CJAC Removes Opposition to SB 447 Following Significant Amendments
After months of activity and extensive negotiations to
amend SB
447 (Laird), pertaining to pain and suffering damages in
survivor actions, CJAC and a large business coalition removed its
opposition to the bill in early September.
SB 447 expands the ability to recover pain and suffering damages
to survivor actions. As originally proposed, SB 447 would have
been permanent but was amended earlier in the year to apply a
four-year sunset. Under the most recent set of amendments
negotiated by CJAC and the opposition coalition, the bill
limits the recovery to cases that were granted preference under
Civil Procedure Section 36 prior to 2022 and to cases filed,
rather than accrued, between January 1, 2022 and December 31,
2025. This clarifies and narrows scope of the bill’s
provisions.
The amendments also require plaintiffs’ attorneys to notify
the California Judicial Council when these cases are filed and
disposed, along with the type and amount of damages awarded. The
council will have to compile a report of this information and
transmit it to the Legislature by January 1, 2025. Data of this
nature is typically not available, so having access to it will be
key, as we expect the trial attorneys to seek legislation in 2025
to extend the sunset.
SB 447 was passed by the Legislature and is currently on the
Governor’s desk.
CJAC is pleased that bill author Senator Laird was willing to
work with the opposition to limit SB 447’s application, and we
will have the means to evaluate its effects on California’s
courts, consumers, and businesses should the Governor sign it.