California Governor Newsom Signs Legislation

On October 13, 2019, California Governor Gavin Newsom signed Assembly Bill 218 revising California’s statute of limitations applicable to civil claims for damages based on acts of childhood sexual assault. The revisions to California law include the following:

• A victim of childhood sexual assault will have 22 years – beginning on the date of his/her 18th birthday and ending when he/she attains age 40 – to file a civil claim against the perpetrator and any responsible institution
• Victims of childhood sexual assault who are age 40 and older may still bring a civil claim for damages based on acts of childhood sexual assault if he/she can show that:
  • the responsible entity or person knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent; OR
  • The responsible entity or person failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault.
• Victims of childhood sexual assault who are age 40 or older when the civil claim for damages is filed must file a “Certificate of Merit” within 60 days of the filing of the claim (complaint) AND must follow a particular process before the claim (complaint) can be served on the defendant – including using the pseudonym “Doe” to identify the defendant in the initial filing of the claim (complaint) until the court reviews the Certificate of Merit and determines that there is reasonable and meritorious cause for the filing of the claim against the defendant.