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CA SB924

Bill

Status

Vetoed

9/30/2014

Primary Sponsor

Jim Beall

Click for details

Origin

Senate

2013-2014 Session

AI Summary

  • Establishes two separate statutes of limitations for childhood sexual abuse lawsuits: 8 years after reaching age 18 (or 3 years after discovering injury was caused by abuse) for abuse occurring before January 1, 2015, and 22 years after reaching age 18 (or 3 years after discovering injury) for abuse occurring on or after January 1, 2015.

  • Extends age cutoffs for filing lawsuits against institutions: actions against third parties must be filed by age 26 for pre-2015 abuse, or by age 40 for abuse occurring on or after January 1, 2015, unless the defendant knew of prior sexual misconduct and failed to implement safeguards.

  • Requires plaintiffs age 26 or older (age 40 or older for post-2015 abuse) to file certificates of merit signed by their attorney and a licensed mental health practitioner attesting to reasonable cause for the lawsuit before defendants can be served.

  • Allows plaintiffs to file complaints using "Doe" designations for defendants until corroborative facts are presented to the court, with amended complaints substituting actual names only after judicial approval.

  • Exempts claims under Code of Civil Procedure Sections 340.1 and 340.105 for childhood sexual abuse damages from the Government Claims Act procedures when arising from conduct on or after January 1, 2009.

Legislative Description

Damages: childhood sexual abuse: statute of limitations.

Last Action

In Senate. Consideration of Governor's veto pending.

9/30/2014

Committee Referrals

Appropriations6/17/2014
Judiciary6/5/2014
Appropriations5/12/2014
Judiciary2/6/2014
Rules1/29/2014

Full Bill Text

No bill text available