BILL NUMBER: AB 597 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Cooley
FEBRUARY 24, 2015
An act to amend Section 36 of, and to add
Chapter 6 (commencing with Section 820) to Title 10 of Part 2 of, the
Code of Civil Procedure, relating to civil claims.
LEGISLATIVE COUNSEL'S DIGEST
AB 597, as amended, Cooley. Asbestos Tort Trust Transparency Act.
Existing law provides generally for procedures governing civil
actions. Existing law imposes additional procedures that apply with
respect to limited types of civil actions.
This bill would enact the Asbestos Tort Claim Trust Transparency
Act, which would establish additional procedures with respect to
civil actions pertaining to asbestos tort claims, as defined. The
bill would, among other things, require that a plaintiff produce, at
the same time he or she serves answers to interrogatories, all
asbestos trust claim documents, as specified, and would provide that
these documents are not subject to a claim of privilege. The bill
would also require the plaintiff, in answering interrogatories, to
disclose the facts related to his or her alleged exposure to
asbestos. The bill would authorize a defendant to file a motion to
compel the plaintiff's compliance with the production and disclosure
requirements, as described above. The bill would require the court to
retain jurisdiction over an asbestos tort action for 4 years after
entry of judgment for certain purposes.
Existing law requires a court to grant a petition of a party to a
civil action who is over 70 years of age for a preference if the
court makes certain findings. Existing law authorizes a court to
grant a motion for preference that is supported by a showing that
satisfies the court that the interests of justice will be served by
granting this preference.
This bill provide that a plaintiff is entitled to a trial
preference if he or she has complied with specific disclosure
requirements and would require a plaintiff in an asbestos tort action
who files a motion for preference to submit a sworn affidavit that
he or she has complied with those disclosure requirements.
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 36 of the Code of Civil
Procedure is amended to read:
36. (a) A party to a civil action who is over 70 years of age may
petition the court for preference, which the court shall grant if
the court makes both of the following findings:
(1) The party has a substantial interest in the action as a whole.
(2) The health of the party is such that preference is necessary
to prevent prejudicing the party's interest in the litigation.
(b) A civil action to recover damages for wrongful death or
personal injury shall be entitled to preference upon the motion of
any party to the action who is under 14 years of age unless the court
finds that the party does not have a substantial interest in the
case as a whole. A civil action subject to subdivision (a) shall be
given preference over a case subject to this subdivision.
(c) Unless the court otherwise orders:
(1) A party may file and serve a motion for preference supported
by a declaration of the moving party that all essential parties have
been served with process or have appeared.
(2) At any time during the pendency of the action, a party who
reaches 70 years of age may file and serve a motion for preference.
(d) In its discretion, the court may also grant a motion for
preference that is accompanied by clear and convincing medical
documentation that concludes that one of the parties suffers from an
illness or condition raising substantial medical doubt of survival of
that party beyond six months, and that satisfies the court that the
interests of justice will be served by granting the preference.
(e) Notwithstanding any other law, the court may in its discretion
grant a motion for preference that is supported by a showing that
satisfies the court that the interests of justice will be served by
granting this preference.
(f) Upon the granting of a motion for preference, the court shall
set the matter for trial not more than 120 days from that date and
there shall be no continuance beyond 120 days from the granting of
the motion for preference except for physical disability of a party
or a party's attorney, or upon a showing of good cause stated in the
record. A continuance shall be for no more than 15 days and no more
than one continuance for physical disability may be granted to any
party.
(g) Upon the granting of a motion for preference pursuant to
subdivision (b), a party in an action based upon a health provider's
alleged professional negligence, as defined in Section 364, shall
receive a trial date not sooner than six months and not later than
nine months from the date that the motion is granted.
(h) In an asbestos tort action, as defined in Section 821, a
plaintiff shall be entitled to preference if he or she has complied
with the disclosure requirements of subdivision (a) of Section 822. A
plaintiff filing a motion for preference shall submit a sworn
affidavit in support of the motion stating that he or she has
complied with those disclosure requirements.
SEC. 2. SECTION 1. Chapter 6
(commencing with Section 820) is added to Title 10 of Part 2 of the
Code of Civil Procedure, to read:
CHAPTER 6. ACTIONS RELATING TO ASBESTOS TORT CLAIMS
820. This chapter shall be known and may be cited as the Asbestos
Tort Claim Trust Transparency Act.
821. The following terms are defined as follows:
(a) "Asbestos tort action" means any action involving an asbestos
tort claim.
(b) "Asbestos tort claim" means a claim for damages, loss,
indemnification, contribution, restitution, or other relief,
including punitive damages, related to personal injury or death of a
person arising out of an alleged exposure to asbestos, including,
without limitation, lost earnings or earning capacity, medical
expenses, medical monitoring, loss of consortium, loss of the ability
to provide household services, loss of love, companionship, comfort,
care, assistance, protection, affection, society, moral support,
training and guidance, mental or emotional distress, pain and
suffering, or any other harm that may be asserted under law.
(c) "Asbestos trust" means a trust entity, qualified settlement
fund, or claims processing facility established or in the process of
being established pursuant to an administrative or legal action or a
United States Bankruptcy court pursuant to Section 524(g) of Title
11, or Section 40101 of Title 49, of the United States Code, or other
law formed for the purpose of compensating claimants asserting
eligible asbestos tort claims.
(d) "Asbestos trust claim" means any asbestos tort claim filed or
that could be filed with an asbestos trust.
(e) "Asbestos trust claim documents" means all writings, as
defined by Section 250 of the Evidence Code, and information relevant
to a pending or potential claim against an asbestos trust, including
any communications between the plaintiff and an asbestos trust and
all proof of claim forms and supplementary or supporting materials
submitted to or required by an asbestos , trust,
including, without limitation, affidavits, declarations,
interrogatory responses, deposition and trial testimony, economic
loss documentation, medical records, death certificate and
certificate certificates and certificates of
official capacity.
(f) "Include" or "including" means include or including, but not
limited to.
(g) "Plaintiff" means a plaintiff in an asbestos tort action and
any person acting on the plaintiff's behalf, including , but
not limited to, the plaintiff's attorney.
822. (a) A plaintiff in an asbestos tort action shall produce, at
the same time he or she serves answers to interrogatories propounded
pursuant to Article 1 (commencing with Section 2030.010) of Chapter
13 of Title 4 of Part 4, all asbestos trust claim documents sent to,
received from, shown to, exchanged with, or otherwise disclosed to an
established or pending asbestos trust, including an asbestos trust
administrator or his or her agents, a court supervising an asbestos
trust or its agents, or an asbestos trust claims processing facility
or its agents, for any purpose, including supporting a claim for an
asbestos-related injury, or providing notice of, or reserving a place
for, a future claim for compensation for an asbestos-related injury.
(b) A production of documents made pursuant to subdivision (a)
shall include all of the following:
(1) Ballots.
(2) Questionnaires.
(3) Submitted or filed forms.
(4) Summaries.
(5) Claims.
(6) Placeholder claims.
(7) Requests for extensions.
(8) Requests for details.
(9) All documents that support the documents described in
paragraphs (1) to (8), inclusive.
(10) All communications related to the documents described in
paragraphs (1) to (8), inclusive.
(11) All documents filed, lodged, or submitted on or after January
1, 2017, pursuant to Rule 2019 of the Federal Rules of Bankruptcy
Procedure.
(c) The plaintiff shall supplement the information and materials
produced pursuant to subdivisions (a), (b), and (d), no later than
five days before trial. Documents related to bankruptcy claims and
declarations shall be produced when those documents and declarations
are received or submitted, but no later than five days before trial.
(d) In addition to the production required by subdivisions (a) and
(b), declarations and affidavits in the plaintiff's possession that
have been circulated to a person or entity other than the plaintiff
and that include facts regarding the plaintiff's or decedent's
exposure to asbestos or an asbestos-related injury shall be produced
for each asbestos tort claim.
(e) Documents described in subdivisions (a), (b), and (d) are not
subject to a claim of privilege and shall be produced for each
asbestos tort claim.
(f) (1) In answering interrogatories propounded pursuant to
Article 1 (commencing with Section 2030.010) of Chapter 13 of Title 4
of Part 4, the plaintiff shall disclose the facts relating to his or
her alleged exposure to asbestos, whether from products or premises
attributable to the defendant that propounded the interrogatories or
attributable to another entity, and regardless of whether the facts
have been, or ever will be, included in an asbestos tort claim
submitted to a third party for the purposes
purpose of obtaining compensation for an asbestos-related
injury.
(2) The plaintiff shall not object or refuse to disclose facts
related to his or her asbestos exposure in answering interrogatories
on the basis of any of the following:
(A) An asbestos trust claim has not been made.
(B) An asbestos trust claim will not be made.
(C) The facts appear in an otherwise privileged document ,
including a signed affidavit or unsubmitted bankruptcy trust
claim form.
(3) The attorney-client privilege and the attorney work product
privilege are not waived by disclosing facts pursuant to this
subdivision.
(g) If a plaintiff fails to comply with requirements of
subdivisions (a) to (d), inclusive, the defendant may file a motion
to compel compliance with the requirements of subdivisions (a) to
(d), inclusive.
823. At the same time a plaintiff answers interrogatories and
produces documents pursuant to subdivisions (a), (b), and (d), of
Section 822, the plaintiff shall execute and provide an
authorization, as may be required by an asbestos trust, to facilitate
the release of asbestos trust claim documents sought by the
defendant.
824. (a) In an asbestos tort action, a court shall retain
jurisdiction over the action for four years after entry of judgment
to hear motions, order discovery, make determinations regarding
reduction of claims pursuant to Section 877 for any sums received by
a plaintiff from an asbestos trust or from other defendants, whether
received before or after entry of judgment, or to otherwise make
determinations or enforce remedies regarding issues related to this
chapter.
(b) This section does not limit or otherwise affect any rights or
remedies otherwise available under the law.
available.
825. This chapter shall apply applies
to all asbestos tort actions filed on or after January 1, 2017,
and all asbestos tort actions pending on January 1, 2017, if the
initial trial date in the asbestos tort action has not yet passed.