California Code of Civil Procedure

§ 1002.7

CCP § 1002.7 Effective Jan 1, 2022Title 14 · Part 2 · Ch. 3.7

Statute text

(a)The Legislature finds and declares that it is unconscionable for a parent, on behalf of the parent’s minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition of enrollment in an educational institution.

(b)Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an educational institution’s enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minor’s behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.

(c)The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.

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Legislative history

Added by Stats. 2021, Ch. 146, Sec. 1. (AB 272) Effective January 1, 2022.