On May 27, 2020, Ellis George Partner Rick Schwartz testified before the California Assembly’s Judiciary Committee in favor of AB 3271, a piece of pending legislation he co-authored with Eric George, sponsored by Assembly Member Kevin Kiley. The bill was unanimously approved by the committee in a 10-0 vote.
If enacted into law, AB 3271 would allow individuals who were the victims of criminal sexual assault or sexual battery in a school context to disaffirm the contractual terms of an enrollment agreement if that enrollment agreement would waive a student’s rights or remedies relating to criminal sexual assault. Under AB 3271, a student would not be forced to arbitrate claims arising from a sexual assault occurring in a school context even if the school’s enrollment agreement would otherwise send those claims to arbitration.
Schwartz and George drafted the proposed legislation on behalf of clients who sought to change the status quo in California law regarding the enforceability of arbitration agreements against victims of childhood sexual assault in an educational context.
