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Bullard v. California State Automobile Association5/10/2005
eed for the bill. First, it was "needed to conform the statute of limitations for filing an [uninsured motorist] claim to the new two-year period enacted last year by SB 688 [the amendment to Code of Civil Procedure 335.1], which became effective January 1, 2003. Under that law, a person injured by the negligence of another, such as a driver injured by another driver's negligence, has two years to file a court claim against that negligent driver." (Sen. Com. on Judiciary, Analysis of Sen. Bill No. 333 (2003-2004 Reg. Sess.) Apr. 22, 2003, p. 2.) The bill sponsor of Senate Bill No. 333 emphasized that the inconsistency between the statutes of limitation could "`lead to serious problems. If an insured driver at the time of the incident believes that the other driver is insured, she has no reason to make a claim against her own uninsured motorist policy. If the insured person is unable to resolve the claim against the negligent driver, she must file a lawsuit within two years. If the lawsuit is filed two years after the accident and the injured person learns in fact that the negligent driver was uninsured, it is too late to make a claim against her own policy, rendering the uninsured motorist coverage illusory.'" (Ibid.) The Bullards note that Senate Bill No. 333 was introduced in the Legislature, less than two months after the effective date of Code of Civil Procedure section 335.1. (Sen. Bill No. 333, approved by Governor, July 14, 2003, Sen. Final Hist. (2003-2004 Reg. Sess.) p. 1.)
Even if we were to agree that the amendment to section 11580.2, subdivision (i) was ambiguous on the question of retroactivity, the legislative history cited by the Bullards does not support their argument. It is clear the Legislature was aware of the context of the legislation, the need to conform section 11580.2 to Code of Civil Procedure section 335.1 and the evils it sought to remedy. And although empowered to do so, the Legislature did not adopt the amendment as urgency legislation. (See Cal. Const., art. IV, § 8, subd. (c), par. (3).) Nor did the Legislature expressly state that the amendment was retroactive when it had ample opportunity to do so. Under these circumstances a strong inference is that the Legislature did not intend the amendment to section 11580.2 to operate retroactively.
Based on our review of the statutory language and legislative context, we conclude the trial court did not err in ruling that section 11580.2, subdivision (i) was not retroactive.
II. Code of Civil Procedure Section 335.1 Did Not Amend Section 11580.2 by Implication
The Legislature adopted Senate Bill No. 688 in 2002. The bill amended Code of Civil Procedure section 340 to delete former subdivision (3) and enact a new Code of Civil Procedure section 335.1. The new statute changed the statute of limitations for assault, battery, and personal injury or death by wrongful act or neglect from one year to two years, effective January 1, 2003. (Stats. 2002, ch. 448, §§ 2 & 3, pp. 2-3; Krupnick, supra, 115 Cal.App.4th at p. 1028.) The Bullards contend that all statutes that were "dependent upon the personal injury statute of limitations for their purpose," specifically section 11580.2, subdivision (i), "would implicitly be changed" to two years. There is no merit in this contention.
Citing Arrasmith v. State Farm Ins. Co. (1994) 24 Cal.App.4th 12, 18-20 (Arrasmith), disapproved on another ground in Quintano v. Mercury Casualty Co. (1995) 11 Cal.4th 1049, 1064-1067, the Bullards note that this court described former section 11580.2, subdivision (i) as "an adjunct" to the right to recover damages for personal injuries under former Code of Civil Procedure section 340, and strictly interpreted f
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