Appellate Court Orders SoCalGas & LA County District Attorney to Explain Why They Settled Criminal Matter Without Restitution for Porter Ranch Gas Blowout Victims
“As chairperson of the plaintiffs' attorneys Restitution Committee, I
could not be more pleased. The magnitude of the damage suffered by the
many victims and the victims' rights issues posed deserved appellate
review. Now the thousands of victims will get their day in court.”
~ Hon. Steve Cooley, former Los Angeles County District
Attorney 2000-2012
The California
Court of Appeal Second District has ordered Southern California Gas
Company (SoCalGas) and the Los Angeles County District Attorney’s Office
to show cause as to why the Aliso Canyon Gas Well Blowout Victims should
be deprived of their constitutional
rights -- putting a spotlight and calling into question a hasty plea
deal between the parties that denied criminal restitution to the victims
of the single, worst natural gas well blowout in U.S. history.
Under Marsy's Law, victims of crime in California have a right to be
paid for damages before any government agency, but that hasn't been the
case for the thousands of victims affected by the criminal misconduct of
SoCalGas. A September 2016 plea agreement between the LADA's Office and
the utility company hobbled the victims ability to seek restitution by
allowing SoCalGas to pay a $75,000 fine and enter a no contest plea to
one misdemeanor charge of failing to timely report the release of
hazardous materials from the Aliso Canyon Gas Storage Facility. The
agreement was reached without the victims' attorneys being present and
did not require the utility to make restitution to any person for
economic loss, including businesses -- a violation of the Victim's Bill
of Rights.
“The order issued by the Court of Appeal will allow the voices of the
victims to be heard, something they weren't afforded by SoCalGas or the
Los Angeles County District Attorney's Office when they struck their
plea deal and denied our clients their constitutional right. Thousands
of residents suffered the consequence of SoCalGas' criminal negligence.
Restitution for their damages should be the first priority of the People
under California law."
~ Brian Panish, Plaintiffs Co-Lead Trial Counsel
Attorneys for the victims took the matter up to the California Court of
Appeal after the Appellate Division of the Los Angeles Superior Court upheld
the plea agreement and accepted SoCalGas’ and the LADA’s Office
argument that there was no causal link between SoCalGas’ criminal
conduct and the economic losses and damages suffered by the victims.
Plaintiff’s Attorneys sought to answer important questions of criminal
law, including whether a crime victim has a constitutional right to
priority in payment of economic losses – a request that was also denied
by the appellant panel.
"Now, SoCalGas, the LA District Attorney's Office and the Attorney
General’s Office will have to justify why victims must wait to recover
their out-of-pocket losses when the State's constitution says otherwise.
If victims are stripped of their constitutional rights, regulatory
agencies, city and county attorneys and State Attorney General’s
attorneys will get paid before the victims. Does that sound right?"
~ R. Rex Parris, Plaintiffs Steering Committee
The Appellate Court has set a deadline of December 17 by which both
SoCalGas and the Los Angeles County District Attorney's Office must
respond to the court order, with attorneys for the victims replying by
January 18, after which the Court will set a date to hear oral arguments
from all parties and issue a written opinion based on the merits.
"While I know the fight isn’t over, this decision gives me hope that
the justice system will finally work for the people instead of against
them."
~ Demetrius Crump, victim of SoCalGas criminal misconduct
Demetrius Crump, et al v. Superior Court of the State of California
Los Angeles
Court of Appeal of the State of California, Second
Appellate District, Division Eight
Case No. B292786
About Panish Shea & Boyle LLP
Panish Shea & Boyle LLP represents plaintiffs in wrongful death,
catastrophic personal injury, product liability, mass torts, and
business litigation cases. Firm attorneys serve in leadership roles in
some of the largest personal injury cases against utility companies in
the state including Southern California Edison (SCE), Pacific Gas &
Electric (PG&E), and Southern California Gas Company, and dedicate
themselves to obtaining justice for clients who are dealing with a
life-altering injury, death of a family member or other challenges
caused by the wrongful act of another. The firm is consistently ranked
among the best plaintiff's law firms in the country, including by U.S.
News & World Report, where it's recognized as a Tier One law firm in the
areas of Plaintiffs Personal Injury Litigation, Plaintiffs Product
Liability Litigation, and Mass Tort Litigation/Class Actions as well as
by the National Law Journal which named the firm in its Elite Trial
Lawyers list. psblaw.com
About PARRIS Law Firm
PARRIS Law Firm, a Los Angeles County-based business, has devoted the
past 33 years to helping families who have been victims of catastrophic
injuries as a result of someone else’s careless actions. PARRIS Law Firm
has secured numerous multi-million dollar victories, including a
record-breaking defamation jury verdict in Los Angeles for $370 million,
a $135 million wage-and-hour class action settlement, a $57 million
verdict for brothers involved in a head-on collision with a big-rig
truck, and a $42 million verdict for a man who was severely injured in a
horrific T-bone collision. Widely recognized as one of America’s top
Personal Injury, Employment, and Environmental law firms, PARRIS Law
Firm has the proven track record necessary to help families in need. www.parrislawyers.com
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