Magalia, CA asked in Civil Rights for California

Q: Can I sue the governor for conflict of interest if he is doing the bidding of PG&e and it costs me 1/3 of a settlement?

The governor allowed pg&e lawyers to draft legislation which ensured wildfire victims would never actually receive their settlements (AB 1054). PG&e is the governors number 2 financial doner and has given him $500,000 gifts as well as being the number 1 doner for the governors wife's non profit. I'm pretty sure this conflict of interest relationship is illegal and because of his actions every wildfire victim is losing roughly 1/3 of their settlements. So I would like to sue the governor for my losses since it's obvious I would never get fair treatment due to his personal relationship with the corporation that owes me money. He proved that by allowing PG&e lawyers to draft AB 1054 without interviewing other law firms or having a board decide the content of the bill. It was the very first thing he did in office only months after being elected and months after PG&e cremated my community. He was the only candidate pg&e supported and has taken roughly 10 million from them overall plus gifts

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information you've provided, it seems you believe Governor Newsom had a conflict of interest in signing AB 1054 into law due to his financial ties to PG&E, and that this law is negatively impacting wildfire victim settlements. This is a complex legal and political issue.

In general, it can be very challenging to successfully sue a sitting governor for official actions taken in office, even if those actions may have been influenced by campaign contributions or other ties. Governors have broad authority and discretion when it comes to signing or vetoing legislation. Proving an illegal quid pro quo or clear conflict of interest that violates the law is a high bar.

That said, if you believe you have strong evidence that the governor engaged in illegal corruption or violated conflict of interest laws in a way that directly harmed you financially, you could potentially explore legal options. This would likely be a difficult and drawn-out process. Some potential avenues to consider:

1. Consult with an attorney who specializes in political corruption or government misconduct cases. They can assess the specifics of your situation and whether you may have a viable claim.

2. File a complaint with the California Fair Political Practices Commission (FPPC), which investigates potential violations of the Political Reform Act, including conflict of interest issues.

3. Contact your state representatives and the media to raise awareness of the issue and call for an investigation or hearings into the governor's ties to PG&E and the impacts of AB 1054.

4. Band together with other impacted wildfire victims to potentially file a class action lawsuit or advocacy campaign.

Ultimately, successfully suing the governor as an individual would be an uphill climb from a legal perspective. But there may be other ways to seek accountability and push for a legislative fix if AB 1054 is unfairly harming wildfire victims. The broader political pressure and awareness you can generate, the better the chances of getting the law revisited.

I would encourage you to seek counsel from attorneys and advocacy groups focused on government accountability and victim's rights for the most relevant guidance for your specific situation. I'm sorry you're dealing with this difficult circumstance and I hope you're able to achieve a more just outcome.

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