SB 713, as introduced, Correa. Personal injury actions: damages: interest.
Under existing law, a plaintiff in an action brought to recover damages for personal injury may claim interest on the damages alleged, as specified.
This bill would make technical, nonsubsantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3291 of the Civil Code is amended to
2read:
begin deleteIn any end deletebegin insert(a)end insertbegin insert end insertbegin insertIn an end insertaction brought to recover damages for
4personal injury sustained by any person resulting from or
5occasioned by the tort of any other person, corporation, association,
6or partnership, whether by negligence or by willful intent of the
7other person, corporation, association, or partnership, and whether
8the injury was fatal or otherwise, it is lawful for the plaintiff in the
9complaint to claim interest on the damages alleged as provided in
10this section.
11If
end delete
P2 1begin insert(b)end insertbegin insert end insertbegin insertIf end insertthe plaintiff makes an offerbegin insert,end insert pursuant to Section 998 of
2the Code of Civil Procedurebegin insert,end insert which the defendant does not accept
3prior to trial or within 30 days, whichever occurs first, and the
4plaintiff obtains a more favorable judgment, the judgment shall
5bear interest at the legal rate of 10 percent per annumbegin insert,end insert calculated
6from the date of the plaintiff’s first offer pursuant to Section 998
7of the Code of Civil
Procedurebegin delete whichend deletebegin insert
thatend insert is exceeded by the
8judgment, and interest shall accrue until the satisfaction of
9judgment.
10This
end delete
11begin insert(c)end insertbegin insert end insertbegin insertThis end insertsection shall not apply to a public entity, or to a public
12employee for an act or omission within the scope ofbegin insert his or herend insert
13 employment, and neither the public entity nor the public employee
14shall be liable, directly or indirectly, to any
person for any interest
15imposed by this section.
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