Bill Text: CA AB1318 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 1318 (Prior Session Legislation)

Introduced

Bill Title: Civil damages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1318 Detail]

Download: California-2011-AB1318-Introduced.html

BILL NUMBER: AB 1318	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 18, 2011

   An act to add Section 3333.6 to the Civil Code, relating to civil
damages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1318, as introduced, Davis. Civil damages.
   Existing law provides that for the breach of an obligation arising
from contract, the measure of damages is the amount which will
compensate the party aggrieved for all the detriment proximately
caused thereby, or which, in the ordinary course of things, would be
likely to result therefrom, except as specified. Existing law
provides that the measure of damages for a breach of an obligation
not arising from contract is the amount that will compensate for all
the detriment proximately caused.
   This bill would prohibit a person, in any action to recover
damages due to an unlawful strike, from recovering damages resulting
from revenue losses caused by the strike or damages resulting from
expenses incurred by the employer in anticipation of, or in
preparation for, the strike. The bill would define "unlawful strike"
as any strike that has been determined unlawful by a court or the
Public Employment Relations Board.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3333.6 is added to the Civil Code, to read:
   3333.6.  (a) In any action to recover damages due to an unlawful
strike, a person shall not recover either of the following:
   (1) Damages resulting from revenue losses caused by the strike.
   (2) Damages resulting from expenses incurred by the employer in
anticipation of, or in preparation for, the strike.
   (b) For the purposes of this section, "unlawful strike" means any
strike that has been determined unlawful by a court or the Public
Employment Relations Board.