Calif. Gov. Signs Summary Judgment Law

By Caroline McDonald

NU Online News Service, Sept. 12, 11:20 a.m. EST?California Governor Gray Davis yesterday approved a measure that an insurer group says will weaken the process of granting summary judgment motions and extend the statue of limitations for filing personal injury lawsuits.

"This bill represents a last-minute effort by the trial bar to jam their agenda through the legislative process," said Bill Gausewitz, AIA assistant vice president for state affairs, in Sacramento. "This bill makes significant changes to California's civil justice system. The proponents released the language just six days before the end of session."

He said that little scrutiny or public input was allowed "before this bill was rushed down to the governor's desk."

SB 688, authored by Senate President Pro Tem John Burton, D-San Francisco, would extend the statute of limitations for filing personal injury and wrongful death actions from one year to two years.

SB 688, which will take effect Jan. 1, 2003, also extends the time respondents have to reply to summary judgment motions from 28 days to 75 days.

"Extending the response time for summary judgment motions dilutes the intent of this law," Mr. Gausewitz said.

He said that although trial lawyers say they need the law to have more time to respond to summary judgment motions, such motions are designed to weed out meritless lawsuits.

"A plaintiff's attorney is supposed to research and evaluate the merits of their claim before they file a lawsuit," he said. "Under this new law, the courts will become clogged so trial lawyers can have more time to do their prep work."

Mr. Gausewitz explained that extending the time to file personal injury lawsuits will only make it more difficult for defendants to collect testimony from witnesses, increase the opportunities for fraud, and raise the price of insurance, because claims will be kept open longer.

"Initially, the trial bar presented the legislature with an extensive wish list," he said. "But an intense lobbying effort by the business community reduced the trial lawyers' long list of civil justice issues to the two remaining changes contained in SB 688."

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Calif. Gov. Signs Summary Judgment Law

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