BILL NUMBER: SB 713	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 22, 2013

   An act to amend Section 3291 of the Civil Code, relating to
damages.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 3291 of the Civil Code is amended to read:
   3291.   In any   (a)     In
an  action brought to recover damages for personal injury
sustained by any person resulting from or occasioned by the tort of
any other person, corporation, association, or partnership, whether
by negligence or by willful intent of the other person, corporation,
association, or partnership, and whether the injury was fatal or
otherwise, it is lawful for the plaintiff in the complaint to claim
interest on the damages alleged as provided in this section. 

   If 
    (b)     If  the plaintiff makes an
offer  ,  pursuant to Section 998 of the Code of Civil
Procedure  ,  which the defendant does not accept prior to
trial or within 30 days, whichever occurs first, and the plaintiff
obtains a more favorable judgment, the judgment shall bear interest
at the legal rate of 10 percent per annum  ,  calculated
from the date of the plaintiff's first offer pursuant to Section 998
of the Code of Civil Procedure  which   that
 is exceeded by the judgment, and interest shall accrue until
the satisfaction of judgment. 
   This 
    (c)     This  section shall not apply
to a public entity, or to a public employee for an act or omission
within the scope of  his or her  employment, and neither the
public entity nor the public employee shall be liable, directly or
indirectly, to any person for any interest imposed by this section.