POL POSITION:Don’t turn a blind eye to lawsuit legislation reform

I am deeply concerned about the growing tendency of people going to court and suing over the seemingly most insignificant things.

Just last week, there were reports in the press about a man who sued his dry cleaner for $54 million because a pair of his pants was not cleaned to his satisfaction. The lawsuit was based on a sign at the cleaners that stated “Satisfaction Guaranteed.” Those who misuse our legal system for their own financial gain undermine the proper administration of justice and saddle society with a higher cost of living.

That is why tort reform has been one of my top priorities since I first came to the Legislature in 2000. Since then, I served for nearly six years as the vice chairman of the Assembly Judiciary Committee and, after being elected to the Senate last year, I now serve as the vice chairman of the Senate Judiciary Committee.

However, I must admit that during my years in the legislative arena, tort reformers like myself have not been very successful.

Thankfully, Gov. Schwarzenegger’s historic election to office has improved the odds for tort reform. Not that reform measures have any greater chance of passing the Legislature, for the Legislature hasn’t changed one iota. Rather, the governor can and has used his office as a bully pulpit.A case in point occurred in 2003 when Schwarzenegger used the budget process to force changes in the so-called “Sue Your Boss” law. This law was riddled with deficiencies and allowed disgruntled employees to sue their employers with shakedown-type lawsuits based on technical workplace violations. The governor also threw his weight behind the voter-approved Proposition 64, the “Stop Shakedown Lawsuits” initiative. With the support and backing of the governor, this ballot initiative was overwhelmingly approved by the voters. These victories have helped to improve California’s business climate and economy and at the same time, cut down the number of frivolous lawsuits clogging our court system.

Another important tool the governor has at his disposal in the fight against lawsuit abuse is the power of the veto pen. Schwarzenegger will have an opportunity later this year to veto a slew of bad legislation that appears to be headed toward his desk for approval. Two measures I have respectfully asked the governor to veto when they reach him later this year are Senate Bills 622 and 942.

Both measures will allow for an expansion of lawsuit abuse. SB 622 deals with the difficult problem of defining the difference between an “employee” and an “independent contractor.” This measure creates a new excuse to sue employers and expose them to huge penalties for “willful misclassification” of an employee as an independent contractor. Never mind there are no clear compliance guidelines for the employer to follow, just go ahead and sue anyway! The other bill, SB 942, seeks to increase lawsuits against employers by expanding anti-discrimination laws related to workers’ compensation claims. Both of these bills will do nothing more than spawn a flurry of frivolous lawsuits.

Now, don’t misunderstand my tort reform stance as “lawyer-bashing” or as a lack of faith in our judicial system. I derive great professional satisfaction from being an attorney and I believe an equal and independent judiciary is a necessary component of our democratic form of government. However, we should never turn a blind eye to what human greed can do to our legal system.