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Written by Maryann Marino
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Tuesday, 13 July 2010 11:47 |
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Very early one Sunday morning before the June primary election, I left the house with a purpose – I was going to place our CALA yard signs among the hundreds of candidate signs lining the streets of a busy thoroughfare between Newport Beach and Irvine. We had less than a dozen signs to place in between the many signs for candidates running for assembly, judge and U.S. Senate, but I thought it was worth getting the word out that “California Needs More Jobs, Not More Lawsuits.” Now, here we are, nearly seven weeks after the June primary and only one yard sign is still standing - CALA's. Even the city workers who mow the lawn take great care in not moving our sign and mow around it to keep it intact. Could it be a sign of the times? The economy is down. Businesses are closing and people are losing their jobs. The small yard sign screams a message loud and clear – “California Needs More Jobs, Not More Lawsuits.” I continue to receive e-mails and calls from people who see our sign and agree. Have you seen our sign?
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Written by Tom Scott, Executive Director
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Wednesday, 30 June 2010 00:00 |
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I am certainly not a role model for eating habits. Believe me I will jump at an Entenmann's donut any day of the week over a salad, but you will not see me sue Entenmann's. I guess I should have seen it coming. First the County Board of Supervisors in Santa Clara banned McDonald's from putting toys in its Happy Meals. Now comes the Center for Science in the Public Interest sending a letter of intent to sue McDonald's if the toys are not removed from all Happy Meals.
Stephen Gardner, the center's litigation director said "McDonald's is the stranger in the playground handing candy out to children." Are you kidding me? He also went on to say that McDonald's is undercutting parental authority. Really? So these fast food giants are just coming along and jamming Happy Meals down these kids throats behind their parents' backs.
Look there is a serious obesity problem in this nation, but do not blame the fast food companies. All of us have lessons to learn in personal responsibility. Unfortunately, what’s being taught are not the right lessons. We’re getting taught that if you’re fat, blame the fast food restaurants that “forced” you to gobble calorie-rich burgers and fries, if you’re benched in a crucial game, blame your coach or school, if you fall in a supermarket, blame the store, and so on. Basically, we’re being told “it’s not your fault – sue them all.”
According to the U.S. Department of Health and Human Services (DHS), fast food may not even be the cause of most teen weight problems. As it turns out, the couch potato phenomenon doesn’t just apply to adults. Data from DHS shows only 20 percent of high school students are engaged in moderate physical activity for at least 30 minutes a day.
Reforms will help, but the problems with our out-of-control legal system will not be resolved until we reform our way of thinking. We must teach our children – by word and deed – that if you don’t eat right or exercise it’s your fault and nobody elses. We must all change our way of thinking – stop blaming others and accept responsibility for our actions. That’s the most appropriate lesson in personal responsibility for all of us.
So let's try and focus the debate on personal responsibility and some daily exercise and not on suing. The only ones that will benefit from litigation are the trial lawyers.
Cross-posted at Fox & Hounds Daily.
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Written by Maryann Marino
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Friday, 18 June 2010 00:00 |
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Jan Norman, the Orange County Register's small business reporter, reminds us just how important the upcoming November election really is in her blog titled, "Is California Lawsuit Heaven or Hell?" where she discusses a new report by the Pacific Research Institute. The report, the U.S. Tort Liability Index, found that California has dropped eight spots since its last release in 2008, and ranks dead lasat in state tort rules to contain costs and reduce lawsuit abuse, such as class-action reforms, caps on awards and product-liability charges.
Sadly, the stats come as no surprise, as year after year our elected officials fail to pass bills that would bring much-needed fairness to our legal system. Before voting this election cycle, ask your candidates where they stand on civil justice reform. Tell them that stopping lawsuit abuse needs to be a top priority. Take time to ask if our lawmakers will be bold enough to pass reforms that protect all Californians from abusive lawsuits. The report found that just one tort reform would create 141,000 jobs. With more than 161,000 unempoyed in Orange County alone, it is critical that we pass laws that will create more jobs, not more lawsuits. If California legislators won’t reform the civil justice system, then it’s time for voters to change the current legislators for those who will! |
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Written by Maryann Marino
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Wednesday, 16 June 2010 00:00 |
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The Los Angeles Times recently had an article about a Santa Monica woman who was receiving public criticism from a lawsuit filed by a different woman with the same name. This other woman looked up directions on Google and sued the search engine after she was then hit by a car. She blames Google for the accident. Unlike her namesake, the woman bearing the brunt of public abuse does understand that you don’t walk on a highway even when internet directions tell you to do so.
I, for one, appreciate the free service that Google provides and realize timing and exact directions offered on a free service may not always be accurate. I also realize that abusive lawsuits such as this one endanger access to services such as Google maps that most of us enjoy while understanding we bear responsibility as well.
Would you sue Uncle Fred, Aunt Sally or your husband because they give you the wrong directions? It’s only because Google has a lot of money that it became a target for an abusive lawsuit. The reaction of the public illustrates that people understand that abusive lawsuits cost jobs, limit our access to products and services and only serve to extort money for those trying the abuse the system. Unfortunately, the public’s wrath has been directed at the wrong person. |
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Written by Tom Scott, Executive Director
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Wednesday, 09 June 2010 13:54 |
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The primary results are nearly in and the trial lawyers seem to have had a pretty good night. You can check the results at www.sos.ca.gov The election will be certified in 30 days.
There are still thousands of absentee ballots out there, but so far it look like a banner day for the trial lawyers in California. The biggest win for them came in AD 53 with Betsy Butler, their Association (CAOC) Vice President. She blew through a big field of democrats to capture the nomination for the seat being vacated by Assemblyman Ted Leiu. She is currently leading the race with 26.7% of the vote. Her nearest competitor is James Lau with 17.8%. The trial lawyers played a heavy hand in funding her race and this district. This race was expected to be more competitive than the general election will be.
Another race that is still too close to call is the SD 40 race between Mary Salas and Juan Vargas. Mary Salas saw big support from the trial lawyers and right now is holding on to a narrow lead. She has 50.6% and Juan Vargas who has 49.4% of the vote. The outcome lies in the absentee ballots, although Salas has already declared victory. Salas was also heavily back by the trial lawyers.
As far as the statewide offices, we can expect to see trial lawyer money pour into Jerry Brown's campaign as he faces off with Meg Whitman. Another race that will have huge implications for California is the race for Attorney General. After the primary, San Francisco District Attorney Kamala Harris will face Republican Los Angeles District Attorney Steve Cooley and this race's outcome could have big ramifications on the role of the attorney general in our state. And we might be heading for an upset in the race for Insurance Commissioner. Assemblyman Mike Villines is currently trailing a virtually unknown primary candidate by the name of Brian Fitzgerald, who works at the Department of Insurance. Assemblyman Dave Jones, former chair of the Assembly Judiciary Committee, won the democratic nomination and is quite cozy with the trial lawyers.
Voters will have another chance in November to make their voices heard. I urge everyone to be an educated voter. That is the only way we can get California back to the great state it once was.
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Written by Tom Scott, Executive Director
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Wednesday, 02 June 2010 00:00 |
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The CA Commission on Disability Access (CCDA) was established through legislation (SB 1608) signed by Governor Arnold Schwarzenegger in the fall of 2008. It is a 17-member commission with a budget of $80,000 and six committees. One of the committees is the Civil Enforcement Committee, which is designed to look at the whole issue of litigation in California related to the Americans with Disability Act.
Has this committee met since January 1st, 2009? No. Was it supposed to meet? Yes. On May 27th it was supposed to have its first meeting. However it was cancelled due to lack of quorum. It will likely be rescheduled in July sometime. In the meantime ADA lawsuits are being filed left and right throughout the state.
I think it is fair to say that most people in the business community supported SB 1608, not because it was the model legislation that would rid us of these predatory lawsuits, but because it is a compromise that has the potential to end the the rampage of lawsuits being filed by a bunch of trial lawyers in this state. Has it done that? No. Not even close. And the CCDA is doing nothing about it.
One of the principal roles of the CCDA is to "conduct studies relative to specific problem areas and develop recommendations that will enable persons with disabilities to exercise their right to full and equal access to public facilities, and that will facilitate business compliance with the applicable laws, building standards and regulations to avoid unnecessary litigation."
Are you feeling the love? I am not. The CCDA is still trying to come up with a master checklist by July 1st that can be used by building inspectors. I find it rather strange that there never was one and that businesses have been paying the price. There is still not one location a business can go to see what exactly they need to do to be compliant.
In the meantime, the lawsuits continue to flow. The CCDA continues to find its way and there is little if no light at the end of the tunnel. Californians should be outraged that the Civil Enforcement Committee has still not met and this commission does not even have the budget or staff to deal with all the issues related to ADA access.
Cross-posted at Fox and Hounds Daily. |
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Written by Tom Scott, Executive Director
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Monday, 24 May 2010 00:00 |
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The "We Need More Jobs, Not More Lawsuits", continued into the Central Valley last week, starting off in Bakersfield with a meeting at Jocko's Electrical Supply. The owner and General Manager, Bruce Peterson, met with CALA and is a true activist. Peterson is very involved in the National Federation of Independent Business. He gets our message and he is willing to help us spread the word.
The afternoon was spent at the Lowe's on Rosedale Highway. We had a display and handed out flyers and our brochure for four hours. The one thing I have learned in this business is the best way to get your message across is to take it to the people. Most people get it and are willing to listen to you. Bakersfield has been hit hard in this economy as have Central Valley communities.
I finished off the day appearing on the Inga Barks Show, a prominent radio talk show that covers a lot of the Central Valley. The 30 minutes was a good discussion of the tour, lawsuit abuse and where the candidates stand on reform. I even took a couple of calls from listeners, including a call about ADA lawsuit abuse. It seems there is not town in California that is not experiencing them.
The second day I was off to the town of Taft, which is celebrating it's 100th Anniversary. It is really a fascinating town with a rich history. I spoke to the Taft Chamber of Commerce. In the audience were the City Manager, the Police Chief and the Superintendent of Schools. Some of these small communities really do not fully understand how vast the litigation problem is in our state. The audience was very receptive and willing to be supporters of our effort. Then it was off to the Taft Independent newspaper and I was interviewed by Publisher Michael Long. After a good interview, Mike even decided to join us on our Statewide Advisory Council.
From Taft the day continued to Delano where I met with the city's Assistant Executive Director and stopped by the Delano Record. From there I went to Hanford and met with the President of its Chamber of Commerce. I also decided at the last minute to stop by the offices of two Assembly candidates in District 30. Pete Parra, who filled out our candidate survey, and Fran Florez, who did not. Florez has a campaign sign that says, "Water = Jobs." I asked her campaign staff whether she felt the same about legal reform. I think they will get back to me.
The tour continues in Fresno. The days are long, but worth it. People are struggling in this state and business as usual is not the answer. Things need to change. And as we saw from Tuesday's election results, they are. |
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Written by Tom Scott, Executive Director
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Thursday, 13 May 2010 10:03 |
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There is nothing better than getting out of Sacramento and hitting the road to see and hear how consumers and business people are feeling about the times we live in. So on Monday, May 10, I hit the road to start the first phase of the "We Need More Jobs, Not More Lawsuits" tour. The main point of this tour is to get consumers and business people to start asking their candidates where they stand on legal reform. We have a state that is ranked the 46th worst legal climate in the United States and things do not seem to be getting better.
The Central Valley seemed like a good place to start. A lot of key races are going on in that region and people need to get answers from the candidates running for the State Senate and Assembly.
So I hit the road and traveled to communities like Ripon, Modesto, Turlock, Livingston, Atwater, Merced, Chowchilla and Madera. I talked to the media that covers these communities and also to small business people and the various Chambers of Commerce. Everyone seemed responsive to our message. Of all places in the state, the Central Valley definitely understands the need for jobs.
When I pulled into Merced, I needed some money so I went over to the local Bank of America and saw this huge construction project. I saw a trailer marked "ADA Compliance" and asked the project manager what was going on. The angle of the ramp in this B of A parking lot was not compliant with the ADA. It looked like quite the undertaking and this company said they were busy all over the state. I think it is fair to say that there are a lot of jobs in ADA compliance.
The first phase of the tour was a success. Next week it is on to Taft, Bakersfield, Wasco, Delano, Coalinga and other towns along the way. We want to hear your stories and get you involved in CALA. People and businesses need to ask their candidates where they stand on legal reform. Because quite frankly there is not a lot of it occurring in Sacramento. |
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Written by Maryann Marino
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Wednesday, 12 May 2010 09:52 |
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KABC – TV reports they have found a man who doesn’t have to work because he makes his living filing lawsuits against small business owners who are not in complete compliance with the Americans with Disabilities Act (ADA). The story says he’s notorious in the LA Court system because he’s filed at least 70 such lawsuits since 2006 --- at a minimum of $4,000 in damages per incident. His shakedown lawsuits are harming more than just the business community; his unwarranted lawsuits are undermining the credibility of the legitimate disabled community.
In 70 cases looked at by Eyewitness News, the plaintiff had his court fees waived in all but two. KABC-TV said lied he about how many lawsuits he’s filed in a year by checking a box indicating he has not filed more than 12 other claims with the past 12 months. By lying, he gets a break on court fees, which are then paid for using taxpayer dollars.
California is one of three states in the nation along with Hawaii and Florida that makes it very lucrative for people to file unwarranted lawsuits based on technical ADA violations. The store owner is rarely given the opportunity to first fix the problem. There are simply too many state and federal regulations for businesses to know exactly what they are to do to be in compliance. So instead, they are sued.
For years, Citizens Against Lawsuit Abuse has advocated to give small business owners 30, 60 or 90 days to fix the problem. In 2008, Governor Arnold Schwarzenegger signed bipartisian legislation into law that is intended to advance the goal of ADA law, which is to give people with disabilities complete access to public places, without burdening businesses with unnecessary litigation that does not increase disability access. SB 1608 created the California Commission on Disability Access to accomplish the goals laid out in the bill .
Why is the abuse of ADA still happening? SB 1608 had noble goals indeed, but until the Commission is properly funded no real progress can be made and professional plaintiffs will continue making their living filing abusive lawsuits under ADA. |
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