CALIFORNIA REFORMS

Appeal Bond Reform: AB 1752 (2003).  Limits the amount a signatory to the Master Settlement Agreement can be required to pay to secure the right to appeal to $150 million and applies to all judgments in civil litigation regardless of legal theory.

Barring Admission of a Defendant’s Sympathy: AB 2723 (2002).  Provides for the inadmissibility of certain evidence as a matter of public policy, including portions of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person or to the family of that person, provides that admissions of fault are not inadmissible.

Certificate of Merit: SB 527 (1991).  Extends the requirement for a certificate of merit in actions against engineers, architects and surveyors.

Joint and Several Liability Reform: Proposition 51 (1986): Cal. Civ. Code § 1431.2.  Bars application of the rule of joint and several liability in the recovery of noneconomic damages.  The Fair Responsibility Act, which abolished joint liability for noneconomic damages, did not violate the equal protection provisions of the State or Federal Constitutions.  Evangelatos v. Superior Court, 753 P.2d 585 (Cal. 1988).

Medical Liability Reform: Arbitration: The Medical Injury Compensation Reform Act (MICRA) (1975).   Allows patients and physicians to contract for binding arbitration.

Medical Liability Reform: Collateral Source Rule Reform: The Medical Injury Compensation Reform Act (MICRA) (1975): Cal. Civ. Code § 3333.1.  Permits the admissibility of evidence of collateral source payments and amounts paid to secure the benefit.  The collateral source rule reform statute does not violate the equal protection or due process provisions of the State or Federal Constitutions.  Fein v. Permanente Medical Group, 695 P.2d 665 (Cal.), appeal dismissed, 474 U.S. 892 (1985).

Medical Liability Reform: Contingent Fee Reform: The Medical Injury Compensation Reform Act (MICRA) (1975): Cal. Bus. & Prof. Code § 6146(a).  Limits contingent fees in medical liability cases to 40% of the first $50,000 recovered, 33.3% of the next $50,000, and 15% of any amount exceeding $600,000.

Medical Liability Reform: Noneconomic Damages Reform: The Medical Injury Compensation Reform Act (MICRA) (1975): Cal. Civ. Code § 333.2.  Limits noneconomic damages in medical liability cases to $250,000.  The $250,000 limit on noneconomic damages in medical liability actions does not violate the equal protection or due process provisions of the State or Federal Constitutions.  Fein v. Permanente Medical Group, 695 P.2d 665 (Cal.), appeal dismissed, 474 U.S. 892 (1985).

Medical Liability Reform: Periodic Payment of Future Damages: The Medical Injury Compensation Reform Act (MICRA) (1975): Cal.  Code of Civ. Proc. § 667.7.  Permits the periodic payment of judgments in excess of $50,000.  The statute providing for periodic payment of “future damages” in medical malpractice actions, rather than lump-sum payments, does not violate the due process or equal protection provisions of the State Constitution.  American Bank and Trust Co. v. Community Hospital of Los Gatos-Saratoga, Inc., 683 P.2d 670 (Cal. 1984).

Product Liability Reform: SB 241 (1986).  Confirms that under California law, products like foods high in cholesterol, alcohol, and cigarettes, which are inherently unsafe and which ordinary consumers know to be unsafe, should not be the basis for product liability lawsuits.

Punitive Damages Reform: SB 241 (1987): Cal. Civ. Code § 3294(a).  Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with oppression, fraud, or malice.  Requires the determination of awards for punitive damages to be made in a separate proceeding, allowing evidence of defendants’ financial conditions only after a finding of liability.