(1) Existing law provides that there is no time limit for commencement of certain actions for recovery of damages suffered as a result of childhood sexual assault, including an action for liability against any person or entity who owed a duty of care to the plaintiff and an action for liability against any person or entity for an intentional act that was the legal cause of the childhood sexual assault.
This bill would prohibit a plaintiff from refiling an action of the type described above that was dismissed without prejudice if more than 5 years have passed since the filing date of the dismissed action.
(2) Under existing law, bonds, warrants, contracts, obligations, and evidences of indebtedness, for the purpose of validating proceedings, are deemed to be in existence upon their authorization, as specified.
This bill would provide that, for purposes of determining the validity of refunding bonds to refund a tort action judgment entered against a public entity, as specified, indebtedness is deemed to be in existence on the date of the public entity's adoption of a resolution or ordinance that satisfies specified conditions.
(3) Existing law permits a defendant or a cross-defendant in a civil proceeding under the Government Claims Act, or in any civil action for indemnity or contribution, to seek from the court, at the time of the granting of a motion for summary judgment, directed verdict, motion for judgment in a nonjury trial, or nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, a determination of whether the plaintiff, petitioner, cross-complainant, or intervenor brought their proceeding in good faith and with reasonable cause. If the court determines that the proceeding was not brought in good faith or with reasonable cause, existing law requires the court to decide the reasonable and necessary defense costs incurred by the party opposing the proceeding and to render judgment in favor of that party. Existing law applies these provisions only if the defendant or cross-defendant has made a motion for summary judgment, a motion for directed verdict, a motion for judgment in a nonjury trial, or nonsuit.
This bill would expand the above provision to apply to a demurrer brought by a defendant or cross-defendant.

Statutes affected:
SB 577: 1101.5 CIV
02/20/25 - Introduced: 1101.5 CIV
03/26/25 - Amended Senate: 1101.5 CIV