The Signal

Stop the Shakedown Lawsuits Letters to the EDITOR

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California’s court system is in a bad place, hurting our small businesses.

Recently, the American Tort Reform Associatio­n released a report of the worst judicial hellholes in America. Our home state nished in the top ve, marking its 18th appearance on the list.

Being from Santa Clarita, I know all too well the threat of shakedown lawsuits threatenin­g small businesses.

ere are many ways to be targeted by a frivolous lawsuit here, but they all tend to follow the same formula. A few big law rms in the state target small businesses with excessive lawsuits due to minor code violations.

Sometimes, it’s an Americans with Disabiliti­es Act lawsuit; other times, it’s the Private Attorneys General Act. Occasional­ly, you get lawsuits from expansive enforcemen­t of one of our state’s many citizen-passed propositio­ns.

e end result is always the take-it-or-leave-it option of settling or ghting an expensive court case. If you ask me, that doesn’t sound like justice.

And a quick word about settlement­s: As the ATRA report highlights, the state needs to do a better job of providing solid legal ground for businesses to enter into arbitratio­n agreements.

If small businesses don’t even have the option to seek arbitratio­n when a problem arises, the state leaves them to the mercy of wealthy law rms who can outmaneuve­r and outlast us.

And just so lawmakers know, there are a lot of “us.”

You can’t nd a local chamber of commerce where someone hasn’t been targeted with a shakedown lawsuit. ings have gotten so bad that many people are starting to think it’s just the price of doing business in California.

Lawmakers need to put a stop to this madness before our economy sees signi cant contractio­n.

e ATRA report notes that lawsuit abuse costs residents of the state millions in tort tax and lost economic activity, in conjunctio­n with thousands of lost jobs. At the individual level, the victims of abuse are small business owners getting lawsuits from serial lers who see common technical oversights — like a misplaced disclaimer at a checkout register — as a nancial opportunit­y.

To safeguard the economic health of our state, lawmakers must take decisive action.

Reforms should encompass not only the establishm­ent of a fair and accessible arbitratio­n process but also stricter regulation­s on the initiation of lawsuits targeting small businesses for minor infraction­s. Such measures would discourage predatory legal practices and empower small businesses to thrive without the constant threat of frivolous legal action.

e time to act is now.

California’s small businesses are the lifeblood of our economy, and their success is intertwine­d with the well-being of our communitie­s. By implementi­ng comprehens­ive legal reforms, we can ensure that justice is served, businesses are protected, and our state remains a beacon of economic opportunit­y for all. Joe Messina

Saugus

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