Amended in Assembly May 6, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 15

Introduced by Assembly Member Holden

December 1, 2014

An act to amend Section 52.5 of the Civil Code, and to add Section 354.8 to the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL’S DIGEST

AB 15, as amended, Holden. Limitation of actions: human rights abuses.

begin insert

Existing law requires a civil action brought by a victim of human trafficking, as defined, to be commenced within 5 years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 8 years after the date the plaintiff attains the age of majority.

end insert begin insert

This bill would require a civil action for human trafficking, as defined, to be commenced within 7 years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 10 years after the date the plaintiff attains the age of majority.

end insert

Existing law requires a civil action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another to be commenced with 2 years. begin delete Existing law requires a civil action brought by a victim of human trafficking, as defined, to be commenced within 5 years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 8 years after the date the plaintiff attains the age of majority. end delete

This bill would begin delete instead end delete require begin insert (1) end insert a civil action for assault, battery, or wrongful death, when the conduct would also constitute torture, genocide, a war crime, an attempted extrajudicial killing, or a crime against humanity, as defined, begin insert (2) a civil action for the taking of property in violation of international law, as defined, or (3) a civil action seeking benefits under an insurance policy, where the insurance claim arises out of any of the conduct specified above, end insert to be commenced within 10 years. begin delete The bill would also require a civil action for human trafficking or the taking of property in violation of international law, as specified, or a civil action seeking benefits under an insurance policy, where the insurance claim arises out of any of the conduct specified above, to be commenced within 10 years. end delete The bill would authorize a prevailing plaintiff to recover reasonable attorney’s fees and litigation costs. The bill would require these provisions to be construed as applying retroactively and would provide that these provisions are severable, as specified.

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 52.5 of the Civil Code is amended to
read:

52.5.  

(a) A victim of human trafficking, as defined in Section
236.1 of the Penal Code, may bring a civil action for actual
damages, compensatory damages, punitive damages, injunctive
relief, any combination of those, or any other appropriate relief.
A prevailing plaintiff may also be awarded attorney’s fees and
costs.

(b) In addition to the remedies specified in this section, in an
action under subdivision (a), the plaintiff may be awarded up to
three times his or her actual damages or ten thousand dollars
($10,000), whichever is greater. In addition, punitive damages
may also be awarded upon proof of the defendant’s malice,
oppression, fraud, or duress in committing the act of human
trafficking.

begin insert

(c) An action brought pursuant to this section shall be
commenced within seven years of the date on which the trafficking
victim was freed from the trafficking situation or, if the victim was
a minor when the act of human trafficking against the victim
occurred, within 10 years after the date the plaintiff attains the
age of majority.

end insert begin delete

(c)

end delete

begin insert (d) end insert  If a person entitled to sue is under a disability at the time
the cause of action accrues, so that it is impossible or impracticable
for him or her to bring an action, then the time of the disability is
not part of the time limited for the commencement of the action.
Disability will toll the running of the statute of limitation for this
action.

(1) Disability includes being a minor, lacking legal capacity to
make decisions, imprisonment, or other incapacity or
incompetence.

(2) The statute of limitations shall not run against a plaintiff
who is a minor or who lacks the legal competence to make
decisions simply because a guardian ad litem has been appointed.
A guardian ad litem’s failure to bring a plaintiff’s action within
the applicable limitation period will not prejudice the plaintiff’s
right to do so after his or her disability ceases.

(3) A defendant is estopped begin delete to assert end delete begin insert from asserting end insert a defense
of the statute of limitations when the expiration of the statute is
due to conduct by the defendant inducing the plaintiff to delay the
filing of the action, or due to threats made by the defendant causing
duress upon the plaintiff.

(4) The suspension of the statute of limitations due to disability,
lack of knowledge, or estoppel applies to all other related claims
arising out of the trafficking situation.

(5) The running of the statute of limitations is postponed during
the pendency of criminal proceedings against the victim.

begin delete

(d)

end delete

begin insert (e) end insert  The running of the statute of limitations may be suspended begin delete end delete
begin delete where end delete begin insert if end insert a person entitled to sue could not have reasonably
discovered the cause of action due to circumstances resulting from
the trafficking situation, such as psychological trauma, cultural
and linguistic isolation, and the inability to access services.

begin delete

(e)

end delete

begin insert (f) end insert  A prevailing plaintiff may also be awarded reasonable
attorney’s fees and litigation costs including, but not limited to,
expert witness fees and expenses as part of the costs.

begin delete

(f)

end delete

begin insert (g) end insert  Restitution paid by the defendant to the victim shall be
credited against a judgment, award, or settlement obtained pursuant
to this section. A judgment, award, or settlement obtained pursuant
to an action under this section shall be subject to begin delete the provisions of end delete
Section 13963 of the Government Code.

begin delete

(g)

end delete

begin insert (h) end insert  A civil action filed under this section shall be stayed during
the pendency of any criminal action arising out of the same
occurrence in which the claimant is the victim. As used in this
section, a “criminal action” includes investigation and prosecution,
and is pending until a final adjudication in the trial court or
dismissal.

SEC. 2.  

Section 354.8 is added to the Code of Civil Procedure,
to read:

354.8.  

(a) Notwithstanding any other law, including, but not
limited to Section 335.1, the following actions shall be commenced
within 10 years:

(1) An action for assault, battery, or both, where the conduct
constituting the assault or battery would also constitute any of the
following:

(A) An act of torture, as described in Section 206 of the Penal
Code.

(B) An act of genocide, as described in Section 1091(a) of Title
18 of the United States Code.

(C) A war crime, as defined in Section 2441 of Title 18 of the
United States Code.

(D) An attempted extrajudicial killing, as defined in Section
3(a) of Public Law 102-256.

(E) (i) Crimes against humanity.

(ii) For purposes of this paragraph, “crimes against humanity”
means any of the following acts as part of a widespread or
systematic attack directed against a civil population, with
knowledge of the attack:

(I) Murder.

(II) Extermination.

(III) Enslavement.

(IV) Forcible transfer of population.

(V) Arbitrary detention.

(VI) Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of sexual
violence of comparable gravity.

(VII) Persecution on political, race, national, ethnic, cultural,
religious, or gender grounds.

(VIII) Enforced disappearance of persons.

(IX) Other inhuman acts of similar character intentionally
causing great suffering, serious bodily injury, or serious mental
injury.

(2) An action for wrongful death, where the death arises out of
conduct constituting any of the acts described in paragraph (1), or
where the death would constitute an extrajudicial killing, as defined
in Section 3(a) of Public Law 102-256.

begin delete

(3) An action brought pursuant to Section 52.5 of the Civil Code.

end delete begin delete

(4)

end delete

begin insert (3) end insert  An action for the taking of property in violation of
international law, in which either of the following apply:

(A) That property, or any property exchanged for such property,
is present in the United States in connection with a commercial
activity carried on in the United States by a foreign state.

(B) That property, or any property exchanged for such property,
is owned or operated by an agency or instrumentality of a foreign
state and that agency or instrumentality is engaged in a commercial
activity in the United States.

begin delete

(5)

end delete

begin insert (4) end insert  An action seeking benefits under an insurance policy where
the insurance claim arises out of any of the conduct described in
paragraphs (1) to begin delete (4), end delete begin insert (3), end insert inclusive.

(b) An action brought under this section shall not be dismissed
for failure to comply with any previously applicable statute of
limitations.

(c) Section 361 shall not apply to an action brought under this
section.

(d) A prevailing plaintiff may be awarded reasonable attorney’s
fees and litigation costs including, but not limited to, expert witness
fees and expenses as part of the costs.

begin insert

(e) (1) This section shall apply to all actions commenced
concerning an act described in paragraphs (1) to (4), inclusive,
of subdivision (a), that occurs on or after January 1, 2016.

end insert begin delete

(e)

end delete

begin insert (2) end insert  This section shall begin insert also end insert be construed to apply retroactively,
and shall apply regardless of when an action or claim accrues or
is filed and regardless of whether it may have lapsed or otherwise
been barred by time under the laws of the begin delete state. end delete begin insert state, if the conduct
or action upon which the victim’s or plaintiff’s claim is based
occurred within 115 years before January 1, 2016. end insert

(f) This section shall apply to all pending and begin delete future end delete
begin insert statutorily-barred end insert actions commenced on or before January 1,
begin delete 2016, end delete begin insert 2018, end insert including any actions dismissed based on the
expiration of statutes of limitations in effect before January 1,
2016, if the judgment in that action is not yet final or if the time
for filing an appeal from a decision on that action has not expired,
if the action concerns an act described in paragraphs (1) to begin delete (5), end delete
begin insert (4), end insert inclusive, of subdivision (a), that occurred within 115 years
before January 1, 2016.

(g) The provisions of this section are severable. If any provision
of this act or its application is held invalid, that invalidity shall not
affect other provisions or applications that can be given effect
without the invalid provision or application.