Pleadings: motion to strike.
The bill introduces a significant procedural change in how claims against railroads are handled in California courts, particularly those relating to personal injuries or damages in railroad right-of-ways. Under the amendment, the burden shifts somewhat to plaintiffs, who must now establish a likelihood of success to proceed with their claims. This could lead to a decrease in claims filed against railroads, potentially reducing litigation costs for these entities.
Assembly Bill 1785, introduced by Assembly Member Boerner Horvath, modifies existing provisions in the California Code of Civil Procedure and Public Utilities Code, particularly focusing on actions related to railroads. This legislation allows railroad owners and operators, as well as government entities through which railroads operate, to file a special motion to strike causes of action seeking damages for incidents occurring in publicly accessed railroad right-of-ways. Such a motion to strike can be granted unless the plaintiff can demonstrate a likelihood of overcoming the defenses provided by the defendant.
Opinions on AB 1785 are mixed. Supporters believe it offers necessary protections for railroad operators and streamlines litigation processes, thereby encouraging investment and operational efficiency within the transportation sector. Conversely, critics argue that it may hinder legitimate claims, especially those involving public safety, by making it harder for victims to pursue justice in the wake of accidents or injuries that occur on railroad property.
Among the most debated aspects of the bill is the potential reduction in accountability for railroad operators, as some stakeholders express concern that this legislation may enable them to evade responsibility for incidents occurring in right-of-ways that are accessible to the public. Furthermore, the bill's allowance for a special motion to strike raises fears that it could be used as a strategic tool to dismiss cases early, without proper consideration of the facts surrounding each incident.