California Class Action

If you're a volunteer class action lawsuit coordinator for your state, start a thread here and in the message area for your state. We need fifty coordinators... one for each state. If there's already one for your state you can volunteer to help or just post that you want your case considered for inclusion in the lawsuit.

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emeraldbrook
Posts: 21
Joined: Fri Jun 15, 2012 3:36 pm

California Class Action

Postby emeraldbrook » Sat Sep 29, 2012 12:29 pm

I recently received a free legal consultation in a legal clinic regarding suing the CPS for making my normal thriving 9yo disabled after 18 months of severe abuse including a stay in critical care at a hospital, after which they sent her back to the abusing foster parents for several months. Whenever I tried to talk to the CPS about the abuse they would yell at me, say the foster parents 'were doing the best they can" and threaten TPR if I talked about it.

The attorney recommended a class action law suit. Linda has mentioned that many people start class actions, but they never get far. Would someone please tell me why the class action law suits never get very far?

I tried for four months to find an attorney for an individual suit, and could not find one attorney that is qualified that I could trust to provide due diligence for us. The attorney I hired when my daughter was in CPS/foster custody was offered a job by the Lameareaux Justice center, so he sold us out after taking many thousands of dollars from me (you can see all the negative comments about Rich Pfeiffer in the attorney listing section). I spoke with a director for a human rights nonprofit recently who told me that over 90% of attorneys work for the 1%, even the attorneys that pretend to be working for individuals. I have gone through the attorney listings on this site, I have spent many days pouring through case law in the legal library, and cannot find one good attorney in California that we can trust. My daughter who was normal, thriving, beautiful, highly intelligent (the social workers would "ooh" and "aah" over how smart she was); she is now severely disabled, cannot finish school, is unable to work. Her dream was to marry and have children; that will most likely never happen for her. I used to earn a six figure income as a professional; now I have to care for her 24/7/365.

My daughter wants to fight for justice and help all the children being abused in the CPS system, and to stop them from taking children from protective parents. Any ideas on how to find an honest, competent attorney that would work on this?

I am interested on organizing a class action for California, but I would first like to investigate why these cases never get very far.

Mean time, they just keep stealing the children and abusing and murdering them. Why isn't anyone doing anything to stop this?

User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: California Class Action

Postby Eljay » Sat Sep 29, 2012 1:34 pm

Class actions suits need to have a "class" or "group" of people that all suffered from the same maltreatment/defective product/egregious behavior. If a pharmaceuticals company sold a diet pill that caused your skin to turn green, then EVERY SINGLE person who bought that drug would be part of the class. They would ALL get the price of the product refunded and would ALL be entitled to reimbursement for the medical expenses related to eliminating the green skin.

With CPS cases, it is uncommon for ALL people involved to have had the same issues/results/problems. Your individual experience with CPS is going to be different than every other person's experience. Each child is going into different foster homes. There are many different case workers. Children are different ages. Reasons for CPS intervention are all different.

I do know of one class action suit that was successful. I will provide the link, but if memory serves, it was LA County DCFS and the class was a group of children (5 teenagers) who had been denied proper medical care, primarily psychological care. They were all residents of the same group home, and said group home was shortly thereafter shut down.

http://dcfs.co.la.ca.us/katieA/settleme ... index.html

So.... not very common that you can lump CPS victims into a class. The class all have to have suffered from the same inadequacy.

Have you already tried... if so PLEASE let us know what their responses are/were:
Shawn McMillan http://www.mcmillan-law.com/?cmd=Shawn
Lauren Johnson http://www.californiacriminaldefender.c ... 03254.html
Robert Powell http://www.howellfamilylaw.com/
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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User avatar
Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: California Class Action

Postby Eljay » Sat Sep 29, 2012 2:19 pm

BTW, the ACLU was behind the DCFS/Katie A. suit.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----


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