Civil Litigation
Feb. 26, 2020
Can intentional tortfeasors shift liability to negligent actors?
California law has long dictated that intentional tortfeasors cannot shift their liability to a merely negligent actor. A pending Supreme Court case may change that.
In the 2020 term, the California Supreme Court is expected to decide whether intentional tortfeasors are entitled to the benefit of Proposition 51 (Civil Code Section 1431.2), under which civil defendants are liable for noneconomic damages only according to their "percentage of fault" as found by the jury. This decision will issue in B.B. v. County of Los Angeles, S250734, which is fully briefed and awaiting oral argument.
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