Cecilia Aguiar-Curry
- Democratic
- Assemblymember
- District 4
Author
Existing law revives certain claims seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff's 18th birthday when one or more entities are legally responsible for damages and the entity or their agents engaged in a cover up, as defined, that would otherwise be barred prior to January 1, 2023, solely because the applicable statute of limitations has or had expired. Existing law authorizes a cause of action for any such claim to proceed if already pending in court on January 1, 2023, or, if not filed by that date, to be commenced between January 1, 2023, and December 31, 2023. Existing law revives such claims brought by a plaintiff to who alleges all of the following: (1) the plaintiff was sexually assaulted, (2) one or more entities are legally responsible for damages arising out of the assault, and (3) the entity or entities engaged in a cover up or attempted cover up, as defined, of a previous instance or allegations of sexual assault. This bill would extend the eligibility period for revival of claims of the type described above to include claims that would otherwise be barred prior to January 1, 2025, because the applicable statute of limitations has or had expired. The bill would instead require a revived claim to allege that the plaintiff was sexually assaulted and that (1) one or more entities or persons are legally responsible for damages arising out of sexual assault by an alleged perpetrator against the plaintiff, and (2) an entity or entities, including their specified representatives, engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault by an alleged perpetrator. The bill would specify that failure to allege a cover up as to one entity does not affect revival of a claim or claims against any other entity or person, including the perpetrator. The bill would permit a cause of action for any such claim to proceed if already pending in court on the effective date of the bill or, if not filed by that date, to be commenced between January 1, 2025, and December 31, 2026. The bill would make conforming changes.
In committee: Held under submission.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 18).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 0. Page 5492.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 2.) (May 16).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 30).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 16.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2587 | HTML |
| 02/14/24 - Introduced | |
| 04/22/24 - Amended Assembly | |
| 05/02/24 - Amended Assembly | |
| 06/20/24 - Amended Senate |
| Document | Format |
|---|---|
| 04/26/24- Assembly Judiciary | |
| 05/06/24- Assembly Appropriations | |
| 05/20/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/14/24- Senate Judiciary | |
| 06/28/24- Senate Appropriations |
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