BILL NUMBER: SB 713	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2013

INTRODUCED BY   Senator Correa
    (   Coauthor:   Assembly Member  
Gray   ) 

                        FEBRUARY 22, 2013

    An act to amend Section 3291 of the Civil Code, relating
to damages.   An act to add Section 1713.5 to the Civil
Code, relating to liability. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 713, as amended, Correa.  Personal injury actions:
damages: interest.   Liability: good faith reliance on
administrative ruling.  
   Existing law provides that every person is responsible, not only
for the result of his or her willful acts, but also for an injury
occasioned to another by his or her want of ordinary care or skill in
the management of his or her property or person, except so far as
the latter has, willfully or by want of ordinary care, brought the
injury upon himself or herself.  
   Existing law governs the tort liability and immunity of, and
claims and actions against, public entities and their officers and
employees. Existing law provides that a public employee who acts in
good faith, without malice, and under the apparent authority of an
enactment that is unconstitutional, invalid, or inapplicable, is not
liable for an injury caused thereby, except to the extent that he or
she would have been liable had the enactment been constitutional,
valid, and applicable.  
   This bill would provide that any person who relies upon a written
order, ruling, approval, interpretation, or enforcement policy of a
state agency or department, except the Division of Labor Standards
Enforcement, shall not be liable or subject to punishment for a
violation of a statute or regulation in a judicial or administrative
proceeding if the person takes specified actions. This bill would
provide that a person who relies on a written order, ruling,
approval, interpretation, or enforcement policy of the Division of
Labor Standards Enforcement and takes these specified actions shall
not be liable or subject to punishment, except for restitution of
unpaid wages. The bill would provide that these provisions apply to
all actions and proceedings that commence on or after January 1,
2014. Additionally, the bill would state that it would not require a
state agency to issue an order, ruling, approval, interpretation, or
enforcement policy.  
   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 1713.5 is added to the 
 Civil Code   , to read:  
   1713.5.  (a) A person who relies upon a written order, ruling,
approval, interpretation, or enforcement policy of a state agency or
department, except the Division of Labor Standards Enforcement, shall
not be liable or subject to punishment for a violation of a statute
or regulation in a judicial or administrative proceeding if the
person pleads and proves to the trier of fact that, at the time the
alleged act or omission occurred, the person, acting in good faith,
did all of the following:
   (1) Sought an applicable written order, ruling, approval,
interpretation, or enforcement policy from the state agency or
department charged with interpreting that particular area of law.
   (2) Relied upon and conformed to the applicable written order,
ruling, approval, interpretation, or enforcement policy.
   (3) Provided true and correct information to the state agency in
seeking the written order, ruling, approval, interpretation, or
enforcement policy.
   (b) (1) The affirmative defense provided in subdivision (a) shall
apply even if, after the alleged act or omission occurred, the order,
ruling, approval, interpretation, or enforcement policy upon which
the person relied is modified, rescinded, or determined by judicial
authority to be invalid or of no legal effect.
   (2) The affirmative defense provided in subdivision (a) shall not
apply if the alleged act or omission occurred after the order,
ruling, approval, interpretation, or enforcement policy upon which
the person relied is modified, rescinded, or determined by judicial
authority to be invalid or of no legal effect.
   (c) This section applies to all actions and proceedings that
commence on or after January 1, 2014.
   (d) Nothing in this section shall be construed to give any greater
legal weight to an order, ruling, approval, interpretation, or
enforcement policy than it would otherwise have in the absence of
this section.
   (e) Nothing in this section shall be construed to require a state
agency or department to issue an order, ruling, approval,
interpretation, or enforcement policy.
   (f) Nothing in this section shall be construed to authorize a
state agency or department to issue an order, ruling, approval,
interpretation, or enforcement policy that is contrary to an existing
state statute or regulation.
   (g) A person who relies upon a written order, ruling, approval,
interpretation, or enforcement policy of the Division of Labor
Standards Enforcement shall not be liable or subject to punishment,
except for restitution of unpaid wages, for a violation of a statute
or regulation in a judicial or administrative proceeding if the
person pleads and proves to the trier of fact that, at the time the
alleged act or omission occurred, the person, acting in good faith,
did the acts described in paragraphs (1) to (3), inclusive, of
subdivision (a).  
  SECTION 1.    Section 3291 of the Civil Code is
amended to read:
   3291.  (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.

   (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 that is exceeded by the judgment, and
interest shall accrue until the satisfaction of judgment.
   (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.