Asbestos tort claims.
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 status
in committee
1 of 4 stages cleared
Introduction
Feb 2018
Committee Review
Floor Vote
Governor
Introduced Feb 16, 2018
Last action May 1, 2018
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
8
Key actions
2
Committee
5
Amendments
2
May 1, 2018
Committee
Re-referred to Com. on JUD.
lower
Apr 30, 2018
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Apr 23, 2018
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Apr 2, 2018
Committee
Re-referred to Com. on JUD.
lower
Mar 22, 2018
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 22, 2018
Committee
Referred to Com. on JUD.
lower
Feb 17, 2018
Lower · Passed
From printer. May be heard in committee March 19.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Kevin Kiley
RRepublican
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