Yanni responds to Hart article

After reading the article in the Paradise Post, “Couple claims Fire Victim Trust did not fairly compensate them,” your readers might come away with the sense that the Fire Victim Trust (FVT), or I as the Trustee, have acted in a way that was deliberately harmful to Mr. and Mrs. Hart.

I can assure you the opposite is the case: the FVT and I are here for a single purpose, and that is to help fire victims recover and move on successfully with their lives, as much as possible. Since I also believe transparency and accountability are vital to this process, I wanted to respond to your article.

The truth of the matter is the FVT acted in the only way the law allows us to. Complying with decades of California law, the Trust applies a Diminution in Value formula if a claimant has sold their property. Here’s the most important point: there never was any change in Trust policy. Diminution in Value must be applied when claimants sell their home. Your article suggested otherwise, as have some attorneys, but I can assure you that is not the case.

Also clear in the Trust’s governing documents (and quoted in the article) is the fact that when the Harts decided to appeal, and the appeal was not granted, the Trustee decision was “final, binding and non-appealable and is not subject to review by any court.” It was implied in your article that I can somehow overturn the appeal determination. That is not possible or true. I cannot rewrite the rules approved by the bankruptcy court that created the Trust, nor can I rewrite the many years of case law that guided the Trust’s decisions. I have a duty to all fire survivors to apply the law and the Trust’s guidelines equally to everyone.

— Cathy Yanni,

FVT trustee