Code Civ. Proc., § 1002 · Chapter 3.5. Confidential Settlement Agreements
Code Civ. Proc., § 1002
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 2023, Ch. 131, Sec. 22. (AB 1754) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1002.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
Penal Code
- Pen. Code, § 311.1Printed as Section 311.1, 311.5, or 311.6 of the Penal Code
- Pen. Code, § 311.5Printed as Section 311.1, 311.5, or 311.6 of the Penal Code
- Pen. Code, § 311.6Printed as Section 311.1, 311.5, or 311.6 of the Penal Code
- Pen. Code, § 530.55Printed as Section 530.55 of the Penal Code
- Pen. Code, § 11165.1Printed as Section 11165.1 of the Penal Code
Welfare and Institutions Code
- Welf. & Inst. Code, § 15610.23Printed as Sections 15610.23 and 15610.27 of the Welfare and Institutions Code
- Welf. & Inst. Code, § 15610.27Printed as Sections 15610.23 and 15610.27 of the Welfare and Institutions Code
- Welf. & Inst. Code, § 15610.63Printed as Section 15610.63 of the Welfare and Institutions Code
Cited by 3 provisions
Provisions in this library whose text cites Code Civ. Proc., § 1002. Each shows the citation as that text prints it.
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