Journal of Consumer Attorneys Associations for Southern California

Update from CAOC Nancy Peverini CAOC LEGISLATIVE DIRECTOR September 2020

An annus horribilis FROM THE STATUTES OF LIMITATION EXTENSIONS TO THE CIVIL RIGHTS CRISIS TO IMMUNITY BILLS, WE’RE WORKING IN SACRAMENTO TO PROTECT THE LEGAL RIGHTS OF ALL CITIZENS

SACRAMENTO UPDATE to aid our members as we navigate AB 2723 (Chiu) will streamline these uncharted waters together. settlement procedures by allowing On the 24th day of November CAOC is addressing the civil attorneys to sign to authorize a 1992, the Queen of England gave a rights crisis that is upon us by settlement agreement on their client’s speech to mark the 40th anniversary supporting a wide range of bills aimed behalf. AB 2723 will allow a settlement of her Accession and referred to that at stopping the illegal use of force by agreement reached at mediation to be year’s events as part of an “annus police and better enforcement of civil enforceable by the court, even if one horribilis.” With all due respect to the rights violations. We are prioritizing or more of the parties is not present. Queen, I think we have her beat in SB 731 (Bradford), a California In every crisis, there are 2020. Legislative Black Caucus priority bill opportunists promoting self-gain. This has been a year like no sponsored by the ACLU that seeks to The COVID-19 pandemic is no other as the pandemic has forced prevent the illegal use of force and different. Large corporations, nursing major life adjustments – working and ensure accountability when illegal use homes, public entities and others have representing clients remotely, facing of force occurs by (1) creating a used the coronavirus as an excuse to the challenges of social distancing decertification process for officers obtain wide-ranging and unrelated and, for those with children, fired because of misconduct and (2) immunity for negligent acts. In early accommodating distance learning. restoring the original strength and April we faced efforts by the tort We also are facing a civil rights crisis legislative intent of California’s Tom reform group CJAC, the Chamber of spawned by the police killing of Bane Civil Rights Act, which has been Commerce and Republican lawmakers George Floyd. undercut by errant court rulings over to place a moratorium on PAGA suits Yet, we all strive to meet the recent decades. through the end of the COVID challenges of this annus horribilis. Other priority bills include AB pandemic. CAOC quickly organized At CAOC, we are working daily to 3262 (Stone) that will hold online with our labor allies to thwart those meet these challenges, fight for legal marketplaces like Amazon to the same efforts. Foes quickly regrouped and rights via our sponsored bills and to legal standard as traditional brick- sought an executive order from the defeat horrible immunity bills that and-mortar businesses when internet governor to immunize any business have arisen. retailers place dangerous products in operating during the pandemic. When We understand, first and the stream of commerce. This bill will that effort failed, they introduced a foremost, that without a functioning ensure that California does not number of bills in late June to court system, you cannot do your job continue to subsidize online immunize small businesses, and properly represent your clients. commerce, which has a spotty product Residential Care Facilities for the While Judicial Council emergency safety record, at the expense of Elderly (RCFEs), K-12 schools and rules for electronic service and remote injured Californians. colleges for any negligence resulting depositions emergency rules will SB 1146 (Umberg) will enshrine in COVID infections. CAOC opposed continue until 90 days after the the use of online video for remote the legislative immunity bills and governor lifts the state of emergency, depositions and electronic service of organized a large coalition in the statute of limitations extension will process to reduce the backlog of cases opposition. Ultimately, not a single be coming to an end in the coming caused by the COVID-19 pandemic. one of these bad bills got a hearing. months. Now that the courts are SB 1146 has recently been amended On behalf of the legislative reopening, the extension in to also address the chaos caused by advocacy team, we want to thank you Emergency Rule 9 ended Aug. 3 for pushed trial dates. It will enact a for your continued support of CAOC. statutes of limitation of 180 days or statewide standard requiring that a We cannot be effective without your less and will be ending Oct. 1 for continuance or postponement of trial support. Thank you. statutes of limitation over 180 days. dates also automatically extends CAOC is also working on a number of discovery deadlines for the same civil procedure bills in the Legislature length of time as the continuance. Y