California 2009-2010 Regular Session Status: In Committee

AB 2740 — Civil actions: damages.

Last action — From committee without further action.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. From committee without further action.

  2. In committee: Set first hearing. Failed passage. Reconsideration granted.

  3. Re-referred to Com. on JUD.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  5. Referred to Com. on JUD.

  6. Read first time.

  7. From printer. May be heard in committee March 23.

  8. Introduced. To print.

Sponsors

  • Niello · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Niello

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Failed 3 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3600
Republican 0100
Total 3700
% of votes cast 30%70%0%0%
How each member voted (10)
Member Party Vote
Hagman — Yea
Feuer — Nay
Monning — Nay
Nava — Nay
Tran — Yea
Brownley — Nay
Knight — Yea
Skinner — Nay
Evans — Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2740 do?
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.
Who sponsors AB 2740?
AB 2740 is sponsored by Niello.
What is the current status of AB 2740?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2740?
Track AB 2740 free on One Click Politics — get push/email alerts when it moves.

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