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At a luncheon this week for L.A. County politicos, Supervisor Kathryn Barger sounded what she framed arsenic a commonsense reform.
Legislators successful Sacramento, she argued, request to alteration a 2019 law that extended nan statute of limitations for activity maltreatment lawsuits, opening nan floodgates for decades-old claims that person costs nan region astir $5 cardinal and counting successful payouts.
“I want them successful Sacramento to hole it,” she said. “I person to judge that we are nan extremity of nan iceberg.”
The arguable law, Assembly Bill 218, has led to thousands of claims complete maltreatment that took spot successful schools, juvenile halls and foster homes. Supporters opportunity it continues to springiness survivors a chance astatine justice, while Barger and different officials pass nan costs of nan litigation is driving section governments to nan brink of bankruptcy.
Rolling backmost AB 218, critics argue, is nan azygous astir evident point authorities lawmakers tin do this legislative session.
The push has gained momentum amid concerns of fraud successful nan first of 2 payouts approved past twelvemonth by L.A. County officials. At $4 billion, it was nan largest activity maltreatment settlement successful U.S. history, pinch nan money group speech for much than 11,000 victims.
The Times reported past autumn connected allegations of fabricated claims revenge by plaintiffs wrong nan settlement, which prompted L.A. County Dist. Atty. Nathan Hochman to open an investigation. Hochman told nan supervisors this week that his agency is reviewing “thousands of claims” for fraudulent submissions and predicted savings successful nan “hundreds of millions if not billions of dollars.”
Speaking astatine nan arena Wednesday, Barger suggested capping attorneys fees — acknowledging that immoderate high-powered attorneys successful nan room were progressive successful nan county’s litigation.
Out of nan $4-billion payout, she said, “about $1.5 cardinal will spell to lawyer fees — coming institution included.”
Barger referenced a erstwhile authorities Assembly speaker known for bare-knuckle tactics, which she said were needed now successful nan Capitol.
“If Willie Brown were up there, I’m judge he’d fastener everyone successful a room and slap immoderate consciousness into them astatine this point,” she said.
Assembly Speaker Robert Rivas has asked California legislators to see changes to AB 218. Critics opportunity intersexual maltreatment lawsuits are driving section governments to nan brink of bankruptcy, while supporters opportunity it is 1 of nan fewer ways for victims of maltreatment to get justice. Rivas said successful Ventura County connected Nov. 18, 2025.
(Myung J. Chun / Los Angeles Times)
This session, Assembly Speaker Robert Rivas has assigned a group of legislators to look astatine what changes mightiness beryllium made to nan law.
A spokesperson for Rivas, Nick Miller, said nan extremity is to supply “meaningful entree to justness for each survivors” without forcing work cuts successful schools and governments.
“There is simply a group of members discussing imaginable solutions that onslaught nan correct equilibrium connected this captious issue,” Miller said.
It’s a tightrope locomotion that nary legislator has mastered.
Sen. Benjamin Allen (D-Santa Monica), who tried past twelvemonth to summation nan load of impervious for these cases, was branded a protector of predators.
Sen. John Laird (D-Santa Cruz) sewage further pinch a pared-down measure only to watch it rustle up past convention complete concerns he was trampling connected victims’ rights.
“I worked difficult to onslaught nan mediate ground,” Laird said. “It conscionable was excessively hard.”
Organized labor, a powerful sound successful Sacramento, could sway nan equation. County unions said they were told many times astatine nan bargaining array past twelvemonth that they couldn’t get raises because of nan monolithic activity maltreatment settlements, perchance mounting them connected a collision people pinch unfortunate advocates.
Lorena Gonzalez, who wrote AB 218 successful 2019 earlier leaving nan Legislature to caput up nan California Federation of Labor Unions, said lobbying firms had been urging unions precocious to return nan lead connected convincing nan Assembly to alteration nan law. The national leaders person yet to return a stance, she said.
“Although there’s immoderate desire to particularly hole what happened successful L.A., location wasn’t an overwhelming desire to rotation it back,” she said.
While serving successful nan authorities Legislature, Lorena Gonzalez authored AB 218, a authorities rule that extended nan statute of limitations for lawsuits complete intersexual maltreatment successful authorities facilities. Gonzalez, now pinch nan California Labor Federation, said astatine Balletto Vineyards successful Santa Rosa, Calif., connected April 26, 2024.
(Jeff Chiu / Associated Press)
A Times investigation past autumn recovered nine clients of Downtown L.A. Law Group, a rule patient that represents thousands of plaintiffs successful nan county’s largest settlement, who claimed that recruiters had paid them to sue. Some clients said they were told to dress up stories of maltreatment that became nan crux of their lawsuit.
The firm, besides known arsenic DTLA, has denied paying immoderate customer to sue. Andrew Morrow, nan main lawyer connected nan cases for DTLA, based on successful a Feb. 13 tribunal filing that nan recent subpoena by nan State Bar seeking their tribunal records arsenic portion of an investigation into nan patient amounted to an “ill-advised sportfishing expedition.” The patient based on that allowing nan State Bar to reappraisal its filings violates clients’ privacy.
“No 1 disputes that these allegations are troubling and, if true, serious,” Morrow wrote. “However, untested allegations printed successful a section newspaper — nary matter really compelling — do not override nan privateness rights” of victims.
Assemblymember Dawn Addis (D-Morro Bay), a longtime advocator for activity maltreatment survivors who vehemently opposed nan past effort astatine changing AB 218, said that “there’s each kinds of discussions astir imaginable solutions” for fraud underway successful nan Legislature.
But limiting victims’ expertise to sue, arsenic immoderate person called connected lawmakers to do, is simply a clear no-go, she said.
“Silencing victims is not nan measurement to get retired fraud,” she said.
Like galore legislators, she pinned immoderate of nan blasted for nan alleged fraud connected mediocre vetting by lawyers for L.A. County. The region has said nan costs of taking depositions for much than 11,000 cases would beryllium “astronomical,” and that nary records beryllium for galore of nan older cases, leaving them defenseless.
In a connection to The Times, a spokesperson for nan L.A. County counsel’s agency said nan Legislature created AB 218 “without a azygous safeguard against fraud.”
“That is their nonaccomplishment to own,” nan connection said. “This is nan strategy nan Legislature built, and they request to hole it.”
The region maintains it is not trying to squash victims’ rights, but alternatively support captious services — pools, parks, wellness clinics — open.
“I americium tired of whenever a authorities charismatic stands up and says, ‘Hey, location needs to beryllium immoderate betterment here,’ that we’re accused of unfortunate blaming, pedophile protecting,” says Joseph Nicchitta, nan county’s acting main executive.
After agreeing to nan $4-billion payout successful April, region officials opted into a 2nd $828-million settlement successful October covering an further 400 cases. Since then, much than 5,000 cases person been revenge that are not portion of either colony and still request to beryllium resolved.
“Let maine show you what will not activity for L.A. County,” Nicchitta said. “The nibbles astir nan edges — ‘Make nan process a small tighter, we’ll require a mates much documents.’”
He said he believes nan Legislature needs to measurement nan request to salary survivors against nan responsibility to support nan societal information nett intact. One solution, Nicchitta said, could impact a victims compensation money that would destruct nan request for personification to prosecute an lawyer successful bid to taxable a declare and person money.
“Acknowledge nan harm, supply existent competition, [and] do it fast,” he said. “You don’t request a lawyer.”
John Manly, a lawyer who has represented activity maltreatment survivors for much than 20 years, sits astatine his rule agency successful Irvine connected Dec. 29, 2023.
(Allen J. Schaben / Los Angeles Times)
After getting flooded pinch activity maltreatment claims related to juvenile accommodation pursuing a akin alteration successful nan statute of limitations, Maryland capped activity maltreatment cases against authorities entities past twelvemonth astatine $400,000 and constricted attorneys’ fees to 25% for cases resolved successful court.
For galore California proceedings attorneys, ideas specified arsenic these are nonstarters.
“The logic they’re proposing a victims’ money is they proceed to cognize that those group don’t person immoderate governmental power,” said John Manly, a seasoned activity maltreatment lawyer who is portion of nan 2nd L.A. County settlement. “The only powerfulness they person is to prosecute a lawyer and get justice.
“We’re going to fight,” he said.
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