CJAC: Civil Justice Association of California

ADA Lawsuit Forces Popular Folsom Restaurant To Shut Down

Posted on 07/08/2013 @ 01:00 PM

Tags: Americans with Disabilities Act

We regret to report that the Lake Forest Cafe, a popular restaurant in Folsom that has been open for 31 years, served its final meal yesterday after succumbing to an ADA lawsuit. The restaurant was sued by a man who has filed 27 lawsuits since January 2012, according to KCRA.

Owner Barbara Rubin told KCRA, "I could see the writing on the wall once we went into litigation. I knew there was no way I could turn it around. I do not have the financial ability to stay."

The story shows that ADA lawsuits continue to take a toll even with the passage of SB 1186 in California last year.

Read more here.

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Public Affairs Conference Recap

Posted on 07/08/2013 @ 10:00 AM

We are happy to report that our first-ever public affairs conference was a great success! From June 26th-28th political and legal experts from across the state gathered at the Montage Hotel in Laguna Beach to discuss a wide variety of issues affecting California.

Please click here to see some photos and more info about the conference.

Thank you so much to all who participated and made the event possible. We look forward to hosting more like it in the future.

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Update on MICRA Fight

Posted on 06/21/2013 @ 04:00 PM

Tags: Medical Liability/MICRA

We recently reported that the plaintiffs' bar had begun a new campaign to overturn California's Medical Injury Compensation Reform Act (MICRA), a law that limits non-economic damages in medical malpractice cases but allows for unlimited economic and punitive damages. They are threatening to put a measure on the ballot in 2014 if the Legislature does not at least quadruple the non-economic damages limit.

In addition to that announcement in early May and posting a billboard in Sacramento, the plaintiffs' bar has also begun running a TV ad in Sacramento and sending direct mail to a few Sacramento households pushing for changes to MICRA.

Additionally, the Consumer Attorneys of California, the organization that lobbies for plaintiffs' lawyers, recently partnered with additional contract lobbyists in Sacramento, a move that suggests they will make a push in the Legislature this year against MICRA.

Thus far, none of their new lobbyists nor their political campaign seem to be getting much traction, but CJAC continues to prepare for any such attempt and will join with the MICRA coalition in forcefully defending the law. To date, no bill has been introduced.

Meanwhile, we also continue to fight the plaintiffs' bar in the courts on the MICRA issue. Fortunately, their challenges continue to hit a brick wall. This week the 1st Appellate District heard arguments in Gavello v. Millman and Fred Hiestand, General Counsel for CJAC, appeared in court as amicus curiae to defend MICRA. As the Daily Journal reported, the judges did not appear interested in meddling with the law. You can read CJAC's amicus brief in this case here.

The goal of plaintiffs' lawyers of course is to generate larger lawsuit payouts against health care providers and legal fees for themselves. The result would be increased health care costs and reduced access for patients to care from the doctors they know and trust.

To stay informed as updates arise, please sign up for our monthly newsletter here and follow us on Twitter and Facebook. We will need you to take action as this battle plays out.

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CJAC Public Affairs Conference is One Week Away...

Posted on 06/19/2013 @ 07:00 PM

CJAC's public affairs conference, California and the Courts, is one week away! The final agenda can be found here, along with registration and sponsorship information.

We are very excited to be hosting the chairmen of the California Republican and Democratic parties, Jim Brulte and John Burton, along with many other political and legal experts that will serve as panelists on Thursday and Friday (June 27-28).

We hope to see you! Please let us know as soon as possible if you can join us.

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Lots of Wins As Legislative Year Reaches Halfway Point

Posted on 06/03/2013 @ 07:00 PM

Tags: Legislature

We have reached the halfway point of the legislative year and we are pleased to report that 21 of the 31 bills we opposed at the start of the session have already been stopped or adequately amended. Additionally, 19 bills that we are supporting are still alive.

We've had a number of significant victories during the first half of the legislative year. Just last week, we and our coalition members defeated AB 802 by Assemblymember Bob Wieckowski (D-Fremont), which would have created onerous requirements for arbitration companies. The bill was not taken up on the Assembly floor due to lack of support and cannot move forward this year.

We also stopped SB 617 by Senator Noreen Evans (D-Santa Rosa), which would have expanded the reasons for which California Environmental Quality Act (CEQA) lawsuits could be filed. The bill was not taken up on the Senate floor and is dead for the year.

Meanwhile, efforts to reform CEQA and Prop. 65 continue to move forward. SB 731 (Steinberg), AB 37 (Perea), and AB 417 (Frazier) are all CEQA reform bills supported by CJAC and have advanced to the next house. AB 227, Assemblymember Mike Gatto's Prop. 65 reform bill, was approved by the Assembly unanimously and will now be considered by the Senate.

Please go to the Legislative Center on our website for more information on all the bills we are tracking.

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