California Civil Code 3494.5 – (a) (1) A property owner who voluntarily participates in a …
(a) (1) A property owner who voluntarily participates in a lead paint abatement program, and all public entities, shall be immune from liability in any lawsuit where a responsible party seeks to recover any cost associated with a lead paint abatement program from a property owner or public entity.
(2) For purposes of this subdivision, participation in a lead paint abatement program may be as limited as submission of an application to a lead paint abatement program or as extensive as completion of all activities conducted pursuant to a lead paint abatement program.
Terms Used In California Civil Code 3494.5
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- property: includes property real and personal. See California Civil Code 14
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) (1) A property owner’s participation in a lead paint abatement program shall not be evidence that the participating property is any of the following:
(A) A nuisance.
(B) Substandard under § 17920.3 of the Health and Safety Code or is in violation of § 17920.10 of the Health and Safety Code, to the extent that those sections apply to lead-based paint or other substandard conditions controlled utilizing program funds.
(C) Untenantable under § 1941.1 of the Civil Code, as that section applies to lead-based paint or other conditions controlled utilizing program funds.
(2) For the purposes of this subdivision, “participation in a lead paint abatement program” means that a property has been voluntarily enrolled in a lead paint abatement program, qualifies for inspection and services, is deemed to contain actionable lead-based paint, and has been satisfactorily abated, is in the process of being satisfactorily abated, or is awaiting abatement under the lead paint abatement program.
(c) For the purposes of this section:
(1) “Lead paint abatement program” means a program that satisfies both of the following:
(A) The program is created to abate lead-based paint.
(B) The program is created as a result of a judgment or settlement in any public nuisance or similar litigation.
(2) “Property owner” means the property owner as well as all agents or employees thereof acting within the course and scope of their agency or employment.
(3) “Public entities” includes the state, the Regents of the University of California, the Trustees of the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state, including any employees or agents thereof acting within the course and scope of their employment or agency.
(4) “Responsible party” means a private party legally responsible for the inspection costs, abatement costs, or any other costs associated with a lead paint abatement program.
(d) This section shall not alter existing obligations on homeowners to maintain their property under applicable law or otherwise limit a tenant’s legal remedies for addressing the presence of lead paint on a dwelling.
(Added by Stats. 2019, Ch. 171, Sec. 1. (AB 206) Effective January 1, 2020.)