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CA SB1256

Bill

Status

Failed

11/30/2016

Primary Sponsor

Joel Anderson

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Requires claimants to send a demand letter via certified mail to the alleged wrongdoer before filing a lawsuit or pursuing mandatory alternative dispute resolution, setting forth facts supporting the grievance and alleged harm suffered

  • Tolls the statute of limitations for 30 days following the mailing date, plus any additional negotiation period if the defendant responds within 30 days and the parties engage in good faith settlement efforts

  • Mandates that complaints filed in court must attach a copy of the demand letter and proof of mailing, or disclose why the letter was not received and describe good faith compliance efforts

  • Allows courts, factfinders, or arbiters to dismiss claims if provisions are not complied with in good faith, requiring written explanation of dismissal and whether it is with or without prejudice

  • Exempts claims involving the Family Code, Government Code Chapter 7, Penal Code, Probate Code, and emergency injunctive relief situations; protects demand letter communications from admission as evidence under Evidence Code Section 1152

Legislative Description

Civil law: litigation: The Civility in Litigation Act.

Last Action

From committee without further action.

11/30/2016

Committee Referrals

Judiciary3/3/2016
Rules2/18/2016

Full Bill Text

No bill text available