Civil actions: damages.
Summary
Existing law authorizes the plaintiff, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. This bill would limit punitive damages in those actions to 3 times the award for compensatory damages. This bill would also provide, in a case involving injury or harm allegedly caused by a product, that the manufacturer, distributor, or seller of the product shall not be guilty of oppression, fraud, or malice if, at the time of manufacture, distribution, or sale, the product, or the aspect, component, warning, or absence of warning contained in or accompanying the product that allegedly caused the injury or harm, was either approved by, or in material compliance with, a statute or the standards, rules, regulations, requirements, or specifications of, a federal or state agency responsible for regulating, evaluating, or approving the product, except as specified. Existing law also provides that the measure of damages for the breach of an obligation not arising from contract is the amount that will compensate for all the detriment proximately caused. This bill would provide that in any action for injury based on negligence, the plaintiff shall be entitled to recover noneconomic losses, as provided, not to exceed $250,000.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2010
Committee Review
Floor Vote
Governor
Introduced Feb 19, 2010
Last action Nov 30, 2010
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
8
Key actions
1
Committee
3
Amendments
1
Apr 5, 2010
Committee
Re-referred to Com. on JUD.
lower
Mar 25, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 25, 2010
Committee
Referred to Com. on JUD.
lower
Feb 21, 2010
Lower · Passed
From printer. May be heard in committee March 23.
lower
Feb 19, 2010
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Roger Niello
RRepublican
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