SB 131, as amended, Beall. Damages: childhood sexual abuse: statute of limitations.
Existing law requires that an action for recovery of damages suffered as a result of childhood sexual abuse, as defined, be commenced within 8 years of the date the plaintiff attains the majority or within 3 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later. Existing law provides that certain actions may be commenced on and after the plaintiff’s 26th birthday if specified conditions are met.
This bill would recast these provisions of law relating to the recovery of damages in childhood sexual abuse actions. The bill would provide that actions not barred by law in effect prior to January 1, 2014begin insert,end insert
are not subject to a statute of limitations and that an action for recovery of damages suffered as a result of childhood sexual abuse may be commenced at any time. With regard to an action barred by the law in effect prior to January 1, 2014, the bill would provide that those actions may be commenced within 30 years of the date the plaintiff attains the age of majority or withinbegin delete fiveend deletebegin insert 5end insert years of the date of the fact of the injury and its causal connection to the sexual abuse is first communicated to the plaintiff by a practicing physician, psychologist, or clinical psychologist, whichever period expires later. The bill would also repeal the requirement that a plaintiff 26 years of age or older at the time the action is filed file a certificate of merit and would repeal other procedural requirements relating to
the action.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 340.1 of the Code of Civil Procedure is
2amended to read:
(a) In an action for recovery of damages suffered as a
4result of childhood sexual abuse that was not barred by the law in
5effect prior to January 1, 2014, there shall be no statute of
6limitations and any of the following actions may be commenced
7at any time:
8(1) An action against any person or entity for directly or
9vicariously committing an act of childhood sexual abuse.
10(2) An action for liability against any person or entity who owed
11a duty of care to the plaintiff, where a wrongful or negligent act
12by that person or entity was a legal cause of the childhood sexual
13abuse
which resulted in injury to the plaintiff.
14(3) An action for liability against any person or entity where an
15intentional act by that person or entity was a legal cause of the
16childhood sexual abuse which resulted in injury to the plaintiff.
17(b) In an action for recovery of damages suffered as a result of
18childhood sexual abuse that was barred by the law in effect prior
19to January 1, 2014, the time for commencement of the action shall
20be within 30 years of the date the plaintiff attains the age of
21majority or within five years of the date the fact of the injury and
22its causal connection to the sexual abuse is first communicated to
23the plaintiff by a physician, psychologist, or clinical psychologist
24licensed to practice and practicing within the state, whichever
25period expires later, for
any of the following actions:
26(1) An action against any person or entity for directly or
27vicariously committing an act of childhood sexual abuse.
28(2) An action for liability against any person or entity who owed
29a duty of care to the plaintiff, where a wrongful or negligent act
P3 1by that person or entity was a legal cause of the childhood sexual
2abuse which resulted in injury to the plaintiff.
3(3) An action for liability against any person or entity where an
4intentional act by that person or entity was a legal cause of the
5childhood sexual abuse which resulted in injury to the plaintiff.
6(c) Any claim for damages that may not be timely commenced
7under subdivision (a)
orbegin delete subdivisionend delete (b), as amended January 1,
82014, is revived and a cause of action may be commenced within
9one year of January 1, 2014. Nothing in this subdivision is intended
10to alter the applicable statute of limitations for any claim described
11in subdivision (a) or (b) that is not time barred by the amendments
12taking effect on January 1, 2014.
13(d) “Childhood sexual abuse” as used in this section includes
14any act committed against the plaintiff that occurred when the
15plaintiff was underbegin delete the age ofend delete 18 yearsbegin insert of ageend insert and that would have
16been proscribed by Section 266j of the Penal Code; Section 285
17of the Penal
Code; paragraph (1) or (2) of subdivision (b), or of
18subdivision (c)begin delete end delete, of Section 286 of the Penal Code; subdivision (a)
19or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of
20subdivision (b), or subdivisionbegin delete ( c )end deletebegin insert (c)end insert, of Section 288a of the
21Penal Code; subdivision (h),begin delete (I)end deletebegin insert (i)end insert, or (j) of Section 289 of the
22Penal Code; Section 647.6 of the Penal Code; or any prior laws of
23this state of similar effect at the time the act was committed.
24(e) Nothing in this section shall be construed to alter the
25otherwise applicable burden of proof, as defined in Section 115
26of the Evidence Code, that a plaintiff has in a civil action subject
27to this section.
28(f) Nothing in this section is intended to create a new theory of
29liability.
30(g) Nothing in this section is intended to alter the decision in
31Shirk v. Vista Unified School Dist.begin delete,end delete (2007) 42 Cal.4th 201.
32(h) Nothing in this section is intended to revive any action or
33cause of action that has been litigated to finality on the merits in
34any court of competent jurisdiction prior to January 1, 2014.
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