Skip to main content

Balance Scorecard

Balance Scorecard

Overview

About the Scorecard

The mission of Civil Justice Association of California (CJAC) is to confront legislation and laws that create unfair litigation burdens on California businesses, employees, and communities. A balanced civil justice system benefits all Californians.

CJAC’s Balance Scorecard shows how favorably state legislators rank when it comes to promoting fairness and balance in our civil justice system. Rankings are based upon legislators’ votes and efforts on key bills impacting civil justice.

Download the full scorecard here: 2021 CJAC Balance Scorecard

2021 Balance Scorecard Rankings

Methodology 

  • CJAC counted all votes taken on the floor, in policy committees, and final votes in appropriation committees for key bills for which we had a support or oppose position at the time of the vote. We divided the number of favorable votes on key CJAC bills by the number of opportunities to vote. “Favorable” is defined as a) supporting a bill CJAC supports; or b) voting against/abstaining from voting on a bill CJAC opposes.
  • CJAC used the vote record at www.leginfo.legislature.ca.gov and counted NVR or “no vote recorded” as an abstention, although in some cases it may reflect absences.
  • In addition to votes, CJAC assigned extra weight to proactive favorable and unfavorable efforts by legislators (e.g., authored bill, floor speech) on Triple Threat (T3) bills or other bills containing private rights of action (PRAs).

Policy Basis for Position on Key Bills

CJAC supports legislation that promotes balance in our civil justice system by providing protections against abuse and clarifications and other changes that remove unreasonable litigation burdens.

  • CJAC opposes changes to our civil liability system that are unfair or create unwarranted liability expansions, promote frivolous litigation, or otherwise create imbalance.
  • CJAC generally opposes creation of new PRAs, which allow private lawsuits under civil laws normally enforced by government, as they incentivize profit-seeking suits that primarily benefit plaintiffs’ lawyers.

Key 2021 Bills Used for the Scorecard

CIVIL LIABILITY

AB 35 (Chau) OPPOSE. Imposes civil liability on social media platforms for spread of misinformation online.

AB 371 (Jones-Sawyer) OPPOSE. Makes mobility device owners liable for user negligence. (PRA)

AB 1218 (McCarty) OPPOSE. Imposes onerous penalties on auto makers.

AB 1371 (Friedman) OPPOSE. Creates unreasonable regulations and penalties for use of bubble wrap.

SB 447 (Laird) OPPOSE T3.* Extends pain and suffering damages to survivor actions.

SB 605 (Eggman) OPPOSE. Makes medical device manufacturers liable for the defects of aftermarket repairs.

UNFAIR COMPETITION

AB 286 (Gonzalez) OPPOSE. Expands Unfair Competition Law and imposes liability on food delivery platforms.

CONTRACTS

AB 424 (Stone) OPPOSE T3. Creates lender liability for enforcing valid student loan contracts. (PRA)

SB 331 (Leyva) OPPOSE. Prohibits confidential settlements for sexual discrimination or harassment claims.

LABOR AND EMPLOYMENT

AB 95 (Low) OPPOSE T3. Mandates 10 days employee bereavement leave and creates PRA. (PRA)

AB 701 (Gonzalez) OPPOSE T3. Imposes onerous regulations on warehouse distribution centers. (PRA)

AB 1074 (Gonzalez) OPPOSE. Creates penalties for failure to rehire janitorial workers displaced due to COVID and new basis for PAGA suit. (PRA)

SB 62 (Durazo) OPPOSE. Creates employer liability for paying garment workers per piece and expands bases to sue under PAGA. (PRA)

SB 606 (Gonzalez) OPPOSE T3. Expands CalOSHA authority to issue enterprise citations and penalties.

PRIVACY

AB 814 (Levine) OPPOSE T3. Creates unwarranted regulation, liability for contact tracing data use. (PRA)

AB 1252 (Chau) OPPOSE. Deems general businesses info collected online to be confidential medical info.

AB 1262 (Cunningham) OPPOSE. Creates unreasonable regulations and liability for speaker device makers.

STATE BAR

SB 211 (Umberg) SUPPORT. Holds State Bar accountable for failure to resolve disciplinary cases.

 

*Later moved to no position following amendments.

Log in