Miscellaneous
SB 527 (1991)
extends the requirement for a certificate of merit in actions
extends the requirement for a certificate of merit in actions against engineers, architects and surveyors.
Good Samaritan Reform: AB 83 (2009)
Provided non-medical Good Samaritans the same liability protections afforded medical
Provided non-medical Good Samaritans the same liability protections afforded medical Good Samaritans. The bill stemmed from the California Supreme Court’s ruling in Van Horn v. Watson, in which Lisa Torti rescued Alexandra Van Horn from a vehicle involved
in an accident, and, in doing so, might have caused Ms. Van Horn’s subsequent paralysis. The Court determined that Health and Safety Code Section 1799.102 provides liability protection only to medical professionals who provide emergency medical care. The Court’s interpretation meant that though Ms. Torti may have reasonably believed that removing Ms. Van Horn from a potentially explosive car was necessary to save her life, Ms. Torti may still be sued for injuries allegedly caused by the rescue. A.B. 83 amended Health and Safety Code Section 1799.102 to ensure that it provides liability protections to all people, both medical and laypeople, who help out in good faith at the scene of an emergency
Construction Liability Reform: SB 800 (2002)
Allows a builder an opportunity to cure an alleged defect
California Notes
In 1995, the Chief Justice of the California Supreme Court
In 1995, the Chief Justice of the California Supreme Court and the California Judicial Council, the research and policymaking body of the court system, established a Blue Ribbon Commission on jury reform. Several of the Commission’s recommendations involved universal service such as providing mandatory procedures for enforcing jury summonses, increasing juror fees, requiring all employers to continue paying usual compensation for the first three days of jury service, developing tax credits for employers continuing to pay employees during jury service, and providing a list of factors judges should use when making the “good cause” determination. The Judicial Council appears to have had limited success convincing the legislature to implement its recommendations. In 2002, California trial courts adopted a one-day/one-trial system to lessen the burden of service on jurors and the California Supreme Court amended California Rules of Court 701 to strengthen standards for hardship excuses.
Barring Admission of a Defendant’s Sympathy: AB 2723 (2002)
Provided for the inadmissibility of certain evidence as a matter
Provided 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, which are inadmissible as evidence of an admission of liability in a civil action. The reform did not make admissions of fault inadmissible.