California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 2 — Compensatory Relief, Chapter 2 — Measure of Damages, Article 2 — Damages for Wrongs, Section 3339.5

(a) The immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy, except for employment-related prospective injunctive relief that would directly violate federal law.

(b) Discovery or other inquiry in a civil action or proceeding relating to a minor child’s immigration status shall not be permitted except where the minor child’s claims place the minor child’s immigration status directly in contention or the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law.

(c) The provisions of this section are declaratory of existing law.

(d) The express application of this act to minors is not intended to imply that adults are not likewise protected by existing law in the same circumstances.

Notes

Limits use of a minor child's immigration status in liability and remedy determinations, except employment-related prospective injunctive relief that would directly violate federal law. Discovery is barred unless the child puts status directly in contention or clear and convincing evidence shows inquiry is necessary for federal-law compliance; the provision declares existing law and preserves equivalent adult protections.

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