California Senate Bill 688

July 1, 2002

As previously reported, California Senate Bill 688 was signed into law by Governor Davis, to be effective as of January 1, 2003. The new law extends from one-year to two-years the personal injury statute of limitations, which applies to claims for assault, battery and personal injury to or death of a person due to the wrongful act or neglect of another. The new limitations period will apply to any claim where the statute has not already expired. By way of example, for injuries incurred in a January 5, 2002 car accident, the time to sue will be two years. For injuries incurred in a December 31, 2001 car accident, the time to sue will be one year. In addition, the new law extends the notice provisions for filing summary judgments from 28 days to 75 days (thereby allowing discovery to be undertaken prior to any hearing on the motion). It is suggested that motions for summary adjudication be filed for hearing in 2002.