HomeMy WebLinkAboutMINUTES - 04161991 - 1.37 1-037
TO: BOARD OF SUPERVISORS SE ` _ Contra
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FROM: Phil Batchelor, County Administrator
n. Costa
April 8, 1991 +~E .�r County
DATE: srq_cbi N
.LEGISLATION AB 930 (Cannella & Lee)
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt a position in SUPPORT of AB 930 by Assemblyman Cannella and
Assemblywoman Lee which would exempt cities and counties from the
current provisions of law which permit any individual to file no
more than two small claims actions a year which exceed $2500.
BACKGROUND:
The limit on the jurisdiction of small claims court was recently
increased from $2500 to $5000. However, when this was done,
individuals were limited in the number of actions exceeding $2500
which could be filed in a calendar year to no more than two. All
additional actions seeking more than $2500 must be filed in a
regular municipal court action, increasing the demands on
attorney time. In actions such as welfare overpayments,
attorney' s fees cannot be recovered, even if the County otherwise
is the prevailing party.
Assemblyman Cannella and Assemblywoman Lee have introduced AB 930
which, as introduced, would exempt cities and counties from this
limitation.
More than half on the cases on which the Office of Revenue
Collection has sought approval from the Board of Supervisors for
County Counsel to file suit involve amounts of less than $5000.
If AB 930 were enacted, each of these cases where the County is
CONTINUED ON ATTACHMENY:C_SYES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S:
ACTION OF BOARD ON April-16, 1991 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
APR 6 1891
CC: ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Please see Page 2.
BY DEPUTY
M382 (10/88)
seeking $5000 or less could be handled in small claims court,
thus saving attorney time on the part of County Counsel and
reducing the County' s collection costs on these cases.
County Counsel and the Director of the office of Revenue
Collection both recommend that the Board of Supervisors support
AB 930 and this office concurs with that recommendation.
County Administrator
County Counsel
Director, office of Revenue Coll.
Municipal Court Administration
Larry Naake, Executive Director, CSAC
Les Spahnn
SRJ. Jackson, Barish & Assoc.
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