Protecting Other Legal Rights in a Statute

Just because a new statute adds an additional right or cause of action does not necessarily mean that other, existing statutory or legal rights do not also apply. What do I mean? For example, a bill may create a new civil right of action, but that new right could be in lieu of existing rights, but it could also be in addition to other existing rights.

The following language comes from a bill that is pending on Governor Newsom’s Desk from the 2023 California Legislative Session that provides an example:

(b) (1) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.

(2) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.

In the above example from an existing bill, the first paragraph provides that a public prosecutor at the state or local levels in California could bring a civil action to enforce a new provision of law. The second paragraph states clearly that this new civil action is not in place of any other existing rights or remedies. Instead, the new civil action is in addition to existing ones. And, with these types of provisions, California law often uses the word “cumulative” to make clear that the new authority is in addition to existing ones.