FOR IMMEDIATE RELEASE

Contact: Dan Okenfuss, (916) 319-2053

May 11, 2010

Lieu Bill to Protect Legal Rights of National Guard members and Reservists Wins Assembly Approval

(SACRAMENTO) – Assemblymember Ted W. Lieu (D-Torrance) announced that the California Assembly gave unanimous support to AB 2365 (Lieu), a bill that will ensure that California National Guard members and Reservists recover court awarded damages when seeking legal protection from financial obligations due to their deployment overseas.

Under current law, a Servicemember who is deployed overseas has the right to request, among other important protections, a mortgage deferment or reduction in interest due to financial hardship. However, when a financial institution denies this request, the Servicemember’s ability to enforce his or her rights is extremely inhibited because they are thousands of miles from the courts. In this circumstance, a Servicemember could face the possibility of default on his/her home, repossession of a vehicle, or a hit to his/her credit rating that could take years to fix.

AB 2365 would authorize Servicemembers to recover actual damages, reasonable attorney’s fees, and costs from any person who violates any of these rights and protections. These changes will provide more incentive for attorneys to represent Servicemembers in cases where they are attempting to cope with financial hardships associated with prolonged absences from the state.

“This legislation is critical because more California National Guard members and Reservists are being called to active duty,” said Assemblymember Ted Lieu, who is also a veteran. “As a result, many Servicemembers and their families experience financial difficulties because of these ongoing deployments. It is necessary to provide an enforcement mechanism to ensure the Legislature’s stated intent to enable Servicemembers to devote their entire energy towards the defense needs of the nation.”

“This bill will greatly assist Servicemembers in accessing the courts to enforce their rights, benefits, and ensure timely disposition of their cases,” said Brigadier General Mary J. Kight, Adjutant General of the California National Guard, sponsor of the bill. “This legislation is crucial, as Servicemembers and their families continue to experience the hardships of ongoing deployment.”

AB 2365 is also supported by the National Guard Association of California, California Association of County Veterans Service Officers, and the Vietnam Veterans of America - California State Council. The bill moves next to the Senate.

Assemblymember Ted W. Lieu represents the 53^rd Assembly District. He has also served on active duty as a military prosecutor.

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