Amended  IN  Assembly  March 16, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 2393

Introduced by Assembly Member Addis

February 20, 2026

An act to amend Section 3301 of the Civil Code, relating to damages. An act to add Section 3344.4 to the Civil Code, relating to damages.


LEGISLATIVE COUNSEL'S DIGEST


AB 2393, as amended, Addis. Damages for breach of contract. False imprisonment: false arrest: remedies.
Existing law prohibits false imprisonment, defined as the unlawful violation of the personal liberty of another. Existing law provides that the measure of damages for the breach of an obligation not arising from a contract is the amount that will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not, except as expressly provided otherwise.
This bill would authorize a prevailing plaintiff in an action based on false imprisonment or false arrest to elect to receive, in lieu of actual damages, $10,000 for each of specified acts committed by the defendant in the perpetration of the false imprisonment or false arrest, as specified. The bill would make defendants liable for the amounts described above for an incident of false imprisonment or false arrest jointly and severally liable and would limit the aggregate award to a person under the above provisions to $250,000 per incident of false imprisonment or false arrest. The bill would exempt causes of action brought against specified parties from the above provisions. The bill would make related findings and declarations and would make its provisions severable.

Existing law prohibits damages that are not clearly ascertainable in both their nature and origin from being recovered for a breach of contract.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Californians are currently faced with serious concerns regarding the commission of false arrests and false imprisonments, including by private individuals pretending to be law enforcement or emulating their methods. These concerns apply to false arrests committed by public and private actors alike.
(b) The public has an interest in ensuring that meritorious false arrest and false imprisonment claims are litigated to ensure both that victims are compensated and that offenders bear the costs, particularly when aggravating factors are likely to impose emotional distress, including the use of masks to conceal the offender’s identity, the use of handcuffs or other restraints to bind the victim, the forcible transportation of the victim in a vehicle, or the brandishing of a firearm or other weapon during the false arrest or false imprisonment.
(c) In cases involving false arrest or false imprisonment, damages due to emotional distress can be difficult to quantify. Setting statutory damages for the conduct likely to exacerbate this emotional distress can help address all of these concerns by appropriately estimating compensation for damages that are difficult to quantify, streamlining litigation, and helping encourage plaintiffs to seek and obtain compensation for meritorious claims.

SEC. 2.

 Section 3344.4 is added to the Civil Code, to read:

3344.4.
 (a) If a defendant performed any of the acts described in paragraphs (1) to (4), inclusive, in the perpetration of the false imprisonment or false arrest of another, a prevailing plaintiff in an action based on that false imprisonment or false arrest may elect to be awarded, in lieu of actual damages, ten thousand dollars ($10,000) for each of the following that are true:
(1) The defendant wore a face covering or other attire for the purpose of concealing their identity.
(2) The defendant used handcuffs, ties, or other restraints to bind the hands or legs of the person.
(3) The defendant forcibly transported the person in a vehicle from one location to another or falsely imprisoned the person for the purpose of transporting the person from one location to another.
(4) The defendant brandished a firearm or other weapon capable of causing death or serious bodily injury.
(b) All defendants liable to a person for amounts awarded pursuant to subdivision (a) for a single incident of false imprisonment or false arrest shall be jointly and severally liable. The aggregate award to a person under this section shall not exceed two hundred fifty thousand dollars ($250,000) for each incident of false imprisonment or false arrest.
(c) Nothing in this section shall be construed to limit the availability of punitive or exemplary damages in an action for false imprisonment or false arrest.
(d) This section shall not apply to a cause of action brought against any peace officer or custodial officer, as those terms are defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or directly against a public entity that employs a peace officer or custodial officer.

SEC. 3.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SECTION 1.Section 3301 of the Civil Code is amended to read:
3301.

Damages shall not be recovered for a breach of contract that are not clearly ascertainable in both their nature and origin.