BILL ANALYSIS �
AB 2690
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2690 (Judiciary Committee)
As Amended August 14, 2012
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |76-0 |(May 14, 2012) |SENATE: |36-0 |(August 27, |
| | | | | |2012) |
-----------------------------------------------------------------
Original Committee Reference: JUD.
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.
The Senate amendments add chaptering-out language to resolve
potential conflicts with AB 1736 (Smyth) and SB 1395 (Hancock)
of the current legislative session.
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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : None
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 the 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
AB 2690
Page 2
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.
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0004896