Civil actions.

Senator Laird's civil procedure reform package modifies California's handling of childhood sexual assault cases, public entity bond financing, and defense challenges to civil actions through three key amendments to the Code of Civil Procedure.

The bill establishes a five-year limit on refiling dismissed childhood sexual assault cases and requires plaintiffs over 40 to obtain certificates of merit from both their attorney and a mental health practitioner before proceeding. These certificates must verify that the attorney has consulted experts and found reasonable cause for the action, while the practitioner must confirm a basis for believing abuse occurred. The measure maintains existing provisions allowing treble damages when defendants are found to have concealed evidence of assault.

For public entities, the legislation clarifies when indebtedness exists for refunding bonds issued to cover tort judgments. Under the new provisions, such debt is deemed to exist when an agency adopts a qualifying resolution that specifies final judgment dates, confirms the judgments' finality, and sets maximum coverage amounts. The bill also expands defendants' ability to challenge civil proceedings by allowing courts to evaluate whether actions were brought in good faith at the demurrer stage, rather than waiting for summary judgment or trial motions.

The amendments apply to sexual assault cases occurring after January 1, 2024, while maintaining previous statutes of limitations for earlier incidents. Public agencies must comply with the new bond validation requirements when refinancing tort-related debt, and defendants seeking to recover defense costs must raise challenges before jury discharge or judgment entry.