Bill Text: CA AB2777 | 2021-2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sexual assault: statute of limitations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-19 - Chaptered by Secretary of State - Chapter 442, Statutes of 2022. [AB2777 Detail]

Download: California-2021-AB2777-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2777


Introduced by Assembly Member Wicks

February 18, 2022


An act to amend Section 340.16 of the Code of Civil Procedure, relating to civil actions.


LEGISLATIVE COUNSEL'S DIGEST


AB 2777, as introduced, Wicks. Sexual assault: statute of limitations.
Existing law sets the time for commencement of any civil action for recovery of damages suffered as a result of sexual assault, as defined, as the later of within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act of sexual assault against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from those acts.
This bill would revive claims seeking to recover damages suffered as a result of a sexual assault or other inappropriate conduct, communication, or activity of a sexual nature, and any related claims, that would otherwise be barred prior to January 1, 2023, solely because the applicable statute of limitations has or had expired, and would authorize a cause of action to proceed if already pending in court on the effective date of the bill or, if not filed by the effective date of the bill, to be commenced between January 1, 2023, and December 31, 2023. The bill would not revive claims that have been litigated to finality before January 1, 2023, and claims that have been compromised by written settlement agreements entered into before January 1, 2023. The bill would specify the required allegations to state a claim subject to revival under these provisions. The bill would require an attorney representing a plaintiff to file and serve a certificate declaring that the attorney has reviewed and researched the facts of the case, consulted with and received an opinion from a mental health practitioner, and concluded on the basis of this review and consultation that there is a reasonable and meritorious cause for the filing of the action. The bill would provide that a violation of its provisions may constitute unprofessional conduct and may be grounds for discipline against the attorney.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known and may be cited as the Sexual Abuse Cover Up Accountability Act.
Sexual Abuse Cover Up Accountability Act

SEC. 2.

 Section 340.16 of the Code of Civil Procedure is amended to read:

340.16.
 (a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following:
(1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.
(2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.
(b) (1) As used in this section, “sexual assault” means any of the crimes described in Section 243.4, 261, 262, 264.1, 286, 287, or 289, or former Section 288a, of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes.
(2) For the purpose of this section, it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the sexual assault or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication. This subdivision does not limit the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged person who committed the crime.
(3) This section applies to any action described in subdivision (a) that is commenced on or after January 1, 2019.
(c) (1) Notwithstanding any other law, any claim seeking to recover more than two hundred fifty thousand dollars ($250,000) in damages arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician occurring at a student health center between January 1, 1988, and January 1, 2017, that would otherwise be barred before January 1, 2020, solely because the applicable statute of limitations has or had expired, is hereby revived and, a cause of action may proceed if already pending in court on October 2, 2019, or, if not filed by that date, may be commenced between January 1, 2020, and December 31, 2020.
(2) This subdivision does not revive any of the following claims:
(A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2020.
(B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2020.
(C) A claim brought against a public entity.
(3) An attorney representing a claimant seeking to recover under this subdivision shall file a declaration with the court under penalty of perjury stating that the attorney has reviewed the facts of the case and consulted with a mental health practitioner, and that the attorney has concluded on the basis of this review and consultation that it is the attorney’s good faith belief that the claim value is more than two hundred fifty thousand dollars ($250,000). The declaration shall be filed upon filing the complaint, or for those claims already pending, by December 1, 2019.
(d) (1) Notwithstanding any other law, any claim seeking to recover damages arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician while employed by a medical clinic owned and operated by the University of California, Los Angeles, or a physician who held active privileges at a hospital owned and operated by the University of California, Los Angeles, at the time that the sexual assault or other inappropriate contact, communication, or activity of a sexual nature occurred, between January 1, 1983, and January 1, 2019, that would otherwise be barred before January 1, 2021, solely because the applicable statute of limitations has or had expired, is hereby revived, and a cause of action may proceed if already pending in court on January 1, 2021, or, if not filed by that date, may be commenced between January 1, 2021, and December 31, 2021.
(2) This subdivision does not revive either of the following claims:
(A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2021.
(B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2021.
(e) (1) Notwithstanding any other law, any claim seeking to recover damages suffered as a result of a sexual assault or other inappropriate conduct, communication, or activity of a sexual nature that would otherwise be barred before January 1, 2023, solely because the applicable statute of limitations has or had expired, is hereby revived, and a cause of action may proceed if already pending in court on January 1, 2023, or, if not filed by that date, may be commenced between January 1, 2023, and December 31, 2023.
(2) This subdivision revives claims brought by a plaintiff who alleges all of the following:
(A) The plaintiff was sexually assaulted or was subjected to other inappropriate conduct, communication, or activity of a sexual nature.
(B) One or more entities are legally responsible for damages arising out of the sexual assault or other inappropriate conduct, communication, or activity of a sexual nature.
(C) The entity or entities, including, but not limited to, their officers, directors, representatives, employees, or agents, engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault or other inappropriate conduct, communication, or activity of a sexual nature by an alleged perpetrator of such abuse.
(3) Failure to allege a cover up as required by subparagraph (C) of paragraph (2) as to one entity does not affect revival of the plaintiff’s claim or claims against any other entity.
(4) Within 60 days of the date of service of the initial complaint on any defendant or cross-defendant, the attorney for the plaintiff shall file and serve a certificate executed by the attorney declaring all of the following:
(A) That the attorney has reviewed and researched the facts of the case and reasonably believes that the entity or entities engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault or other inappropriate conduct, communication, or activity of a sexual nature by an alleged perpetrator of such abuse.
(B) That the attorney has consulted with and received an opinion from at least one mental health practitioner who is licensed to practice in this state and is not a party to the action, who the attorney reasonably believes is knowledgeable regarding the effects of sexual assault or other inappropriate conduct, communication, or activity of a sexual nature, who is not treating and has not treated the plaintiff, and who has interviewed the plaintiff and has concluded that there is a reasonable basis to believe that the plaintiff had been subjected to a sexual assault or other inappropriate conduct, communication, or activity of a sexual nature by an alleged perpetrator.
(C) That the attorney has concluded on the basis of the attorney’s review of the facts of the case and consultation with the mental health practitioner that there is reasonable and meritorious cause for the filing of the action.
(5) If a certificate is required pursuant to this subdivision, the attorney for the plaintiff shall file only one certificate, notwithstanding that multiple defendants have been named in the complaint or may be named at a later time.
(6) For purposes of this subdivision:
(A) “Cover up” means a deliberate effort to hide or disregard information relating to a sexual assault or other inappropriate conduct, communication, or activity of a sexual nature. Examples of a cover up include, but are not limited to, the following:
(i) Moving an alleged perpetrator to another position at the entity or a subsidiary entity.
(ii) Assisting an alleged perpetrator in gaining employment at another entity following allegations of sexual assault or other inappropriate conduct, communication, or activity of a sexual nature.
(iii) Incentivizing individuals to remain silent or otherwise taking steps to prevent the information from becoming public or being disclosed to the plaintiff, including, but not limited to, use of nondisclosure agreements or confidentiality agreements.
(B) “Entity” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity.
(C) “Legally responsible” means that the entity or entities are liable under any theory of liability established by statute or common law, including, but not limited to, negligence, intentional torts, and vicarious liability.
(7) This subdivision revives any related claims, including, but not limited to, wrongful termination and sexual harassment, arising out of the sexual assault or other inappropriate conduct, communication, or activity of a sexual nature that is the basis for a claim pursuant to this subdivision.
(8) This subdivision does not revive either of the following claims:
(A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2023.
(B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2023.
(9) This subdivision shall not be construed to alter the otherwise applicable burden of proof, as defined in Section 115 of the Evidence Code, that a plaintiff has in a civil action subject to this section.
(10) A violation of this subdivision may constitute unprofessional conduct and may be the grounds for discipline against the attorney.

SEC. 3.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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