Gomez Trial Attorneys

Get A Free Consultation Today! 619-237-3490

Update: GTA Lobbying Efforts the New Anti-Discrimination Law Regarding Plaintiffs in Personal Injury Cases

[profileleft]Sacramento[/profileleft]We published an article a few months ago that highlighted the efforts of California personal injury lawyers Max Halpern and John Michael Montevideo from Gomez Trial Attorneys.  Attorneys Halpern and Montevideo are members of CAOC, or the Consumer Attorneys of California.  They were in Sacramento in May to lobby legislators on several topics including forced arbitration.  In addition to that topic, Attorneys Halpern and Montevideo discussed the problem of forcing plaintiffs to disclose their immigration statuses with courts in California personal injury cases.  Yesterday, Governor Brown acted on what was known as AB 2159 by signing it into law.

See below with an update provided by Attorneys Halpern and Montevideo:

On May 2nd & 3rd, Consumer Attorneys of California (CAOC), including its members from San Diego, was in Sacramento meeting with California Assembly Members and Senators to discuss, among many topics, a bill to stop a prevalent discriminatory civil litigation practice aimed at marginalizing plaintiffs based on their immigration status.

In 1986, the Court of Appeal published the opinion Rodriguez v. Kline (1986) 186 Cal.App.3d 1145.  Rodriguez held a plaintiff bringing a personal injury lawsuit, and claiming a loss of future earnings from her injury, was required to divulge information about her immigration status.  The Court’s reasoning in Rodriguez was that a when an individual does not have immigration status and is subject to deportation, the jury should consider this factor of potential deportation in determining how much money the injured party could make in the future.

Rodriguez had a chilling effect and pressured undocumented injured plaintiffs in a personal injury lawsuit from choosing between (a) revealing their immigration status in a public trial and being subjected to deportation proceedings (b) revealing their immigration status and having the jury scrutinize and judge their legal status in the United States, or (c) not reveal their immigration status and drop their lost future earnings no matter how high the damage.  With large populations in of non-citizens and undocumented workers in cities of San Diego, Riverside, and Los Angeles, those living in Southern California faced greater hardship in bringing a personal injury case than others.

Thankfully, a non-citizen injured plaintiff, who should be afforded all rights under lady justice and not subjected to prejudice based on national origin, will no longer face this dilemma.  Governor Jerry Brown has signed AB 2159 into law, sponsored by Assembly Member Lorena Gonzalez of San Diego.

Added to the California Evidence Code will be section 351.2 – making immigration status inadmissible and undiscoverable in personal injury and wrongful death matters.  CAOC commented, “This bill brings an end to 30 years of inequality for non-citizen plaintiffs in California.”



Related Content:

Our Process... Easy as 1. 2. 3!

Call Us

We will determine your case and submit

We get to work

You will get regular update from us

Win the trial

Collect your compensation

  • “John helped me find doctors, he referred me to his neurologist, his physical therapist, I mean, anything I needed he was right there, every step of the way. I couldn’t have asked for a better result from all of this, I would absolutely recommend Gomez Trial Attorneys.”

  • “During the time I was working with Gomez Trial Attorneys, they treated me very, very well. 100% of the time, they believed me, and they were very compassionate. They felt sorry for what happened and they understood the therapy process.”

  • “They held my hand the whole time and kept me in the loop every aspect of my case which was very refreshing to me. They helped me get my settlement offer as fast as possible and I was able to keep my farm”

  • “The Gomez experience was the best experience it could be for me really, only positive things to say. They really were there every step if the way. Thanks to Gomez Trial Attorneys my dad is able to support my family as a single father”

  • “He opened the door for me to join his firm to help other brain Injury survivors and I never met another firm who is like this who was so understanding and caring who took the extra step and walked the extra mile with their clients and this is the best”

  • “I am very satisfied with the outcome with Gomez and I would definitely recommend Gomez to anybody, we tell people all the time, Get Gomez! They are really thorough with everything and they make you feel real comfortable.”

  • “Just helped us through, guided us through, I kept notes all those years, we had questions all the time and they would always keep us informed of what was going on. They just unlayered it, layer by layer, I’ve never seen anything like them. Thank God for them.”

Get your
free consultation

No Fees Until We Win


24/7 Support & Free Consultation

San Diego

(619) 237-3490

755 Front Street
San Diego, CA 92101

El Centro

(760) 259-2166

301 S 8 street

Solana Beach

(858) 400-4333



(951) 355-7770



(951) 900-3440

2 Better World Cir, Suite 220, Temecula, CA 92590

St. Petersburg

(727) 500-1076

880 21st ave n
St. Petersburg, FL 33704