Bill Text: CA AB2793 | 2017-2018 | Regular Session | Amended
Bill Title: Asbestos tort claims.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-01 - Re-referred to Com. on JUD. [AB2793 Detail]
Download: California-2017-AB2793-Amended.html
Amended
IN
Assembly
April 30, 2018 |
Amended
IN
Assembly
March 22, 2018 |
Assembly Bill | No. 2793 |
Introduced by Assembly Member Kiley |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 36 of the Code of Civil Procedure is amended to read:36.
(a) A party to a civil action who is over 70 years of age may petition the court for preference, which the court shall grant if the court makes both of the following findings:SEC. 2.
Chapter 6 (commencing with Section 820) is added to Title 10 of Part 2 of the Code of Civil Procedure, to read:CHAPTER 6. Actions Relating to Asbestos Tort Claims
820.
For purposes of this chapter, the following terms are defined as follows:821.
In an asbestos tort action, for a period of four years after entry of judgment, a plaintiff shall provide to all defendants copies of any claims filed against any asbestos trusts not previously provided to the defendant pursuant to subdivision (h) of Section 36.822.
In an asbestos tort action, the court shall retain jurisdiction over the action for four years after entry of judgment to hear motions, order discovery, make determinations regarding reduction of claims pursuant to Section 877 for any sums received by a plaintiff from an asbestos trust or from other defendants, whether received before or after entry of judgment, or to otherwise make determinations or enforce remedies regarding issues related to this chapter.SEC. 3.
Section 877 of the Code of Civil Procedure is amended to read:877.
Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect:No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.