Release: Bill Would Make Appeals Process Fairer

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CJAC today urged state legislators to support a bill that will eliminate rules that unfairly penalize public and private defendants for appealing civil trial decisions to a higher court.

Senate Bill 1117, authored by Senator Mimi Walters (R-Laguna Niguel) and sponsored by CJAC, would ensure that defendants pursuing legal appeals would pay interest on judgments at a rate comparable to market rates during the appeals process, not the fixed 10 percent currently set by state law.

"Although the issue seems obscure, the current process makes defendants think twice about appealing because if they lose the appeal, the amount of money owed to the plaintiffs can jump by as much as 20 percent," said CJAC President John H. Sullivan. "For example, if the appeal of a $1 million judgment took two years to complete and was unsuccessful, a defendant would owe an additional $200,000."

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