SB-29
Civil Rights & Liberties
Civil actions: decedent’s cause of action.
Introduced
California
2025-2026 Regular Session
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Key Takeaways
  • Expands the types of damages that can be recovered in lawsuits filed by representatives of deceased persons.
  • Removes time restrictions on when certain damages like pain and suffering can be claimed after death.
  • Eliminates requirements for courts to report settlement and judgment details to the Legislature.
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Progress
10% progression
Bill has been formally introduced and read for the first time in its house of origin (12/2/2024)
Probability of Passing
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Summary

Senator Laird's proposal to modify California's civil procedure code would remove existing time restrictions on when decedents' representatives can recover damages for pain, suffering, and disfigurement in civil actions. The current law permits these damages only in cases granted preference before January 2022 or filed between January 2022 and January 2026.

The legislation eliminates requirements for plaintiffs to submit judgments and settlement agreements to the Judicial Council, along with the Council's obligation to report this information to the Legislature. Under the proposed changes, personal representatives or successors in interest could pursue all damages the decedent sustained before death, including penalties and punitive damages, without temporal limitations. The bill maintains existing provisions regarding medical injury compensation caps and elder abuse claims under the Welfare and Institutions Code.

This measure would operate within the standard court system, requiring no new state funding or enforcement mechanisms. Courts and legal practitioners would apply the expanded parameters for damage recovery through existing judicial processes once the changes take effect.

Author
John Laird
John LairdD
California State Senator
Community Outlook
No votes yet
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Total Votes: 0
Key Dates
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Senate Floor
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Latest Voting History
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