California Health and Safety Code 81010 – (a) The following evidence is not admissible as evidence in any …
(a) The following evidence is not admissible as evidence in any civil or criminal proceeding, including a subrogation action by the state pursuant to Article 7 (commencing with Section 81030), to establish the liability of any person for any damages alleged to have been caused by a release of a hazardous substance:
(1) A final decision made by the Department of General Services pursuant to this chapter.
Terms Used In California Health and Safety Code 81010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- department: means State Department of Health Services. See California Health and Safety Code 20
- 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.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) A decision made by the Department of General Services to admit or not admit any evidence.
(3) Any finding of fact or conclusion of law entered by the Department of General Services in a proceeding for a claim pursuant to this chapter.
(4) The fact that any person has done any of the following in a proceeding for a claim pursuant to Section 80920:
(A) Chosen to participate or appear.
(B) Chosen not to participate or appear.
(C) Failed to appear.
(D) Settled or offered to settle the claim.
(b) Subdivision (a) does not apply to any civil action or writ by a claimant against the Department of General Services for any act, decision, or failure to act on a claim submitted by the claimant.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)