summary
Introduced
01/24/2013
01/24/2013
In Committee
08/21/2013
08/21/2013
Crossed Over
05/29/2013
05/29/2013
Passed
09/06/2013
09/06/2013
Dead
Vetoed
10/12/2013
10/12/2013
Introduced Session
2013-2014 Regular Session
Bill Summary
An act to amend Section 340.1 of the Code of Civil Procedure, relating to damages.
AI Summary
This bill amends Section 340.1 of the Code of Civil Procedure to extend the statute of limitations for civil lawsuits related to childhood sexual abuse, allowing victims more time to seek damages. Specifically, it provides an eight-year window from the age of majority or three years from when a victim reasonably discovers their psychological injury was caused by the abuse, whichever is later, to file a claim against perpetrators or entities that owed a duty of care and were negligent or intentionally caused the abuse. The bill also clarifies that these extended time limits apply retroactively to claims not yet finalized, reviving some previously time-barred cases, with specific exceptions for claims already settled or litigated to finality. Furthermore, it introduces requirements for plaintiffs over 26 years old to file "certificates of merit" from their attorney and a mental health practitioner to demonstrate a reasonable basis for the lawsuit, and outlines a process for identifying defendants initially named as "Doe" to ensure corroborative evidence before their names are revealed.
Committee Categories
Budget and Finance, Justice
Sponsors (3)
Last Action
Consideration of Governor's veto stricken from file. (on 02/27/2014)
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