Governor Newsom recently signed into law a bill that temporarily revives certain claims seeking damages resulting from a sexual assault that would otherwise be time barred on January 1, 2026.  Touted as a victory for survivors of sexual assault, Assembly Bill 250, will provide a two-year period from January 1, 2026 to December 31, 2027, within which a plaintiff may bring certain claims seeking damages from sexual assault that would otherwise be time-barred.

To be eligible for revival, the claim must seek damages suffered as a result of a sexual assault that occurred when the plaintiff was a legal adult, on or after the 18^th birthday.  The claim must also allege that one or more entities are legally responsible for the damage and that the entity engaged in a cover-up or an attempted cover-up of the sexual assault.  AB 250 will also serve to revive any related claims, including wrongful termination and sexual harassment.

Currently, the law only includes actions against individuals and private entities.  Public entities are specifically excluded from AB 250.  When determining whether an entity engaged in a cover-up or attempted cover-up, the law emphasizes that the entity could be held liable for the actions of its officers, directors, representatives, employees, or other agents.  Further, “cover up” is defined to mean “a concerted effort to hide evidence relating to a sexual assault that incentivizes individuals to remain silent or prevents information relating to a sexual assault from becoming public or being disclosed to the plaintiff, including, but not limited to, the use of nondisclosure agreements or confidentiality agreements.”

This law has clear implications for private employers in California, particularly considering the revival of related claims like wrongful termination and sexual harassment.  Any private employer that receives a demand letter or lawsuit alleging any such dated claims should not assume that they are time-barred by the statute of limitations and should immediately seek advice from legal counsel.

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