SACRAMENTO – State legislation hailed by its author as giving would-be litigants “an opportunity to be the best that they can be”—by settling out of court—died this week amid a crush of criticism from a key lawyer-legislator.
SB 1256, the so-called Civility in Litigation Act, would have required a potential plaintiff to send a letter to his or her target before filing suit. The letter would have had to detail grievances and give the alleged wrongdoer a good-faith opportunity to make things right. (Those suing on claims of housing and employment discrimination, family law issues or Penal Code violations would have been exempt from the letter-writing requirement.) If no agreement ensued, the aggrieved party would have been free run to the courthouse.
