Code of Civil Procedure Section 128.5

Compiled January, 2018

Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill):

Added: 1981, c. 762
•  1984, c. 355 – Added 3rd sentence to (a)
•  1985, c. 296 – Amended 1st sentence of (a), added (b), redesignated former (b) to be (c); and added (d)
•  1990, c. 887 (SB 2766) – Added (d) and redesignated (d) to be (e)
•  1994, c. 1062 (AB 3594) – Added “only if the actions or tactics arise from a complaint filed, or proceeding initiated, on or before December 31, 1994” to end of (b)(1)
•  2014, c. 425 (AB 2494)* – Amended 1st sentence of (a), amended 1st sentence of (b)(1); amended (b)(2), made non-substantive grammatical changes in (c) and (d), and added (e), (f), (h) and (i), and redesignated former (e) to be (g).   *This bill added a second version of 128.5 which would take effect January 1, 2018, but was repealed by the 2017 bill below
•  2017, c. 169 (AB 984) – rewrote the section to read as it does today

Seven bills affected this section.                          

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