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An end to diocesan “gamesmanship”
Description: An end to diocesan “gamesmanship”
Article originally prepared on : 02 September 2007
http://www.calcatholic.com/news/newsArticle.aspx?id=cfc159a2-6154-4de7-a4c9-c4e6cae52ccf
An end to diocesan “gamesmanship”
Federal judge orders first round of clergy sexual abuse cases against San Diego diocese to go to trial.
A federal bankruptcy judgeon Friday has ordered immediate jury trials for 42 civil clergy sexualabuse lawsuits filed against the San Diego by 58 plaintiffs.Plaintiffs’ lawyer Andrea Leavitt praised Judge Louise De Carl Adler’sdecision, saying she “has the wisdom to grasp the gamesmanship thevictims have been subjected to for years by the diocese,” according tothe Aug. 25 Los Angeles Times.
The decisions, say lawyers for alleged victims, could force the diocese to come to an acceptable settlement.
Over 150 claimants have filed lawsuits against the diocese. LastFebruary, when the first of the lawsuits was about to go to trial, thediocese filed for bankruptcy protection – becoming, according to the Times,the largest diocese in the United States to do so. The diocese, whichsaid it would become insolvent if forced to pay damages, offeredclaimants a $95 million settlement, which has been refused – and, inher recent ruling, Adler said the amount is “far below the historicstatewide average of payments” to plaintiffs who sue in civil court.Plaintiffs’ lawyers are seeking about a $200 million settlement.
Adler has questioned the diocese’s accounting. In April shequestioned why some parish bank accounts were not listed in courtfilings and why 98 parishes held 770 bank accounts. She criticized Fr.Bruce Osborn who, writing on behalf of a diocesan organization ofparishes, told told parishes to get new taxpayer identification numbersand transfer their funds to new accounts. Adler had told the diocesenot to transfer funds while bankruptcy proceedings were going on.
Plaintiffs’ lawyers have charged that the diocese has low-balledthe value of it assets in reports to the court because they were notbased on current appraisals. In defense, Bishop Salvatore Cordileonesaid the diocese does not obtain periodic property appraisals becauseit and the parishes “purchase real property and make improvements onlyto accomplish the mission of the Church ... it would have been purespeculation for the diocese to have estimated market values withoutgoing through the lengthy and expensive process of obtainingprofessional appraisals.”
Adler said she will rule on Sept. 6 whether to allow the diocese’sbankruptcy proceedings to go forward. Lawyers for the diocese have saidAdler does not have the authority to send the 42 cases to the superiorcourt for trial.If you wish to keep this article alive in the Internet Archive simply click the link below.
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