CA: An act to amend Section 340.1 of the Code of Civil Procedure, relating to damages.

Introduced January 24, 2013 by Senator Beall, Coauthor Assembly Member Skinner

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 (a) In an action for recovery of damages suffered as a result of childhood sexual abuse that was not barred by the law in effect prior to January 1, 2014, there shall be no statute of limitations and any of the following actions may be commenced at any time:

(1) An action against any person or entity for directly or vicariously committing an act of childhood sexual abuse.

(2) An action for liability against any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse which resulted in injury to the plaintiff.

(3) An action for liability against any person or entity where an intentional act by that person or entity was a legal cause of the childhood sexual abuse which resulted in injury to the plaintiff.

(b) In an action for recovery of damages suffered as a result of childhood sexual abuse that was barred by the law in effect prior to January 1, 2014, the time for commencement of the action shall be within 30 years of the date the plaintiff attains the age of majority or within five years of the date the fact of the injury and its causal connection to the sexual abuse is first communicated to the plaintiff by a physician, psychologist, or clinical psychologist licensed to practice and practicing within the state, whichever period expires later, for any of the following actions:

(1) An action against any person or entity for directly or vicariously committing an act of childhood sexual abuse.

(2) An action for liability against any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse which resulted in injury to the plaintiff.

(3) An action for liability against any person or entity where an intentional act by that person or entity was a legal cause of the childhood sexual abuse which resulted in injury to the plaintiff.

(c) Any claim for damages that may not be timely commenced under subdivision (a) or subdivision (b), as amended January 1, 2014, is revived and a cause of action may be commenced within one year of January 1, 2014. Nothing in this subdivision is intended to alter the applicable statute of limitations for any claim described in subdivision (a) or (b) that is not time barred by the amendments taking effect on January 1, 2014.

(d) “Childhood sexual abuse” as used in this section includes any act committed against the plaintiff that occurred when the plaintiff was under the age of 18 years and that would have been proscribed by Section 266j of the Penal Code; Section 285 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c) , of Section 286 of the Penal Code; subdivision (a) or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of subdivision (b), or subdivision ( c ), of Section 288a of the Penal Code; subdivision (h), (I), or (j) of Section 289 of the Penal Code; Section 647.6 of the Penal Code; or any prior laws of this state of similar effect at the time the act was committed.

(e) Nothing in this section shall be construed to alter the otherwise applicable burden of proof, as defined in Section 115 of the Evidence Code, that a plaintiff has in a civil action subject to this section.

(f) Nothing in this section is intended to create a new theory of liability.

(g) Nothing in this section is intended to alter the decision in Shirk v. Vista Unified School Dist., (2007) 42 Cal.4th 201.

(h) Nothing in this section is intended to revive any action or cause of action that has been litigated to finality on the merits in any court of competent jurisdiction prior to January 1, 2014.