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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: CJAC Balance Scorecard - 2020 Legislative Year 

2020 Balance Scorecard Rankings

Methodology 

  • CJAC counted all votes taken on the floor, in policy committees, and final votes in appropriation committees. We divided the number of favorable votes on CJAC support or oppose bills by the number of opportunities to vote. “Favorable” and “unfavorable” are defined as follows:
    • Favorable: Voted in support of a support bill or voted against/abstained from voting on an oppose bill.
    • Unfavorable: Voted against/abstained from voting on a support bill or voted in support of an oppose bill.
  • 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 priority bills (signified with asterisk) and bills containing private rights of action (PRA).

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 private rights of action, which allow private lawsuits under civil laws normally enforced by government, as they incentivize profit-seeking suits that primarily benefit plaintiffs’ lawyers.

Key 2020 Bills Used for the Scorecard

TAXATION

AB 2570* (Stone) OPPOSE. Extends bounty-hunter lawsuits under False Claims Act to tax disputes. (PRA)

CIVIL LIABILITY AND PROCEDURE

AB 1035* (Ramos, Mayes) CO-SPONSOR. Protects small businesses from frivolous COVID lawsuits.

AB 1286 (Muratsuchi) OPPOSE. Arbitrarily prohibits e-scooter/e-bike companies from using liability waivers.

AB 3262* (Stone) OPPOSE. Arbitrarily expands strict product liability to electronic marketplaces.

SB 977 (Monning) OPPOSE. Imposes excessive civil fines and liability on health care systems

BANKING AND LENDING

AB 376* (Stone) OPPOSE. Creates new mandates and liability for student lending. (PRA)

AB 1436* (Chiu) OPPOSE. Imposes onerous new mandates and liability for landlords and lenders. (PRA)

AB 2501* (Limón) OPPOSE. Imposes onerous new mandates and liability for landlords and lenders. (PRA)

ATTORNEYS’ FEES

AB 1947 (Kalra) OPPOSE. Expands filing time for Labor Code complaints and creates one-sided attorneys’ fees.

EVIDENCE

AB 418 (Kalra) OPPOSE. Creates unreasonable union agent-employee evidentiary privilege.

LABOR AND EMPLOYMENT

AB 3056 (Gonzalez) OPPOSE. Creates new wage and rest period mandates and liability. (PRA)

SB 973 (Jackson) OPPOSE. Requires employer reporting to DFEH pay and job info according to gender, race, etc.

PRIVACY

AB 685 (Reyes) OPPOSE. Imposes burdensome workplace COVID-19 notice obligations.

AB 1281 (Chau) SUPPORT. Extends employment data exemption under CCPA.

AB 1782 (Chau) OPPOSE. Imposes unreasonable mandates and liability for contact tracing. (PRA)

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