Torts/Personal Injury,
Government
Aug. 28, 2026
California lawmakers move to limit liability for older childhood sexual abuse claims
Last-minute amendments to SB 577 would tighten deadlines and raise the burden of proof for some childhood sexual abuse claims against public entities while adding new safeguards intended to prevent future abuse.
California lawmakers are moving to significantly reshape civil liability for decades-old childhood sexual abuse claims, particularly those brought against public entities.
Amendments added to SB 577 late Thursday would tighten the statute of limitations for certain claims involving abuse that occurred before Jan. 1, 2024. The bill responds to recent laws that reopened the statute of limitations for cases involving abuse that sometimes occurred decades ago.
Those changes began with AB 218 in 2019 and set off waves of litigation that have cost local governments millions of dollars and threatened some agencies' solvency. A subsequent law, AB 452 in 2023, eliminated the civil statute of limitations for childhood sexual assault that occurred on or after Jan. 1, 2024.
Sen. John Laird, D-Santa Cruz, introduced SB 577 in 2025, but a deal broke down late in that year's legislative session amid opposition from victims' groups. The bill has had no hearings or amendments since.
The agreement emerged just over 24 hours before the midnight Friday deadline for amendments to bills lawmakers hope to pass this session.
"SB 577 is about finding a responsible balance on an incredibly difficult issue," Laird said in an emailed statement. "Survivors of childhood sexual abuse deserve justice and to be made whole for the harm they experienced, and the institutions where that harm occurred must be held accountable. At the same time, we have to make sure those public institutions can continue to operate and provide the services people depend on."
"We're grateful to Speaker Rivas and Pro Tem Limón for their efforts to address this issue," said Ben Adler, director of public affairs for the California State Association of Counties. "It's clear the status quo is broken, and the unintended consequences have grown out of control."
Under the amended bill, victims would have until age 40, or three years after discovering that an adult psychological injury or illness was caused by the abuse, whichever is later.
The bill would also impose a higher burden of proof on plaintiffs age 40 or older suing public entities over older abuse claims. For lawsuits filed on or after Jan. 1, 2026, plaintiffs would have to prove by clear and convincing evidence that the public entity knew of misconduct that resulted in childhood sexual assault, failed to take reasonable precautions and negligently failed to perform a mandatory duty.
Those are key provisions sought by organizations representing schools and other public entities. Those groups argued they often did not learn of alleged abuse until long after the fact and faced difficulty gathering evidence to defend against decades-old claims.
Courts would also be directed to consider specified factors when deciding requests to reduce jury awards and could allow judgments against public entities to be paid over time rather than immediately.
The bill would also change how damages are divided among defendants. Beginning with lawsuits filed on or after Jan. 1, 2027, a public entity would not be jointly liable for economic damages unless it was found to be more than 15% at fault. Current law generally imposes joint liability for economic damages while limiting defendants to their proportionate share of noneconomic damages.
The legislation also includes safeguards intended to prevent future abuse. By Dec. 1, 2027, local governments and educational agencies would have to adopt codes of conduct, sexual assault prevention plans and written procedures for reporting grooming and abuse concerns. The attorney general would report to lawmakers on agencies' compliance.
SB 577 would also impose a $25,000 civil penalty for each violation by an attorney who brings a childhood sexual assault claim in bad faith. The attorney general, city attorneys and county counsel could enforce the provision, with prevailing plaintiffs eligible for attorney fees and costs.
The provision appears to respond to allegations of fraud in Los Angeles County's massive AB 218 litigation. Investigations have examined allegations that some plaintiffs were recruited to file fabricated sexual abuse claims and that some claims were duplicated.
Malcolm Maclachlan
malcolm_maclachlan@dailyjournal.com
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