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); Cal Gov Code § 11440.45. 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.
