AB 540: Civil actions and attorneys.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law, the State Bar Act, requires the certification of lawyer referral services by the State Bar of California, as specified, and imposes a civil penalty and damages that are recovered in a civil action for a violation of these requirements, as specified. The act excludes certain entities from being considered a lawyer referral service for these purposes.

This bill would additionally exclude from being considered a lawyer referral service an individual attorney or a group of individual attorneys practicing together who are actively representing clients for whom they are personally providing legal services, and, incidental to that active representation, refer a potential client to another attorney under specified circumstances.

(2)Existing law establishes various requirements and deadlines for the filing and service of prescribed motions in civil actions, including a motion for summary judgment and a motion for judgment on the pleadings, as specified. A notice of motion for summary judgment or motion for judgment on the pleadings must be served on all other parties to the action at least 81 days before the time appointed for hearing, except when the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, in which case the required 81-day period of notice must be increased by 2 court days. For prescribed motions other than a motion for summary judgment or a motion for judgment on the pleadings, as specified, existing law requires a notice of such motion to be provided at least 16 court days before the hearing, except when the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, in which case the required 16-day period of notice before the hearing must be increased by 2 calendar days. Existing law authorizes the service of documents in a civil action by electronic means pursuant to rules adopted by the Judicial Council, as specified.

This bill would clarify that service of a notice of motion described above by electronic service is not among the methods of service requiring an increase to the period of notice. The bill would also make conforming changes.

The bill would establish a procedure and timeline to allow a party or non-party in a civil action, upon stipulation, to screen their sensitive medical and personal records for privacy and relevance before the records are provided to a subpoenaing party, as specified.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 18, 2026Chaptered by Secretary of State - Chapter 263, Statutes of 2026.
2. September 18, 2026Approved by the Governor.
3. September 9, 2026Enrolled and presented to the Governor at 1 p.m.
4. August 30, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6897.).
5. August 30, 2026From committee: That the Senate amendments be concurred in. (Ayes 12. Noes 0.) (August 30).
6. August 30, 2026Joint Rule 62(a), file notice suspended. (Page 6844.)
7. August 30, 2026Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
8. August 28, 2026In Assembly. Concurrence in Senate amendments pending.
9. August 28, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
10. August 26, 2026From committee: That the measure be returned to Senate Floor for consideration. (Ayes 9. Noes 0.) (August 26)
11. August 24, 2026From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10 (b). (Ayes 5. Noes 0.) Re-referred to Com. on JUD.
12. August 24, 2026Re-referred to Com. on RLS. pursuant to Senate Rule 29.10 (b).