Calif. Gov. Davis Approves Measure to Extend Personal Injury Statute of Limitations

Despite broad opposition from the business community, California Governor Gray Davis has approved a measure that will weaken the process to grant summary judgment motions and extend the statue of limitations for the filing of personal injury lawsuits, according to the American Insurance Association (AIA). “This bill represents a last-minute effort by the trial bar to jam their agenda through the legislative process,” Bill Gausewitz, AIA assistant vice president, state affairs, said.

“This bill makes significant changes to California’s civil justice system. The proponents released the language just six days before the end of session. Very little scrutiny or public input was allowed before this bill was rushed down to the Governor’s desk.”

SB 688, authored by Senate President Pro Tem John Burton (D), extends the statute of limitations for filing personal injury and wrongful death actions from one year to two years. SB 688 also extends the time respondents have to reply to summary judgment motions from 28 days to 75 days.

“Extending the response time for summary judgment motions dilutes the intent of this law,” Gausewitz added. “Trial lawyers say they need this law to have more time to respond to summary judgment motions. Summary judgment motions are designed to weed out meritless lawsuits. A plaintiff’s attorney is supposed to research and evaluate the merits of their claim before they file a lawsuit. Under this new law, the courts will become clogged so trial lawyers can have more time to do their prep work.

“Extending the time to file personal injury lawsuits will make it more difficult for defendants to collect testimony from witnesses, increase the opportunities for fraud and raise the price of premiums because claims will be kept open longer.

“Initially, the trial bar presented the legislature with an extensive wish list. But, an intense lobbying effort by the business community reduced the trial lawyers’ long list of civil justice issues to the two remaining changes contained in SB 688,” Gausewitz concluded.

SB 688 will take effect Jan. 1, 2003.

Topics California