California
California trial attorneys push bills to rein in ‘bad actors’ in legal industry
A group of California trial lawyers is backing a package of bills aimed at policing their industry by ramping up the penalties for attorneys who recruit clients illegally or prioritize the desires of hedge fund investors.
The Consumer Attorneys of California, a prominent trade group, said it is supporting two bills this session meant to crack down on the “small number of bad actors engaged in illegal conduct that threatens to undermine public trust” in the state’s legal bar.
The group said the bills, introduced Monday by Assemblymembers Ash Kalra (D-San José) and Rick Chavez Zbur (D-Los Angeles), were a response to recent Times investigations involving California lawyers. The Times found nine clients within L.A. County’s $4-billion sex-abuse settlement who said they were paid to sue and, in some cases, fabricate claims that became part of the historic payout. Another story examined opaque investor financing arrangements used by some firms.
“We’re not trying to insulate ourselves from accountability,” said Douglas Saeltzer, president of the attorney group, in an interview. “There needs to be consequences.”
The bill introduced by Zbur would disbar any attorney who is convicted of illegally soliciting clients. Kalra’s bill would ban private equity firms and hedge funds from dictating case strategy after giving money to a law firm.
Plaintiff’s attorneys say the legislative push is an attempt to clean up their profession’s image. It comes amid efforts by companies and governments frequently targeted by lawsuits to rein in a barrage of litigation.
Uber is pushing a measure for the November ballot that would limit how much lawyers can collect in fees for car crash cases, encouraging Californians to “stop the billboard lawyer scam.” A coalition of California counties has simultaneously begun circulating language to lawmakers that would limit attorneys’ ability to sue over older sex-abuse cases, pointing to recent allegations of fraud.
Zbur’s legislation, Assembly Bill 2039, would require the State Bar strip the license of any attorney with a felony conviction for a practice known as capping, in which law firms directly solicit or procure clients to sign up for lawsuits. Currently, attorneys convicted of capping can face suspension or probation, but are eligible to keep their license.
Under the bill, the attorney also would be disbarred for a misdemeanor capping conviction if the lawyer “acted knowingly and for financial gain.”
“It really is making very clear that if you’re engaging in this kind of capping, then there’s going to be a consequence,” Zbur said.
All clients who said they were paid to sue L.A. County over sex abuse were represented by Downtown LA Law Group, one of Southern California’s largest personal injury firms. The firm, also known as DTLA, is under investigation by the district attorney, the State Bar and L.A. County.
DTLA has denied any wrongdoing and said its lawyers “operate with unwavering integrity, prioritizing client welfare.”
Zbur’s bill also would provide whistleblower protections to people who report on attorney misconduct and tighten the rules around client loans. California is one of the few states where lawyers can lend money directly to clients.
Other states have barred the practice, concerned that direct loans give an attorney too much leverage over their clients.
The second bill introduced Monday, AB 2305, is aimed at the rising trend of private equity firms and hedge funds lending money to law firms and profiting from the payouts. The Times reported in December that investors were financing some of the flood of sex-abuse litigation against L.A. County.
Supporters of litigation finance say it gives attorneys the funding they need to take on deep-pocketed corporations and represent victims who can’t afford to sue on their own. Critics say investors can secretly sway case strategy, putting their profit before the best interests of a client.
“These Wall Street investors are salivating,” Kalra said. “This is just gonna clearly say, ‘No, no more. We’re not gonna allow these types of investments to influence the practice of law.’”
Kalra’s bill would bar investors from weighing in on litigation, such as who the firm should take on as a client and when they should settle a case. Any contracts that allow investor influence would be void under the law.
It’s unclear how the restrictions would be enforced. It’s often difficult to tell when an investor is financing a firm’s caseload, much less whether they’re exerting influence on a case.
Lawyers already are barred under the State Bar’s rules from allowing a third party to dictate case strategy and are barred in many cases from sharing legal fees with a nonlawyer.
“We’re finding that’s not enough,” Kalra said. “We actually need clear statutory safeguards.”
California
HGTV names 2 Northern California towns amongst best suburbs in the U.S.
Five favorite walkable, bikable cities in America
USA TODAY 10Best readers voted these five cities as the most walkable in the nation. Check out the full list of 10 Most Walkable Cities on 10Best.com.
Scott L. Hall, USA TODAY
A lifestyle television network recently released a list on its website of the hottest suburbs in the city, with two in California
Home and Garden Television, or HGTV as it’s most commonly known, released its list of the 20 hottest suburbs in the country for those hoping to escape city life.
HGTV partnered with Suburban Jungle, a website that advises people move from cities to suburbs, to create the list.
The channel’s website cited entertainment, seasonal festivals and local theater programs as just a few perks to suburban living.
So, what are the best suburbs according to HGTV?
What are the best suburbs in the U.S.?
Among the list of the 20 hottest suburbs around the U.S., two California towns near San Francisco made the cut.
Mill Valley, a small town in Marin County, has an estimated population of about 13,904 as of 2024.
The city is just outside San Francisco and is known for its Mill Valley Film Festival amd live performances at Sweetwater Music Hall or Throckmorton Theater are available to residents.
“Mill Valley has a one-of-a-kind natural environment and access to nature: It borders Muir Woods National Monument, Golden Gate National Recreation Area, Mount Tamalpais State Park and the San Francisco Bay,” said Pam Goldman, head Bay Area strategist for Suburban Jungle to HGTV.
Redwood City was the second California town among the hottest suburbs in the country. It is located in the heart of Silicon Valley and about 27 miles from San Francisco, HGTV says.
The city has an estimated population of 82,982 as of 2024 and several tech companies. Despite the tech presence, the town maintains a close-knit feel and has several year-round community events on Broadway, as well as seasonal events such as Oktoberfest and Music on the Square, the home and garden website said.
“Redwood City has lots of energy and youthful vibes, and it’s also right between San Francisco and San Jose,” Goodman said.
Top 20 hottest suburbs, according to HGTV:
- Chappaqua, New York
- Larchmont, New York
- Summit, New Jersey
- Port Washington, New York
- Greenwich, Connecticut
- Westport, Connecticut
- Glencoe, Illinois
- La Grange, Illinois
- Needham, Massachusetts
- Winchester, Massachusetts
- Lafayette, Colorado
- Littleton, Colorado
- Bethesda, Maryland
- Fairfax, Virginia
- Boca Raton, Florida
- Wesley Chapel, Florida
- Mill Valley, California
- Redwood City, California
- Dunwoody, Georgia
- Milton, Georgia
Ernesto Centeno Araujo covers breaking news for the Ventura County Star. He can be reached at ecentenoaraujo@vcstar.com, 805-437-0224 or @ecentenoaraujo on Instagram and X.
California
Contributor: California law limiting bail is clear. Will judges keep ignoring it?
Gerald Kowalczyk tried to buy a hamburger with credit cards he found on the floor. Then, while presumed innocent, he spent months in a California jail — not because a judge determined he was dangerous, not because he threatened anyone, but because the court set bail at $75,000 for a man who couldn’t afford it, then simply denied bail altogether, in defiance of the law. Last week, the California Supreme Court unanimously said no more. The court held that pretrial liberty is the norm; incarceration before conviction for any crime is the rare, carefully limited exception. If courts choose to condition freedom on a monetary payment it “must” be “an amount that is reasonable.”
For years, California courts ran an unconstitutional shadow detention system. The mechanics were straightforward: Set bail at an amount the defendant cannot pay and the result is the same as ordering detention outright. As the court explained in its Kowalczyk ruling, pretrial detention requires strong evidence of a serious charge and “clear and convincing evidence establishing a substantial likelihood that the defendant’s release would result in great bodily harm to others.” Instead, as Justice Joshua P. Groban explains in concurrence, courts have used money bail to detain poor people accused of nonviolent offenses with “devastating repercussions for their employment, education, housing, access to public benefits, immigration status, and family stability.”
This wasn’t a bug. It was the system.
Last week’s ruling closes that loophole — unambiguously and unanimously. Courts can no longer use unaffordable bail as a backdoor detention order. Where detention isn’t authorized, bail must be set at an attainable amount, based on the defendant’s actual circumstances. The ruling builds directly on the Humphrey precedent from 2021, a California Supreme Court decision that first held wealth-based detention unconstitutional and a case I helped bring.
I know how hard these victories are to win. I also know how easily they can be ignored.
Even after Humphrey was decided, across Santa Clara, San Mateo and Alameda counties, judges asked about a defendant’s financial circumstances exactly once out of nearly 250 observed cases. In more than 95% of hearings, judges cited no legal standard at all when ordering detention. More than 90% of people jailed pretrial were charged with offenses that didn’t even qualify for detention under the California Constitution: shoplifting, driving without a license, vandalism. These findings came from Silicon Valley De-Bug, a community organization whose members spent years watching what happens in arraignment courtrooms.
The system didn’t follow the rules set out in Humphrey. We must ensure the system makes good on the unanimous ruling in Kowalczyk.
Start with public defense. California is one of just two states that contributes no funding to trial-level public defense, leaving the 58 counties with no state standards or oversight. The result is a patchwork of wildly unequal and inadequate representation. Last week’s ruling requires courts to make individualized findings about flight risk, public safety, alternative release conditions and ability to pay — which means defense attorneys must be present at or before arraignment, prepared to make ability-to-pay arguments, demand findings and challenge unaffordable bail on the record. In counties where public defenders carry caseloads of 100 or more, that is not happening. It cannot happen without resources.
Then there is the question of alternatives. The ruling requires judges to consider conditions of release — drug treatment, check-ins, social services referrals, in serious cases ankle monitoring — before resorting to money bail or detention. But these options exist only where counties have invested in pretrial services outside of law enforcement, programs such as San Francisco’s Pretrial Diversion Project. Most haven’t. A constitutional right to alternatives is hollow without alternatives for judges to choose from.
Finally, the Judicial Council, which makes policy for California courts, should establish monitoring standards, reporting requirements and training protocols that ensure courts no longer impose unnecessary or unconstitutional pretrial incarceration.
Kenneth Humphrey spent 250 days in jail for $5 and a bottle of cologne. Gerald Kowalczyk spent months inside for a hamburger. Behind each of them are tens of thousands of Californians who spent similar time behind bars unjustly, who lost jobs and homes and custody of their children, because the system treated their poverty as grounds for imprisonment.
The Supreme Court has now said clearly what our Constitution has since 1849: Pretrial liberty is the norm. Pretrial detention is the carefully limited exception. There is a good reason for the presumption of innocence: 1 in 3 California arrests does not lead to any conviction, and upending people’s lives by jailing them pretrial is so destabilizing it actually increases future crime.
Let’s ensure this presumption of innocence means something in practice if you, or your loved one, need it.
Chesa Boudin is the former district attorney of San Francisco and the executive director of the Criminal Law & Justice Center at UC Berkeley School of Law.
California
29 youths busted with fake IDs at California restaurant
Twenty-nine people were busted with fake IDs inside a sushi restaurant on California’s Central Coast on April 23, according to the San Luis Obispo Police Department.
Undercover agents with the California Department of Alcoholic Beverage Control busted the underage drinkers at HaHa Sushi and Ramen on the 1000 block of Olive Street. Inside the restaurant, agents saw “a large group of youthful-appearing individuals” ordering and drinking alcohol, the San Luis Obispo Police Department said.
“In accordance with state law, agents contacted and identified the members of the group, discovering no one was 21 years old and every person was in possession of a fake identification card,” police said.
During the investigation, 29 people were cited and released for possession of a fake ID. Six of these suspects were arrested for being minors in possession of alcohol. All of the suspects were cited and released from custody at the restaurant.
“Preventing the sale of alcoholic beverages to minors helps increase public safety by reducing DUI arrests and collisions,” the San Luis Obispo Police Department said. “Statistics have shown that young people under the age of 21 have a much higher risk of being involved in a collision than older drivers. About 25% of fatal crashes involve underage drinking, according to the National Highway Traffic Safety Administration.”
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