Bill Text: CA SB1256 | 2015-2016 | Regular Session | Introduced
Bill Title: Civil law: litigation: The Civility in Litigation Act.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1256 Detail]
Download: California-2015-SB1256-Introduced.html
BILL NUMBER: SB 1256 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Anderson
FEBRUARY 18, 2016
An act to add Section 314 to the Code of Civil Procedure, relating
to civil law.
LEGISLATIVE COUNSEL'S DIGEST
SB 1256, as introduced, Anderson. Civil law: litigation: The
Civility in Litigation Act.
Existing law states the time and procedure for commencement of
civil actions.
This bill would require a person who claims to have been aggrieved
by an alleged unlawful act or practice, to send a letter to the
person or entity he or she alleges to have caused the harm that sets
forth alleged facts in support of the grievance and any other
information necessary to inform the person or entity of the alleged
harm suffered, prior to filing any legal action or pursuing legally
mandated alternative dispute resolution, as specified. The bill would
require the person who claims to have been aggrieved to engage with
that person or entity in good faith efforts to be made whole, if,
during the 30-day period following the date on which the letter was
received there is a response from the person or entity that is
alleged to have engaged in the unlawful act or practice.
The bill would toll the statute of limitations on a claim arising
from the alleged unlawful act or practice for the 30-day period,
including the following period of negotiations, if any. If, after
that 30-day period there is no response, the bill would authorize the
person who claims to have been aggrieved to pursue other efforts to
be made whole, including filing a claim in a court of competent
jurisdiction or alternative dispute resolution. The bill would
require that if the person who claims to have been aggrieved files a
complaint in a court of law, he or she shall describe in the
complaint the good faith efforts he or she made to comply with these
provisions or attach a copy of the letter sent pursuant to this
section and proof of its mailing to the complaint.
The bill would also authorize a court, factfinder, or arbiter, if
it determines that these provisions were not complied with in good
faith, to dismiss a claim that is otherwise authorized, in which case
it would be required to state in writing and with specificity why
the case was dismissed, and whether or not the case is dismissed with
or without prejudice.
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 314 is added to the Code of Civil Procedure,
immediately following Section 313, to read:
314. (a) This section shall be known, and may be cited as, the
Civility in Litigation Act.
(b) Notwithstanding any law, a person who claims to have been
aggrieved by an alleged unlawful act or practice shall, before filing
any legal action or pursuing legally mandated alternative dispute
resolution, including mandatory arbitration, send a letter to the
person or entity he or she alleges to have caused the harm that sets
forth alleged facts in support of the grievance and any other
information necessary to inform the person or entity of the alleged
harm suffered. The letter shall be signed by the person who claims to
have been aggrieved, or his or her representative.
(1) The letter shall be sent by certified mail to the last known
address of the person or entity alleged to have engaged in the
unlawful act or practice.
(2) The letter may, alternatively, be sent to an authorized
representative of the person or entity that is alleged to have
engaged in the unlawful act or practice.
(c) If the person or entity alleged to have engaged in the
unlawful act or practice responds to the person who claims to have
been aggrieved within 30 days after the letter specified in
subdivision (b) is received, or delivery of the letter is attempted,
the person claiming to have been aggrieved shall engage with the
person or entity alleged to have engaged in the unlawful act or
practice in good faith efforts to be made whole.
(d) If the person alleged to have engaged in an unlawful act or
practice fails to respond to the letter within 30 days after the
letter is received, or delivering of the letter is attempted, the
person who claims to have been aggrieved may pursue other efforts to
be made whole, including filing a complaint in a court of competent
jurisdiction or alternative dispute resolution, including mandatory
arbitration if applicable.
(e) The statute of limitations on a claim arising from the alleged
unlawful act or practice subject to this section shall be tolled for
a period of 30 days following the date of mailing as set forth in
subdivision (a), plus any additional period of time during which the
parties engage in negotiations under this section.
(f) If the person who claims to have been aggrieved files a
complaint in a court of law, he or she shall attach to the complaint
a copy of the letter sent pursuant to this section and proof of its
mailing. If the person who claims to have been aggrieved knows that
the letter he or she sent to the person or entity alleged to have
engaged in the unlawful act or practice was not received, he or she
shall disclose that information in the complaint, shall describe the
good faith efforts he or she made to comply with this section, and
shall include any information explaining whether and why the
provisions of this section were not complied with.
(g) If a court, factfinder, or arbiter determines that the
provisions of this subdivision were not complied with in good faith,
that determination may be grounds for dismissing a claim that would
otherwise be authorized. Because of the public policy encouraging
resolution of disputes and a full and fair hearing on those disputes,
if the court or other lawfully authorized factfinder dismisses a
claim under this paragraph, he or she shall state in writing and with
specificity why the case was dismissed and whether the case was
dismissed with prejudice. If the alleged claims by an aggrieved party
are not time barred, including the tolling of the limitation period
as set forth in subdivision (e), the claims should be dismissed
without prejudice to allow the aggrieved party to cure any alleged
defects under this section.
(h) This section does not apply to a claim arising from matters
related to, or violations of, the Family Code, Chapter 7 (commencing
with Section 12960) of Part 2.8 of Division 3 of Title 2 of the
Government Code, the Penal Code, or the Probate Code.
(i) This section does not apply in the case of a true emergency in
which court relief is required immediately under the terms and
conditions required for injunctive relief pursuant to Section 526.
(j) Attempts to comply with this section by a person receiving a
demand shall be construed to be an offer to compromise and shall be
inadmissible as evidence pursuant to Section 1152 of the Evidence
Code. Further, attempts to comply with a demand shall not be
considered an admission of engaging in an unlawful act or practice.
Evidence of compliance or attempts to comply with this section may be
introduced by a defendant solely for the purpose of establishing
good faith or to show compliance with this section.
(k) As used in this section, "authorized representative" means any
person designated in writing by the person or entity alleged to have
engaged in an unlawful act or practice to be his or her
representative, and includes attorneys, representatives of an
insurance company, or any other person who is authorized to resolve
disputes on behalf of the person or entity alleged to have engaged in
an unlawful act or practice with binding authority to resolve a
dispute.
