Breaking Barriers to Justice
general negligence cases involving a plaintiff who dies before trial, the EADACPA exception offers no path. There is also a quieter consequence worth naming. The sunset has reintroduced a sharp filing-date cliff. A complaint filed on December 31, 2025, preserves access to pre-death pain and suffering. An identical complaint filed two days later does not. Two families with the same loss, same defendant, same facts, will recover dramatically different amounts based on a calendar. That is the barrier to justice this issue presents. It is procedural where it should be substantive. It rewards delay over diligence. It treats the human cost of injury as recoverable when the plaintiff happens to be alive and unrecoverable when they are not. It is the kind of barrier the Forum’s theme is built around. SB 29 will not solve all of it. The bill is structured as another extension, not a permanent change, and the opposition from the long-term care industry and medical industry is real. The Senate Judiciary Committee analysis notes that the Judicial Council’s first report identified only four cases that triggered the reporting requirement, a number CAOC and the plaintiffs’ bar see as reasonable given that most cases settle before trial. The next four-year window, with continued data collection, is the chance to settle that question with additional evidence. For now, the practitioner reality is that survival actions filed on or after January 1, 2026 are governed by the old rule. Economic damages remain. Punitive damages remain in the narrow cases where they apply. EADACPA remains for elder and dependent adult abuse claims that meet the heightened standard,
but for most, their non economic damages- their pain and human suffering- is extinguised.
Strategy matters more than ever, not less. Strong factual development, careful documentation of the decedent’s pre-death course, and a clear evidentiary record of what the defendant knew and when, all remain essential to the cases that come through the door. But the policy fight is not over. SB 29 is pending an Assembly vote in August. The Legislature has a chance, again, to ensure that California families are not punished by the calendar for losing a loved one before a defendant’s delay tactics run their course. That is the fight the Forum should be amplifying. It is the fight CAOC is leading, and it is the fight the plaintiffs’ bar should be ready to win. If you have examples of families that have been impacted by the law, send them to your CAOC lobbying team. Stories matter, your voices matter. Learn more about the CAOC advocates and get in touch today. Visit CAOC.org/ouradvocates to connect with the team.
Other Legislative Issues to Watch for August
Limits on Public Entity Liability
Restrictions on Childhood Sexual Assault Rights
Changes to Liability for IOU Caused Wildfires
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Consumer Attorneys of California
FORUM July/August 2026
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