Legislation

Consumer Attorneys of California is the first line of defense in the state Capitol and at the ballot box to protect consumer legal rights. Each year bills are introduced by big tobacco, insurance, HMO and other corporations to restrict or eliminate your legal rights. CAOC is there to fight such "tort reform" measures to ensure that every Californian has access to the courts. We also sponsor legislation to protect consumer legal rights and work through the state budgetary process to ensure adequate funding of California's civil justice system.

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2026 Legislation

•    AB 2305 (Kalra) – Prohibition Against Corporate Influence in the Practice of Law

When you hire a lawyer, the person making decisions about your case should be your lawyer – not a private equity investor looking for profit. AB 2305 prohibits private equity firms, hedge funds, and other corporate investors from directing or influencing the practice of law. The bill ensures that decisions about litigation – including case strategy, resolution, and representation – remain solely in the hands of licensed attorneys and their clients. AB 2305 closes emerging loopholes and protects the independence of the legal profession and the integrity of the justice system.

Fact Sheet
Sponsor Letter

•    AB 2039 (Zbur) – Protecting Consumers and Strengthening Legal Ethics in California

AB 2039 is a critical measure that strengthens consumer protection and reinforces ethical accountability within California’s legal profession.

Fact Sheet
Sponsor Letter

•    Current Issue: Government Accountability

Local governments have a fundamental duty to protect the health, safety, and rights of the communities they serve. That responsibility requires investing in strong safety standards and risk-prevention measures – even in the face of budgetary pressures. Shifting liability away from government entities undermines accountability, discourages responsible behavior, and exposes the public to preventable harm.

Attorney Accountability: Consumer Attorneys of California is committed to upholding integrity in the legal profession and opposing unlawful or unethical conduct. When bad actors exploit or defy the law, CAOC acts swiftly to protect consumers and the public. In 2025, CAOC-sponsored legislation to strengthen oversight and accountability across the legal system. Recent reforms curb misleading attorney advertising, crack down on illegal practices, and establish clear rules for litigation funding to prevent improper influence and fee-sharing. Together, these efforts reinforce public trust, protect Californians, and ensure the justice system serves people—not powerful corporations or unethical interests. .

Protecting Legal Rights Is Non-Negotiable: Fiscal uncertainty and the threat of litigation must never be used as excuses to weaken long-standing legal protections. Survivors of abuse, physical injury, or psychological harm deserve a clear and fair path to justice – without arbitrary limits that deny accountability or meaningful recovery. Policies like damage caps and fee caps do not solve budget challenges; they shift the burden onto victims and erode the civil justice system. That’s why advocates and allies are united in opposing harmful tort reform and standing firm for the rights of those harmed.

Fact Sheet
Coalition Letter

•    Current Issue: Fire Legislation 2026

Fact Sheet  

2025 Legislation

•    SB 29 (Laird) – Ensuring Justice for All Californians in Survival Actions: Sunset Elimination

SB 29 extends the sunset on SB 447 (Laird-2021) to ensure California families continue to have accountability for human suffering when their loved ones die while seeking justice in court. Current law enacted by SB 447 allows the family of injured individuals to recover for pain and suffering when their loved one dies. Before SB 447, damages for pain, suffering, or disfigurement died with the victim, giving wrongdoers an enormous financial incentive to delay case resolution by any means possible, knowing that a plaintiff's death would wipe out any pain and suffering damages. SB 447 is set to sunset on January 1, 2026, meaning previous restrictions would return unless further legislative action is taken.

Fact Sheet
More Information
Sponsor Letter
Coalition Support Letter
 Victim Fact Sheet 

•    SB 82 (Umberg) – Infinite Arbitration Clauses
SIGNED 10-6-25

CAOC is joining with Consumer Federation of California and Consumer Watchdog to co-sponsor SB 82 to stop infinite pre-dispute binding arbitration clauses. Corporations are attempting to improperly extend their arbitration clauses to entities with which an injured consumer has no direct relationship. For example, a woman died at Disney due to anaphylactic shock after repeatedly asking about her allergy and the food. Her husband brought a wrongful death case against Disney. Disney then attempted to force him out of court and into private binding arbitration because of a Disney+ trial he signed up for 5 years prior. The case highlights the troubling misuse of arbitration clauses. SB 82 will prevent this practice.

Fact Sheet

•    AB 251 (Kalra) – Justice for Elder Abuse Victims: Spoliation of Evidence
SIGNED 10-7-25

AB 251 will allow access to justice for elderly and dependent adults physically abused and neglected in nursing homes and will discourage facilities from intentionally destroying or concealing legal evidence concerning a civil case under the Elder Abuse & Dependent Adult Civil Protection Act.

Fact Sheet

•    SB 37 (Umberg) – Protecting Consumer Rights and Public Trust in Attorney Advertising
SIGNED 10-11-25

SB 37 updates and strengthens California’s attorney advertising ethics rules and enacts an additional enforcement arm to current advertising rules. Authorizing citizen lawsuits against unethical attorney advertising is a necessary step to protect consumers, supplement state regulatory efforts, deter misconduct, and foster a fair legal marketplace.

Fact Sheet

•    AB 931 (Kalra) – Protecting Consumers in Litigation Financing
SIGNED 10-10-25

AB 931 seeks to regulate litigation financing companies that provide cash advances to plaintiffs awaiting case resolution. These advances, often a lifeline for injured people, come with high risks and little oversight, leaving vulnerable plaintiffs exposed to excessive interest rates and confusing contract terms.

Fact Sheet

2024 Legislation

•    AB 2773 (Kalra) – Protecting Seniors Abused by Nursing Homes and Assisted Living Facilities
VETOED BY GOV. NEWSOM 9-29-24 (Veto Message)

AB 2773 will protect seniors abused in nursing homes and discourage facilities from intentionally destroying legal evidence in violation of the law. Normally, to show elder abuse, the victim must show “reckless neglect” by clear and convincing evidence. However, to deprive victims of exactly that evidence, some defendant nursing homes intentionally destroy that very evidence. AB 2773 will address this narrow issue by stating that when a judge has found that a nursing home has intentionally destroyed legal evidence, the victim’s burden of proving the case is by a preponderance-of-evidence standard, and not the higher clear-and-convincing standard. AB 2773 gives seniors and their families a chance at justice after a nursing home or RCFE unscrupulously destroys evidence when elder abuse has occurred.

Fact Sheet
Bill Language

•    SB 278 (Dodd) – Holding Banks Accountable for Assisting Financial Scams Against Elder Californians
VETOED BY GOV. NEWSOM 9-28-24 (Veto Message)

Financial scams against elders are on the rise in California; and too often banks turn a blind eye while scammers rob older Californians of their life savings. Often called the "crime of the 21st Century," financial scams against elders are an epidemic, with estimates of annual economic losses of $3 billion dollars. As mandated reporters, banks, credit unions, and other financial institutions are uniquely positioned to detect when a customer might be the victim of a scam or other financial abuse – and take action to protect elders from the devastating loss of their life savings. Unfortunately, the language of California’s current financial elder abuse statute (Welfare & Institutions Code § 15610.30) is unclear. As a result, recent court rulings are in conflict with the law and have set an impossible standard of proof required to hold banks accountable for assisting scammers. By adding a simple clarification to existing law – SB 278 will assure justice for the countless elderly victims of financial scams whose bank should have protected them.

Fact Sheet
Victim Stories
Sponsor Letter
Bill Language
SB 278 In the News

•    SB 1386 (Caballero) – Protect Rape Survivors: Clarifying the Civil Rape Shield Law
SIGNED 9-29-24

SB 1386 would clarify that evidence of a victim’s unrelated sexual assault or sexual history may not be brought in to impeach their testimony as to consent or damages. This clarifying change will protect survivors from being further victimized when seeking justice, consistent with the intent of California’s long-standing civil rape shield laws. Co-sponsored by CAOC and Equal Rights Advocates.

Fact Sheet
Bill Language

•    AB 3061 (Haney) – Data for Testing and Deployment of Autonomous Vehicles
VETOED BY GOV. NEWSOM 9-27-24 (Veto Message)

CAOC is co-sponsoring AB 3061 with the Consumer Federation of California and the California Teamsters Public Affairs Council to enact a statutory minimum for data collection regarding the testing and deployment of autonomous vehicles in California. Driverless vehicles have made headlines for injuring pedestrians, shutting down and blocking intersections, causing gridlock and obstructing emergency vehicles. There is a public interest in the highest level of transparency as the state determines the level and extent of the deployment of autonomous vehicles. Thus, a statutory minimum is essential to ensure that the need is met with public transparency and safety.

Fact Sheet
Bill Language

•    AB 1846 (Bauer-Kahn) – Protects Victims of Sexual Assault (Priority Support)
HELD IN COMMITTEE 8-15-24

AB 1846 protects victims of sexual assault by requiring that California court judges have victim informed training. Currently, there is no mandated training for judges about the best practices when interfacing with alleged victims of sexual assault. AB 1846 directs Judicial Council to create training for judges on sexual assault with an emphasis on appropriate treatment and trauma.

Fact Sheet
Support Letter
Bill Language

•    SB 949 (Blakespear) – Lactation Accommodation (Priority Support)
SIGNED 7-18-24

SB 949 (Blakespear) would require state superior courts to create a confidential process for allowing breaks in a court proceeding for a person to use a lactation room, starting July 1, 2026.

Author's Fact Sheet
Bill Language

•    AB 2288 (Kalra) – Allowing Injunctive Relief for Workers with Labor Violations
SIGNED 7-1-24

AB 2288 (Kalra), co-sponsored by Consumer Attorneys of California and the California Labor Federation, will amend the Private Attorneys General Act (PAGA) to strengthen worker protection by allowing injunctive relief. Injunctive relief in PAGA claims will allow courts to order employers to quickly correct and remediate violations that have occurred in the workplace in a manner that benefits all employees. For example, if an employer fails to provide workers with paid sick days, the court could order injunctive relief that would require the employer to establish a lawful paid sick days policy.

Author's Press Release
Support Letter
Bill Language

CAOC Legislative Summary 2023-24 (PDF)

2023 Legislation

•    SB 365 (Wiener) – Corporate Delay of Justice for Workers and Consumers
SIGNED 10-11-23

SB 365 protects workers and consumers from the delay tactics corporations use when a trial court rules that a forced arbitration agreement is invalid. Current law allows corporate defendants to effectively pause a worker or a consumer's case – sometimes for years at a time – by simply filing an appeal. Specifically, this bill grants the judge discretion to determine whether a worker or consumer's case can move forward when a denied motion to compel arbitration is appealed, instead of an automatic stay. SB 365 was one of three bills that were enacted into law despite being on the list of 19 bills labeled a top priority kill bills for the California Chamber of Commerce, labeled "job killers."

Fact Sheet
Examples
Bill Language

•    SB 21 (Umberg) – Remote Access to the Civil Courts

CAOC was a strong supporter of remote access to the courts and worked with leadership and stakeholders like legal aid and dependency counsel to craft SB 241 (Umberg) in 2021. That bill was given a very short sunset of July 1, 2023. CAOC joins with California Defense Counsel and the California Judges Association to co-sponsor SB 21, which will extend that sunset to January 1, 2026 for civil cases. The sunset was extended through the end of 2026 as part of the state budget.

Fact Sheet
Bill Language

•    SB 652 (Umberg) – Expert Witness Standards
SIGNED 7-13-23

SB 652 will codify longstanding law regarding the standard for expert witness testimony. The bill will ensure that when testifying to a jury, all experts provide their opinion to a reasonable degree of probability. A reasonable degree of probability means that the expert is testifying that their cause was more likely than not the cause of the person’s injuries. A recent isolated court decision threatens to undermine the credibility of expert witness testimony. Kline v. Zimmer, Inc. (2022) 79 Cal. App. 5th 123 review denied (Aug. 31, 2022) upends current law by allowing only defense experts to testify to any “possible” cause of injury rather than what “more likely than not” caused an injury. SB 652 will clarify Evidence Code § 801 to ensure all experts must testify to a reasonable degree of probability based on their field of expertise. This would codify the standard that had been consistently relied upon for decades and will ensure only reliable testimony is presented to juries.

Fact Sheet
Bill Language

2023 Legislative Report (login required)

2022 Legislation

•    AB 35 (Umberg & Reyes) – Modernizing California's Medical Injury Compensation Reform Act (MICRA)
SIGNED 5-23-22

After a decades-long fight, Consumer Attorneys of California has reached an agreement to modernize California’s Medical Injury Compensation Act of 1975 (MICRA). CAOC and the Californians Allied for Patient Protection (CAPP) joined together to co-sponsor AB 35, which if passed by the Legislature and signed by the Governor in an expedited fashion, will preclude a costly ballot fight in November.

This historic agreement will amend MICRA as follows:

1. For a non-death case, the cap increases from $250,000 to $350,000 on January 1, 2023 and continues to increase to $750,000 over ten years.
2. For a wrongful death case, the cap increases from $250,000 to $500,000 on January 1, 2023 and continues to increase to $1,000,000 over ten years.
3. After the caps increase to $750,000/$1,000,000 in 2033, a 2% COLA attaches starting January 1, 2034, thereby adjusting the caps annually.
4. Current law limits a plaintiff’s recovery to $250,000, regardless of the number of defendants. This proposal creates three separate categories of defendants for a total of three possible caps: 
          • One cap for health care providers (regardless of the number of providers or causes of action).
          • One cap for health care institutions (regardless of the number if institutions or causes of action).
          • One cap for an unaffiliated health care provider or health care institution that commits a separate negligent act.
5. At the request of either party, periodic payments can be utilized for future economic damages starting at $250,000 (presently at $50,000).
6. Modified contingency fee caps that simplify the current structure based on amount recovered through settlement, arbitration or judgment.
7. Protections for providers who make statements about fault prior to litigation.

Sponsor Letter
Bill Language

•    SB 1107 (Dodd) – Updating California’s Minimum Auto Financial Responsibility Limits
SIGNED 9-28-22

Increases, effective January 1, 2025, the requirements of the Financial Responsibility Law (FRL), which requires most drivers purchase auto insurance with certain minimum limits of coverage, to $30,000 for liability resulting in bodily injury or death of one person, $60,000 for liability resulting in bodily injury or death to more than one person, and $15,000 for liability resulting from property damage (known as $30,000/$60,000/$15,000), up from the current requirements of $15,000, $30,000, and $5,000, respectively; adjusts further, on January 1, 2035, the FRL requirements to $50,000, $100,000, and $25,000, respectively. (Chaptered 717, 2022)

Fact Sheet
Sponsor Letter
Examples
Bill Language

 •   SB 848 (Umberg) – Remote Access to the Courts

Since the start of the pandemic, CAOC has focused on keeping the courtroom doors open to ensure Californians have access to justice. The courtroom doors quickly turned virtual, as many industries, including our Judicial Branch, shifted to remote services in order to continue to operate and do so in a safe and efficient manner. CAOC was a strong supporter of remote access to the courts and worked with leadership and stakeholders like legal aid and dependency counsel to craft SB 241 (Umberg) in 2021. That bill was given a very short sunset of July 1, 2023. We intend to continue our work to ensure access to the courts by (1) advocating for court funding, especially any needs to ensure remote technology is operational and functioning to serve every county, and (2) co-sponsoring SB 848 with the California Judges Association and California Defense Counsel to ensure remote access can continue and any needed improvements can be made before this important legislation sunsets.
 
Effective January 1, 2022 – Remote statute CCP 367.75 and Rule of Court 3.672.

Sponsor Letter
Bill Language

•    SB 1149 (Leyva) – Secrecy in Litigation
 
This bill extends existing sunshine laws to “covered civil actions,” those where the factual foundation establishes a cause of action for civil damages regarding a defective product or environmental hazard that poses a danger to public health or safety. This bill further establishes a presumption that the disclosure of discoverable factual information relating to these actions is not restricted, and prohibits courts and arbitral tribunals from entering, by stipulation or otherwise, any order that restricts the disclosure of such information, except as provided.

Support Letter
Court Secrecy Kills

•    State Bar - Unauthorized Practice of Law
 
We are continuing our efforts to stop the State Bar's dangerous deregulatory efforts to allow non-attorneys to practice law without attorney supervision and to allow corporations and apps to practice law and own law firms. While the State Bar claims that these proposals will increase access to justice, we know that these proposals will do the exact opposite: they will cause irreparable harm to consumers and damage public trust in the legal system. Any attempts to deregulate the legal profession should be approached with the lens of consumer protection to avoid creating a two-tiered system of justice. We urge the State Bar to focus on its core mission to appropriately regulate and discipline attorneys before embarking on these time-consuming and costly experiments that could costs consumers their legal rights and so much more.

Read our public comment in response to the California Paraprofessionals Working Group's report on licensing paraprofessionals to practice law in California without attorney supervision.

2021 Legislation

CAOC 2021 LEGISLATIVE PRIORITIES

•    PRIORITY NUMBER ONE:  EFFICIENCY IN THE COURTS
SB 241 AND SB 233 (UMBERG)

Civil courts have been devastated by the impact of COVID-19, and this crisis must be addressed immediately to ensure access to justice for all Californians. It is unacceptable to have justice depend upon where you live; some counties have met the challenge of continuing essential court service during this pandemic and others have not.

Our number one priority in 2021 will be making the courts efficient and effective during this time of COVID so that civil litigants and their families can get timely justice. Trial dates have been delayed for over a year with no end in sight. Individuals are struggling without access to the recovery they need to pay for medical treatment. Those seeking their lost earnings are further squeezed into financial hardship due to pandemic job loss and housing struggles. The elderly and sick are dying as their trial dates get pushed and children cannot get the court stamp of approval when their cases settle. There are significant issues with delays in hearing law and motion that should be avoidable with remote hearings.

In response, CAOC is sponsoring two bills, SB 241 (Umberg) and SB 233 (Umberg), that will address court efficiency and civil procedure issues. In order to ensure a minimum level of justice and functionality in our courts we are seeking the following:  

1. Emergency action to reduce the severe civil backlog. Gov. Newsom recently announced a budget restoration of $200 million for the courts for the 2021 fiscal year. While very appreciative of this restoration, CAOC is requesting a “crash program” to use the restored monies to attack the horrific civil backlog. The civil backlog is beyond a crisis point and it will only get worse without a coordinated statewide approach.
2. A requirement that statutory preference trials be set in counties that are also conducting criminal trials. We have heard horror stories, regardless of county, about preference motions not being ruled upon or preference cases not proceeding with clients dying as they wait for justice, their rights often dying with them.
3. Mandated statewide deadlines so litigants can promptly resolve issues in law and motion. Justice should not depend upon which county a case is filed.
4. A requirement for fast tracked hearings on uncontested minors compromise petitions.

SB 233 fact sheet

SB 241 STATUS: SIGNED INTO LAW

•    HUMAN SUFFERING DAMAGES:  DELAY UNTIL THEY DIE
SB 447 (LAIRD)

Under current California Code of Civil Procedure section 377.34, defendants benefit from court delays, and victims' rights to damages die with them. When the California Legislature enacted laws on survival damages in 1961, the insurance industry lobbied to add language extinguishing damages for non-economic damages when a plaintiff dies. The legislative history of CCP 377.34 shows that the legislature was strongly in favor of preserving these damages, but added the language due to industry pressure.

The current law is especially devastating when the plaintiff is elderly, a child, a stay-at-home parent, disabled, lower income, or anyone else whose damages are not primarily based on how much they earn.

A wrongdoer should not be given a discount because an injured plaintiff dies of an unrelated illness, like cancer, before their case is finished. Our current law also creates a perverse incentive for defendants to delay cases and harass ill plaintiffs in the hopes that the plaintiff will die before trial, creating a significant financial benefit for the wrongdoer.

Worse, COVID-19 has amplified the effects of this unjust law. Courts are forced to set trial dates with long delays – and even to ignore preference statutes that are supposed to give dying and elderly plaintiffs a speedy trial date. Defendants take every advantage of these delays, refusing to agree to bench trials and then objecting to virtual trials, in the hopes that the plaintiffs will die before trial.

California’s law is old, a vestige of archaic tort law policy that all claims against a defendant died with the plaintiff. This rule does not exist in 45 other states and D.C. because it is unfair and acts to reduce the deterrent effect of tort law. At a time when corporate defendants and insurers delay cases, as our court system struggles (often taking years to get cases to trial), and as COVID shuts down our entire judicial system, it is grossly unfair that when victims seeking justice die, so do their damages. Senator John Laird has introduced SB 447, co-sponsored by CAOC and the Consumer Federation of California, to address this injustice.

SB 447 fact sheet and victim stories

STATUS: SIGNED INTO LAW; link to Judicial Council reporting cover sheet here

•    CIVIL RIGHTS:  STOPPING THE ILLEGAL USE OF FORCE
SB 2 (BRADFORD/ATKINS)

CAOC will continue its efforts to stop the use of illegal force and to correct California’s civil rights law (the Bane Act) so it will have effective remedies for victims of illegal use of force. Senator Steve Bradford has introduced SB 2 which will be amended to create a program to decertify law enforcement that violate the law and to provide equity via the restoration of legal rights when violations are proven.

Californians who have had their civil rights violated turn to California law, known as the Tom Bane Civil Rights Act, enacted in 1987. The Tom Bane Civil Rights Act, Cal. Civil Code § 52.1, is California’s most broadly applicable civil rights law. The Bane Act forbids anyone from interfering by force or by threat of violence with your federal or state constitutional or statutory rights. These rights include, for example, the right to due process, equal protection, and protection from bodily restraint or harm.

The Bane Act has increasingly become the only vehicle of redress for those whose civil rights have been violated as federal law has become so weakened. In federal court, holding officers accountable is nearly impossible due to the doctrine of qualified immunity, so Californians must generally solely rely on the Bane Civil Rights Act. Qualified immunity is a federal doctrine that shields government officials from legal responsibility for civil rights violations. Originally, federal qualified immunity was an attempt to provide some protection from civil lawsuits for law enforcement officers in an attempt to balance the need to do their jobs with the need to hold bad actors accountable. Courts (especially with President Trump appointees), however, have taken this core principle and interpreted it in such a way that it is nearly impossible to hold bad actors accountable under the federal civil rights act, 42 U.S.C. § 1983. In the United States Supreme Court’s own words, qualified immunity is an officer-friendly doctrine that protects “all but the plainly incompetent of those who knowingly violate the law.”  Therefore, it is imperative that California state law fully protect those whose civil rights have been violated.

SB 2 fact sheet
Sample SB 2 support letter

•    HOLDING ONLINE MARKETPLACES ACCOUNTABLE
AB 1182 (STONE)

AB 1182 (Stone) will hold online marketplaces like Amazon to the same legal standard as traditional brick-and-mortar businesses when internet retailers place dangerous products in the stream of commerce. AB 1182 will ensure that California law does not continue to subsidize online commerce, which has a spotty product safety record, at the expense of injured Californians. It is jointly sponsored by Consumer Attorneys of California, California Teamsters Public Affairs Council and United Food and Commercial Workers Union Western States Council.

AB 1182 fact sheet

•    PROTECTING EMPLOYEES AND ELDERS
AB 849 (REYES) AND SB 331 (LEYVA)

CAOC will also prioritize two bills related to protecting elders and workers. AB 849 (Reyes) will overturn the horrible California Supreme Court decision Jarman v. HCR Manorcare, holding that statutory damages in residents’ lawsuits alleging violations of regulatory resident rights are capped at $500 per lawsuit, not $500 per violation. Under the Long Term Care Act, a current or former resident may bring a civil action against a skilled nursing or intermediate care facility that violates any specified rights of the patient. Since 1982, the law states that facilities have to pay up to $500 to residents for violations of their rights. In 2020, the state Supreme Court held that the maximum a victim could recover was $500, regardless of how many of these violations the resident suffered. (Jarman v. HCR Manorcare, 10 Cal. 5th 375)

The purpose of the residents’ private right of action was to empower residents to enforce their own rights critical to their dignity and well-being at a time when state enforcement was in decline. Forty years later, state enforcement has never been worse and complaints against facilities are at an all-time high. At a time when the need for resident rights has never been greater, the Supreme Court has rendered rights enforcement toothless. Facilities now routinely send $500 checks to resident victims as a “pass” to commit rampant violations. Nursing homes are now free from consequences for resident rights violations, while vulnerable residents are left unprotected and disregarded.

As Justice Cuéllar wrote in his Jarman dissent, capping damages at $500 regardless of the number or severity of violations is “plainly insufficient to fulfill the statute’s purpose to deter and remedy violations of nursing home patients’ rights.”

AB 849 fact sheet

AB 849 STATUS: SIGNED INTO LAW

We will also prioritize SB 331 (Leyva) to expand current protections against secret settlements to now cover settlement agreements involving all forms of harassment or discrimination. SB 331 would also expand the prohibition on overly broad confidentiality and non-disparagement clauses in employment agreements to cover workers who are required to sign these types of clauses as part of a severance agreement.

SB 331 fact sheet

2020 Legislation

HOLDING ONLINE MARKETPLACES ACCOUNTABLE

AB 3262 (Stone) – Would hold online marketplaces like Amazon to the same legal standard as traditional brick-and-mortar businesses when internet retailers place dangerous products in the stream of commerce. This bill will ensure that California law does not continue to subsidize online commerce, which has a spotty product safety record, at the expense of injured Californians. Jointly sponsored by Consumer Attorneys of California, California Teamsters Public Affairs Council and United Food and Commercial Workers Union Western States Council. Fact sheet (PDF)  STATUS: Approved by Assembly, pulled by author before final state Senate vote.

STEMMING POLICE BRUTALITY

SB 731 (Bradford) – Amid endless revelations of police abuse against people of color, this bill seeks to curb police brutality by allowing for the decertification of violence-prone officers fired for misconduct so they are not rehired by other departments and by bolstering the Tom Bane Civil Rights Act, which as been undercut by bad case law in the three decades since its legislative approval. Those changes include requiring a proof that an officer's misconduct involved general intent, not the higher legal threshold of specific intent, which requires proving in court that they consciously intended to violent a brutality victim's civil rights. This bill is sponsored by sponsored by a coalition of organizations pursuing police reform including the American Civil Liberties Union. Fact sheet (PDF)  STATUS: Not brought up for a vote. CAOC response  

E-SERVICE OF PROCESS

SB 1146 (Umberg) – Enshrines use of web video for remote depositions and email service of process to reduce the backlog of cases anticipated even after the COVID-19 pandemic finally ends. STATUS: Signed by Gov. Gavin Newsom, became effective Sept. 18, 2020.

IMPROVING THE DAILY PRACTICE OF LAW

AB 2723 (Chiu) – This civil procedure bill would give attorneys for parties in civil litigation the ability to sign a stipulated settlement on the litigants behalf. STATUS: Signed by Gov. Gavin Newsom, became effective Jan. 1, 2021.

MODERNIZING OUTDATED MINIMUM AUTO INSURANCE REQUIREMENTS

AB 3311 (Grayson) – Would update the state's minimum auto insurance requirements, which have not changed in more than a half century. The current rate of $15,000 for an accident with one victim, $30,000 for multiple victims and $5,000 for property damage would be increased to $30,000 for one victim, $60,000 for multiple victims and $25,000 for property damage. The state's current minimum requirements have not been adjusted for inflation in the 53 years since the law was established in 1967. Fact sheet (PDF)  STATUS: Delayed by health crisis until 2021 

STOPPING COURT SECRECY TO BETTER PROTECT CALIFORNIANS

SB 1135 (Hertzberg) – To better protect all Californians from the threat of defective products or other safety hazards, this bill would curb use of secrecy orders and agreements in civil cases that would have the effect of hiding hazards from the public. Fact sheet (PDF)   STATUS: Delayed by health crisis until 2021
 

2019 Legislation

PROTECTING VICTIMS OF SEXUAL HARASSMENT AND ASSAULT

AB 1510 (Reyes) – University of Southern California students who fell victim to Dr. George Tyndall, the campus gynecologist accused of molesting hundreds of women in his care over nearly three decades, will have a fresh opportunity to hold the physician and university accountable under this bill. More than 600 of his former patients have filed civil lawsuits against Dr. Tyndall and USC for sexual battery and related sexual abuse, but USC will likely seek dismissal of these assault cases, claiming they are time-barred by the state's statute of limitations. Thus, AB 1510 is vital to giving these women an opportunity to have their day in court. Fact sheet (PDF)  STATUS: Signed into law by Gov. Gavin Newsom. 

AB 51 (Gonzalez) – Would ensure that a worker is not forced into arbitration and stripped of the right to take harassment, discrimination and labor claims to court. Forcing workers to sign arbitration waivers lets companies keep harassment, discrimination and other labor violations out of court, effectively cloaking them in secrecy and, in some cases, allowing serial harassers and repeat violators to continue their conduct for years. Such arbitration contract conditions should be voluntary, not the result of coercion or simply as a requirement for a prospective California worker to get a job. Fact sheet (PDF)   STATUS: Signed into law by Gov. Gavin Newsom. 

AB 9 (Reyes, Friedman, Waldron) – The SHARE Act (Stopping Harassment and Reporting Extension) will extend the time for filing harassment and discrimination claims under California’s Fair Employment and Housing Act (FEHA). This bill would extend the filing requirement from one year to three years, allowing victims additional time to seek redress and  making it more consistent with the filing time limits for other actions.  Low wage earners are particularly harmed by the short filing time. Most low wage workers who suffered harassment or discrimination are not aware of their legal rights and do not know that that they are time barred if they do not file within a year. Fact sheet (PDF)   STATUS: Signed into law by Gov. Gavin Newsom. 

PROMOTING SAFETY OF SCOOTERS, BIKES AND OTHER SHARED-MOBILITY DEVICES

AB 1286 (Muratsuchi) – E-scooters and bikes have appeared in major California cities often overnight – leaving municipalities in the dust as they attempt to catch up and create regulations. What results is a patchwork of different laws and regulations. Meanwhile, riders and pedestrians are at risk. Four scooter riders have died and many riders and pedestrians have suffered injuries. Although scooters provide an eco-friendly, low-cost transportation option, the lack of uniform consumer protections is problematic. Riders leave the scooters everywhere, creating a mess and tripping hazard. There are public safety concerns, as riders tend to not wear helmets as well as drive and park on sidewalks, creating a hazard for the elderly, children and people with disabilities.This bill will enact minimum state protections requiring e-mobility companies to carry minimum insurance to protect riders and third parties, prohibit them from waiving consumer legal rights, and require that cities and counties adopt and enforce safety rules. Fact sheet (PDF)   STATUS: Approved by Assembly. Will be taken up by state Senate in 2020.

PROTECTING THE VULNERABLE ELDERLY IN EMERGENCIES

SB 314 (Dodd) – During the 2017 Wine Country wildfires, about 100 elderly residents at two Santa Rosa care homes were abandoned as flames closed in. One of the homes burned to the ground, and as many as 20 of the elderly residents likely would have died if not for the heroic rescue efforts by family members and emergency responders. SB 314 will update the Elder Abuse and Dependent Adult Civil Protection Act to include "abandonment" as an enhanced remedy that qualifies for civil action. By making this change, nursing homes and other senior facilities will be on notice: Don't leave the frail elderly behind in a life-threatening emergency. Fact sheet (PDF)  STATUS: Signed into law by Gov. Gavin Newsom.  

STOPPING COMPANIES TRYING TO STALL THE LEGAL PROCESS

SB 707 (Wieckowski, Hertzberg) – Individuals who have been forced to submit to mandatory arbitration to resolve an employment or consumer dispute would be provided with procedural options and remedies under this bill when a company stalls or obstructs the arbitration proceeding by refusing to pay the required fees. Fact sheet (PDF)   STATUS: Signed into law by Gov. Gavin Newsom.

PROHIBITING RACIAL PROFILING ON DAMAGE AWARDS

SB 41 (Hertzberg) – Prohibits the use of racial- and gender-biased data in determining civil damage awards for personal injury or wrongful death actions, ensuring women and people of color are not deprived of fair compensation. Fact sheet (PDF) STATUS: Signed into law by Gov. Gavin Newsom.

IMPROVING THE DAILY PRACTICE OF LAW

SB 370 (Umberg) – This legislation would create a more efficient standard for Requests for Production of Documents. Specifically the bill will require the documents to be organized and labeled to correspond with the categories in the demand.This bill is a placeholder bill for substantive civil procedure changes to improve the everyday practice. Fact sheet (PDF)   STATUS: Signed into law by Gov. Gavin Newsom.

PROTECTING DYING ASBESTOS VICTIMS

SB 645 (Monning) – Would protect dying mesothelioma and silicosis victims by limiting their deposition time. Fact sheet (PDF) STATUS:  Signed into law by Gov. Gavin Newsom.

2018 Legislation