Wrapping up CAOC’s legislative year

Five CAOC-sponsored bills are signed; also, Survival actions for SB 447 pain and suffering damages must be filed by year end

Five bills sponsored by Consumer Attorneys of California were signed by Governor Newsom this year. There are two other bills we sponsored that are now “two-year bills,” meaning they will be eligible to move in 2026.

SB29: Pain and Suffering must not die with the victim

SB 29 (Laird) seeks to delete or extend the law CAOC successfully sponsored in 2021 (SB 447) to ensure pain and suffering damages do not die with victims. The law is set to expire on January 1, 2026. Unfortunately, in its very last committee, Appropriations, Assembly leadership stalled the bill, using it as leverage for public entity tort reform (which we defeated). We faced proposals that would have gutted child sexual abuse victims’ rights, imposed damage caps and attorney’s fees caps in those cases, and more. The medical industry convinced Planned Parenthood to work against SB 29, leading to additional resistance in the Legislative Women’s Caucus. Released from committee just three days before session ended, SB 29 lacked the time to gather votes for final passage. SB 29 is not dead and remains eligible for action in January. However, until the statute is extended, it is vital that you protect your clients by filing before the current December 31, 2025, expiration date.

AB40: Civil Procedure Changes for electronic service

AB 540 (Connolly) was a CAOC and California Defense Counsel (CDC) bill to enact civil procedure changes. The bill removes the two-day extension to procedural timelines where service is effectuated by electronic service. CAOC and CDC are also in conversations regarding first-look discovery procedures. Towards the end of session, the Judicial Council indicated they would need a delayed implementation date for removing the two-day extension, so CAOC and CDC chose to hold the bill in an attempt to work out first-look language and add it to AB 540 in 2026.

Other bills that would affect your practice

CAOC’s team also worked to oppose or negotiate key bills that would have affected your practice, including:

Caps on non-economic damages: We saw a serious attack to undermine the legal rights of those injured or killed by a public entity. Los Angeles City Attorney Hydee Feldstein Soto had a proposal to cap non-economic damages to three times actual damages or $1 million, whichever was less. CAOC organized more than 35 groups to oppose the proposal, and it did not succeed.

Elimination of joint and several liability for economic damages in public entity cases: Asm. Christopher Ward (D-San Diego) circulated a proposal early in the year that would have eliminated joint and several liability for economic damages and also detrimentally changed the law related to notice in public design defect cases. CAOC, along with key San Diego attorneys, met with Asm. Ward, the city attorneys and legislative leadership for months. Although the bill did not proceed, we expect this effort to eliminate your clients’ rights to continue in 2026.

Restrictions on the legal rights of adult survivors of childhood sexual assault: Survivors faced direct attacks on their legal rights this year by public entities and schools. CAOC advocates spent months attempting to address the important goal of protecting the legal rights of sexual assault survivors while also considering some legitimate concerns raised by public entities following the enactment of the “look-back” statute, which extended the statute of limitations for these cases.

Politically, bills aiming to reduce these important rights were gaining traction. We defeated proposals to drastically change or even eliminate the rights of survivors (SB 832-Allen and a Los Angeles County proposal to eliminate claims) and remain committed to supporting policies that prevent abuse and protect the rights of individuals who have experienced abuse in school settings. We are also dedicated to continuing policy discussions and advancing legislation that balances these objectives while addressing the litigation challenges faced by public entities.

More attacks on consumer and worker rights

We also successfully opposed bills that would have detrimentally changed the law related to privacy, common carrier liability, and employee and worker rights.

Looking ahead to 2026, we face more extreme challenges than we have experienced in years.

Attorney fee initiative for auto cases: A statewide initiative has been filed by Uber that would destroy the legal rights of those killed or injured in auto accidents. Our seasoned political team has organized a strategic response. Rest assured, CAOC is prepared for the fight.

Pre-death pain and suffering: As mentioned above, CAOC is continuing efforts to revive the pain and suffering law in 2026. We will have a challenge ahead, as we navigate strong medical community opposition and broader issues regarding public entity liability concerns. However, until the statute is extended, it is vital that you protect your clients by filing before the current December 31, 2025, expiration date.

Thank you to our partners

The CAOC legislative attorney-advocate team of Nancy Drabble, Lea-Ann Tratten, Jacquie Serna, Saveena Takhar, and I would like to thank CAOC’s 2025 President Geoff Wells, 2024 President Kathryn Stebner, 2026 President Doug Saeltzer and our 2025 Legislative Chair Casey Johnson for their guidance and support of our program. We also thank the tremendous professionals at CAOC who partner with us each year. We truly are a team, and we appreciate everyone’s input and help. Thank you for your support of CAOC’s legislative and political programs and we look forward to continued success in next session.