AB 1510 – Extends The Statute Of Limitations For Civil Actions Related To Sexual Assault

Category: Private Education
Date: Nov 11, 2019 10:59 AM

Existing law sets the time for commencement of any civil action for recovery of damages suffered as a result of sexual assault, as defined, to the later of within 10 years from the date of the last act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff. Existing law provides that this limitation applies to any action of that type that is commenced on or after January 1, 2019.

AB 1510, which went into effect on October 2, 2019, clarifies that it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the sexual assault or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication, in order for a plaintiff to bring a civil action.

AB 1510 revives claims for damages of more than $250,000 arising out of a sexual assault or another inappropriate contact, communication, or activity of a sexual nature by a physician occurring at a student health center between January 1, 1988, and January 1, 2017, that would otherwise be barred prior to October 2, 2019, solely because the applicable statute of limitations has or had expired, and authorizes a cause of action to proceed if already pending in court on October 2, 2019, and if not filed by October 2, 2019, to be commenced between October 2, 2019, and December 31, 2020. 

(AB 1510 amends Section 340.16 of the Code of Civil Procedure, relating to sexual misconduct.)

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