7 bills bring excessive fees, more litigation, says conservative group

A conservative nonprofit organization that represents corporations released a list Thursday of seven pending state bills the group says will create new private rights of action and threaten to undermine fairness in the judicial system.

The Civil Justice Association of California, stated the bills, if passed by the Legislature, will “attract unwarranted or abusive litigation,” “lead to excessive attorneys’ fees” and “increase costs for businesses, consumers and the state.”

“Our goal with this list is to inform Californians about bills that will drive frivolous litigation so they can voice concerns to their legislators,” said Kyla Christoffersen Powell, president and CEO of the association. “Plaintiffs’ attorneys, not consumers, will be the ones to benefit from triple threat bills if they pass.”

Among the bills mentioned in the group’s announcement is SB 447, introduced by Sen. John Laird, D-Santa Cruz, which, for the first time in California history, allows unlimited pain and suffering damages to be awarded in survivor actions, on top of punitive and economic damages, the association said.

Another bill on the association’s “triple threat” list is AB 95, introduced by Assembly Member Evan Low, D-Cupertino, which requires employers with 25 or more employees to provide 10 days of paid bereavement leave and creates a new civil action and attorney fees entitlement.

AB 424, introduced by Assembly Member Mark Stone, D-Santa Cruz, imposes new regulations on student loan collections and creates new civil action and punitive damages, treble damages and attorney fees entitlement.

AB 743, introduced by Assembly Member James Ramos, D-San Bernardino, creates a rebuttable presumption that COVID-19 caused physical damage at a business for purposes of business interruption insurance claims.

AB 701, introduced by Assembly Member Lorena Gonzalez, D-Chula Vista, imposes new regulations on warehouse distribution centers and creates new civil action and attorney fees entitlement.

AB 814, introduced by Assembly Member Marc Levine, D-Santa Rosa, creates restrictions on the use of data collected for contact tracing and creates new civil action and attorney fees entitlement.

SB 606, introduced by Sen. Lena Gonzalez, D-South Gate, establishes a rebuttable presumption of retaliation for any adverse employment action that takes place within 90 days of a COVID-19 test and establishes new civil penalties.