An act to add Section 448 to the Code of Civil Procedure, and to add Section 945.7 to amend Section 910.2 of the Government Code, relating to civil procedure.
Impact
The main impact of AB 2529 is the reinforcement of the verification process in civil litigation involving public entities. By imposing a stringent verification requirement, the bill aims to streamline the claims process and reduce potential abuse of the system through false claims. Furthermore, it empowers public agencies to report suspected perjury to the district attorney, potentially leading to criminal investigations. This could result in reduced litigation costs for public agencies and enhance the integrity of the claims system.
Summary
Assembly Bill 2529, introduced by Assembly Member Johnson, aims to amend the Code of Civil Procedure and the Government Code regarding civil claims against public entities and their employees. The bill mandates that any civil complaint or cross-complaint filed by public employees or former employees seeking monetary damages must be verified under penalty of perjury. This requirement enhances the accountability of claimants by necessitating a declaration confirming the truth of their allegations, thereby discouraging frivolous claims.
Sentiment
The sentiment surrounding AB 2529 appears to be largely supportive among legislators concerned with improving the credibility of claims against public entities. Supporters argue that this bill is a necessary step to ensure that claims are presented with genuine facts, thus reducing the burden on the legal system. However, there are concerns regarding the potential chilling effect on legitimate claims, particularly if employees fear disciplinary repercussions or legal consequences for misjudgments regarding the truth of their claims.
Contention
Notable points of contention include the implications for claimants who may face increased scrutiny and legal liability. Critics argue that the heightened requirements might deter valid claims by creating a higher barrier for public employees seeking justice for wrongful acts committed by their employers. Additionally, the bill's stipulation that no reimbursement will be provided to local agencies for the costs incurred due to the automated enforcement of these new definitions of perjury could also raise concerns about funding and administrative burden on these entities.
An act to amend Sections 411.20, 411.20.5, and 411.21 of, and to add Section 411.11 to, the Code of Civil Procedure, and to amend Section 6159 of the Government Code, relating to civil actions.