California Appeals Court Applies 1986 Damage Caps to Revived Child Abuse Lawsuits

A California Court of Appeal issued an opinion confirming that the 1986 Proposition 51 cap on noneconomic damages remains in force for childhood sexual‑abuse claims that were revived by a 2019 law. The decision involves more than 1,000 plaintiffs suing several Roman Catholic dioceses, parishes, schools and the Boy Scouts of America in a consolidated Alameda County case.

Why the Court Applied the 1986 Measure

The plaintiffs argued that Proposition 51, which limits pain‑and‑suffering awards to a percentage of a defendant’s fault, should not apply because their abuse occurred before the measure’s adoption. The court rejected that argument, finding that the claims, although based on older abuse, were legally revived in 2020 and therefore accrued under the 1986 framework.

Effect of the 2019 Statute‑of‑Limitations Law

The 2019 legislation reset the filing clock for childhood sexual‑abuse cases to 2020 and extended the window to five years after a victim discovers a psychological injury. That change opened the door for many new lawsuits, including the massive coordinated action against the Catholic Church.

Practical Impact for Survivors

Survivors who file claims under the 2019 law will still face the noneconomic damage caps imposed by Proposition 51. While the law gives them a fresh opportunity to bring forward claims that were previously time‑barred, the potential compensation for pain and suffering is limited by the 1986 percentage rule. No new filing deadline was set in the opinion beyond the five‑year window after injury discovery.

Current Litigation Landscape

The first bellwether trial in the coordinated action resulted in a $16 million jury award against the Diocese of Oakland. A second bellwether trial involving the Santa Rosa Diocese was transferred to Sonoma County Superior Court. Several dioceses have filed for bankruptcy, which could pause or reduce payouts.

Anyone who believes they may have a claim should review the 2019 statute‑of‑limitations reset and consider consulting an attorney to assess eligibility and potential damages under the existing caps.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 6, 2026.