CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2440Introduced by Assembly Member AcostaFebruary 14, 2018 An act to amend Section 1431.2 of the Civil Code, relating to tort liability. LEGISLATIVE COUNSEL'S DIGESTAB 2440, as introduced, Acosta. Tort liability: joint and several liability.The Fair Responsibility Act of 1986, enacted by the voters on June 3, 1986, as Proposition 51, an initiative measure, specifies that in any action for personal injury, property damage, or wrongful death, based upon the principles of comparative fault, the liability of each defendant for noneconomic damages shall be several only and shall not be joint. The act defines terms for that purpose. The act provides that the Legislature may amend the act to further the acts purposes with a 2/3 vote of each house and compliance with specified procedural requirements.This bill would make nonsubstantive changes to that several liability provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1431.2 of the Civil Code is amended to read:1431.2. Several Liability for Non-economic Damages(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.(b) (1) For purposes of this section, the term economic damages means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment employment, and loss of business or employment opportunities.(2) For the purposes of this section, the term non-economic damages means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation reputation, and humiliation.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2440Introduced by Assembly Member AcostaFebruary 14, 2018 An act to amend Section 1431.2 of the Civil Code, relating to tort liability. LEGISLATIVE COUNSEL'S DIGESTAB 2440, as introduced, Acosta. Tort liability: joint and several liability.The Fair Responsibility Act of 1986, enacted by the voters on June 3, 1986, as Proposition 51, an initiative measure, specifies that in any action for personal injury, property damage, or wrongful death, based upon the principles of comparative fault, the liability of each defendant for noneconomic damages shall be several only and shall not be joint. The act defines terms for that purpose. The act provides that the Legislature may amend the act to further the acts purposes with a 2/3 vote of each house and compliance with specified procedural requirements.This bill would make nonsubstantive changes to that several liability provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2440
Introduced by Assembly Member AcostaFebruary 14, 2018
Introduced by Assembly Member Acosta
February 14, 2018
An act to amend Section 1431.2 of the Civil Code, relating to tort liability.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2440, as introduced, Acosta. Tort liability: joint and several liability.
The Fair Responsibility Act of 1986, enacted by the voters on June 3, 1986, as Proposition 51, an initiative measure, specifies that in any action for personal injury, property damage, or wrongful death, based upon the principles of comparative fault, the liability of each defendant for noneconomic damages shall be several only and shall not be joint. The act defines terms for that purpose. The act provides that the Legislature may amend the act to further the acts purposes with a 2/3 vote of each house and compliance with specified procedural requirements.This bill would make nonsubstantive changes to that several liability provision.
The Fair Responsibility Act of 1986, enacted by the voters on June 3, 1986, as Proposition 51, an initiative measure, specifies that in any action for personal injury, property damage, or wrongful death, based upon the principles of comparative fault, the liability of each defendant for noneconomic damages shall be several only and shall not be joint. The act defines terms for that purpose. The act provides that the Legislature may amend the act to further the acts purposes with a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would make nonsubstantive changes to that several liability provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1431.2 of the Civil Code is amended to read:1431.2. Several Liability for Non-economic Damages(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.(b) (1) For purposes of this section, the term economic damages means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment employment, and loss of business or employment opportunities.(2) For the purposes of this section, the term non-economic damages means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation reputation, and humiliation.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1431.2 of the Civil Code is amended to read:1431.2. Several Liability for Non-economic Damages(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.(b) (1) For purposes of this section, the term economic damages means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment employment, and loss of business or employment opportunities.(2) For the purposes of this section, the term non-economic damages means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation reputation, and humiliation.
SECTION 1. Section 1431.2 of the Civil Code is amended to read:
### SECTION 1.
1431.2. Several Liability for Non-economic Damages(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.(b) (1) For purposes of this section, the term economic damages means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment employment, and loss of business or employment opportunities.(2) For the purposes of this section, the term non-economic damages means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation reputation, and humiliation.
1431.2. Several Liability for Non-economic Damages(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.(b) (1) For purposes of this section, the term economic damages means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment employment, and loss of business or employment opportunities.(2) For the purposes of this section, the term non-economic damages means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation reputation, and humiliation.
1431.2. Several Liability for Non-economic Damages(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.(b) (1) For purposes of this section, the term economic damages means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment employment, and loss of business or employment opportunities.(2) For the purposes of this section, the term non-economic damages means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation reputation, and humiliation.
1431.2. Several Liability for Non-economic Damages
(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendants percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.
(b) (1) For purposes of this section, the term economic damages means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment employment, and loss of business or employment opportunities.
(2) For the purposes of this section, the term non-economic damages means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation reputation, and humiliation.