BILL NUMBER: AB 378 CHAPTERED
BILL TEXT
CHAPTER 123
FILED WITH SECRETARY OF STATE JULY 25, 2005
APPROVED BY GOVERNOR JULY 25, 2005
PASSED THE SENATE JULY 11, 2005
PASSED THE ASSEMBLY APRIL 28, 2005
AMENDED IN ASSEMBLY APRIL 21, 2005
AMENDED IN ASSEMBLY APRIL 7, 2005
INTRODUCED BY Assembly Member Chu
(Coauthors: Assembly Members Chan, Dymally, Huff, Koretz, Laird,
Pavley, and Ridley-Thomas)
(Coauthors: Senators Bowen, Kuehl, and Romero)
FEBRUARY 11, 2005
An act to amend Section 52 of the Civil Code, and to amend Section
338 of the Code of Civil Procedure, relating to protected classes.
LEGISLATIVE COUNSEL'S DIGEST
AB 378, Chu Statute of limitation: protected classes.
Existing law provides that all persons within this jurisdiction
have the right to be free from any violence, or intimidation by
threat of violence, committed against their persons or property
because of their race, color, religion, ancestry, national origin,
political affiliation, sex, sexual orientation, age, disability, or
position in a labor dispute, or because another person perceives them
to have any of those characteristics. Among other things, a civil
penalty of $25,000 may be awarded to the person denied this right in
any action brought by the aggrieved party, the Attorney General, a
district attorney, or a city attorney.
Existing law generally prescribes a one-year statute of limitation
for the commencement of any action brought upon a statute for a
penalty or forfeiture, and 3 years for an action upon a liability
created by statute.
This bill would provide for a 3-year statute of limitation for the
commencement of any action brought pursuant to the above provision.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52 of the Civil Code is amended to read:
52. (a) Whoever denies, aids or incites a denial, or makes any
discrimination or distinction contrary to Section 51, 51.5, or 51.6,
is liable for each and every offense for the actual damages, and any
amount that may be determined by a jury, or a court sitting without a
jury, up to a maximum of three times the amount of actual damage but
in no case less than four thousand dollars ($4,000), and any
attorney's fees that may be determined by the court in addition
thereto, suffered by any person denied the rights provided in Section
51, 51.5, or 51.6.
(b) Whoever denies the right provided by Section 51.7 or 51.9, or
aids, incites, or conspires in that denial, is liable for each and
every offense for the actual damages suffered by any person denied
that right and, in addition, the following:
(1) An amount to be determined by a jury, or a court sitting
without a jury, for exemplary damages.
(2) A civil penalty of twenty-five thousand dollars ($25,000) to
be awarded to the person denied the right provided by Section 51.7 in
any action brought by the person denied the right, or by the
Attorney General, a district attorney, or a city attorney. An action
for that penalty brought pursuant to Section 51.7 shall be commenced
within three years of the alleged practice.
(3) Attorney's fees as may be determined by the court.
(c) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in conduct of resistance to the full
enjoyment of any of the rights described in this section, and that
conduct is of that nature and is intended to deny the full exercise
of those rights, the Attorney General, any district attorney or city
attorney, or any person aggrieved by the conduct may bring a civil
action in the appropriate court by filing with it a complaint. The
complaint shall contain the following:
(1) The signature of the officer, or, in his or her absence, the
individual acting on behalf of the officer, or the signature of the
person aggrieved.
(2) The facts pertaining to the conduct.
(3) A request for preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other
order against the person or persons responsible for the conduct, as
the complainant deems necessary to ensure the full enjoyment of the
rights described in this section.
(d) Whenever an action has been commenced in any court seeking
relief from the denial of equal protection of the laws under the
Fourteenth Amendment to the Constitution of the United States on
account of race, color, religion, sex, national origin, or
disability, the Attorney General or any district attorney or city
attorney for or in the name of the people of the State of California
may intervene in the action upon timely application if the Attorney
General or any district attorney or city attorney certifies that the
case is of general public importance. In that action, the people of
the State of California shall be entitled to the same relief as if it
had instituted the action.
(e) Actions brought pursuant to this section are independent of
any other actions, remedies, or procedures that may be available to
an aggrieved party pursuant to any other law.
(f) Any person claiming to be aggrieved by an alleged unlawful
practice in violation of Section 51 or 51.7 may also file a verified
complaint with the Department of Fair Employment and Housing pursuant
to Section 12948 of the Government Code.
(g) This section does not require any construction, alteration,
repair, structural or otherwise, or modification of any sort
whatsoever, beyond that construction, alteration, repair, or
modification that is otherwise required by other provisions of law,
to any new or existing establishment, facility, building,
improvement, or any other structure, nor does this section augment,
restrict, or alter in any way the authority of the State Architect to
require construction, alteration, repair, or modifications that the
State Architect otherwise possesses pursuant to other laws.
(h) For the purposes of this section, "actual damages" means
special and general damages. This subdivision is declaratory of
existing law.
SEC. 2. Section 338 of the Code of Civil Procedure is amended to
read:
338. Within three years:
(a) An action upon a liability created by statute, other than a
penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c) An action for taking, detaining, or injuring any goods or
chattels, including actions for the specific recovery of personal
property. The cause of action in the case of theft, as defined in
Section 484 of the Penal Code, of any article of historical,
interpretive, scientific, or artistic significance is not deemed to
have accrued until the discovery of the whereabouts of the article by
the aggrieved party, his or her agent, or the law enforcement agency
which originally investigated the theft.
(d) An action for relief on the ground of fraud or mistake. The
cause of action in that case is not to be deemed to have accrued
until the discovery, by the aggrieved party, of the facts
constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of
action based on fraud or embezzlement is not to be deemed to have
accrued until the discovery, by the aggrieved party or his or her
agent, of the facts constituting the cause of action upon the bond.
(f) An action against a notary public on his or her bond or in his
or her official capacity except that any cause of action based on
malfeasance or misfeasance is not deemed to have accrued until
discovery, by the aggrieved party or his or her agent, of the facts
constituting the cause of action; provided, that any action based on
malfeasance or misfeasance shall be commenced within one year from
discovery, by the aggrieved party or his or her agent, of the facts
constituting the cause of action or within three years from the
performance of the notarial act giving rise to the action, whichever
is later; and provided further, that any action against a notary
public on his or her bond or in his or her official capacity shall be
commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and
Professions Code. The cause of action in that case shall not be
deemed to have accrued until the discovery by the aggrieved party,
the Attorney General, the district attorney, the county counsel, the
city prosecutor, or the city attorney of the facts constituting
grounds for commencing such an action.
(i) An action commenced under the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code). The cause of action in that case shall not be deemed to have
accrued until the discovery by the State Water Resources Control
Board or a regional water quality control board of the facts
constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property
under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section
39000) of the Health and Safety Code. These causes of action shall
not be deemed to have accrued until the discovery by the State Air
Resources Board or by a district, as defined in Section 39025 of the
Health and Safety Code, of the facts constituting grounds for
commencing the action under its jurisdiction.
(l) An action commenced under Section 1603.1 or 5650.1 of the Fish
and Game Code. These causes of action shall not be deemed to have
accrued until discovery by the agency bringing the action of the
facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel
of a special tax levied by a local agency on a per parcel basis.
(n) An action commenced under Section 51.7 of the Civil Code.