California Codes

Cal. Civil Code § 1431.2 (2026)

✓ current as of May 2026

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Several Liability for Non-economic Damages

(a)In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.

(b)(1)For purposes of this section, the term “economic damages” means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.

(2)For the purposes of this section, the term “non-economic damages” means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.

Notes of Decisions

Cited in 199 cases (45 in the last 5 years), 1987–2026 · leading case: C. B. v. City of Sonora, 769 F.3d 1005 (9th Cir. 2014).

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C. B. v. City of Sonora, 769 F.3d 1005 (9th Cir. 2014). · cites it 8× “26 California courts have interpreted California Civil Code section 1431.2 as limiting California Code of Civil Procedure section 877 to economic damages only.”

Bostick v. Flex Equip. Co., Inc., 54 Cal. Rptr. 3d 28 (Cal. Ct. App. 2007). · cites it 12× “) Civil Code section 1431.2, subdivision (a) states: "In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint.”

Evangelatos v. Superior Court, 753 P.2d 585 (Cal. 1988). · cites it 6× “(Civ. Code, § 1431.2, subd. (b)(2).) It has no effect whatsoever on the joint and several rule as applied to the more common tort damages medical expenses, loss of earnings, loss of property, costs of repair or replacement, and loss of employment or business opportunities.”

Buttram v. Owens-Corning Fiberglas Corp., 941 P.2d 71 (Cal. 1997). · cites it 12× “Under the initiative measure's provisions multiple tortfeasors continue to be jointly and severally liable for all economic damages. However, joint tortfeasors are only liable for the percentage of noneconomic damages commensurate with their own percentage of fault.”

Ovando v. Cnty. of Los Angeles, 71 Cal. Rptr. 3d 415 (Cal. Ct. App. 2008). · cites it 6× “d are not entitled to summary judgment on that basis; (3) the order granting Ovando’s petition for relief from the claim presentation requirement on the ground that his claim presented to the county was timely was error, and Ovando must plead and prove compliance with the claim…”

Bigler-Engler v. Breg, Inc., 7 Cal. App. 5th 276 (Cal. Ct. App. 2017). · cites it 2× “” (Civ. Code, § 1431.2, subd. (a).) “Thus, in an action subject to Proposition 51, each tortfeasor remains jointly and severally liable to the plaintiff for economic damages, but is liable to the plaintiff for only its proportionate share of noneconomic damages.”

People v. Valenti, 243 Cal. App. 4th 1140 (Cal. Ct. App. 2016). · cites it 2× “Unlike economic damages, which encompass “objectively verifiable monetary losses” (Civ. Code, § 1431.2, subd. (b)(1)), noneconomic damages compensate the victim for “subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering,…”

Regan Roofing Co. v. Superior Court, 94 Cal. Daily Op. Serv. 503 (Cal. Ct. App. 1994). · cites it 8× “These three categories include $360,000 noneconomic damages allocated to emotional distress claims (Civ. Code, § 1431.2), $250,000 allocated to investigative costs (i.”

Bynum v. Magno, 101 P.3d 1149 (Haw. 2004). · cites it 4× “Code § 3359, interpreting "reasonable value" as "a term of limitation, not aggrandizement," and relying on Cal. Civ.Code § 1431.2(b)(1), interpreting medical expenses as "representing actual pecuniary loss"); Nishihama v.”

T.H. v. Novartis Pharm. Corp., 407 P.3d 18 (Cal. 2017). “Because a defendant's liability for noneconomic damages is not joint but several ( Civ. Code, § 1431.2, subd. (a) ), a negligent brand-name manufacturer would be liable for noneconomic damages only in an amount that was directly proportional to its percentage of fault.”

Sullivan v. Scoular Grain Co. of Utah, 853 P.2d 877 (Utah 1993). · cites it 4× “Cal.Civ.Code § 1431.2(a) (West Supp.1993) (emphasis added).”

Brandon G. v. Gray, 2003 Cal. Daily Op. Serv. 7156 (Cal. Ct. App. 2003). · cites it 4× “Under Code of Civil Procedure *40 section 877, subdivision (a), however, she is entitled to offset that amount by the sum paid by the settling defendants. The jury found that plaintiffs’ damages were $90,000, and that Mr.”

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— Cal. Civil Code § 1431.2(a) — 11 cases

Sullivan v. Scoular Grain Co. of Utah, 853 P.2d 877 (Utah 1993). “Cal.Civ.Code § 1431.2(a) (West Supp.1993) (emphasis added).”

C. B. v. City of Sonora, 769 F.3d 1005 (9th Cir. 2014). “26 California courts have interpreted California Civil Code section 1431.2 as limiting California Code of Civil Procedure section 877 to economic damages only.”

In Re Piper Aircraft, 792 F. Supp. 1189 (N.D. Cal. 1992).

United States v. Cb & I Constructors, Inc., 685 F.3d 827 (9th Cir. 2012).

McAsey v. U.S. Dep't of Navy, 201 F. Supp. 2d 1081 (N.D. Cal. 2002).

— Cal. Civil Code § 1431.2(b) — 2 cases

C. B. v. City of Sonora (9th Cir. 2014).

— Cal. Civil Code § 1431.2(b)(1) — 2 cases

Bynum v. Magno, 101 P.3d 1149 (Haw. 2004). “Code § 3359, interpreting "reasonable value" as "a term of limitation, not aggrandizement," and relying on Cal. Civ.Code § 1431.2(b)(1), interpreting medical expenses as "representing actual pecuniary loss"); Nishihama v.”

Sanchez v. United States, 803 F. Supp. 2d 1066 (C.D. Cal. 2011).

— Cal. Civil Code § 1431.2(b)(2) — 2 cases

United States v. Cb & I Constructors, Inc., 685 F.3d 827 (9th Cir. 2012).

Hernandez Ex Rel. Telles-Hernandez v. United States, 665 F. Supp. 2d 1064 (N.D. Cal. 2009).

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