AB 2995: Civil actions: injury to property: lead-based paint.

Existing law provides that an injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. Existing law requires an action seeking relief based on an injury to property to be commenced within 3 years after the time that the cause of action has accrued.

This bill would provide that the presence of lead paint on the surfaces of a residence or other building constitutes a physical injury to property. The bill would provide that an action to recover damages for that injury would not accrue until three years from the date the aggrieved party has actual knowledge of the presence of lead-based paint in or on that property, as specified. The bill would provide that receipt or knowledge of disclosures that residences built before 1978 are presumed to contain lead-based paint are not alone sufficient to establish that knowledge. The bill would make related findings and declarations. The bill would make these provisions retroactive. The bill would make these provisions severable.