Confidential Settlement Agreements
Cal. CCP § 1002
California Statutes
(
a) Notwithstanding any other law, a provision within a settlement agreement that prevents the disclosure of factual information related to the action is prohibited in any civil action the factual foundation for which establishes a cause of action for civil damages for any of the following:
(1) An act that may be prosecuted as a felony sex offense.
(2) An act of childhood sexual assault, as defined in
Section 340.1.
(3) An act of sexual exploitation of a minor, as defined in
Section 11165.1 of the Penal Code, or conduct prohibited with respect to a minor pursuant to
Section 311.1, 311.5, or 311.6 of the Penal Code.
(4) An act of sexual assault, as defined in paragraphs (1) to (8), inclusive, of subdivision (
e) of
Section 15610.63 of the Welfare and Institutions Code, against an elder or dependent adult, as defined in Sections 15610.23 and 15610.27 of the Welfare and Institutions Code. (
b) Notwithstanding any other law, in a civil action described in paragraphs (1) to (4), inclusive, of subdivision (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subdivision (a). (
c) Subdivisions (
a) and (
b) do not preclude an agreement preventing the disclosure of any medical information or personal identifying information, as defined in subdivision (
b) of
Section 530.55 of the Penal Code, regarding the victim of the offense listed in subdivision (
a) or of any information revealing the nature of the relationship between the victim and the defendant. This subdivision shall not be construed to limit the right of a crime victim to disclose this information. (
d) Except as authorized by subdivision (c), a provision within a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (
a) that is entered into on or after January 1, 2017, is void as a matter of law and against public policy. (
e) An attorney’s failure to comply with the requirements of this
section by demanding that a provision be included in a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (
a) that is not otherwise authorized by subdivision (
c) as a condition of settlement, or advising a client to sign an agreement that includes such a provision, may be grounds for professional discipline and the State Bar of California shall investigate and take appropriate action in any such case brought to its attention.