Court if a trial was continued.

The practitioner would be well-advised to acquaint herself or himself with the new rules, which are likely to further streamline litigation by removing unnecessary red tape.