Liability Reform Insider
CJAC Fights Triple Threat Bills Down to the Wire
This year’s legislative session wrapped up late on Friday,
September 10, and unfortunately several remaining Triple Threat Bills CJAC opposed
during the last weeks of session were sent to the governor’s
desk. CJAC will continue to advocate to the Governor’s
office to veto these measures.
Governor Newsom has until October 10, 2021, to sign or veto these
bills.
Appellate Court Allows Time-Barred Claim to Go Forward as a PAGA Representative Claim
The California Court of Appeal for the Fourth Appellate District recently reversed a ruling in Johnson v. Maxim Healthcare Services, Inc., a case in which an employee brought a claim against her employer under the Private Attorneys General Act (PAGA).
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.
Stalled: AB 1436 Attempt to Expand Definition of Medical Information
CJAC and the business community had a win on August 26 in our opposition efforts against AB 1436 (Chau), which was held in the Senate Appropriations Committee and is now a two-year bill.
Remote Court Proceedings Bill Approved at Eleventh Hour
In the waning hours of the legislative session, SB 241 (Umberg) came together with no opposition to authorize remote court proceedings to continue until 2024.
CJAC Victory: Double Win in Contractor Liability Cases
Two significant cases impacting contractor liability received favorable back-to-back California Supreme Court rulings. CJAC advocated in support of the rulings in both cases with amicus briefs.
After a long wait, the California Supreme Court issued an opinion in Gonzalez v. Mathis in August that said when a homeowner (singing legend Johnny Mathis, in this case) hires a contractor, they delegate the responsibility for workplace safety to the contractor and should not be expected to take measures providing protection against a known hazard.
Court of Appeals Releases Opinion on ‘Reasonable Value’ of Medical Services
On August 11, the Second Appellate District, Div. Eight, released
a disappointing opinion in Qaadir v. Figueroa, et
al., B306011.
The issue: How should a trial court determine the “reasonable
value” of medical services for a plaintiff who eschews existing
health plan coverage and instead obtains treatment from
out-of-plan medical providers who charge hyper-inflated prices in
return for a lien on the plaintiff’s litigation recovery?
CA Supreme Court Takes a Pass on Needed Product Disclosure Duty Guidance
On July 14, the California Supreme Court denied review
in Scott Nalick v. Seagate Technology, S268227. In
June, CJAC submitted a letter brief to the Court urging
review.
The issue: In a lawsuit under California’s
Consumer Legal Remedies Act
and Unfair Competition Law based on a material
omission by the defendant about its product, must a plaintiff
allege and show a safety issue connected to that
omission?
State Bar Names New Chief Trial Counsel
After months of vacancy, the State Bar of California appointed a
new Chief Trial Counsel on August 27, 2021, according to a
press release. Long-time prosecutor George S. Cardona will
lead the Office of Chief Trial Counsel, where he will oversee
investigations and prosecution in disciplinary matters. Cardona
is expected to start October 4, 2021, pending Senate
confirmation.
AG Candidate Anne Marie Schubert Raises $1 Million
CJAC Liability Reform Insider (July 2021) – Sacramento District Attorney Anne Marie Schubert has raised $1 million for her 2022 campaign for attorney general since announcing her candidacy two months ago, the Sacramento Bee reported. She is running on a non-partisan, victim-centered platform and said her donors span the political spectrum. She is well known for her role in taking down the Golden State Killer.
Serial ADA Lawsuit Filer Remains Fast and Furious
CJAC Liability Reform Insider (July 2021) – Sacramento attorney Scott Johnson, who is known for his serial filings of lawsuits for ADA violations around the Sacramento region and the Bay Area, has shown no signs of slowing down in recent months.
State Bar Admits to Mistakes with Girardi Complaints
CJAC Liability Reform Insider (July 2021) – After being called out in a scandalous exposé from the L.A. Times in March, the State Bar of California is now admitting it mishandled its investigation into hundreds of lawsuits and years of complaints against famed attorney Tom Girardi.
Moving forward, the bar may implement tools and processes to better track patterns that could signal misconduct. The agency is also working to disbar Girardi, who has been diagnosed with Alzheimer’s and reportedly does not plan to contest the action or practice law again.
CA Nonprofit Donor Disclosure Requirement Struck Down
CJAC Liability Reform Insider (July 2021) – In a 6-3 ruling, the
U.S. Supreme Court recently struck down a California law that
requires charities and nonprofits operating in the state to
disclose information on top donors to the Attorney General’s
office.
Newsom’s Party Affiliation Will Not Appear on Ballot, Judge Rules
CJAC Liability Reform Insider (July 2021) – A judge ruled Monday that Governor Gavin Newsom will not be permitted to have his Democratic Party preference printed on the recall ballot, a mistake he sought to fix when he sued Secretary of State Shirley Weber after she refused to add his party affiliation.
CJAC Win
Bill Targeting Scooter Companies Stalled
CJAC Liability Reform Insider (July 2021) – AB 371 (Jones-Sawyer), a bill that creates an unnecessary shift of liability for the reckless acts of riders of scooters and other mobility devices to the mobility device companies, is now a two-year bill.
SB 447 Damages Expansion Bill Placed on Appropriations Suspense File
CJAC Liability Reform Insider (July 2021) – CJAC Triple Threat Bill SB 447 (Laird) has been placed on the Suspense File in the Assembly Appropriations Committee, giving CJAC and the oppose coalition more time to work on potential amendments to narrow the bill. It had previously passed out of the Assembly Judiciary Committee in late June with a slim margin.
Contact Tracing Bill Creates New Private Right of Action
CJAC Liability Reform Insider (July 2021) – AB 814 (Levine), a CJAC Triple Threat Bill, passed out of the Senate Judiciary Committee on July 6. The bill prohibits the use of data collected for contact tracing purposes from being used for any purpose except to facilitate contact tracing efforts.
ISPs Shouldn’t Be Responsible for Prop 65 Warnings
CJAC Liability Reform Insider (July 2021) – CJAC filed an amicus
brief on June 7 in the First Appellate District, Div. Two
in Lee v. Amazon.com, Inc., A158275.
The issue: Does the federal Communications Decency Act (CDA)
shield an internet service provider (ISP) like Amazon from
liability for not adding a warning of its own to correct the
failure by third-party sellers to furnish a Proposition 65
warning about the potential toxicity of products they place for
sale on the ISP’s website?
Longtime CA Appellate Justices Bigelow, Benke Retiring
CJAC Liability Reform Insider (July 2021) – Presiding Justice
Tricia A. Bigelow, who serves the Second District Court of
Appeal, Division Eight, retired effective June 30 after
35 years of public service in California. Bigelow was
confirmed to her position in 2010 after serving as an
associate justice for the division. She’s received two
prestigious legal awards and has authored several publications
during her career.
CA Supreme Court Declines to Review Safety Issues under UCL and CLRA
CJAC Liability Reform Insider (July 2021) – On July 14, the
California Supreme Court denied review in Scott Nalick v.
Seagate Technology, S268227. Last month, CJAC submitted a
letter brief to the Court urging review.
The issue: In a lawsuit under California’s
Consumer Legal Remedies Act
and Unfair Competition Law based on a material
omission by the defendant about its product, must a plaintiff
allege and show a safety issue connected to
that omission?