CSAC is asking the California Supreme Court to declare
unconstitutional a state law that threatens to plunge counties
and school districts into bankruptcy.
Enacted in 2019, AB 218 (Gonzalez) reopened and expanded the
statute of limitations for expired childhood sexual assault
claims. Now, counties, schools, and cities are facing
multi-billion dollar financial risks that could upend government
finances at a time of unprecedented uncertainty — affecting core
local services including police, fire and schools.
Counties believe childhood victims of sexual assault deserve
justice and are willing to work with interest parties in pursuing
alternative compensation structures, such as those outlined in
a recent report. But trial lawyers often see local
governments’ “deep pockets” without regard to the fiscal impacts
on other vital programs and services. They’ve filed a flood of
lawsuits that could cost public agencies billions of
dollars.
Worse, the governmental bodies lack the tools to defend
themselves because they have traditionally destroyed records of
juvenile wards and dependent children to ensure confidentiality
and because witnesses and other critical information in these
cases—often many decades old – are frequently no longer
available.
One county alone estimates their claim values at $4 billion, and
school districts report claim values between $2-3 billion –
amounts likely to grow substantially in the coming years as
claims continue to be brought.
CSAC is seeking review by the California Supreme Court to
determine if AB 218 represents an unconstitutional gift of public
funds.
CSAC stands ready to help counties protect themselves from cases
that are draining public resources needed to provide essential
public services and uphold the social safety net.
For more information or with any questions, contact Eric Lawyer
(elawyer@counties.org).
