Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3366Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Holden, Kalra, Kiley, Maienschein, Obernolte, and Reyes)March 05, 2020An act to amend Sections 43.4, and 43.5 of the Civil Code, relating to personal rights.An act to amend Section 354 of the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 3366, as amended, Committee on Judiciary. Personal rights: civil actions and damages.Civil actions: statutes of limitation: emergencies.Existing law requires a civil action to be commenced within a specified period of time after the cause of action on which the action is based accrues. Under existing law, that period of time varies based on the cause of action. Existing law provides that when a person is under a disability to commence a civil action due to the existence of a state of war, the time during which that disability continues is not part of the time period limited for the commencement of the action.This bill would provide that a proclaimed state of emergency, as defined, constitutes a disability for purposes of the provisions described above.Existing law establishes that a fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.This bill would also provide that a fraudulent promise to enter into a domestic partnership or to cohabit after entering into a domestic partnership does not give rise to a cause of action for damages.Existing law prohibits bringing certain types of civil actions, including those based on breach of promise of marriage.This bill would also prohibit a cause of action arising from a promise to enter into a domestic partnership, or to cohabit after marriage or after entering into the domestic partnership.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 354 of the Code of Civil Procedure is amended to read:354. (a) When a person is, by reason of the existence of a state of war, under a disability to commence an action, is under a disability to commence an action by reason of the existence of a state of war or a proclaimed state of emergency the time of the continuance of such the disability is not part of the period limited for the commencement of the action whether such the cause of action shall have accrued prior to or during the period of such the disability.(b) For purposes of this section, a proclaimed state of emergency means a duly proclaimed state of emergency or local emergency pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).(c) In the event of a proclaimed local emergency, as authorized in Article 14 (commencing with Section 8630) of Chapter 7 of Division 1 of Title 2 of the Government Code, any extension of time to commence a cause of action shall only apply if the local emergency has been proclaimed in the county in which the plaintiff resides or in the county with which the action is commenced.SECTION 1.Section 43.4 of the Civil Code is amended to read:43.4.A fraudulent promise to marry, enter into a domestic partnership, or cohabit after marriage or after the formation of the domestic partnership does not give rise to a cause of action for damages.SEC. 2.Section 43.5 of the Civil Code is amended to read:43.5.No cause of action arises for:(a)Alienation of affection.(b)Criminal conversation.(c)Seduction of a person over the age of legal consent.(d)Breach of promise to marry, enter into a domestic partnership, or cohabit after marriage or after the formation of the domestic partnership.
Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3366Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Holden, Kalra, Kiley, Maienschein, Obernolte, and Reyes)March 05, 2020An act to amend Sections 43.4, and 43.5 of the Civil Code, relating to personal rights.An act to amend Section 354 of the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 3366, as amended, Committee on Judiciary. Personal rights: civil actions and damages.Civil actions: statutes of limitation: emergencies.Existing law requires a civil action to be commenced within a specified period of time after the cause of action on which the action is based accrues. Under existing law, that period of time varies based on the cause of action. Existing law provides that when a person is under a disability to commence a civil action due to the existence of a state of war, the time during which that disability continues is not part of the time period limited for the commencement of the action.This bill would provide that a proclaimed state of emergency, as defined, constitutes a disability for purposes of the provisions described above.Existing law establishes that a fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.This bill would also provide that a fraudulent promise to enter into a domestic partnership or to cohabit after entering into a domestic partnership does not give rise to a cause of action for damages.Existing law prohibits bringing certain types of civil actions, including those based on breach of promise of marriage.This bill would also prohibit a cause of action arising from a promise to enter into a domestic partnership, or to cohabit after marriage or after entering into the domestic partnership.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly May 04, 2020
Amended IN Assembly May 04, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 3366
Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Holden, Kalra, Kiley, Maienschein, Obernolte, and Reyes)March 05, 2020
Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Holden, Kalra, Kiley, Maienschein, Obernolte, and Reyes)
March 05, 2020
An act to amend Sections 43.4, and 43.5 of the Civil Code, relating to personal rights.An act to amend Section 354 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3366, as amended, Committee on Judiciary. Personal rights: civil actions and damages.Civil actions: statutes of limitation: emergencies.
Existing law requires a civil action to be commenced within a specified period of time after the cause of action on which the action is based accrues. Under existing law, that period of time varies based on the cause of action. Existing law provides that when a person is under a disability to commence a civil action due to the existence of a state of war, the time during which that disability continues is not part of the time period limited for the commencement of the action.This bill would provide that a proclaimed state of emergency, as defined, constitutes a disability for purposes of the provisions described above.Existing law establishes that a fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.This bill would also provide that a fraudulent promise to enter into a domestic partnership or to cohabit after entering into a domestic partnership does not give rise to a cause of action for damages.Existing law prohibits bringing certain types of civil actions, including those based on breach of promise of marriage.This bill would also prohibit a cause of action arising from a promise to enter into a domestic partnership, or to cohabit after marriage or after entering into the domestic partnership.
Existing law requires a civil action to be commenced within a specified period of time after the cause of action on which the action is based accrues. Under existing law, that period of time varies based on the cause of action. Existing law provides that when a person is under a disability to commence a civil action due to the existence of a state of war, the time during which that disability continues is not part of the time period limited for the commencement of the action.
This bill would provide that a proclaimed state of emergency, as defined, constitutes a disability for purposes of the provisions described above.
Existing law establishes that a fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.
This bill would also provide that a fraudulent promise to enter into a domestic partnership or to cohabit after entering into a domestic partnership does not give rise to a cause of action for damages.
Existing law prohibits bringing certain types of civil actions, including those based on breach of promise of marriage.
This bill would also prohibit a cause of action arising from a promise to enter into a domestic partnership, or to cohabit after marriage or after entering into the domestic partnership.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 354 of the Code of Civil Procedure is amended to read:354. (a) When a person is, by reason of the existence of a state of war, under a disability to commence an action, is under a disability to commence an action by reason of the existence of a state of war or a proclaimed state of emergency the time of the continuance of such the disability is not part of the period limited for the commencement of the action whether such the cause of action shall have accrued prior to or during the period of such the disability.(b) For purposes of this section, a proclaimed state of emergency means a duly proclaimed state of emergency or local emergency pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).(c) In the event of a proclaimed local emergency, as authorized in Article 14 (commencing with Section 8630) of Chapter 7 of Division 1 of Title 2 of the Government Code, any extension of time to commence a cause of action shall only apply if the local emergency has been proclaimed in the county in which the plaintiff resides or in the county with which the action is commenced.SECTION 1.Section 43.4 of the Civil Code is amended to read:43.4.A fraudulent promise to marry, enter into a domestic partnership, or cohabit after marriage or after the formation of the domestic partnership does not give rise to a cause of action for damages.SEC. 2.Section 43.5 of the Civil Code is amended to read:43.5.No cause of action arises for:(a)Alienation of affection.(b)Criminal conversation.(c)Seduction of a person over the age of legal consent.(d)Breach of promise to marry, enter into a domestic partnership, or cohabit after marriage or after the formation of the domestic partnership.
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 354 of the Code of Civil Procedure is amended to read:354. (a) When a person is, by reason of the existence of a state of war, under a disability to commence an action, is under a disability to commence an action by reason of the existence of a state of war or a proclaimed state of emergency the time of the continuance of such the disability is not part of the period limited for the commencement of the action whether such the cause of action shall have accrued prior to or during the period of such the disability.(b) For purposes of this section, a proclaimed state of emergency means a duly proclaimed state of emergency or local emergency pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).(c) In the event of a proclaimed local emergency, as authorized in Article 14 (commencing with Section 8630) of Chapter 7 of Division 1 of Title 2 of the Government Code, any extension of time to commence a cause of action shall only apply if the local emergency has been proclaimed in the county in which the plaintiff resides or in the county with which the action is commenced.
SECTION 1. Section 354 of the Code of Civil Procedure is amended to read:
### SECTION 1.
354. (a) When a person is, by reason of the existence of a state of war, under a disability to commence an action, is under a disability to commence an action by reason of the existence of a state of war or a proclaimed state of emergency the time of the continuance of such the disability is not part of the period limited for the commencement of the action whether such the cause of action shall have accrued prior to or during the period of such the disability.(b) For purposes of this section, a proclaimed state of emergency means a duly proclaimed state of emergency or local emergency pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).(c) In the event of a proclaimed local emergency, as authorized in Article 14 (commencing with Section 8630) of Chapter 7 of Division 1 of Title 2 of the Government Code, any extension of time to commence a cause of action shall only apply if the local emergency has been proclaimed in the county in which the plaintiff resides or in the county with which the action is commenced.
354. (a) When a person is, by reason of the existence of a state of war, under a disability to commence an action, is under a disability to commence an action by reason of the existence of a state of war or a proclaimed state of emergency the time of the continuance of such the disability is not part of the period limited for the commencement of the action whether such the cause of action shall have accrued prior to or during the period of such the disability.(b) For purposes of this section, a proclaimed state of emergency means a duly proclaimed state of emergency or local emergency pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).(c) In the event of a proclaimed local emergency, as authorized in Article 14 (commencing with Section 8630) of Chapter 7 of Division 1 of Title 2 of the Government Code, any extension of time to commence a cause of action shall only apply if the local emergency has been proclaimed in the county in which the plaintiff resides or in the county with which the action is commenced.
354. (a) When a person is, by reason of the existence of a state of war, under a disability to commence an action, is under a disability to commence an action by reason of the existence of a state of war or a proclaimed state of emergency the time of the continuance of such the disability is not part of the period limited for the commencement of the action whether such the cause of action shall have accrued prior to or during the period of such the disability.(b) For purposes of this section, a proclaimed state of emergency means a duly proclaimed state of emergency or local emergency pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).(c) In the event of a proclaimed local emergency, as authorized in Article 14 (commencing with Section 8630) of Chapter 7 of Division 1 of Title 2 of the Government Code, any extension of time to commence a cause of action shall only apply if the local emergency has been proclaimed in the county in which the plaintiff resides or in the county with which the action is commenced.
354. (a) When a person is, by reason of the existence of a state of war, under a disability to commence an action, is under a disability to commence an action by reason of the existence of a state of war or a proclaimed state of emergency the time of the continuance of such the disability is not part of the period limited for the commencement of the action whether such the cause of action shall have accrued prior to or during the period of such the disability.
(b) For purposes of this section, a proclaimed state of emergency means a duly proclaimed state of emergency or local emergency pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).
(c) In the event of a proclaimed local emergency, as authorized in Article 14 (commencing with Section 8630) of Chapter 7 of Division 1 of Title 2 of the Government Code, any extension of time to commence a cause of action shall only apply if the local emergency has been proclaimed in the county in which the plaintiff resides or in the county with which the action is commenced.
A fraudulent promise to marry, enter into a domestic partnership, or cohabit after marriage or after the formation of the domestic partnership does not give rise to a cause of action for damages.
No cause of action arises for:
(a)Alienation of affection.
(b)Criminal conversation.
(c)Seduction of a person over the age of legal consent.
(d)Breach of promise to marry, enter into a domestic partnership, or cohabit after marriage or after the formation of the domestic partnership.