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June 03, 2009


Salva R.

Hey Cheryl, can you please wear your pro-plaintiff bias on your sleeve a little more? Let me ask you this, if you haul me into court on a meritless claim, why should I have to bankrupt myself to defend the claim? So that you can have more settlement leverage? Tom Campbell once again proves why he's the thinking man's candidate, unafraid to take on special interests like the ones you blindly favor.

Cheryl Miller

I agree with you, Salva R., that Tom Campbell is generally considered the thinking voter's candidate. Case in point: While speaking to the Cato Institute on Wednesday, Campbell distributed to his audience nine pages of economic charts that included Milton Friedman's money supply equation, according to the Calbuzz blog.
That's why it seems so un-Campbell-like for him to just throw out the blanket notion of a loser-pays legal system. I would have expected a more nuanced consideration of what constitutes a meritless case and how the state can continue ensuring access to courts under such changes.


Uh, we already do have sanctions for meritless claims. See CCP 128.7 and the a cause of action for malicious prosecution.

Most defendants think the claims of the plaintiffs are meritless. Otherwise, there would be no lawsuit.


Defendants can file a memorandum of costs if a case is dismissed or if the judge rules in the favor of defendant.Those costs then can be reimbursed , if they have the money .Thats the tricky part.

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