BILL ANALYSIS �
AB 2690
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Date of Hearing: May 8, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2690 (Committee on Judiciary) - As Amended: April 23, 2012
PROPOSED CONSENT
SUBJECT : CIVIL LAW: TORT CLAIMS
KEY ISSUE : SHOULD THE CALIFORNIA CODES BE REVISED IN A
CONSISTENT MANNER TO REFER TO DIVISION 3.6 OF TITLE 1 OF THE
GOVERNMENT CODE AS THE "GOVERNMENT CLAIMS ACT," INSTEAD OF THE
MORE MISLEADING SHORT TITLE "TORT CLAIMS ACT"?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This non-controversial bill, sponsored by the California Law
Revision Commission (CLRC), seeks to enact two recommendations
developed by CLRC. First, the bill would adopt "Government
Claims Act" as the short title for Division 3.6. In addition,
the bill would replace references to the California "Tort Claims
Act" with references to the "Government Claims Act" throughout
the codes-- a practice adopted by the California Supreme Court.
According to CLRC, by officially adopting the new short title
and conforming the codes as recommended, this bill will help to
prevent confusion and ensure consistency with the California
Supreme Court's holding on the matter, and also will ultimately
conserve both judicial and litigant resources. There is no
known opposition to this bill.
SUMMARY : Replaces references to the California "Tort Claims
Act" with references to the "Government Claims Act" throughout
the codes, and adopts "Government Claims Act" as the short title
for Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code.
EXISTING LAW, Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code, titled "Claims and Actions
Against Public Entities and Public Employees," specifies rules
of civil liability that apply to public entities and public
employees in California.
AB 2690
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COMMENTS : This non-controversial bill, sponsored by the
California Law Revision Commission (CLRC), seeks to enact two
recommendations developed by CLRC. First, the bill would adopt
"Government Claims Act" as the short title for Division 3.6
(commencing with Section 810) of Title 1 of the Government Code.
In addition, the bill would replace references to the
California "Tort Claims Act" with references to the "Government
Claims Act" throughout the codes.
According to CLRC, the term "Tort Claims Act" is currently used
in six different code sections to refer to Division 3.6, and
this nomenclature has led to confusion, because Division 3.6 is
not limited to tort claims. For example, the court explained in
Baines Pickwick Ltd. v. City of Los Angeles that "the pervasive
and indiscriminate use of the term Tort Claims Act to refer to
the diverse topics covered by Section 810 et seq. has produced
confusion concerning the applicability of Section 900 et seq. to
matters sounding in contract." (72 Cal. App.4th 298, 309
(1999).) Rather, courts have repeatedly found that some of its
provisions also apply to certain types of contract matters.
Consequently, the California Supreme Court recently adopted the
practice of referring to Division 3.6 as the "Government Claims
Act," so as to "avoid the confusion" created by the informal
short title "Tort Claims Act." The Court explained that
"Government Claims Act" is "an appropriately inclusive term and
an apt short version" of the title given by the 1963
Legislature: "Claims and Actions Against Public Entities and
Public Employees." (City of Stockton v. Superior Court, 42 Cal.
4th 730, 742 n.7 (2007).)
According to CLRC, by officially adopting the new short title
and conforming the codes as recommended, this bill will help to
prevent confusion and ensure consistency with the California
Supreme Court's holding on the matter, and also will ultimately
conserve both judicial and litigant resources.
REGISTERED SUPPORT / OPPOSITION :
Support
California Law Revision Commission
Opposition
AB 2690
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None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334