Asbestos tort claims.
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AB 2793 — Asbestos tort claims.
Last action — Re-referred to Com. on JUD.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
(1) Existing law authorizes a party to a civil action to petition the court for preference in the setting of a trial date. Under existing law, the court must grant preference to a party in a civil action who is over 70 years of age and in poor health, as specified. Existing law also permits a court to grant a motion for preference if a party suffers from an illness or condition that could cause the party to die within 6 months and the court finds that justice will be served by granting the preference. This bill would require a court to grant a plaintiff the trial preference in an asbestos tort action, as defined, if the plaintiff submits a certification that he or she has provided certain documents to the defendant that disclose any other legal claims the plaintiff has or might have against an asbestos trust, as specified. The bill would provide that, for a period of 4 years after entry of a judgment in an asbestos action, the court would retain jurisdiction over the action, and would require the plaintiff to provide to all defendants copies of any additional claims filed against asbestos trusts. (2) Existing law generally provides that if multiple parties are potentially liable for the same tort, a claimant's agreement to discharge one of those parties from liability does not discharge the others from liability, as specified, but does reduce the claims against those parties by the amount stipulated to in, or paid under, the agreement, whichever is greater. This bill would extend application of this provision to moneys received, or to be received, by or on behalf of a claimant from an asbestos trust, as specified.
Bill Text
- Amended 04/30/18 - Amended Assembly Current pdf April 30, 2018
- Amended 03/22/18 - Amended Assembly pdf March 22, 2018
- Introduced 02/16/18 - Introduced pdf February 16, 2018
- AB2793 View text html
Action History
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Referred to Com. on JUD.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Kiley · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Kiley
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.
Subjects
Frequently asked questions
- What does AB 2793 do?
- (1) Existing law authorizes a party to a civil action to petition the court for preference in the setting of a trial date. Under existing law, the court must grant preference to a party in a civil action who is over 70 years of age and in poor health, as specified. Existing law also permits a court to grant a motion for preference if a party suffers from an illness or condition that could cause the party to die within 6 months and the court finds that justice will be served by granting the preference. This bill would require a court to grant a plaintiff the trial preference in an asbestos tort action, as defined, if the plaintiff submits a certification that he or she has provided certain documents to the defendant that disclose any other legal claims the plaintiff has or might have against an asbestos trust, as specified. The bill would provide that, for a period of 4 years after entry of a judgment in an asbestos action, the court would retain jurisdiction over the action, and would require the plaintiff to provide to all defendants copies of any additional claims filed against asbestos trusts. (2) Existing law generally provides that if multiple parties are potentially liable for the same tort, a claimant's agreement to discharge one of those parties from liability does not discharge the others from liability, as specified, but does reduce the claims against those parties by the amount stipulated to in, or paid under, the agreement, whichever is greater. This bill would extend application of this provision to moneys received, or to be received, by or on behalf of a claimant from an asbestos trust, as specified.
- Who sponsors AB 2793?
- AB 2793 is sponsored by Kiley.
- What is the current status of AB 2793?
- This bill died with 2017-2018 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 2793?
- Track AB 2793 free on One Click Politics — get push/email alerts when it moves.
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