FOR IMMEDIATE RELEASE:
CONTACT: Linda Okun
PHONE: (626) 824-8927
October 17, 2003
Putting aside the big budget issue, Los Angeles
Citizens Against Lawsuit Abuse’s (CALA) assessment of this
session of the California State Legislature is both good and bad
for California consumers with regard to civil justice reform.
Los Angeles CALA has worked aggressively to defend
common sense legal reforms already in place and oppose any trial
lawyer “reforms” that could raise the public’s
cost of living, decrease the public’s access to healthcare,
and take away jobs by creating more frivolous and excessive litigation.
“This year we won more than we lost,”
said Linda Okun, Executive director of Los Angeles CALA. “The
fact that sham reform bills like Senate Bill 122 (Escutia) didn’t
make it to the Governor’s desk – despite that the
personal injury lawyers have a lot of friends in the Legislature
– indicates that personal injury lawyers are having less
of an impact on our civil justice system than ever before.”
Below is a summary of some of the new civil justice
reforms that made it, or did not make it, through the legislative
process, and how each impact California consumers.
Good for California
SB 122 (Escutia, D-Whittier)
failed to make it out of the Assembly process. Also known
as the “The State-Sanctioned Extortion Act,” this
proposal would have made it easier to extort money from small
business owners throughout California.
AB 1180 (Harman, R-Huntington
Beach) has been enacted. It will encourage citizens
to do their part to improve the civil justice system and stop
lawsuit abuse by serving on a jury when called. Specifically it
imposes fines for people who fail to show up for jury service.
A $250 fine will be imposed for the first violation, $750 for
the second and $1,500 for the third.
AB 1715 (Assembly Judiciary
Committee and Senators Burton, D – San Francisco, Escutia,
D – Whittier, Kuehl, D – Santa Monica) was
vetoed by Governor Davis. This bill would have eliminated
employment arbitration agreements, resulting in more frivolous
litigation against employers, which would further clog our court
system. This bill was introduced and debated at taxpayer expense,
despite the fact that California Supreme Court and Governor Davis
have strongly supported arbitration agreements in the past.
Bad for California
AB 634 (Steinberg, D –
Sacramento, Simitian, D – Palo Alto) has been enacted.
It will open the door for more frivolous litigation by making
private settlement information a matter of public record. This
bill will result in increased healthcare costs while also threatening
jobs in California and diverting resources away from elder care
and in to personal injury lawyers’ pockets.
SB 796 (Dunn, D-Santa Ana) has
also been enacted, allowing employees to bring civil
actions to recover penalties for any alleged violation of the
Labor Code that the Labor and Workforce Development Agency does
not address. As a result, litigation against employers could increase,
giving employers incentive to move their businesses out of the
state.
“Despite personal injury lawyers’
financing legislative candidates in attempts to buy votes in favor
of legislative proposals that will only open more doors to litigation
and abuse, the Legislature by and large worked in favor of consumers,”
said Ms. Okun.
“We urge consumers everywhere to continue
to let their legislators, and their legislative candidates, know
where they stand on the issue of lawsuit abuse and civil justice
reform,” Okun said. “The only thing louder than money
in campaign coffers is the voice of an informed electorate.”
For more information on these issues, please contact Los Angeles
CALA at (626) 824-8927 or maryann@maryannmaloney.com
.
Linda Okun is the Executive Director of Citizens
against Lawsuit Abuse in Los Angeles, a nonprofit, grassroots
public education organization. Write to her c/o CALA at P.O. Box
262 - Glendora, CA 91740, or via email at maryann@maryannmaloney.com.
IMPORTANT NOTE: If you would like a CALA
speaker to address your organization or some information for your
organization's newsletter, let us know today.
CALA is a nonprofit, grass roots, public education
organization dedicated to serving as a watchdog over the legal
system and those who would seek to abuse it for undeserved gain.
More than 9,000 citizens and taxpayers are Los Angeles CALA supporters.
