924A1C5DA69C9E908725882B0070548E Hearing Summary

Senator Gonzales, bill sponsor, explained House Bill 22-1272, concerning the repeal of the provision awarding a defendant attorneyfees in a tort action  when the case is dismissed on a motion of the defendant prior to trial. She discussed Rule 12(b) motions to dismiss and attorneys' fees. 

Committee members inquired about about access to justice, awards for attorneys' fees, grounds for 12(b) motions to dismiss, in addition to other jurisdictional-related questions. 

Senator Gonzales referenced Amendment L. 004 (Attachment B ) about cross and counter claims.

Rachel Bender, representing Colorado Municipal League, testified in opposition to the bill.  She discussed defendants and financial burdens. 

Committee members asked questions about 12(b)(5) motions to dismiss, governmental immunity, and subject-matter jurisdiction.  Discussion ensued about claims and sufficient facts, and the frequency of collection and award fees associated with 12(b)(5) judgements. 

Lonnie and Sandy Phillips, representing self, testified to amend the bill. They discussed Colorado law and the reward of attorneys' fees. 

Committee members asked questions about claims, counsel, and attorneys' fees. 

Kenneth Maestas, representing The Colorado Cross Disability Coalition (CCDC), testified in support of the bill.

Mr. Brad Levin, representing CTLA, testified in support of the bill.

Committee discussion ensued about motion to dismiss practices in other states.  Questions were asked about individual and business litigants and tort claims. 

Ms. Claire Hunter, representing HKM Employment Attorneys, testified in support of the bill. 

Sam Cannon, representing himself - Trial Lawyers, testified in support of the bill.

Committee members asked questions about practices in other states and litigation. 

Senator Gonzales returned to Amendment. L004, referenced earlier in the hearing (Attachment B). 

The bill sponsor and committee members made closing remarks.