Governor signs bill allowing wrongful death lawsuit to go forward

Gov. Gavin Newsom has signed 18 bills, including one championed by the Consumer Attorneys of California that will likely result in a school district being hit with a wrongful death lawsuit today.

AB 2445 will allow legal guardians of a minor to sue for wrongful death if the child is an orphan. It was passed on an urgency vote -- requiring two-thirds of both houses of the Legislature -- and signed by Gov. Gavin Newsom Wednesday night, partly with the goal of allowing the lawsuit.

The bill was inspired by the death in Southern California last year of Diego Stolz, 13, after being attacked at his middle school by bullies. His aunt and uncle, who had been his legal guardians since he was a baby, were not allowed to pursue a wrongful death claim against the Moreno Valley Unified School District despite their repeated pleas to school officials to do something about the bullying.

Attempts to reach administrators at the district were unsuccessful. District officials have made past statements saying they do not believe they are liable for the boy's death. The two boys involved in the attack have been charged with manslaughter.

The boy's aunt and uncle, Juana and Felipe Salcedo, faced a statute of limitations to file their case that is scheduled to run out today, according to a consumer attorneys group new release. Due to the timing of the bill's signing, they will now be able to file their case.

"Time was of the essence to secure Newsom's signature on the bill," according to the news release.

The family is represented by David M. Ring with Taylor & Ring in Manhattan Beach. Ring is known for his cases against schools, especially those involving sexual abuse. A call to Ring was not returned by press time.

AB 2445's author is Assemblywoman Eloise Gomez Reyes, D-San Bernardino. A legal aid attorney, Reyes beat a more conservative Democratic incumbent in 2016 with backing from the consumer attorneys and others.