Civil claims: public entities and employees: declaration.

Plain English Breakdown

The bill summary and digest do not explicitly mention expanding the definition of perjury or leading to criminal charges.

Civil Claims: Public Entities and Employees

AB-2529 requires employees or former employees of public agencies to verify under penalty of perjury any civil claims seeking monetary damages against the agency for employment-related issues, and mandates reporting suspected perjury to district attorneys.

What This Bill Does

• Requires a civil complaint filed by an employee or former employee of a public agency seeking money from the agency due to employment issues to be verified under penalty of perjury.
• If a complaint is not verified as required, a court must remove it from consideration.
• Requires claims against public entities for employment-related damages to include a declaration signed under penalty of perjury verifying the facts supporting the claim.
• Mandates that public agencies report suspected perjury in such declarations to district attorneys for investigation and action.

Who It Names or Affects

• Employees or former employees of public agencies who file civil claims seeking monetary damages against their employer due to employment issues.
• Public agencies that receive such claims and must verify them under penalty of perjury.
• District attorneys responsible for investigating reports of perjury in these cases.

Terms To Know

Perjury

Lying while under oath or verifying a statement as true when it is not, which can be a criminal offense.

Civil complaint

A formal legal document that starts a lawsuit by stating the facts and legal reasons for the claim.

Limits and Unknowns

• The bill does not specify when it will go into effect.
• It is unclear how this law will impact existing cases or claims filed before its enactment.
• There are no details on how public agencies will implement these new requirements in practice.

Official Summary Text

AB 2529, as amended, Johnson.
Civil claims: public
entities and
employees:
perjury.
declaration.
Existing law, the Government Claims Act, governs the tort liability and immunity of, and claims and actions against, public entities, officers, and employees.
Existing law defines the pleadings in a civil action as the formal allegations by the parties of their respective claims and defenses for the judgment of the court. Existing law requires the verification of certain civil claims and requires the verification of answers to certain verified complaints. Existing law provides that a person verifying a pleading need not swear to the truth or their belief in the truth of the matters stated therein but may, instead, assert the truth or their belief in the truth of those matters under penalty of perjury.
This bill would require a civil complaint or cross-complaint filed by an employee or former employee of a
public agency seeking monetary damages against the public agency for acts or omissions arising out of or relating to the employment relationship to be verified under penalty of perjury. The bill would require a court to grant a motion to strike the complaint or cross-complaint if the complaint or cross-complaint is not verified by the plaintiff or cross-complainant, as provided.
This bill would require a claim presented in accordance with the Government Claims Act by an employee or former employee of a public entity seeking monetary damages against the public entity for acts or omissions arising out of or relating to the employment relationship to include a declaration signed by the claimant under penalty of perjury verifying the core factual allegations supporting the claim. The bill would also require public agency to make a report to the appropriate district attorney if the public agency concludes that there is substantial evidence the person who made the claim
committed perjury in signing the claim, and would authorize the district attorney to investigate and take action, as appropriate.
By expanding the crime of perjury, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires that a claim against a public entity or public employee be signed by the claimant
or by some person on the claimant’s behalf.
This bill would require a claim against a public entity or public employee to include a declaration that, upon information and belief, the contents of the claim are true and correct.
By expanding the definition of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF