No settlement in sex-abuse suits

Catholic diocese could file bankruptcy today

Optimism was in short supply as the clock tickedtoward tomorrow's scheduled start of the first trial from the lawsuits,most of which were filed in 2003.

"The judge seems to feel the gap is not thatwide and can be narrowed or eliminated," said Del Mar attorney IrwinZalkin, who represents about 30 percent of the San Diego plaintiffs.

"It's really up to them. I hope for the sake ofthe victims that Bishop (Robert) Brom thinks long and hard tonight onwhat he wants to do."

Superior Court Judge Anthony Mohr, who mediateddiscussions between teams of attorneys representing the plaintiffs andBrom, the head of the diocese, summoned everyone into his courtroom atthe end of the day.

Mohr strongly urged Michael Webb, the diocese'slead counsel, to refrain from filing for Chapter 11 protection, notingthat the trial in the first lawsuit could be postponed as settlementtalks continued.

"We are at the point where I am still slightlyencouraged," Mohr said. More discussions could yield a settlement, thejudge added, as he encouraged Webb to hold off on his bankruptcyfiling.

Webb responded that he'd have to take it up "with the bishop and the committee who advises him on these matters."

A bankruptcy filing by the diocese would haltlitigation of four lawsuits scheduled for trial between now and June 1,as well as nearly 60 others that a judge has declared are ready toproceed.

But once a bankruptcy judge is assigned and theprocess is going, Zalkin said, the cases already assigned for trialcould proceed in state court.

"As I understand it, the trials could get goingagain, we could get some verdicts and values for these cases and thatwould drive the bankruptcy negotiations," he said. "That said, it is inthe best interest of everyone to settle this now and get it behind us."

Mohr, who was off to a long-planned lawconference in the Bay Area, ordered the cotillion of attorneys toreturn to his courtroom Friday morning and encouraged them to continuenegotiating in the meantime.

As part of his order, Mohr requested that Bromand "as many named plaintiffs as possible" also be present Friday forthe resumption of formal negotiations.

Mohr's order would be moot, of course, shouldthe diocese follow through and file for bankruptcy. In that case,litigation would cease in Superior Court and a federal bankruptcy judgewould take over.

Jury verdicts and settlements in hundreds ofclergy-abuse lawsuits in California have resulted in monetary awardsranging from $1.1 million to $1.6 million, according to plaintiffsattorneys.

Taking the midrange of that, the cases against the San Diego diocese could be worth a total of about $200 million.

Mark Sauer: (619) 293-2227; mark.sauer@uniontrib.com