latimes--2020-12-17--The legal titan and the 'Real Housewife': The rise and fall of Tom Girardi and Erika Jayne

From his Wilshire Boulevard office , Tom Girardi has dominated consumer law in California and beyond for decades , wresting billions of dollars from drug companies , carmakers and polluters on behalf of the injured and cheated , most famously in the case that inspired “ Erin Brockovich.
” His cut of those legal victories , up to 40 % , brought him spectacular wealth .
With his third wife , a pop singer known as Erika Jayne , he appears on “ Real Housewives of Beverly Hills , ” flaunting the couple ’ s historic Pasadena estate and lifestyle @ @ @ @ @ @ @ cars , couture-filled closets and vacations in Aspen and Mykonos .
The millions Girardi poured into Democratic political campaigns made him a confidant of generations of power brokers , including Gov .
Gavin Newsom , who last year gave the attorney an official role in filling coveted state judgeships .
But now , in the twilight of his career , the 81-year-old is facing the collapse of everything he holds dear — his venerable law firm , marriage , and reputation as a champion for the downtrodden .
He stands accused of stealing @ @ @ @ @ @ @ including Indonesian children orphaned by a plane crash and a burn victim in the PG & E pipeline explosion .
His creditors have demanded payment in court , among them high-interest lenders , fellow lawyers , a security company that once guarded his Pasadena mansion , and his first wife .
Nearly all the attorneys who worked at his firm , Girardi Keese , have left , including his own son-in-law , and last month Jayne petitioned for divorce .
Word of his downfall circulated through law firms and judges ’ chambers in @ @ @ @ @ @ @ public this week when a federal judge froze Girardi ’ s assets and called his mishandling of the Indonesian childrens ’ money “ unconscionable.
” “ At one point I had about 80 million or 50 million in cash .
That ’ s all gone , ” Girardi acknowledged in testimony this fall about another client ’ s funds .
“ I don ’ t have any money.
” It was an extraordinary admission from a titan of American law who strode the courthouse halls with an aura of invincibility and whose name @ @ @ @ @ @ @ Where all the money went remains a topic of intense speculation , and neither Jayne nor Girardi ’ s representatives responded to requests for comment .
Some creditors have pointed to his much younger wife .
Girardi has underwritten Jayne ’ s attempts at fame as a recording artist with songs titled “ PAINKILLR ” and “ XXpen $ ive ” and as a reality TV figure who boasts of dropping $ 40,000 a month on clothes , hair and makeup .
In court filings last year , a company that loaned money @ @ @ @ @ @ @ Girardi improperly funneled more than $ 20 million to Jayne ’ s entertainment company .
He has bristled at allegations that he diverted firm assets for lavish living , but his lawyers admitted in court this week that he has been unable to tell them what happened to the money .
Hints of serious financial troubles at Girardi ’ s law firm surfaced around 2015 .
At the time , he and his wife were becoming household names , thanks to producers who cast them in the Beverly Hills edition of Bravo ’ @ @ @ @ @ @ @ which she appears as Erika Girardi .
Girardi was then in his mid-70s but expressed no interest in retirement .
His high energy and obsession with the law were part of his persona on the show , and he publicly admitted having few hobbies and no succession plan at the firm he co-founded five decades previously .
“ I ’ m finally getting good at this , ” he joked to one reporter .
A lawyer since 1965 , Girardi had won a name for himself in medical malpractice , securing what he @ @ @ @ @ @ @ in excess of $ 1 million .
He ’ d gone on to conquer the nascent field of toxic torts .
One of those environmental pollution suits , brought on behalf of residents of the Mojave Desert town of Hinkley , resulted in a $ 333-million settlement with Pacific Gas & Electric that supercharged his career .
It was due less to the allegations — that tainted drinking water had caused cancer and other ailments — than to the 2000 movie it begat .
Julia Roberts portrayed the titular paralegal Brockovich as a @ @ @ @ @ @ @ made environmental litigation easy to absorb and improbably sexy .
The film reduced Girardi to a composite figure , but he , and later his wife , used it as a calling card announcing his importance .
“ All of a sudden , I was part of a very public win that a lot of people understood , ” Girardi recalled earlier this year in an interview with a professional association honoring him .
“ The case did me an awful lot of good , to put me into a category that , @ @ @ @ @ @ @ can handle these big cases.
’ ” Victims sought out Girardi Keese .
Other lawyers referred cases to him , believing in his ability to take on deep-pocketed corporations .
The problems that emerged around 2015 stemmed from one of those David-versus-Goliath cases : A $ 17-million settlement for 138 senior-citizen women who claimed they developed cancer after taking hormone replacement therapy .
The payout the women received from Girardi ’ s firm did not match the sum they anticipated .
They requested an accounting .
The firm refused , and in 2014 @ @ @ @ @ @ @ against Girardi and the firm .
Girardi ’ s lawyers insisted he had done nothing wrong , but kept ignoring requests for bank records , emails and other documents despite orders from a federal magistrate , court records show .
The women became increasingly frustrated .
Their lawyers alleged in filings that the firm had misappropriated more than $ 10 million and suggested the held-back documents “ would reveal the fraudulent and criminal nature of their wrongdoing.
” As the case moved toward trial Girardi borrowed $ 12 million at a high interest @ @ @ @ @ @ @ specialized in funding law firms , and an additional $ 5 million from a similar lender in Arizona , according to timelines they later detailed in court papers .
Within months , he reached a settlement with the cancer survivors .
It was not the last time Girardi would have to borrow .
Those watching on Bravo were none the wiser .
In their first episode , Girardi and Jayne gave viewers a tour of their gardens , designed by the Olmsted brothers , who planned Central Park .
Jayne explained how she @ @ @ @ @ @ @ secret life as a risqué performer of dance hits .
“ If I don ’ t honor my inner bad girl , ” she told the audience , “ I ’ m not going to be happy.
” A chance meeting at Chasen ’ s , and a new life Girardi met Jayne in the late 1990s at Chasen ’ s , the famed Beverly Hills haunt where he was a co-owner and she waited tables in the bar .
Jayne , then known as Erika Chahoy , was a striking , blond @ @ @ @ @ @ @ of stardom .
Girardi was 60 .
“ He ’ s well read and educated .
That kind of stuff is a powerful aphrodisiac , ” Erika wrote in her 2018 memoir “ Pretty Mess.
” “ When someone is positive , successful , loving , inspirational — I got to tell you right now … .
That is more enticing to me than six-pack abs and a chiseled jawline.
” She soon moved into what Girardi has described as a five-acre compound overlooking the Rose Bowl and quit Chasen ’ s .
@ @ @ @ @ @ @ her work uniform — a clingy , velvet emerald green dress and black heels — in the bar trash can .
“ Closing the lid , I walked out of that restaurant and into a whole new life , ” she wrote .
The couple married in the clubhouse of the Los Angeles Country Club in 2000 .
Girardi asked a judge he knew to officiate at the end of a round of golf .
The wedding was so spontaneous that the groom enlisted an attorney in the bar as a witness .
@ @ @ @ @ @ @ an acrimonious dispute over dividing assets with his second wife , he opted not to sign a prenuptial agreement .
Taking risks was part of Girardi ’ s nature — and his business .
His firm ’ s bedrock was contingency cases .
In those , clients do not put up a cent .
Their lawyers front the costs of investigating the claim and putting on a trial .
If they win , they collect their costs and 25 % to 40 % of the award .
If they lose , they get @ @ @ @ @ @ @ world should be on a contingency basis , ” Girardi said to a reporter in 1996 .
“ If you don ’ t cure the problem , you shouldn ’ t be paid.
” For a long time , it seemed to work well ; Girardi racked up scores of verdicts over $ 1 million .
The cases brought so much business that Girardi expanded the firm into an adjacent building on Wilshire Boulevard .
By 2001 , his monthly income was nearly $ 263,000 , according to a divorce filing .
Unlike @ @ @ @ @ @ @ up to equity partnerships , Girardi retained 100 % of the corporation .
“ It was clear to everyone that it was his firm and only his firm , ” said Graham LippSmith , who worked at Girardi Keese for 13 years and left in 2015 .
Still , jobs there were much sought-after by law school graduates .
There were material perks for his lawyers — Girardi paid for luxury cars and brought in a tailor to make them custom suits and shirts , according to people familiar with the firm .
@ @ @ @ @ @ @ Center , and attorneys had an ample budget for wining and dining potential clients and co-counsel .
Working for Girardi meant being in the orbit of the powerful and well-connected .
He counted among his friends the late Johnnie Cochran , at one point floating the L.A. legal legend $ 650,000 , divorce records indicate .
He belonged to country clubs across L.A. and was a regular at Morton ’ s , Pacific Dining Car and Madeo .
Judges , lawyers and civic leaders rubbed elbows at Girardi ’ s holiday and Super @ @ @ @ @ @ @ legal conferences , he spared no expense for performances by Jay Leno , Burt Bacharach , LeeAnn Rimes and Penn & Teller .
He could get former Gov .
Jerry Brown on the phone with ease , associates said .
Former Senate Majority Leader Harry Reid got him appointed to a Library of Congress board .
A Times analysis identified at least $ 7.5 million in political contributions from Girardi , his relatives and employees to candidates and political committees , from city council races to presidential campaigns .
Jayne alone made more @ @ @ @ @ @ @ during their marriage , records show .
Most of the contributions went to Democrats , including Joe Biden , who turned to Girardi and Jayne when he came to L.A. to raise money .
The pair hosted the President-elect for an event last year at the Jonathan Club , the private downtown social club .
Newsom named Girardi last year to a panel that evaluates potential judges in L.A. County .
While lieutenant governor , Newsom told the executive producer of the “ Real Housewives ” franchise , Andy Cohen , that Jayne @ @ @ @ @ @ @ ” to his campaigns .
“ So she is my favorite ‘ Real Housewife , ’ ” he said with a smile .
The Italian American Lawyers Association ’ s annual “ Supreme Court Night ” was normally a tasteful affair , with attorneys and judges gathering in a Biltmore Hotel ballroom for an orchestra performance and remarks by California ’ s justices .
Then there was 2011 .
Girardi , the association president that year , announced a special treat for the audience : A screening of his wife ’ s latest @ @ @ @ @ @ @ and a half minutes , the justices watched with the rest of the crowd as a scantily clad Jayne gyrated on screen .
“ Set at a smoke-filled party , the video , if I ’ m correctly advised , includes a woman partyer pouring liquor on a man ’ s bare chest and lapping it up , ” wrote newspaper editor Roger Grace .
Judges were “ absolutely beside themselves , ” Grace recalled in a recent interview .
The video was part of Jayne ’ s midlife attempt at a recording @ @ @ @ @ @ @ , she had grown bored with being the wife of an extremely wealthy lawyer .
“ There was nothing more I could buy , ” she wrote in her memoir .
She feared being “ relegated to a life of shopping , sitting on a few charity boards of no consequence , and standing silently by my husband ’ s side full of unrealized potential.
” She decided to launch herself into the music industry as a bawdy dance diva , and presented Girardi with a spreadsheet of her desired production budget .
@ @ @ @ @ @ @ , ” she wrote in the memoir .
His deep pockets made for advantages few rookies could imagine : Michael Jackson ’ s choreographer ; a songwriter who had worked with Madonna , Stevie Nicks and Britney Spears ; and a costume designer for Lady Gaga and Rupaul .
In the years that followed , she found some success .
She has had nine hits on Billboard ’ s dance charts , toured in Asia and developed a cult following in the LGBT community .
Girardi was often on hand for shows , @ @ @ @ @ @ @ checks from club managers .
Some of her husband ’ s lawyer and judge friends rolled their eyes .
“ Boy , they hated my a— , ” she would later tell “ Real Housewives ” viewers .
If it bothered Girardi , he did not let it show .
By 2015 , she was preparing to close down her costly music ventures .
As she recalled in her memoir : “ The return on investment wasn ’ t really making sense anymore.
” But before she could announce her retirement , she @ @ @ @ @ @ @ TV persona was built on the tension between her marriage to a much older , famous attorney and her dance hall image as an oversexed , cash-obsessed pinup .
She threw herself back into music , launching and pushing out videos , including one in which she sang , “ It ’ s expensive to be me ” while writhing on a bed covered with money .
“ I like the fact that it is named ‘ XXpen $ ive , ’ ” her husband said on “ Housewives ” of the single @ @ @ @ @ @ @ While Jayne and her castmates frolicked in Italy and the Bahamas , Girardi was working quietly to keep his law firm afloat .
Although few at Girardi Keese or the larger legal community knew it , he went back to high-interest lenders again and again for help .
He was so secretive that the companies giving money did not know there were other lenders holding the same collateral , according to a lawsuit filed by one lender and a sworn declaration by another company .
The collateral Girardi put up for the loans @ @ @ @ @ @ @ of large contingency lawsuits , court records show .
At various points , these included the litigation over the Porter Ranch gas leak and cases against the National Football League , Shell Oil , the maker of the diabetes drug Avandia , and others .
The loans were made at rates of up to 20 % , with even higher interest for missed payments .
He presented himself to them as a safe bet .
He tallied his net worth in an affidavit two years ago at $ 264 million , including ownership @ @ @ @ @ @ @ million in jewelry “ at cost , ” $ 3 million in antiques , art , and furniture , and his Pasadena estate , which he valued at $ 15.5 million .
“ Conservatively , our fees for 2016 will be in excess of $ 110,000,000 , ” he wrote in an affidavit submitted that year to the chief executive of a company named American Law Firm Funding .
He noted additional assets — a Temecula real estate investment and shares of a Nevada casino operator — and then mentioned his wife ’ @ @ @ @ @ @ @ the Erika Jayne record sales and performances will be worth a large sum of money , but I believe it ’ s a little too speculative to make it [ a ] substantial factor.
” Her star did seem to be on the rise .
She competed on “ Dancing with the Stars.
” Her breezy , ghost-written autobiography made a brief appearance on the New York Times ’ bestseller list .
She deejayed at a Coachella event , and in a marker of mainstream fame , appeared on The View , where @ @ @ @ @ @ @ life with the “ inspiring ” lawyer from “ Erin Brockovich.
” “ I ’ m glad you said that , ” Jayne replied in the 2018 broadcast .
“ Cause that ’ s a lot of the reason that I had the courage to go be Erika Jayne was because of my husband.
” Meanwhile , Girardi ’ s creditors were growing concerned .
The lenders expected that once Girardi settled major cases for millions , they would get their money .
But Girardi Keese wasn ’ t paying its debts .
@ @ @ @ @ @ @ lender , had access to some of the firm ’ s records and didn ’ t like what it was seeing .
Company officials noticed , as its CEO would later write in a sworn affidavit , that “ very substantial sums , denominated as ‘ loans ’ ” were going from firm accounts to EJ Global LLC , the company set up for Jayne ’ s performing career .
The amount transferred topped $ 20 million , according to the affidavit .
“ It became frustrating and impossible to get the money @ @ @ @ @ @ @ , recalled in an interview .
After nine months of demanding repayment , LFG filed suit in 2019 , alleging that money loaned to the firm had been spent partly on “ Mr .
Girardi ’ s lavish lifestyle.
” “ Your claim that I used one penny of the funds for my ‘ lifestyle ’ is total fraud , ” he steamed in a letter to LFG ’ s lawyers .
“ Four judges called me after they saw the lying materials ... .
Every one of them stated [ the opposing @ @ @ @ @ @ @ courtroom.
” Girardi managed to settle with the lender , but other creditors were already lining up at L.A. County Superior Court .
A company that provided back-office services for class-action suits demanded $ 7.5 million , an expert witness wanted $ 40,000 in fees , the security company that provided an armed guard at the Pasadena estate said it was owed $ 53,000 and a Long Beach lawyer who had referred cases to Girardi sued for nearly $ 4 million , according to lawsuits each filed .
Girardi ’ s first wife @ @ @ @ @ @ @ , revived a case that had sat dormant for decades to complain that her $ 10,000-a-month alimony payments had stopped abruptly , court records show .
In the swirl of creditors , one young man stood out .
Joseph Ruigomez , suffered burns over 50 % of his body during the 2010 PG & E pipeline explosion in San Bruno , when he was 19 .
Girardi ’ s firm had negotiated a substantial confidential settlement .
But in the years that followed , his family concluded that the lawyer had misappropriated millions @ @ @ @ @ @ @ client money is a very serious allegation for attorneys .
Lawyers can be disbarred and even charged criminally for such conduct .
In January , Girardi signed an agreement to pay the Ruigomez family $ 12 million .
But after paying $ 1 million , he stopped .
The family had had enough .
Their lawyers hauled Girardi into court and made it clear they would go to great lengths to get the money .
They informed state and local governments that they had a claim on Girardi ’ s assets and put @ @ @ @ @ @ @ he had won for a double-amputee injured in a car accident .
They served legal papers on the Girardi Keese accountant ; Girardi ’ s personal travel agent ; Jayne ; his son-in-law ; and even the membership director at the Jonathan Club , where , they noted , initiation fees ran $ 45,000 .
Prepare to testify under oath about the state of Tom Girardi ’ s finances , the legal notices announced .
In the Wilshire Boulevard offices , people who had worked with Girardi for decades were becoming nervous , @ @ @ @ @ @ @ .
He had complete control over the finances and was secretive about them .
Where had all the money gone , they asked each other .
Lawyers started leaving .
In June , David Lira , Girardi ’ s son-in-law , resigned on a Saturday .
The firm that once had 30 lawyers was soon down to single digits .
The situation only worsened for those who remained .
A Chicago firm that had helped represent four Indonesian families with loved ones killed in a 2018 plane crash kept calling about missing settlement @ @ @ @ @ @ @ $ 2 million for each plaintiff , so why hadn ’ t the families received all their money , the Chicago lawyers asked .
When they finally reached Girardi in July , he offered an “ extremely convoluted and meandering ” explanation of what happened to the funds , according to a lawsuit the attorneys later filed .
Another firm lawyer , Keith Griffin , later told them half of the money had been paid and more was on its way , even claiming to have seen the wire transfer confirmation , according @ @ @ @ @ @ @ apparently never arrived and Griffin later admitted that “ Girardi hadn ’ t actually paid the clients [ and ] that he was skeptical that Girardi ... had the financial means to ” do so .
Griffin did not return messages seeking comment .
He quit the firm this month and told a federal judge this week that he was merely a firm employee , and that Girardi had sole control of the Indonesian clients ’ money .
‘ I would like the record to reflect there is silence ’ In late September @ @ @ @ @ @ @ had a chance to confront Girardi about his assets in a proceeding known as a judgment debtor exam .
Testifying on a video conference call because of the pandemic , the attorney seemed for the first time resigned about his financial situation .
He said his stock portfolio of about $ 50 million was “ all gone ” and he had “ maybe a couple thousand ” dollars in a personal bank account , according to excerpts of a transcript filed in court .
Asked about his income , he said , “ @ @ @ @ @ @ @ in salary out of the firm for more than two years.
” On the date set for Jayne ’ s testimony , she was out of town and it was rescheduled for January .
She filed for divorce on election day , citing irreconcilable differences and indicating she planned to seek spousal support from Girardi .
He continued putting on a confident face to people demanding money .
Girardi touted his firm ’ s representation of more than 8,000 plaintiffs in litigation against Southern California Gas Co. over the massive Porter Ranch gas @ @ @ @ @ @ @ letter this summer , “ I believe a very conservative estimate as to the settlement for our clients would be in the $ 900 million area.
” He left voicemails last month promising to make things right with the Indonesian clients .
“ We screwed up here a little bit , ” Girardi acknowledged in a call to one of the Chicago lawyers , adding , “ I ’ m so sorry , this never happened before .
Anyway , everything will be smoothed over on Thursday.
” It was not .
This @ @ @ @ @ @ @ overseeing the Indonesian case ordered Girardi to appear before him to explain what happened to the $ 2 million due the victims ’ families .
One of the attorneys representing the crash victims , Jay Edelson , said in court that for at least the past decade , Girardi had been running his firm like “ a Ponzi scheme.
” “ What they do is when money comes in , they use that to pay previous creditors and previous clients , and then they wait till more money comes in , ” Edelson @ @ @ @ @ @ @ caught up with them.
” U.S. District Judge Thomas M. Durkin asked Girardi , “ Why wouldn ’ t everything be paid to the plaintiffs upon receipt of the money ?
” Neither Girardi nor two criminal defense attorneys he had recently hired responded .
“ I would like the record to reflect there is silence , ” the judge said .
Girardi ’ s legal team said their client had been unable to help them understand what became of the money .
One lawyer said in court that Girardi “ has had @ @ @ @ @ @ @ another asked the judge to order a “ mental health exam.
” The judge referred Girardi to the U.S. attorney ’ s office for criminal investigation .
He also froze Girardi ’ s personal assets and those of Girardi Keese , a step that appeared to have come too late .
As one lawyer told the judge , the firm ’ s operating account contained just $ 15,000 .
Hours later , Jayne posted a picture in silver stilettos , elbow-length mesh gloves and lilac lingerie .
She captioned the image , “ @ @ @ @ @ @ @ Times staff writer Melanie Mason and staff librarian Scott Wilson contributed to this report .

Erika Girardi in 2016, and, at right, an undated photo of Tom Girardi.
From his Wilshire Boulevard office, Tom Girardi has dominated consumer law in California and beyond for decades, wresting billions of dollars from drug companies, carmakers and polluters on behalf of the injured and cheated, most famously in the case that inspired “Erin Brockovich.”
His cut of those legal victories, up to 40%, brought him spectacular wealth. With his third wife, a pop singer known as Erika Jayne, he appears on “Real Housewives of Beverly Hills,” flaunting the couple’s historic Pasadena estate and lifestyle: private planes, jewelry, exotic cars, couture-filled closets and vacations in Aspen and Mykonos.
The millions Girardi poured into Democratic political campaigns made him a confidant of generations of power brokers, including Gov. Gavin Newsom, who last year gave the attorney an official role in filling coveted state judgeships.
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But now, in the twilight of his career, the 81-year-old is facing the collapse of everything he holds dear — his venerable law firm, marriage and reputation as a champion for the downtrodden.
He stands accused of stealing millions of dollars from vulnerable clients, including Indonesian children orphaned by a plane crash and a burn victim in the Pacific Gas & Electric pipeline explosion. His creditors have demanded payment in court, among them high-interest lenders, fellow lawyers, a security company that once guarded his Pasadena mansion, and his first wife. Nearly all the attorneys who worked at his firm, Girardi Keese, have left, including his own son-in-law, and last month Jayne petitioned for divorce.
Word of his downfall circulated through law firms and judges’ chambers in stunned whispers for months before bursting into public this week when a federal judge froze Girardi’s assets and called his mishandling of the Indonesian children’s money “unconscionable.”
California Vegas parties, celebrities and boozy lunches: How legal titan Tom Girardi seduced the State Bar Tom Girardi and his firm were sued more than a hundred times between the 1980s and last year, with at least half of those cases asserting misconduct in his law practice. Yet, Girardi’s record with the State Bar of California remained pristine.
“At one point, I had about 80 million or 50 million in cash. That’s all gone,” Girardi acknowledged in testimony this fall about another client’s funds. “I don’t have any money.”
It was an extraordinary admission from a titan of American law who strode the courthouse halls with an aura of invincibility and whose name had become synonymous with massive windfalls.
Where all the money went remains a topic of intense speculation, and neither Jayne nor Girardi’s representatives responded to requests for comment. Some creditors have pointed to his much younger wife. Girardi has underwritten Jayne’s attempts at fame as a recording artist with songs titled “PAINKILLR” and “XXpen$ive” and as a reality TV figure who boasts of dropping $40,000 a month on clothes, hair and makeup.
In court filings last year, a company that loaned money to Girardi Keese for business expenses suggested Girardi improperly funneled more than $20 million to Jayne’s entertainment company.
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He has bristled at allegations that he diverted firm assets for lavish living, but his lawyers admitted in court this week that he has been unable to tell them what happened to the money.
Plaintiffs’ attorney Thomas Girardi. (Irfan Khan / Los Angeles Times)
Warning signs beyond the ‘Real Housewives’ glitz
Hints of serious financial troubles at Girardi’s law firm surfaced around 2015. At the time, he and his wife were becoming household names, thanks to producers who cast them in the Beverly Hills edition of Bravo’s “Real Housewives,” on which she appears as Erika Girardi.
Girardi was then in his mid-70s but expressed no interest in retirement. His high energy and obsession with the law were part of his persona on the show, and he publicly admitted having few hobbies and no succession plan at the firm he co-founded five decades previously.
“I’m finally getting good at this,” he joked to one reporter.
A lawyer since 1965, Girardi had won a name for himself in medical malpractice, securing what he touted as the first verdict in California in excess of $1 million. He’d gone on to conquer the nascent field of toxic torts. One of those environmental pollution suits, brought on behalf of residents of the Mojave Desert town of Hinkley, resulted in a $333-million settlement with PG&E that supercharged his career.
It was due less to the allegations — that tainted drinking water had caused cancer and other ailments — than to the 2000 movie it begat. Julia Roberts portrayed the titular paralegal Brockovich as a scrappy heroine whose short skirts and persistence made environmental litigation easy to absorb and improbably sexy.
The film reduced Girardi to a composite figure, but he, and later his wife, used it as a calling card announcing his importance.
“All of a sudden, I was part of a very public win that a lot of people understood,” Girardi recalled this year in an interview with a professional association honoring him. “The case did me an awful lot of good, to put me into a category that, ‘Hey, you know this guy can handle these big cases.’”
Victims sought out Girardi Keese. Other lawyers referred cases to him, believing in his ability to take on deep-pocketed corporations.
The problems that emerged around 2015 stemmed from one of those David-versus-Goliath cases: A $17-million settlement for 138 senior-citizen women who claimed they developed cancer after taking hormone replacement therapy.
The payout the women received from Girardi’s firm did not match the sum they anticipated. They requested an accounting.
The firm refused, and in 2014, about two dozen women filed suit against Girardi and the firm. Girardi’s lawyers insisted he had done nothing wrong, but they kept ignoring requests for bank records, emails and other documents despite orders from a federal magistrate, court records show.
The women became increasingly frustrated. Their lawyers alleged in filings that the firm had misappropriated more than $10 million and suggested the held-back documents “would reveal the fraudulent and criminal nature of their wrongdoing.”
As the case moved toward trial, Girardi borrowed $12 million at a high interest rate from a Northern California company that specialized in funding law firms, and an additional $5 million from a similar lender in Arizona, according to timelines they later detailed in court papers. Within months, he reached a settlement with the cancer survivors.
It was not the last time Girardi would have to borrow.
Those watching on Bravo were none the wiser. In their first episode, Girardi and Jayne gave viewers a tour of their gardens, designed by the Olmsted brothers, who planned Central Park. Jayne explained how she balanced being a Pasadena socialite with a secret life as a risqué performer of dance hits.
“If I don’t honor my inner bad girl,” she told the audience, “I’m not going to be happy.”
Tom and Erika Girardi on “Real Housewives of Beverly Hills” (Bravo)
A chance meeting at Chasen’s, and a new life
Girardi met Jayne in the late 1990s at Chasen’s, the famed Beverly Hills haunt where he was a co-owner and she waited tables in the bar. Jayne, then known as Erika Chahoy, was a striking, blond 28-year-old with a young son and dreams of stardom. Girardi was 60.
“He’s well read and educated. That kind of stuff is a powerful aphrodisiac,” Erika wrote in her 2018 memoir “Pretty Mess.” “When someone is positive, successful, loving, inspirational — I got to tell you right now … That is more enticing to me than six-pack abs and a chiseled jawline.”
She soon moved into what Girardi has described as a five-acre compound overlooking the Rose Bowl and quit Chasen’s. On her last day, she tossed her work uniform — a clingy, velvet emerald green dress and black heels — in the bar trash can.
“Closing the lid, I walked out of that restaurant and into a whole new life,” she wrote.
The couple married in the clubhouse of the Los Angeles Country Club in 2000. Girardi asked a judge he knew to officiate at the end of a round of golf. The wedding was so spontaneous that the groom enlisted an attorney in the bar as a witness. Although Girardi was in the midst of an acrimonious dispute over dividing assets with his second wife, he opted not to sign a prenuptial agreement.
Taking risks was part of Girardi’s nature — and his business. His firm’s bedrock was contingency cases. In those, clients do not put up a cent. Their lawyers front the costs of investigating the claim and putting on a trial. If they win, they collect their costs and 25% to 40% of the award. If they lose, they get nothing.
“I think the whole world should be on a contingency basis,” Girardi said to a reporter in 1996. “If you don’t cure the problem, you shouldn’t be paid.”
For a long time, it seemed to work well; Girardi racked up scores of verdicts over $1 million.
The cases brought so much business that Girardi expanded the firm into an adjacent building on Wilshire Boulevard. By 2001, his monthly income was nearly $263,000, according to a divorce filing. Unlike firms where lawyers can work their way up to equity partnerships, Girardi retained 100% of the corporation.
“It was clear to everyone that it was his firm and only his firm,” said Graham LippSmith, who worked at Girardi Keese for 13 years and left in 2015.
Still, jobs there were much sought after by law school graduates. There were material perks for his lawyers — Girardi paid for luxury cars and brought in a tailor to make them custom suits and shirts, according to people familiar with the firm. Girardi Keese had a box at Staples Center, and attorneys had an ample budget for wining and dining potential clients and co-counsel.
Working for Girardi meant being in the orbit of the powerful and well connected. He counted among his friends the late Johnnie Cochran, at one point floating the L.A. legal legend $650,000, divorce records indicate. He belonged to country clubs across L.A. and was a regular at Morton’s, Pacific Dining Car and Madeo.
Judges, lawyers and civic leaders rubbed elbows at Girardi’s holiday and Super Bowl soirees. At those parties and legal conferences, he spared no expense for performances by Jay Leno, Burt Bacharach, LeAnn Rimes and Penn & Teller.
He could get former Gov. Jerry Brown on the phone with ease, associates said. Former Senate Majority Leader Harry Reid got him appointed to a Library of Congress board.
A Times analysis identified at least $7.5 million in political contributions from Girardi, his relatives and employees to candidates and political committees, from city council races to presidential campaigns. Jayne alone made more than $1.3 million in political contributions during their marriage, records show.
Most of the contributions went to Democrats, including Joe Biden, who turned to Girardi and Jayne when he came to L.A. to raise money. The pair hosted the president-elect for an event last year at the Jonathan Club, a private downtown social club.
Newsom named Girardi last year to a panel that evaluates potential judges in L.A. County. While lieutenant governor, Newsom told the executive producer of the “Real Housewives” franchise, Andy Cohen, that Jayne’s husband was “extraordinarily generous” to his campaigns.
“So she is my favorite ‘Real Housewife,’” he said with a smile.
Erika Jayne glammed up a Hollywood apartment more convenient than her Pasadena home for meetings and “Housewives” filming. (Christina House / For The Times)
A rocky music career, then fame on ‘Real Housewives’
The Italian American Lawyers Assn.’s annual “Supreme Court Night” was normally a tasteful affair, with attorneys and judges gathering in a Biltmore Hotel ballroom for an orchestra performance and remarks by California’s justices.
Then there was 2011. Girardi, the association president that year, announced a special treat for the audience: A screening of his wife’s latest music video. For the next four and a half minutes, the justices watched with the rest of the crowd as a scantily clad Jayne gyrated on screen.
The Metropolitan News-Enterprise, L.A.’s century-old legal newspaper, termed the event “a fiasco.”
“Set at a smoke-filled party, the video, if I’m correctly advised, includes a woman partyer pouring liquor on a man’s bare chest and lapping it up,” wrote newspaper editor Roger Grace. Judges were “absolutely beside themselves,” Grace recalled in a recent interview.
The video was part of Jayne’s midlife attempt at a recording career. A decade into her marriage, she had grown bored with being the wife of an extremely wealthy lawyer.
“There was nothing more I could buy,” she wrote in her memoir. She feared being “relegated to a life of shopping, sitting on a few charity boards of no consequence, and standing silently by my husband’s side full of unrealized potential.”
She decided to launch herself into the music industry as a bawdy dance diva and presented Girardi with a spreadsheet of her desired production budget. “He was a billion percent supportive,” she wrote in the memoir.
His deep pockets made for advantages few rookies could imagine: Michael Jackson’s choreographer; a songwriter who had worked with Madonna, Stevie Nicks and Britney Spears; and a costume designer for Lady Gaga and RuPaul.
In the years that followed, she found some success. She has had nine hits on Billboard’s dance charts, toured in Asia and developed a cult following in the LGBTQ community. Girardi was often on hand for shows, she wrote, sometimes even picking up checks from club managers.
Some of her husband’s lawyer and judge friends rolled their eyes.
Erika Jayne, second from left, with Lisa Rinna, left, Teddi Mellencamp Arroyave and Kyle Richards in a scene from “Real Housewives of Beverly Hills.” (Isabella Vosmikova / Bravo)
“Boy, they hated my a—,” she would later tell “Real Housewives” viewers. If it bothered Girardi, he did not let it show.
By 2015, she was preparing to close down her costly music ventures. As she recalled in her memoir, “The return on investment wasn’t really making sense anymore.”
But before she could announce her retirement, she was cast on “Housewives.” Her TV persona was built on the tension between her marriage to a much older, famous attorney and her dance hall image as an oversexed, cash-obsessed pinup. She threw herself back into music, launching and pushing out videos, including one in which she sang, “It’s expensive to be me” while writhing on a bed covered with money.
“I like the fact that it is named ‘XXpen$ive,’” her husband said on “Housewives” of the single. “It kinda suits you.”
Troubles at the law firm
While Jayne and her castmates frolicked in Italy and the Bahamas, Girardi was working quietly to keep his law firm afloat.
Although few at Girardi Keese or the larger legal community knew it, he went back to high-interest lenders again and again for help. He was so secretive that the companies giving money did not know there were other lenders holding the same collateral, according to a lawsuit filed by one lender and a sworn declaration by another company.
The collateral Girardi put up for the loans was the anticipated fees of a number of large contingency lawsuits, court records show. At various points, these included the litigation over the Porter Ranch gas leak and cases against the National Football League, Shell Oil Co., the maker of the diabetes drug Avandia, and others. The loans were made at rates of up to 20%, with even higher interest for missed payments.
He presented himself to them as a safe bet. He tallied his net worth in an affidavit two years ago at $264 million, including ownership interest in two planes; $9 million in jewelry “at cost;” $3 million in antiques, art and furniture; and his Pasadena estate, which he valued at $15.5 million.
“Conservatively, our fees for 2016 will be in excess of $110,000,000,” he wrote in an affidavit submitted that year to the chief executive of a company named American Law Firm Funding. He noted additional assets — a Temecula real estate investment and shares of a Nevada casino operator — and then mentioned his wife’s career. “I believe that the Erika Jayne record sales and performances will be worth a large sum of money, but I believe it’s a little too speculative to make it [a] substantial factor.”
Her star did seem to be on the rise. She competed on “Dancing With the Stars.” Her breezy, ghost-written autobiography made a brief appearance on the New York Times’ bestseller list. She deejayed at a Coachella event, and in a marker of mainstream fame, appeared on “The View,” where guest host Alyssa Milano quizzed her on life with the “inspiring” lawyer from “Erin Brockovich.”
“I’m glad you said that,” Jayne replied in the 2018 broadcast. “Cause that’s a lot of the reason that I had the courage to go be Erika Jayne was because of my husband.”
Meanwhile, Girardi’s creditors were growing concerned. The lenders expected that once Girardi settled major cases for millions, they would get their money. But Girardi Keese wasn’t paying its debts.
Girardi during the trial involving beaten Dodgers fan Bryan Stow. (Al Seib)
Law Finance Group, a Northern California lender, had access to some of the firm’s records and didn’t like what it was seeing. Company officials noticed, as its chief executive would later write in a sworn affidavit, that “very substantial sums, denominated as ‘loans’” were going from firm accounts to EJ Global LLC, the company set up for Jayne’s performing career. The amount transferred topped $20 million, according to the affidavit.
“It became frustrating and impossible to get the money,” the CEO, Alan Zimmerman, recalled in an interview.
After nine months of demanding repayment, LFG filed suit in 2019, alleging that money loaned to the firm had been spent partly on “Mr. Girardi’s lavish lifestyle.”
Girardi was enraged.
“Your claim that I used one penny of the funds for my ‘lifestyle’ is total fraud,” he steamed in a letter to LFG’s lawyers. “Four judges called me after they saw the lying materials. ... Every one of them stated [the opposing lawyers] better not come in his courtroom.”
Girardi managed to settle with the lender, but other creditors were already lining up at L.A. County Superior Court.
A company that provided back-office services for class-action suits demanded $7.5 million, an expert witness wanted $40,000 in fees, the security company that provided an armed guard at the Pasadena estate said it was owed $53,000, and a Long Beach lawyer who had referred cases to Girardi sued for nearly $4 million, according to lawsuits each filed.
Girardi’s first wife, with whom he split in 1983, revived a case that had sat dormant for decades to complain that her $10,000-a-month alimony payments had stopped abruptly, court records show.
For most, Erika Girardi’s introduction on the sixth season of “Real Housewives of Beverly Hills” was their first glimpse of the self-proclaimed “pretty mess” — but she had been performing as dance-pop star Erika Jayne since 2007, amassing eight No. 1 dance club singles in the process. (Wally Skalij / Los Angeles Times)
In the swirl of creditors, one young man stood out. Joseph Ruigomez suffered burns over 50% of his body during the 2010 PG&E pipeline explosion in San Bruno, when he was 19. Girardi’s firm had negotiated a substantial confidential settlement. But in the years that followed, his family concluded that the lawyer had misappropriated millions of dollars of their money.
Stealing client money is a very serious allegation for attorneys. Lawyers can be disbarred and even charged criminally for such conduct. In January, Girardi signed an agreement to pay the Ruigomez family $12 million. But after paying $1 million, he stopped.
The family had had enough. Their lawyers hauled Girardi into court and made it clear they would go to great lengths to get the money. They informed state and local governments that they had a claim on Girardi’s assets and put a lien on a $23-million settlement he had won for a double-amputee injured in a car accident. They served legal papers on the Girardi Keese accountant; Girardi’s personal travel agent; Jayne; his son-in-law; and even the membership director at the Jonathan Club, where, they noted, initiation fees ran $45,000.
Prepare to testify under oath about the state of Tom Girardi’s finances, the legal notices announced.
In the Wilshire Boulevard offices, people who had worked with Girardi for decades were becoming nervous, according to individuals familiar with the situation. He had complete control over the finances and was secretive about them. Where had all the money gone, they asked each other.
Lawyers started leaving. In June, David Lira, Girardi’s son-in-law, resigned on a Saturday. The firm that once had 30 lawyers was soon down to single digits.
The situation only worsened for those who remained. A Chicago firm that had helped represent four Indonesian families with loved ones killed in a 2018 plane crash kept calling about missing settlement money. Boeing had already transferred about $2 million for each plaintiff, so why hadn’t the families received all their money, the Chicago lawyers asked.
When they finally reached Girardi in July, he offered an “extremely convoluted and meandering” explanation of what happened to the funds, according to a lawsuit the attorneys later filed. Another firm lawyer, Keith Griffin, later told them half of the money had been paid and more was on its way, even claiming to have seen the wire transfer confirmation, according to court filings. But the funds apparently never arrived and Griffin later admitted that “Girardi hadn’t actually paid the clients [and] that he was skeptical that Girardi ... had the financial means to” do so.
Griffin did not return messages seeking comment. He quit the firm this month and told a federal judge this week that he was merely a firm employee, and that Girardi had sole control of the Indonesian clients’ money.
David Stow, father of San Francisco Giants fan Bryan Stow, who was beaten at Dodger stadium, embraces attorney Tom Girardi. (Associated Press)
‘I would like the record to reflect there is silence’
In late September, Joseph Ruigomez’s attorneys finally had a chance to confront Girardi about his assets in a proceeding known as a judgment debtor exam. Testifying on a videoconference call because of the pandemic, the attorney seemed for the first time resigned about his financial situation. He said his stock portfolio of about $50 million was “all gone” and he had “maybe a couple thousand” dollars in a personal bank account, according to excerpts of a transcript filed in court.
Asked about his income, he said, “I haven’t taken a penny in salary out of the firm for more than two years.”
On the date set for Jayne’s testimony, she was out of town and it was rescheduled for January. She filed for divorce on election day, citing irreconcilable differences and indicating she planned to seek spousal support from Girardi.
He continued putting on a confident face to people demanding money. Girardi touted his firm’s representation of more than 8,000 plaintiffs in litigation against Southern California Gas Co. over the massive Porter Ranch gas leak, telling a creditor in a letter this summer, “I believe a very conservative estimate as to the settlement for our clients would be in the $900 million area.”
He left voicemails last month promising to make things right with the Indonesian clients.
“We screwed up here a little bit,” Girardi acknowledged in a call to one of the Chicago lawyers, adding, “I’m so sorry, this never happened before. Anyway, everything will be smoothed over on Thursday.”
It was not. This week, a federal judge in Illinois overseeing the Indonesian case ordered Girardi to appear before him to explain what happened to the $2 million due the victims’ families. One of the attorneys representing the crash victims, Jay Edelson, said in court that for at least the last decade, Girardi had been running his firm like “a Ponzi scheme.”
“What they do is when money comes in, they use that to pay previous creditors and previous clients, and then they wait till more money comes in,” Edelson said. “I guess everything just caught up with them.”
U.S. District Judge Thomas M. Durkin asked Girardi, “Why wouldn’t everything be paid to the plaintiffs upon receipt of the money?”
Neither Girardi nor two criminal defense attorneys he had recently hired responded.
“I would like the record to reflect there is silence,” the judge said.
Girardi’s legal team said their client had been unable to help them understand what became of the money. One lawyer said in court that Girardi “has had issues of his mental competence” and another asked the judge to order a “mental health exam.”
The judge referred Girardi to the U.S. attorney’s office for criminal investigation. He also froze Girardi’s personal assets and those of Girardi Keese, a step that appeared to have come too late. As one lawyer told the judge, the firm’s operating account contained just $15,000.
Hours later, Jayne posted a picture in silver stilettos, elbow-length mesh gloves and lilac lingerie.
She captioned the image, “Put me on your wish list.”
Times staff writer Melanie Mason and staff librarian Scott Wilson contributed to this report.


latimes--2020-12-17--Column: Yes, Feinstein is the oldest U.S. senator. But she should be able to retire on her own terms

California Sen. Dianne Feinstein says she hasn ’ t thought about retiring soon despite some assertions that the 87-year-old lawmaker should step aside because her cognitive abilities have allegedly declined .
“ No , I haven ’ t , ” she told me in response to a brief question about whether she ’ d considered retiring early .
Her fifth full term doesn ’ t expire until the end of 2024 when she ’ ll be 91 .
She ’ s currently the oldest U.S. senator .
There are also six other octogenarians in the Senate — all men .
@ @ @ @ @ @ @ t run for reelection when her term is up .
I didn ’ t bother to ask .
She ’ ll tell us when she ’ s ready .
“ I don ’ t feel my cognitive abilities have diminished , ” she said in answer to my question about whether she felt they had .
“ No , not really .
Do I forget something sometimes ?
Quite possibly.
” That seems to be the main rap on her : short-term memory loss .
During my roughly half-hour phone interview with Feinstein @ @ @ @ @ @ @ a couple of times after she ’ d moved on to talk about other things .
That ’ s normal for many people , especially as they get older .
But I hadn ’ t noticed it before in her .
Feinstein has always been very articulate — one of the most clear-speaking politicians anywhere — and still is .
Her voice is strong as ever .
“ People are willing to work with me across the aisle , ” she said .
“ I ’ m respected .
I have an effective @ @ @ @ @ @ @ are a lot of good technical experts you can use to put programs together .
… “ We do get things done and we do pass bills .
You do get older , that ’ s true .
But I have been productive.
” Feinstein talked about things currently on her plate .
She just secured a $ 1.3-billion federal grant for the Purple Line transit extension on Los Angeles ’ Westside .
And she expects to secure $ 350 million for California water projects .
But “ I ’ ve taken a @ @ @ @ @ @ @ .
The sharpest dart came last week in a lengthy article by veteran reporter Jane Mayer in the New Yorker magazine .
Mayer commended Feinstein for “ taking on a range of powerful interests , from gun-rights groups to the CIA ” during a “ distinguished 28-year tenure in the Senate.
” But she cited several anonymous sources — none of whom understandably wanted to be quoted by name — as saying that Feinstein ’ s “ short-term memory has grown so poor that she often forgets she has been briefed on a @ @ @ @ @ @ @ to do so just after they have .
“ They describe Feinstein as forgetting what she has said and getting upset when she can ’ t keep up.
” Times columnist Erika D. Smith followed by writing that readers should urge Feinstein “ to step down early … so that California will have two open seats in the U.S. Senate instead of just one.
” Smith noted that Gov .
Gavin Newsom is being pressured by Black and Latino leaders to appoint one of their own to the Senate seat being vacated by @ @ @ @ @ @ @ would be for “ Feinstein to be selfless and retire early , ” Smith wrote .
That would allow Newsom to name two new senators .
“ Now is absolutely the time to be an ally to communities of color and let another younger lawmaker represent the evolving values of this state , ” Smith wrote .
“ For to adequately address the many longstanding , race-based disparities in everything from healthcare to housing , California needs a Black senator and a Latino senator.
” Maybe California does .
But that should be @ @ @ @ @ @ @ one man ’ s .
Those Senate seats belong to the public .
Californians elected a Black woman , Harris , to the Senate in 2016 .
But she almost immediately began running for president .
There probably should be a Latino senator from California .
Forty percent of California ’ s population is Latino .
But the state has never elected a Latino senator .
One of the biggest criticisms of centrist Feinstein by liberal activists is that she ’ s too civil and mannerly .
Not harsh enough on Republicans .
@ @ @ @ @ @ @ s also why she has been an effective senator .
“ I like to work in a bipartisan way , ” she said .
“ Some people on the left don ’ t like that .
But that ’ s what the Senate should do .
It benefits the people.
” Feinstein was widely criticized by liberals for her handling — as the top Democrat on the Senate Judiciary Committee — of the confirmation hearings for conservative Supreme Court nominee Amy Coney Barrett .
They thought she was too soft .
But there @ @ @ @ @ @ @ to block Barrett from the court .
Feinstein handed her critics priceless fodder when , after the hearings , she congratulated committee Chairman Lindsey Graham ( R-S.C. ) for well-run sessions .
And then they hugged .
Her explanation : She was only complimenting the chairman for that day ’ s session , which involved just public testimony .
Barrett wasn ’ t present .
“ I shook his hand and he gave me a hug and I got holy hell , ” Feinstein recalled .
“ I felt very badly .
It @ @ @ @ @ @ @ Because if I can ’ t have good relationships with someone simply because they ’ re a Republican — and Lindsey is the committee chair — that ’ s not good .
I think civility and bipartisanship mean something.
” Feinstein later stepped down as the committee ’ s No .
1 Democrat .
Jerry Roberts , a former San Francisco Chronicle top editor and political writer who wrote a book about Feinstein ’ s stint as San Francisco mayor , says : “ She deserves great respect .
She was a political @ @ @ @ @ @ @ of women in electoral politics and it is sad if not disgusting — as well as sexist as hell — to see and hear political operatives and hacks with no sense or regard for history attack and dismiss her.
” Agreed .
She was the first female mayor of San Francisco and — along with Barbara Boxer — the first female senator from California .
She passed the nation ’ s first assault weapon ban at great political cost .
Feinstein may be over the hill .
But she has earned the right @ @ @ @ @ @ @ descend all the way without being pushed .

Sen. Dianne Feinstein speaks to the environmental caucus at the 2018 California Democratic Party Convention at the San Diego Convention Center.
California Sen. Dianne Feinstein says she hasn’t thought about retiring soon despite some assertions that the 87-year-old lawmaker should step aside because her cognitive abilities have allegedly declined.
“No, I haven’t,” she told me in response to a brief question about whether she’d considered retiring early. Her fifth full term doesn’t expire until the end of 2024 when she’ll be 91. She’s currently the oldest U.S. senator.
There are also six other octogenarians in the Senate — all men.
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The universal assumption is Feinstein won’t run for reelection when her term is up. I didn’t bother to ask. She’ll tell us when she’s ready.
“I don’t feel my cognitive abilities have diminished,” she said in answer to my question about whether she felt they had.
“No, not really. Do I forget something sometimes? Quite possibly.”
That seems to be the main rap on her: short-term memory loss.
During my roughly half-hour phone interview with Feinstein on Tuesday, she did repeat herself a couple of times after she’d moved on to talk about other things. That’s normal for many people, especially as they get older. But I hadn’t noticed it before in her.
Feinstein has always been very articulate — one of the most clear-speaking politicians anywhere — and still is. Her voice is strong as ever.
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“People are willing to work with me across the aisle,” she said. “I’m respected. I have an effective staff … smart people. … There are a lot of good technical experts you can use to put programs together. …
“We do get things done and we do pass bills. You do get older, that’s true. But I have been productive.”
Feinstein talked about things currently on her plate. She just secured a $1.3-billion federal grant for the Purple Line transit extension on Los Angeles’ Westside. And she expects to secure $350 million for California water projects.
But “I’ve taken a few arrows lately,” she noted.
The sharpest dart came last week in a lengthy article by veteran reporter Jane Mayer in the New Yorker magazine. Mayer commended Feinstein for “taking on a range of powerful interests, from gun-rights groups to the CIA” during a “distinguished 28-year tenure in the Senate.”
But she cited several anonymous sources — none of whom understandably wanted to be quoted by name — as saying that Feinstein’s “short-term memory has grown so poor that she often forgets she has been briefed on a topic, accusing her staff of failing to do so just after they have.
“They describe Feinstein as forgetting what she has said and getting upset when she can’t keep up.”
Times columnist Erika D. Smith followed by writing that readers should urge Feinstein “to step down early … so that California will have two open seats in the U.S. Senate instead of just one.”
Smith noted that Gov. Gavin Newsom is being pressured by Black and Latino leaders to appoint one of their own to the Senate seat being vacated by Vice President-elect Kamala Harris. One solution would be for “Feinstein to be selfless and retire early,” Smith wrote. That would allow Newsom to name two new senators.
“Now is absolutely the time to be an ally to communities of color and let another younger lawmaker represent the evolving values of this state,” Smith wrote. “For to adequately address the many longstanding, race-based disparities in everything from healthcare to housing,
California needs a Black senator and a Latino senator.”
Maybe California does. But that should be the voters’ decision — not just one man’s. Those Senate seats belong to the public.
Californians elected a Black woman, Harris, to the Senate in 2016. But she almost immediately began running for president.
There probably should be a Latino senator from California. Forty percent of California’s population is Latino. But the state has never elected a Latino senator.
One of the biggest criticisms of centrist Feinstein by liberal activists is that she’s too civil and mannerly. Not harsh enough on Republicans. Too willing to compromise.
That’s also why she has been an effective senator.
“I like to work in a bipartisan way,” she said. “Some people on the left don’t like that. But that’s what the Senate should do. It benefits the people.”
Feinstein was widely criticized by liberals for her handling — as the top Democrat on the Senate Judiciary Committee — of the confirmation hearings for conservative Supreme Court nominee Amy Coney Barrett. They thought she was too soft. But there was absolutely nothing Democrats could have done to block Barrett from the court.
Feinstein handed her critics priceless fodder when, after the hearings, she congratulated committee Chairman Lindsey Graham (R-S.C.) for well-run sessions. And then they hugged.
Her explanation: She was only complimenting the chairman for that day’s session, which involved just public testimony. Barrett wasn’t present.
“I shook his hand and he gave me a hug and I got holy hell,” Feinstein recalled.
“I felt very badly. It was a hard one for me. Because if I can’t have good relationships with someone simply because they’re a Republican — and Lindsey is the committee chair — that’s not good. I think civility and bipartisanship mean something.”
Feinstein later stepped down as the committee’s No. 1 Democrat.
Jerry Roberts, a former San Francisco Chronicle top editor and political writer who wrote a book about Feinstein’s stint as San Francisco mayor, says:
“She deserves great respect. She was a political pioneer in advancing the cause of equality of women in electoral politics and it is sad if not disgusting — as well as sexist as hell — to see and hear political operatives and hacks with no sense or regard for history attack and dismiss her.”
Agreed. She was the first female mayor of San Francisco and — along with Barbara Boxer — the first female senator from California. She passed the nation’s first assault weapon ban at great political cost.
Feinstein may be over the hill. But she has earned the right to decide on her own when to descend all the way without being pushed.


latimes--2020-12-18--Wealthy patients scramble for COVID-19 vaccine: 'If I donate $25,000 ... would that help me?'

They ’ re offering tens of thousands of dollars in cash , making their personal assistants pester doctors every day , and asking whether a five-figure donation to a hospital would help them jump the line .
The COVID-19 vaccine is here — and so are the wealthy people who want it first .
“ We get hundreds of calls every single day , ” said Dr. Ehsan Ali , who runs Beverly Hills Concierge Doctor .
His clients , who include Ariana Grande and Justin Bieber , pay between $ 2,000 and $ 10,000 a year for personalized care @ @ @ @ @ @ @ where I have not been able to get something for my patients.
” With the first doses in short supply , California has laid out a strict order of vaccinations based on need and risk : Healthcare workers and nursing home residents , then essential workers and those with chronic health conditions , then , finally , everyone else .
But to those with power , money and influence , rules can always be bent .
California ’ s stern messaging about serving the neediest first hasn ’ t stopped the rich from @ @ @ @ @ @ @ farmworkers and firefighters .
Dr. Jeff Toll , who has admitting privileges at Cedars-Sinai Medical Center , one of the first hospitals to stock the vaccine , recalled a patient asking : “ If I donate $ 25,000 to Cedars , would that help me get in line ?
’ ” Toll said no .
Watchdogs have been warning that the COVID-19 vaccine ’ s initial scarcity could create a thriving black market , particularly if well-connected people in the healthcare industry skim off a few doses here and there for friends , @ @ @ @ @ @ @ getting earlier access to the shot may not even require much backroom deal-making .
Some wealthy patients may get the shots sooner than the average person because they ’ re members of exclusive healthcare groups that offer the kind of high-quality , primary care most Americans can ’ t afford .
Those patients are already on waiting lists with concierge doctors who charge as much as $ 25,000 a year for 24-hour access to top-notch care , which includes working to get their clients vaccinated as soon as it ’ s available .
@ @ @ @ @ @ @ phone calls from well-heeled clients and their assistants .
They ’ re busy assembling lengthy patient files with medical histories and potential COVID-19 risks .
And they ’ re snapping up expensive , ultra-low temperature freezers , which are in short supply , to store the Pfizer and BioNTech vaccine , which must be kept at minus 94 degrees Fahrenheit .
Doctors in boutique practices say they ’ ll adhere to public health guidelines in determining who gets priority .
But being on a waiting list at a practice that has special freezers @ @ @ @ @ @ @ re already near the front of the line once the supply opens up .
Some boutique practices have already applied to California health officials for approval to store and administer the vaccine at a time when the typical primary care doctor has little idea when and how their patients will get access to the shots .
“ As soon as we heard about the vaccine coming to market , we started looking for freezers , ” said Andrew Olanow , co-founder of Sollis Health , a concierge practice with clinics in New York @ @ @ @ @ @ @ Six weeks ago , Sollis Health placed an order for six ultra-low temperature freezers at about $ 5,000 each .
They ’ re due to arrive next month .
After Sollis reserved their freezers , he said , several “ larger governmental orders ” sucked up much of the remaining supply , meaning wait times will be longer for clinics just ordering now .
Representatives for Pfizer and Moderna , whose vaccine is expected to be authorized this week , said doctors and private citizens can not buy doses from them yet .
@ @ @ @ @ @ @ of doses to all 50 states .
Until the vaccine is available to nongovernmental buyers , concierge doctors are in the unusual position of telling their demanding patients that , for now , they will just have to wait .
That hasn ’ t stopped patients from trying .
“ People are willing to pay tens of thousands of dollars , ” said Toll , the doctor with admitting privileges at Cedars-Sinai .
His private concierge practice in Los Angeles starts at $ 5,000 a year and can go as high as $ @ @ @ @ @ @ @ requests , he said , have to be comfortable telling rich , powerful people “ no , ” similar to when they ask for inappropriate medications .
Toll tells his patients that those designated as most at-risk by public health officials should get it first .
“ We ’ re governed by the Hippocratic oath , the responsibility to provide care for the people who need it most , ” said Dr. Abe Malkin , the founder of Concierge MD LA , a house-call medical service that charges up to $ 750 per @ @ @ @ @ @ @ time , there ’ s obviously going to be gray areas based on individual patients ’ needs.
” Guidelines that prioritize people who work in essential industries , have underlying health conditions , or are older than 65 are massive gray areas .
In California alone , nearly 12 million people — two-thirds of the state workforce — work in essential industries .
That ambiguity creates opportunities for the well-connected to argue that an underlying health condition or a C-suite level position at an essential company should push them toward the front of @ @ @ @ @ @ @ a bioethicist and a visiting scholar at Tuskegee University .
“ With enough money and influence , you can make a convincing argument about anything , ” Ellis said .
But unlike lobbying for a better table at a restaurant or a better seat at a Broadway show , he said , taking a vaccine dose that was meant for an essential worker could cost someone their health or their life .
The pattern is familiar in a state where Hollywood stars and Silicon Valley executives are accustomed to getting their way .
@ @ @ @ @ @ @ his own blunder by dining without a mask at The French Laundry in Napa Valley , has warned that California will be “ very aggressive in making sure that those with means , those with influence , are not crowding out those that are most deserving of the vaccines.
” “ Those that think they can get ahead of the line and those that think because they have resources or they have relationships that will allow them to do it ... we also will be monitoring that very , very closely , ” @ @ @ @ @ @ @ assistant professor of medical ethics at NYU , said not everyone plying their connections for a shot is doing it out of purely selfish motivation .
Some people “ are not a top priority for vaccination , but have what they consider to be a pressing need , ” she said , including the families of immuno-compromised relatives who may otherwise wait months to be immunized .
“ Every system has a weak link somewhere , and I ’ m sure someone is going to find it and someone ’ s going to @ @ @ @ @ @ @ “ The question is : Where ’ s that weak link going to be , and how quickly will it be identified and stopped ?
” Taryn Vian , a health sector anti-corruption expert who teaches at the University of San Francisco , said powerful people could gain early access to the vaccine not by using bribery or coercion , but through more subtle means , like making requests to similarly powerful friends .
A friend of the leader of a pharmaceutical company , medical distributor , hospital or nursing home could ask @ @ @ @ @ @ @ , and the leader could ask their assistant to see if they could help .
The assistant might then interpret the request as a demand to misappropriate a dose , Vian explained .
“ V.I.P .
treatment is very common ” in the healthcare industry , Vian said .
That ’ s already happening in California , doctors say , particularly in the entertainment world .
Celebrities and executives aren ’ t badgering their doctors themselves but are instructing their assistants to find out how they can get better treatment .
“ Their @ @ @ @ @ @ @ , ” said one doctor who requested anonymity to speak frankly about their clients , many of whom work in Hollywood .
“ They don ’ t want to wait .
They want to know how they can get it more quickly .
”

They’re offering tens of thousands of dollars in cash, making their personal assistants pester doctors every day, and asking whether a five-figure donation to a hospital would help them jump the line.
The COVID-19 vaccine is here — and so are the wealthy people who want it first.
“We get hundreds of calls every single day,” said Dr. Ehsan Ali, who runs Beverly Hills Concierge Doctor. His clients, who include Ariana Grande and Justin Bieber, pay between $2,000 and $10,000 a year for personalized care. “This is the first time where I have not been able to get something for my patients.”
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With the first doses in short supply, California has laid out a strict order of vaccinations based on need and risk: Healthcare workers and nursing home residents, then essential workers and those with chronic health conditions, then, finally, everyone else.
But to those with power, money and influence, rules can always be bent. California’s stern messaging about serving the neediest first hasn’t stopped the rich from trying to leap ahead of teachers, farmworkers and firefighters.
Dr. Jeff Toll, who has admitting privileges at Cedars-Sinai Medical Center, one of the first hospitals to stock the vaccine, recalled a patient asking: “If I donate $25,000 to Cedars, would that help me get in line?’” Toll said no.
Watchdogs have been warning that the COVID-19 vaccine’s initial scarcity could create a thriving black market, particularly if well-connected people in the healthcare industry skim off a few doses here and there for friends, family or the highest bidder.
But getting earlier access to the shot may not even require much backroom deal-making. Some wealthy patients may get the shots sooner than the average person because they’re members of exclusive healthcare groups that offer the kind of high-quality, primary care most Americans can’t afford.
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Those patients are already on waiting lists with concierge doctors who charge as much as $25,000 a year for 24-hour access to top-notch care, which includes working to get their clients vaccinated as soon as it’s available.
Concierge practices are fielding frantic, repeated phone calls from well-heeled clients and their assistants. They’re busy assembling lengthy patient files with medical histories and potential COVID-19 risks.
And they’re snapping up expensive, ultra-low temperature freezers, which are in short supply, to store the Pfizer and BioNTech vaccine, which must be kept at minus 94 degrees Fahrenheit.
Doctors in boutique practices say they’ll adhere to public health guidelines in determining who gets priority. But being on a waiting list at a practice that has special freezers and other high-quality resources means you’re already near the front of the line once the supply opens up.
Some boutique practices have already applied to California health officials for approval to store and administer the vaccine at a time when the typical primary care doctor has little idea when and how their patients will get access to the shots.
“As soon as we heard about the vaccine coming to market, we started looking for freezers,” said Andrew Olanow, co-founder of Sollis Health, a concierge practice with clinics in New York, the Hamptons and Beverly Hills.
Six weeks ago, Sollis Health placed an order for six ultra-low temperature freezers at about $5,000 each. They’re due to arrive next month.
After Sollis reserved their freezers, he said, several “larger governmental orders” sucked up much of the remaining supply, meaning wait times will be longer for clinics just ordering now.
Representatives for Pfizer and Moderna, whose vaccine is expected to be authorized this week, said doctors and private citizens cannot buy doses from them yet. The U.S. government is controlling the allocation of doses to all 50 states.
Until the vaccine is available to nongovernmental buyers, concierge doctors are in the unusual position of telling their demanding patients that, for now, they will just have to wait.
That hasn’t stopped patients from trying.
“People are willing to pay tens of thousands of dollars,” said Toll, the doctor with admitting privileges at Cedars-Sinai. His private concierge practice in Los Angeles starts at $5,000 a year and can go as high as $25,000.
Doctors fielding these kinds of requests, he said, have to be comfortable telling rich, powerful people “no,” similar to when they ask for inappropriate medications. Toll tells his patients that those designated as most at-risk by public health officials should get it first.
“We’re governed by the Hippocratic oath, the responsibility to provide care for the people who need it most,” said Dr. Abe Malkin, the founder of Concierge MD LA, a house-call medical service that charges up to $750 per month. “But at the same time, there’s obviously going to be gray areas based on individual patients’ needs.”
Science & Medicine Your questions about COVID-19 vaccines answered COVID-19 vaccines are now being administered to healthcare workers in the U.S. What are your questions about the timeline, the safety or the science?
Guidelines that prioritize people who work in essential industries, have underlying health conditions, or are older than 65 are massive gray areas. In California alone, nearly 12 million people — two-thirds of the state workforce — work in essential industries.
That ambiguity creates opportunities for the well-connected to argue that an underlying health condition or a C-suite level position at an essential company should push them toward the front of the line, said Glenn Ellis, a bioethicist and a visiting scholar at Tuskegee University.
“With enough money and influence, you can make a convincing argument about anything,” Ellis said. But unlike lobbying for a better table at a restaurant or a better seat at a Broadway show, he said, taking a vaccine dose that was meant for an essential worker could cost someone their health or their life.
The pattern is familiar in a state where Hollywood stars and Silicon Valley executives are accustomed to getting their way. Gov. Gavin Newsom, who made his own blunder by dining without a mask at The French Laundry in Napa Valley, has warned that California will be “very aggressive in making sure that those with means, those with influence, are not crowding out those that are most deserving of the vaccines.”
“Those that think they can get ahead of the line and those that think because they have resources or they have relationships that will allow them to do it ... we also will be monitoring that very, very closely,” Newsom said.
Alison Bateman-House, an assistant professor of medical ethics at NYU, said not everyone plying their connections for a shot is doing it out of purely selfish motivation. Some people “are not a top priority for vaccination, but have what they consider to be a pressing need,” she said, including the families of immuno-compromised relatives who may otherwise wait months to be immunized.
“Every system has a weak link somewhere, and I’m sure someone is going to find it and someone’s going to exploit it,” Bateman-House said. “The question is: Where’s that weak link going to be, and how quickly will it be identified and stopped?”
Taryn Vian, a health sector anti-corruption expert who teaches at the University of San Francisco, said powerful people could gain early access to the vaccine not by using bribery or coercion, but through more subtle means, like making requests to similarly powerful friends.
A friend of the leader of a pharmaceutical company, medical distributor, hospital or nursing home could ask if there are any extra doses available, and the leader could ask their assistant to see if they could help. The assistant might then interpret the request as a demand to misappropriate a dose, Vian explained.
“V.I.P. treatment is very common” in the healthcare industry, Vian said.
That’s already happening in California, doctors say, particularly in the entertainment world. Celebrities and executives aren’t badgering their doctors themselves but are instructing their assistants to find out how they can get better treatment.
“Their people are calling me literally every day,” said one doctor who requested anonymity to speak frankly about their clients, many of whom work in Hollywood. “They don’t want to wait. They want to know how they can get it more quickly.”


latimes--2020-12-18--UC numbers soar, Cal State tumbles as pandemic upends college application season

The coronavirus pandemic has led to a good news , bad news college application season , as the University of California drew a record number of applicants for fall 2021 while California State University tumbled — a disparity reflected nationally by robust growth at many selective institutions and struggles at less resourced ones .
Applications to UC ’ s nine undergraduate campuses soared to a record 250,000 — a 15 % increase over last year , including significant rises among California Latino and Black freshmen applicants , according to preliminary data disclosed by UC President Michael V. Drake in a @ @ @ @ @ @ @ board .
Campus-specific data will not be released until early next year .
“ For all the challenges and all of the noise about is [ college ] worth it , we see more people looking to the University of California as a pathway to their future than ever before , ” Drake said .
At Cal State , however , applications declined by 5 % with wide variation among the system ’ s 23 campuses .
Cal State Dominguez Hills , which primarily serves disadvantaged students , saw a 17 % plunge @ @ @ @ @ @ @ 4 % at Cal Poly San Luis Obispo , the most selective campus with fewer students who are underrepresented minorities , low income or the first in their families to attend college .
So concerned about the disparity , CSU extended its deadline a second time for some campuses .
“ The pandemic and the economic crisis have exacerbated inequality , ” said Ted Mitchell , president of the American Council on Education , which represents more than 1,700 colleges and universities .
“ Students with financial resources are turning to selective institutions @ @ @ @ @ @ @ make sure their less resourced peers join them.
” Admissions experts speculate , however , that two other key factors may be driving application patterns this year .
Hundreds of campuses , including UC and Cal State , removed standardized testing requirements this year as the pandemic severely limited the availability of SAT and ACT testing opportunities , encouraging more students to apply to more institutions .
And although economic hardship may have discouraged some disadvantaged students from applying to college , it may have led others to seek out universities with generous @ @ @ @ @ @ @ system and top private campuses .
The California data mirror national trends .
Applications from low-income students and those who are the first in their families to attend college dropped by 7 % among the 900-plus private and public campus members of the Common Application , a nonprofit organization .
At the same time , selective private and large public colleges saw applications increase by about 12 % , said Common App Chief Executive Jenny Rickard .
Applications to less selective private campuses fell by 2 % and also declined among small public @ @ @ @ @ @ @ tied to a greater proportion of disadvantaged students at those institutions .
Yale , Emory , Duke , the University of Pennsylvania , University of Virginia and University of Michigan all reported gains in students applying to their early decision programs .
USC , which does not offer early decisions , already is seeing an “ upward trend ” in applications even though the submission deadline is not until Jan. 15 , campus spokeswoman Lauren Bartlett said .
Among students themselves , some say the biggest variable in their application decisions this year @ @ @ @ @ @ @ ACT scores .
More than 600 additional campuses removed those requirements this year because of the pandemic , but UC regents explicitly voted this year to phase out the tests , which they saw as a barrier to equitable admissions .
Andrea Gonzalez , a senior at Alliance Marine Innovation and Technology 6-12 Complex , a charter school in Sun Valley , has a 3.9 GPA , seven AP classes and leadership positions in student government and volleyball .
But she was a poor test taker .
“ I thought the only thing @ @ @ @ @ @ @ college applications ] was my SAT score , ” Gonzalez said .
Not having to take the test and submit a score was “ a big breath of relief ” and gave Gonzalez the courage to apply to some of the more competitive UCs , including UCLA , UC Irvine and UC Santa Barbara .
Gabriela Salazar , a senior at John Marshall High School with a 4.4 GPA , aspires to become an immigration lawyer .
Her parents , a self-employed baker and a restaurant worker , both lost work during the @ @ @ @ @ @ @ SAT prep classes and she wasn ’ t happy with her first score .
The second test was canceled .
“ I felt like all the hard work that I did in high school was to get into a good college — all the all-nighters I pulled and all the times I cried , ” she said .
“ I didn ’ t want all my hard work to go down the drain.
” She took advantage of SAT-optional offers and submitted applications to seven UCs as well as Stanford , Pepperdine and @ @ @ @ @ @ @ local CSUs in case they offer her better financial aid .
Cyndy McDonald , a Central Valley independent college counselor , said removing the testing requirement has made a “ huge difference ” in encouraging high-performing , economically disadvantaged students to aim high , she said .
“ Removing those test scores as factors puts them on a much more equal footing , ” she said .
Research has found that removing standardized testing requirements increases application rates by up to 10 % for the first few years , said Zachary Bleemer , @ @ @ @ @ @ @ Center for Studies in Higher Education .
That well-known effect led UC admission officers to expect a rise in applications — but those at UC Irvine and UC Santa Cruz said they were startled by the flood that came in shortly after the system began accepting them Nov. 1 .
Drake said he was particularly pleased with gains among underrepresented students — a nearly 20 % increase in California freshmen applications among Black students and nearly 11 % among Latino applicants — which campuses have worked hard to achieve .
But admissions officers @ @ @ @ @ @ @ of winnowing the flood of applications in a year without test scores , possibly more pass/fails in lieu of letter grades and extracurricular activities disrupted by the pandemic .
“ It will definitely be a challenge , ” said Emily Engelschall , UC Riverside director of undergraduate admissions .
“ At the end of the day , the university only gets so many spaces.
” At Cal State , leaders attributed the decline in applications to pandemic-related hardships , which prompted them to extend the original Nov. 30 application deadline to Dec. 15 @ @ @ @ @ @ @ several campuses .
The change in volume of applications varied by campus , dropping by as much as 26 % among first-time freshmen at Sonoma State and increasing by as much as 9 % at Cal Poly Pomona .
In part , the numbers reflected some ongoing trends : the recent struggle of several Northern California campuses to attract students from outside their areas because of competition from Southern California , wildfires , limited housing availability and the high cost of housing .
Other high-demand campuses — including San Diego State , Cal @ @ @ @ @ @ @ Obispo , Long Beach and Fullerton — saw gains or were relatively flat .
But COVID-19 certainly played a role .
In L.A. County , one of the counties hit hardest by the pandemic , campuses that serve large numbers of disadvantaged students saw big drops .
Applications dropped by 10 % at Cal State L.A. , where about 60 % of students are low-income and about 60 % first-generation students .
The university serves communities with some of the highest COVID-19 case rates in the county , including East L.A. , Florence-Firestone @ @ @ @ @ @ @ Boyle Heights .
Applications fell by 15 % for first-time freshmen at Cal State Northridge .
Deborah Brandon , Cal State Dominguez Hills associate vice president of enrollment management , said many students live in multi-generational households with family members who either worked in hospitals and restaurants or were recently furloughed or laid off .
More than three-quarters of the students are Black and Latino , and nearly the same share are the first in their families to pursue a bachelor ’ s degree .
In 2018 , the most recent year for @ @ @ @ @ @ @ % received federal financial aid — far greater than the systemwide average of 45 % .
Cal State admissions officials said that students had expressed anxiety about finances , including paying the $ 70 per-campus application fee .
They also cited Zoom fatigue , noting that high school students weren ’ t able to access the same learning or counseling resources as normal , and many were unsure if they wanted to begin college in a potentially virtual environment .
“ A lot of students are like , well , do I really @ @ @ @ @ @ @ online learning ?
Or should I just take a gap year and wait until this pandemic settles down and we can actually return to in-person learning and have a “ normal ” college experience ?
” said Jose Padilla , a senior enrollment advisor who does recruiting at Sonoma State .
A lot of the university ’ s high-touch efforts to recruit students were also difficult to replicate remotely .
Padilla said that in normal years , he goes to high schools and holds workshops where 60 or 70 students gather in a @ @ @ @ @ @ @ together .
“ This year we did try to do that , ” he said , “ but when it came to doing it virtually , we would have five to 10 students .
...
The last thing they want is to sit in front of a computer and hear another person give a presentation.
” Luoluo Hong , CSU associate vice chancellor for student affairs and enrollment management , said it was “ something to celebrate ” that the university received as many applications as it did despite the pandemic , recession @ @ @ @ @ @ @ “ With that said , I do think we need to be realistic about the challenges our students face , ” she said .

Royce Hall at UCLA overlooks a mostly empty campus, which is closed to the public because of the pandemic. Applications to UC’s nine undergraduate campuses are up 15% over last year.
The coronavirus pandemic has led to a good news, bad news college application season, as the University of California drew a record number of applicants for fall 2021 while California State University tumbled — a disparity reflected nationally by robust growth at many selective institutions and struggles at less resourced ones.
Applications to UC’s nine undergraduate campuses soared to a record 250,000 — a 15% increase over last year, including significant rises among California Latino and Black freshmen applicants, according to preliminary data disclosed by UC President Michael V. Drake in a meeting this week with The Times editorial board. Campus-specific data will not be released until early next year.
“For all the challenges and all of the noise about is [college] worth it, we see more people looking to the University of California as a pathway to their future than ever before,” Drake said.
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At Cal State, however, applications declined by 5% with wide variation among the system’s 23 campuses. Cal State Dominguez Hills, which primarily serves disadvantaged students, saw a 17% plunge in applications. But they increased by 4% at Cal Poly San Luis Obispo, the most selective campus with fewer students who are underrepresented minorities, low income or the first in their families to attend college.
So concerned about the disparity, CSU extended its deadline a second time for some campuses.
“The pandemic and the economic crisis have exacerbated inequality,” said Ted Mitchell, president of the American Council on Education, which represents more than 1,700 colleges and universities. “Students with financial resources are turning to selective institutions in record numbers. We have to make sure their less resourced peers join them.”
Cal State Dominguez Hills has had a 17% drop in applications for the 2021-2022 academic year. (Gary Coronado / Los Angeles Times)
Admissions experts speculate, however, that two other key factors may be driving application patterns this year. Hundreds of campuses, including UC and Cal State, removed standardized testing requirements this year as the pandemic severely limited the availability of SAT and ACT testing opportunities, encouraging more students to apply to more institutions. And although economic hardship may have discouraged some disadvantaged students from applying to college, it may have led others to seek out universities with generous financial aid, such as the UC system and top private campuses.
The California data mirror national trends. Applications from low-income students and those who are the first in their families to attend college dropped by 7% among the 900-plus private and public campus members of the Common Application, a nonprofit organization.
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At the same time, selective private and large public colleges saw applications increase by about 12%, said Common App Chief Executive Jenny Rickard. Applications to less selective private campuses fell by 2% and also declined among small public campuses, which Rickard speculated might be tied to a greater proportion of disadvantaged students at those institutions.
Yale, Emory, Duke, the University of Pennsylvania, University of Virginia and University of Michigan all reported gains in students applying to their early decision programs. USC, which does not offer early decisions, already is seeing an “upward trend” in applications even though the submission deadline is not until Jan. 15, campus spokeswoman Lauren Bartlett said.
Among students themselves, some say the biggest variable in their application decisions this year was not having to submit SAT and ACT scores. More than 600 additional campuses removed those requirements this year because of the pandemic, but UC regents explicitly voted this year to phase out the tests, which they saw as a barrier to equitable admissions.
Andrea Gonzalez, a senior at Alliance Marine Innovation and Technology 6-12 Complex, a charter school in Sun Valley, has a 3.9 GPA, seven AP classes and leadership positions in student government and volleyball. But she was a poor test taker.
“I thought the only thing that would hold me back [on college applications] was my SAT score,” Gonzalez said.
Not having to take the test and submit a score was “a big breath of relief” and gave Gonzalez the courage to apply to some of the more competitive UCs, including UCLA, UC Irvine and UC Santa Barbara.
High School senior Gabriela Salazar knew she would apply to college but has expanded her options now that SAT scores are not required. (Dania Maxwell / Los Angeles Times)
Gabriela Salazar, a senior at John Marshall High School with a 4.4 GPA, aspires to become an immigration lawyer. Her parents, a self-employed baker and a restaurant worker, both lost work during the pandemic. She couldn’t afford SAT prep classes and she wasn’t happy with her first score. The second test was canceled.
“I felt like all the hard work that I did in high school was to get into a good college — all the all-nighters I pulled and all the times I cried,” she said. “I didn’t want all my hard work to go down the drain.”
She took advantage of SAT-optional offers and submitted applications to seven UCs as well as Stanford, Pepperdine and USC. She also applied to four local CSUs in case they offer her better financial aid.
Cyndy McDonald, a Central Valley independent college counselor, said removing the testing requirement has made a “huge difference” in encouraging high-performing, economically disadvantaged students to aim high, she said.
“Removing those test scores as factors puts them on a much more equal footing,” she said.
Research has found that removing standardized testing requirements increases application rates by up to 10% for the first few years, said Zachary Bleemer, a research associate at the UC Berkeley Center for Studies in Higher Education. That well-known effect led UC admission officers to expect a rise in applications — but those at UC Irvine and UC Santa Cruz said they were startled by the flood that came in shortly after the system began accepting them Nov. 1.
Drake said he was particularly pleased with gains among underrepresented students — a nearly 20% increase in California freshmen applications among Black students and nearly 11% among Latino applicants — which campuses have worked hard to achieve. But admissions officers will be faced with the enormous task of winnowing the flood of applications in a year without test scores, possibly more pass/fails in lieu of letter grades and extracurricular activities disrupted by the pandemic.
“It will definitely be a challenge,” said Emily Engelschall, UC Riverside director of undergraduate admissions. “At the end of the day, the university only gets so many spaces.”
At Cal State, leaders attributed the decline in applications to pandemic-related hardships, which prompted them to extend the original Nov. 30 application deadline to Dec. 15 and again to January or later for several campuses.
The change in volume of applications varied by campus, dropping by as much as 26% among first-time freshmen at Sonoma State and increasing by as much as 9% at Cal Poly Pomona. In part, the numbers reflected some ongoing trends: the recent struggle of several Northern California campuses to attract students from outside their areas because of competition from Southern California, wildfires, limited housing availability and the high cost of housing.
Other high-demand campuses — including San Diego State, Cal Poly Pomona, Cal Poly San Luis Obispo, Long Beach and Fullerton — saw gains or were relatively flat.
But COVID-19 certainly played a role. In L.A. County, one of the counties hit hardest by the pandemic, campuses that serve large numbers of disadvantaged students saw big drops. Applications dropped by 10% at Cal State L.A., where about 60% of students are low-income and about 60% first-generation students. The university serves communities with some of the highest COVID-19 case rates in the county, including East L.A., Florence-Firestone, Pico Rivera, Bell Gardens and Boyle Heights. Applications fell by 15% for first-time freshmen at Cal State Northridge.
Deborah Brandon, Cal State Dominguez Hills associate vice president of enrollment management, said many students live in multi-generational households with family members who either worked in hospitals and restaurants or were recently furloughed or laid off. More than three-quarters of the students are Black and Latino, and nearly the same share are the first in their families to pursue a bachelor’s degree. In 2018, the most recent year for which data are available, nearly 60% received federal financial aid — far greater than the systemwide average of 45%.
Cal State admissions officials said that students had expressed anxiety about finances, including paying the $70 per-campus application fee. They also cited Zoom fatigue, noting that high school students weren’t able to access the same learning or counseling resources as normal, and many were unsure if they wanted to begin college in a potentially virtual environment.
“A lot of students are like, well, do I really want to go to college and do online learning? Or should I just take a gap year and wait until this pandemic settles down and we can actually return to in-person learning and have a “normal” college experience?” said Jose Padilla, a senior enrollment advisor who does recruiting at Sonoma State.
A lot of the university’s high-touch efforts to recruit students were also difficult to replicate remotely. Padilla said that in normal years, he goes to high schools and holds workshops where 60 or 70 students gather in a room and go through the CSU application together.
“This year we did try to do that,” he said, “but when it came to doing it virtually, we would have five to 10 students. ... The last thing they want is to sit in front of a computer and hear another person give a presentation.”
Luoluo Hong, CSU associate vice chancellor for student affairs and enrollment management, said it was “something to celebrate” that the university received as many applications as it did despite the pandemic, recession, and racial unrest this year.
“With that said, I do think we need to be realistic about the challenges our students face,” she said.