Civil actions: damages.
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SB 41 — Civil actions: damages.
Last action — Chaptered by Secretary of State. Chapter 136, Statutes of 2019.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 03, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 D).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law authorizes a person who suffers a loss or harm to that person or that person's property, from an unlawful act or omission of another to recover monetary compensation, known as damages, from the person in fault. Existing law specifies the measure of damages as the amount which will compensate for the loss or harm, whether anticipated or not, and requires the damages awarded to be reasonable. This bill would prohibit the estimation, measure, or calculation of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death from being reduced based on race, ethnicity, or gender.
Bill Text
- Chaptered 07/30/19 - Chaptered Current pdf July 30, 2019
- Enrolled 07/15/19 - Enrolled pdf July 15, 2019
- Amended 06/10/19 - Amended Assembly pdf June 10, 2019
- Amended 05/02/19 - Amended Senate pdf May 02, 2019
- Introduced 12/03/18 - Introduced pdf December 03, 2018
- SB41 View text html
Action History
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Chaptered by Secretary of State. Chapter 136, Statutes of 2019.
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Approved by the Governor.
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Enrolled and presented to the Governor at 2 p.m.
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Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2055.) Ordered to engrossing and enrolling.
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Ordered to special consent calendar.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 78. Noes 0. Page 2488.) Ordered to the Senate.
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. (Ayes 11. Noes 0.) (June 4).
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Referred to Com. on JUD.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 38. Noes 0. Page 955.) Ordered to the Assembly.
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 9. Noes 0. Page 905.) (April 30).
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Set for hearing April 30.
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Referred to Com. on JUD.
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From printer. May be acted upon on or after January 3.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Hertzberg · Primary
- Bob Archuleta · Cosponsor
- Beall · Cosponsor
- Mitchell · Cosponsor
- Chiu · Cosponsor
- Robert Rivas · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 116 not signed on
Sponsors (1)
- Hertzberg
Co-sponsors (5)
- Archuleta, Bob Democratic
- Beall
- Mitchell
- Chiu
- Rivas, Robert Democratic
Not signed on (116)
116 members have not signed on to this bill.
Show all 116 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 0 | 0 | 1 |
| Democratic | 10 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Rubio | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Wilk | — | Yea |
| Beall | — | Yea |
| Atkins | — | Yea |
| Hill | — | Yea |
| Roth | — | Yea |
| Morrell | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Dodd | — | Yea |
| Moorlach | — | Yea |
| Skinner | — | Yea |
| Allen | — | Yea |
| Galgiani | — | Yea |
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Glazer | — | Yea |
| Nielsen | — | Yea |
| Chang | — | Yea |
| Pan | — | Yea |
| Borgeas | — | Not Voting |
| Mark Stone | — | Yea |
| Archuleta, Bob | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 0 | 0 | 0 |
| Democratic | 21 | 0 | 0 | 1 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 78 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Mathis | — | Yea |
| Cooley | — | Yea |
| Diep | — | Yea |
| Chau | — | Yea |
| Quirk | — | Yea |
| Low | — | Yea |
| Burke | — | Yea |
| Cooper | — | Yea |
| Rendon | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Gonzalez | — | Yea |
| Bloom | — | Yea |
| Voepel | — | Yea |
| Rodriguez | — | Yea |
| Chiu | — | Yea |
| Gray | — | Yea |
| Maienschein | — | Yea |
| Mullin | — | Yea |
| Kamlager-Dove | — | Yea |
| Medina | — | Yea |
| Chu | — | Yea |
| Ting | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Waldron | — | Yea |
| Salas | — | Yea |
| Brough | — | Yea |
| Gloria | — | Yea |
| Obernolte | — | Yea |
| Holden | — | Yea |
| Daly | — | Yea |
| Jones-Sawyer | — | Yea |
| Friedman | — | Yea |
| Nazarian | — | Yea |
| Weber | — | Yea |
| Fong | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Frazier | — | Yea |
| Bigelow | — | Yea |
| Santiago | — | Yea |
| Eggman | — | Yea |
| Levine | — | Yea |
| Wood | — | Yea |
| Melendez | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Not Voting |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 1 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Fong | — | Yea |
| Chiu | — | Yea |
| Maienschein | — | Yea |
| Holden | — | Yea |
| Gonzalez | — | Yea |
| Chau | — | Yea |
| Obernolte | — | Not Voting |
| Mark Stone | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Gallagher, James | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 0 | 0 | 0 |
| Democratic | 9 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Rubio | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Wilk | — | Yea |
| Beall | — | Yea |
| Atkins | — | Yea |
| Hill | — | Yea |
| Roth | — | Yea |
| Morrell | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Dodd | — | Yea |
| Moorlach | — | Yea |
| Skinner | — | Yea |
| Allen | — | Yea |
| Borgeas | — | Yea |
| Galgiani | — | Yea |
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Glazer | — | Yea |
| Nielsen | — | Yea |
| Chang | — | Yea |
| Pan | — | Yea |
| Mark Stone | — | Yea |
| Archuleta, Bob | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Allen | — | Yea |
| Monning | — | Yea |
| Borgeas | — | Yea |
| Wieckowski | — | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 41 do?
- Existing law authorizes a person who suffers a loss or harm to that person or that person's property, from an unlawful act or omission of another to recover monetary compensation, known as damages, from the person in fault. Existing law specifies the measure of damages as the amount which will compensate for the loss or harm, whether anticipated or not, and requires the damages awarded to be reasonable. This bill would prohibit the estimation, measure, or calculation of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death from being reduced based on race, ethnicity, or gender.
- Who sponsors SB 41?
- SB 41 is sponsored by Hertzberg, Archuleta, Bob (Democratic), Beall, Mitchell, Chiu, and Rivas, Robert (Democratic).
- What is the current status of SB 41?
- This bill has been enacted into law. Introduced December 03, 2018. Enacted.
- Where can I track SB 41?
- Track SB 41 free on One Click Politics — get push/email alerts when it moves.
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