Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 01/25/2023 09:13 PM David W. Slayton, Executive Officer/Clerk of Court, by K. Valenzuela,Deputy Clerk
LAURA MARQUEZ-GARRETT (SBN 221542)
1 laura@socialmediavictims.org
MATTHEW BERGMAN (admitted pro hac vice)
2
matt@socialmediavictims.org
3 SOCIAL MEDIA VICTIMS LAW CENTER
1390 Market Street, Suite 200
4 San Francisco, California 94102
Tel: 206-294-1348
5
PAUL R. KIESEL (SBN 119854)
6
kiesel@kiesel.law
7 KIESEL LAW LLP
8648 Wilshire Boulevard
8 Beverly Hills, CA 90211
Tel: 310-854-4444
9
10 Attorneys for Plaintiffs
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF LOS ANGELES
13 IN RE: SOCIAL MEDIA CASES JCCP No. 5255
14 ____________________________________ [Consolidated with JCCP No. 5256]
CHRISTINA ARLINGTON SMITH, Case No. 22STCV21355
15 individually and as successor-in-interest to
16 LALANI WALTON, Deceased, and
HERIBERTO ARROYO, individually and NOTICE OF MOTION AND MOTION FOR
17 as successor-in-interest to ARRIANI APPOINTMENT OF JCCP INTERIM
JAILEEN ARROYO, Deceased, and STEERING COMMITTEE AND LIAISON
18 CHRISTAL ARROYO, individually, COUNSEL; DECLARATION OF MATTHEW P.
BERGMAN; AND DECLARATION OF PAUL R.
JESSICA WILLIAMS, individually and as KIESEL IN SUPPORT THEREOF
19 successor-in-interest to ZAIDEN
20 BALDWIN, Deceased, Date: February 17, 2023.
Time: 1:45 p.m.
Plaintiffs Judge: Hon. Carolyn B. Kuhl
21
Dept: Spring Street Courthouse, Dept. 12
v.
22
23 TIKTOK INC., BYTEDANCE INC., and
Does 1 - 100, Inclusive,
24
Defendants.
25
TO THE PARTIES TO THE ACTIONS, AND TO THEIR COUNSEL OF RECORD:
26
PLEASE TAKE NOTICE that at 1:45 p.m. on February 17, 2023, or as soon thereafter as counsel
27
may be heard in Department 12 of the Los Angeles Superior Court, Spring Street Courthouse located at
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1
MOTION FOR APPOINTMENT OF JCCP INTERIM
STEERING COMMITTEE AND LIAISON COUNSEL
1 312 N Spring Street, Los Angeles, California, 90012, the Honorable Judge Carolyn B. Kuhl presiding,
2 Plaintiff-Petitioners hereby moves the court for an Order for appointment of JCCP Interim Steering
3 Committee and Liaison Counsel.
4 This Motion is made on the grounds that Proposed Plaintiffs’ Interim Steering Committee and
5 Liaison Counsel (i) have devoted considerable effort to organizing the litigation and identifying and
6 investigating potential claims, including conducting proprietary expert analysis related to the claims, (ii)
7 have extensive experience handling complex class actions and the types of claims asserted in the
8 litigation, (iii) are knowledgeable of the applicable law, and (iv) have the resources to efficiently and
9 effectively prosecute this case on behalf of the Plaintiffs. Plaintiffs propose the following interim
10 Plaintiffs’ Liaison Counsel, Steering Committee Co-Chairs and Committee members:
11 A. Plaintiffs’ Liaison Counsel
Paul R. Kiesel
12 KIESEL LAW LLP
8648 Wilshire Blvd
13
Beverly Hills, CA 90211
14 B. Plaintiffs’ Steering Committee Co-Chairs
15 Matthew P. Bergman
SOCIAL MEDIA VICTIMS LAW CENTER
16 1390 Market Street, Suite 200
San Francisco, California 94102
17
Rachael Lanier
18 The Lanier Law Firm, P.C.
19 2829 Townsgate Rd., Suite 100
Westlake Village, CA 91361
20
Emily Jeffcott
21 Morgan & Morgan
220 West Garden Street, 9th Floor
22 Pensacola, FL 32502
23 C. Plaintiffs’ Steering Committee
24 Brooks Cutter
Cutter Law P.C.
25 401 Watt Avenue Suite #100
Sacramento, CA 95864
26 Jennifer Emmel
Beasley Allen
27 218 Commerce St
28 Montgomery, AL 36104
2
MOTION FOR APPOINTMENT OF JCCP INTERIM
STEERING COMMITTEE AND LIAISON COUNSEL
Fredrick Schenk
1 Casey Gerry
110 Laurel St.
2
San Diego, CA 92101
3
Jonathan Orent
4 Motley Rice LLC
55 Cedar St., Suite 100
5 Providence RI 02903
6 Lexi Hazam
Leiff Cabraser Heimann & Bernstein
7
275 Battery Street, 29th Floor
8 San Francisco, CA 94111-3339
9 Chris Ayers
Seeger Weiss LLP
10 55 Challenger Road
Ridgefield Park, NJ 07660
11
12 Amy Eskin
Schneider Wallace Cottrell Konecky LLP
13 2000 Powell Street, Suite 1400
Emeryville, CA 94608
14
D. Plaintiffs Trial Counsel
15
Brian Panish W. Mark Lanier
16 Panish Shea Boyle Ravipudi The Lanier Firm
11111 Santa Monica Blvd 2929 Towngate Rd.
17 Los Angeles CA 90026 Westgate Village, CA 91361
18
This motion is based upon this notice, the pleadings, records, and papers on file in this action,
19
oral and documentary evidence that may be presented at the hearing of this motion, and the attached
20
declarations of Matthew P. Bergman and Paul R. Kiesel.
21
22 Dated: January 25, 2023. SOCIAL MEDIA VICTIMS LAW CENTER PLLC
23
By:
24 LAURA MARQUEZ-GARRETT
MATTHEW P. BERGMAN
25 Attorneys for Plaintiffs
26
27
28
3
MOTION FOR APPOINTMENT OF JCCP INTERIM
STEERING COMMITTEE AND LIAISON COUNSEL
1 DECLARATION OF MATTHEW P. BERGMAN IN SUPPORT OF MOTION FOR
2 APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL
3 I, MATTHEW P. BERGMAN, declare and state as follows:
1. I am the founding attorney of the Social Media Victims Law Center, Petitioner in the above-
4
captioned Coordinated Proceeding and have been admitted pro vice in this matter. I submit this Declaration
5
in support of the application to serve as Interim Steering Committee Co-Chair in this matter.
6
Professional Background
7
2. I am a member in good standing of Oregon bar since 1989 and the Washington bar since
8
1991 and have never been subject to professional discipline. I graduated magna cum laude from Lewis &
9
Clark Law School in 1989. During law school, I served for one year as a Judicial Extern to Judge Diarmuid
10
F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and a law clerk for the Federal
11
Public Defender. Following graduation from law school, I served for two years as law clerk to Judge Bobby
12
R. Baldock of the United States Court of Appeals for the Tenth Circuit. After completing my clerkship, I
13
worked for four years as a litigation associate at Heller Ehrman White & McAuliffe where my work
14
involved defense of companies facing asbestos liabilities, environmental insurance coverage and Indian
15 law.
16 3. In 1995, I switched to the plaintiffs’ side and began representing injured victims in product
17 liability cases in state and federal court. Since 2001, I have been senior partner at Bergman Draper Oslund
18 Udo, the leading Pacific Northwest law firm representing asbestos cancer victims in product liability
19 litigation. I have represented over 750 mesothelioma victims with total recoveries over $1 billion. I have
20 tried over 25 cases to verdict and prosecuted over 30 appeals. I was appointed by the U.S. Trustee to the
21 creditors’ committees in thirteen asbestos bankruptcies, served as co-chair of one committee, and was
22 closely involved in the litigation and negotiations that produced over $20 billion in trust assets for asbestos
23 victims. I currently served in a fiduciary capacity on the Trust Advisory Committee of eight asbestos
24 bankruptcy trusts.
25 4. In addition to my litigation practice, I have been an adjunct professor at Lewis & Clark Law
26 School since 2019 where I teach litigation strategy to upper division students. I serve as Chair of the Lewis
and Clark Law School Board of Visitors and on the Executive Committee of the Lewis and Clark Board of
27
Trustees. A more complete listing of my professional background is attached as Exhibit A.
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4
MOTION FOR APPOINTMENT OF JCCP INTERIM
STEERING COMMITTEE AND LIAISON COUNSEL
1 Social Media Victims Law Center
2
5. In the fall of 2001, I founded Social Media Victims Law Center (SMVLC) in response to
3
the mental health epidemic ravaging American youth to advocate for parents of children injured or killed
4
through social media addiction and abuse. After 25 years of representing tort victims in complex product
5 liability cases, I wanted to devote the remainder of my legal career applying this litigation experience
6 towards protecting children from becoming victims in the first place.
7 6. SMVLC is the only law firm in the country exclusively focused on children injured by social
8 media. We currently represent 190 California parents in cases involving completed suicide, accidental
9 death, attempted suicide, suicidal ideation, eating disorders, severe anxiety and depression, racial profiling,
10 sexual abuse, and sex trafficking. A breakdown of our California clients by location, gender, and harms is
11 attached as Exhibit B.
12 7. In January 2022, SMVLC filed the first case in the country to invoke strict product liability
13 against social media companies on behalf of an injured child: Rodriguez v. Meta Platforms, Inc., No. 3:22-
14 cv-00401 (N.D. Cal 2022) (wrongful death action arising from suicide of 11-year-old child). Last
15 September, SMVLC filed the Coordination Petition that resulted in the above-referenced coordinated
16 proceeding. SMVLC currently has 25 cases pending in California state court involving 49 plaintiffs and 29
cases in the federal MDL in the Northern District of California. All of these cases involve minors or young
17
adults harmed or killed through social media addiction and abuse.
18
8. SMVLC is recognized internationally for our expertise in legal, technical, and scientific
19
issues relating to social media addiction and abuse among minors. I have been an invited speaker at the
20
annual convention of the American Association for Justice, Mass Torts Made Perfect, Harris Martin, and
21
Perrin CLEs. I was the only practicing attorney invited to participate in the First International Digital
22
Wellbeing Summit last March in Dhahran, Saudi Arabia where academics, thought leaders, and computer
23
scientists from around the world discussed the impact of social media on young people.
24
9. SMVLC attorney Laura Marquez-Garrett has been a member of the California Bar for 20
25
years. Prior to joining SMVLC, she represented companies in complex litigation matters and business
26
disputes most recently as a partner for Lane Powell, one of the leading Northwest law firms. For more than
27
a decade, Ms. Marquez-Garrett’s practice has focused on electronic discovery. She has served as special
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5
MOTION FOR APPOINTMENT OF JCCP INTERIM
STEERING COMMITTEE AND LIAISON COUNSEL
1 discovery counsel for clients and law firms and has consulted on all manner of data and discovery-related
2 innovations, issues, and disputes.
3 10. SMVLC Glenn S. Draper joined Social Media Victims Law Center in June 2022 after
representing victims of mesothelioma and other asbestos-caused diseases since 2004. Ms. Draper served
4
as trial counsel for numerous mesothelioma cases and obtained multi-million-dollar verdicts for his clients.
5
He is a national authority in complex toxic tort litigation and has spoken at numerous CLEs, most recently
6
on the impact of social media on minors.
7
Qualification for JCCP Leadership
8
11. Work identifying and investigating potential claims. I established SMVLC in October 2021
9
as a stand-alone law firm organized around the unique legal, technical, and factual issues posed by social
10
media litigation and the special needs of families impacted by the mental health injury or loss of a child.
11
We employ web-based case management systems, information retrieval processes, and client outreach
12
protocols to exchange communications and documents with our (mostly) tech- savvy clients through email,
13
text messaging, and various other means. Our forensic director, Jason Tanner, a former Secret Service
14
Officer with experience in electronic discovery, works closely with parents to identify and preserve
15 available social media and other data on their child’s devices. Working with our vendor, we have developed
16 a platform technology that will enable plaintiff’s counsel to amalgamate many terabytes of data from
17 multiple social media platforms and devices used by our clients’ kids and identify dangerous use patterns
18 and harmful content. To our knowledge, this technology is the first of its kind and will significantly benefit
19 all plaintiffs in JCCP 5255.
20 12. Since late 2021, SMVLC has engaged a roster of nationally renowned experts in the fields
21 of adolescent psychology, neurology, algorithmic design, and computer sciences. These experts include,
22 but are not limited to, Dimitri Christakis, MD, director of the Center for Child Health, Behavior and
23 Development at Seattle Children’s Research Institute; Jonathan Haidt, Ph.D., internationally known
24 authority on social media’s impact on adolescent mental health and author of The Coddling of the American
25 Mind; Adam Alter, Ph.D., leading authority on social media addiction and author of the bestseller
26 Irresistible: The Rise of Addictive Technology; Jean Twenge, Ph.D., national authority on social media and
youth mental health and author of the widely acclaimed iGen: Why Today’s Super-Connected Kids Are
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Growing Up Less Rebellious, More Tolerant, Less Happy–and Completely Unprepared for Adulthood; and
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6
MOTION FOR APPOINTMENT OF JCCP INTERIM
STEERING COMMITTEE AND LIAISON COUNSEL
1 Matthew Nock, Ph.D., Chair of the Harvard Psychology Department and one of the leading authorities on
2 suicide.
3 13. Together with my SMVLC colleagues, we have spent hundreds of hours connecting face-
to-face with parents who have lost children through suicide or accidental death and with children who are
4
struggling with social media addiction, eating disorders, bullying, and sexual abuse. These highly personal
5
and deeply emotional encounters are essential to understanding how young people interact with social
6
media and the prodigious harms they and their families have sustained. Actual client contact is not only
7
essential for effective trial workup but also furnishes the basis for productive negotiations and successful
8
resolution. Also significant for purposes of the JCCP 5255 is the fact that we represent clients across the
9
entire range of medically documented harms. Unlike most firms in JCCP 5255, we do not limit our cases
10
to specific harms or platforms and have cases pending against Facebook, Instagram, Snapchat, TikTok,
11
YouTube, Discord, and Roblox.
12
14. Prosecution of an JCCP proceeding requires the highest levels of professionalism between
13
opposing attorneys. Over the past year, I have worked closely with defense counsel from Meta, Snap,
14
TikTok, and YouTube on issues involving discovery, scheduling, and data preservation. Consistent with
15 my practice over the past 30 years, we have developed cordial working relationships with our defense
16 colleagues and we have successfully and respectfully worked through many complex issues already. If
17 appointed to a leadership role in JCCP 5255, we will draw upon this reservoir of trust and mutual respect
18 with defense counsel as we work through the challenges the parties will inevitably confront during this
19 proceeding.
20 15. We have also established close partnerships with several of the most reputable and respected
21 attorneys, firms, and organizations in the country. I am co-counseling on social media matters with
22 Professor Robert H. Klonoff, (one of the nation’s foremost legal scholars on complex litigation, class
23 actions and consolidated proceedings) and Seeger Weiss LLP, one of the most experienced and successful
24 law firms in complex class action and MDL litigation. I understand the power of cooperation and
25 coordination and have developed warm professional relationships with other plaintiff’s law firms involved
26 in social media litigation.
16. Experience in complex litigation. Product liability personal injury claims against social
27
media platforms is an entirely new field of litigation and all counsel will have to draw from their prior
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7
MOTION FOR APPOINTMENT OF JCCP INTERIM
STEERING COMMITTEE AND LIAISON COUNSEL
1 experience. My 25 years of litigating complex multi-defendant cases with innovative legal theories and
2 multifactor causation paths is directly applicable to the successful workup of trial cases in JCCP 5255.
3 Moreover, insofar as all harms alleged in these cases arise from minors’ online activities, identification,
retrieval, and analysis of electronic social media data is essential. SMVLC attorney Laura Marquez-Garrett
4
is a California and Washington attorney with 20 years’ experience in the field of electronic discovery,
5
including experience working with large corporations like the ones at issue in the MDL, and has been
6
actively working on issues of social media and ESI discovery for the past year.
7
17. Knowledge of applicable law. JCCP 5255 is explicitly focused on product liability claims.
8
The appellate decisions described in Appendix C demonstrate my proven track record of extending
9
traditional product liability law theories to encompass unconventional products and non-traditional
10
defendants. In establishing SMVLC, I drew upon this experience to address Section 230 of the
11
Communications Decency Act which has posed a challenge to social media cases in the past. Over the past
12
year, I have drafted legal briefs and lectured to legal audiences on Section 230, authored an article in Trial
13
Magazine on social media litigation, am about to publish an article in Lewis & Clark Law Review on the
14
relationship between Section 230 and product liability. This legal knowledge will be beneficial as plaintiffs
15 confront dispositive motions from defendants seeking immunity under Section 230.
16 18. Resources Committed to the Litigation. My commitment to this litigation is both personal
17 and pecuniary. On the personal side, this litigation provides a vehicle to apply the lessons I have learned
18 over a 30-year legal career to make a positive difference in the lives of young people. I have divested my
19 other legal responsibilities to pursue this work full-time and, if selected as co-lead, will work exclusively
20 on this litigation. On the financial side, I have personally invested over $3 million on these cases and will
21 assume the necessary financial obligations to see this litigation to fruition.
22 I DECLARE THE TRUTH OF THE FORGOING STATEMENT UNDER PENALTY OF
23 PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA
24
Executed on January 25, 2023, at Seattle, Washington.
25
26
27 ______________________________
MATTHEW P. BERGMAN, Declarant
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8
MOTION FOR APPOINTMENT OF JCCP INTERIM
STEERING COMMITTEE AND LIAISON COUNSEL
EXHIBIT A
MATTHEW P. BERGMAN
8 2 1 S e c o n d Av e n u e , S u i t e 2 1 0 0
S e a t t l e , WA 9 8 1 0 4
LEGAL EXPERIENCE (206) 200-2606
Founding Attorney
SOCIAL MEDIA VICTIMS LAW CENTER, Seattle, WA | 2021–Present matt@socialmediavictims.org
• Represent 1,085 families of children injured by social media addiction
• Currently litigating over 40 cases in federal and state courts EDUCATION
Adjunct Professor of Law
Bar Admissions
LEWIS & CLARK LAW SCHOOL, Portland, OR | 2018–Present
Washington, 1991
• Teach litigation strategy to upper division law students
Oregon, 1989
Of Counsel | 2022–Present, Senior Partner | 2001–2021, Associate | 1996–2000
BERGMAN DRAPER OSLUND UDO, Seattle, WA
Lewis & Clark Law School
• Representing toxic tort victims in state and federal courts Portland, Oregon
• Prosecuted 25 jury trials and obtained 30 reported appellate decisions
J.D. magna cum laude
• Over $1 billion in client recoveries
1989
• Appointed to Creditor’s Committee on 13 major bankruptcies, resulting in over
$20 billion in trust recoveries for asbestos victims.
Reed College
Litigation Associate
Portland, Oregon
HELLER EHRMAN WHITE & MCAULIFFE, Seattle, WA | 1991–1995
B.A. Sociology
Law Clerk to the Honorable Bobby R. Baldock 1986
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT | 1989–1991
Law Clerk
FEDERAL PUBLIC DEFENDER FOR THE DISTRICT OF OREGON | 1988–1989
Judicial Extern to the Honorable Diarmuid F. O’Scannlain
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT | 1987–1988
LEGAL PUBLICATIONS
Assaulting the Citadel of Section 230 Immunity: Product Liability & Social Media,
23 Lewis & Clark Law Review ___ (2023)
Social Media: An Unsafe Place for Kids, Trial Magazine, August 2022
Montesquieu’s Theory of Government and the American Constitution,
18 Pepperdine Law Review 1
Dissent in the Judicial Process: Discord in Service of Harmony,
68 Denver U. Law Review 79
Status, Contract and History: A Dialectical View, 13 Cardozo Law Review 1
LEGAL HONORS
Learned Hand Award
AMERICAN JEWISH COMMITTEE | 2022
Above & Beyond Award
AMERICAN ASSOCIATION FOR JUSTICE | 2022
Distinguished Alumnus
LEWIS & CLARK LAW SCHOOL | 1989
JUDICIAL REFERENCES
Bobby R. Baldock
SENIOR UNITED STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT | (575) 625-2388
John B. Erlick
RETIRED KING COUNTY SUPERIOR COURT JUDGE | (206) 223-1669
Veronica Galvan
KING COUNTY SUPERIOR COURT JUDGE | (206) 477-1453
Paris K. Kallas
RETIRED KING COUNTY SUPERIOR COURT JUDGE | (206) 223-1669
Robert S. Lasnik
SENIOR UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF WASHINGTON | (206) 370-8810
Ronald Leighton
RETIRED UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF WASHINGTON | (253) 328-7837
Diarmuid F. O’Scannlain
SENIOR UNITED STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT | (503) 833-5380
Nicole Phelps
KING COUNTY SUPERIOR COURT JUDGE | (206) 477-1411
Jim Rogers
KING COUNTY SUPERIOR COURT JUDGE | (206) 477-1597
Barbara J. Rothstein
SENIOR UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF WASHINGTON | (202) 354-3330
COMMUNITY SERVICE
American Jewish Committee Arabian Gulf Institute | WASHINGTON, DC
• Board member of organization focused on improving relations between Israel and Arab countries and deepening
understanding between Muslims and Jews
• Member of delegation to Bahrain and United Arab Emirates in Fall 2022. Met with Cabinet officers, business, and
thought leaders
American Security Project | WASHINGTON, DC
• Board member of bipartisan organization of retired flag officers focusing on national security impact of climate change
Lewis & Clark College | PORTLAND, OR
• Vice Chair, Board of Trustees
• Chair, Law School Board of Visitors
Masai Children’s Initiative | MASSAI MARA, KENYA
• Founder & Sponsor, 2004-2014
• Established locally administered female literacy project in Maasai tribal communities
• Funded construction of primary and boarding schools for 350 Maasai girls
• Developed solar powered computer lab with internet connectivity and solar powered well to furnish potable water to
school and neighboring villages
Mississippi Center for Justice | JACKSON, MS
• Board Member
• Oversee prosecution of litigation on voting rights, racial and economic justice, fair housing, and reproductive rights
• MCJ Represented Curtis Flowers in US Supreme Court and on remand secured dismissal of all charges in remand
Naval Historical Foundation | WASHINGTON, DC
• Board member of federally chartered nonprofit to preserve and honor legacy of Naval service
Tacoma Art Museum | TACOMA, WA
• Board member
EXHIBIT B
SMVLC California Clients
As of Sunday, January 22, 2023, Social Media Victims Law Center has 190 clients in California.
SMVLC has filed cases for 19 California clients.
Breakdown of SMVLC California Clients by Harm
(Percentages are of total California clients (190), Harms are self-reported by client)
Wrongful Death – 20 cases, 10.53% Severe Depression – 164 cases, 86.32%
Attempted Suicide – 89 cases, 46.84% Bullying – 145 cases, 76.32%
Self-Harm – 118 cases, 62.11% Exchanged Explicit Photos – 80 cases, 42.11%
Suicidal Thoughts – 132 cases, 69.47% Sexual Contact with Person Over 18 – 41 cases, 21.58%
Eating Disorders – 112 cases, 58.95% Sex Trafficking – 12 cases, 6.32%
Unhealthy Concerns with Body Image – 152 cases, 80.00% Sleep Deprivation – 140 cases, 73.68%
Statistics of SMVLC California Wrongful Death Cases
• Total Wrongful Death Cases – 20 cases (10.53% of total active California cases)
o 40.00% of total wrongful death victims are Female (8 cases)
o 60.00% of total wrongful death victims are Male (12 cases)
• Suicide Cases excluding Accidental Deaths – 7 cases (3.68% of total active California cases)
o 71.43% of these suicide victims are Female (5 cases) SMVLC California Injured Children by Gender
o 28.57% of these suicide victims are Male (2 cases) 1
• Accidental Death Cases – 13 cases (6.84% of total active California cases) 0.53%
o 23.08% of Accidental Death victims are Female (3 cases) 57
o 76.92% of Accidental Death victims are Male (10 cases) 30.00%
All current Accidental Death cases in California are Fentanyl drug overdose deaths. Female
Male
Breakdown of SMVLC California Clients by Injured Child Gender
Unknown
• 132 Injured Children are Female (69.47%)
• 57 Injured Children are Male (30.00%)
• 1 Injured Child SMVLC does not yet know gender (0.53%) 132
69.47%
Breakdown of SMVLC California Clients by City (119 CA Cities)
SMVLC California Clients by City
14 12
12
10
8 7
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 01/25/2023 09:13 PM David W. Slayton, Executive Officer/Clerk of Court, by K. Valenzuela,Deputy Clerk LAURA MARQUEZ-GARRETT (SBN 221542) 1 laura@socialmediavictims.org MATTHEW BERGMAN (admitted pro hac vice) 2 matt@socialmediavictims.org 3 SOCIAL MEDIA VICTIMS LAW CENTER 1390 Market Street, Suite 200 4 San Francisco, California 94102 Tel: 206-294-1348 5 PAUL R. KIESEL (SBN 119854) 6 kiesel@kiesel.law 7 KIESEL LAW LLP 8648 Wilshire Boulevard 8 Beverly Hills, CA 90211 Tel: 310-854-4444 9 10 Attorneys for Plaintiffs 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF LOS ANGELES 13 IN RE: SOCIAL MEDIA CASES JCCP No. 5255 14 ____________________________________ [Consolidated with JCCP No. 5256] CHRISTINA ARLINGTON SMITH, Case No. 22STCV21355 15 individually and as successor-in-interest to 16 LALANI WALTON, Deceased, and HERIBERTO ARROYO, individually and NOTICE OF MOTION AND MOTION FOR 17 as successor-in-interest to ARRIANI APPOINTMENT OF JCCP INTERIM JAILEEN ARROYO, Deceased, and STEERING COMMITTEE AND LIAISON 18 CHRISTAL ARROYO, individually, COUNSEL; DECLARATION OF MATTHEW P. BERGMAN; AND DECLARATION OF PAUL R. JESSICA WILLIAMS, individually and as KIESEL IN SUPPORT THEREOF 19 successor-in-interest to ZAIDEN 20 BALDWIN, Deceased, Date: February 17, 2023. Time: 1:45 p.m. Plaintiffs Judge: Hon. Carolyn B. Kuhl 21 Dept: Spring Street Courthouse, Dept. 12 v. 22 23 TIKTOK INC., BYTEDANCE INC., and Does 1 - 100, Inclusive, 24 Defendants. 25 TO THE PARTIES TO THE ACTIONS, AND TO THEIR COUNSEL OF RECORD: 26 PLEASE TAKE NOTICE that at 1:45 p.m. on February 17, 2023, or as soon thereafter as counsel 27 may be heard in Department 12 of the Los Angeles Superior Court, Spring Street Courthouse located at 28 1 MOTION FOR APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL 1 312 N Spring Street, Los Angeles, California, 90012, the Honorable Judge Carolyn B. Kuhl presiding, 2 Plaintiff-Petitioners hereby moves the court for an Order for appointment of JCCP Interim Steering 3 Committee and Liaison Counsel. 4 This Motion is made on the grounds that Proposed Plaintiffs’ Interim Steering Committee and 5 Liaison Counsel (i) have devoted considerable effort to organizing the litigation and identifying and 6 investigating potential claims, including conducting proprietary expert analysis related to the claims, (ii) 7 have extensive experience handling complex class actions and the types of claims asserted in the 8 litigation, (iii) are knowledgeable of the applicable law, and (iv) have the resources to efficiently and 9 effectively prosecute this case on behalf of the Plaintiffs. Plaintiffs propose the following interim 10 Plaintiffs’ Liaison Counsel, Steering Committee Co-Chairs and Committee members: 11 A. Plaintiffs’ Liaison Counsel Paul R. Kiesel 12 KIESEL LAW LLP 8648 Wilshire Blvd 13 Beverly Hills, CA 90211 14 B. Plaintiffs’ Steering Committee Co-Chairs 15 Matthew P. Bergman SOCIAL MEDIA VICTIMS LAW CENTER 16 1390 Market Street, Suite 200 San Francisco, California 94102 17 Rachael Lanier 18 The Lanier Law Firm, P.C. 19 2829 Townsgate Rd., Suite 100 Westlake Village, CA 91361 20 Emily Jeffcott 21 Morgan & Morgan 220 West Garden Street, 9th Floor 22 Pensacola, FL 32502 23 C. Plaintiffs’ Steering Committee 24 Brooks Cutter Cutter Law P.C. 25 401 Watt Avenue Suite #100 Sacramento, CA 95864 26 Jennifer Emmel Beasley Allen 27 218 Commerce St 28 Montgomery, AL 36104 2 MOTION FOR APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL Fredrick Schenk 1 Casey Gerry 110 Laurel St. 2 San Diego, CA 92101 3 Jonathan Orent 4 Motley Rice LLC 55 Cedar St., Suite 100 5 Providence RI 02903 6 Lexi Hazam Leiff Cabraser Heimann & Bernstein 7 275 Battery Street, 29th Floor 8 San Francisco, CA 94111-3339 9 Chris Ayers Seeger Weiss LLP 10 55 Challenger Road Ridgefield Park, NJ 07660 11 12 Amy Eskin Schneider Wallace Cottrell Konecky LLP 13 2000 Powell Street, Suite 1400 Emeryville, CA 94608 14 D. Plaintiffs Trial Counsel 15 Brian Panish W. Mark Lanier 16 Panish Shea Boyle Ravipudi The Lanier Firm 11111 Santa Monica Blvd 2929 Towngate Rd. 17 Los Angeles CA 90026 Westgate Village, CA 91361 18 This motion is based upon this notice, the pleadings, records, and papers on file in this action, 19 oral and documentary evidence that may be presented at the hearing of this motion, and the attached 20 declarations of Matthew P. Bergman and Paul R. Kiesel. 21 22 Dated: January 25, 2023. SOCIAL MEDIA VICTIMS LAW CENTER PLLC 23 By: 24 LAURA MARQUEZ-GARRETT MATTHEW P. BERGMAN 25 Attorneys for Plaintiffs 26 27 28 3 MOTION FOR APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL 1 DECLARATION OF MATTHEW P. BERGMAN IN SUPPORT OF MOTION FOR 2 APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL 3 I, MATTHEW P. BERGMAN, declare and state as follows: 1. I am the founding attorney of the Social Media Victims Law Center, Petitioner in the above- 4 captioned Coordinated Proceeding and have been admitted pro vice in this matter. I submit this Declaration 5 in support of the application to serve as Interim Steering Committee Co-Chair in this matter. 6 Professional Background 7 2. I am a member in good standing of Oregon bar since 1989 and the Washington bar since 8 1991 and have never been subject to professional discipline. I graduated magna cum laude from Lewis & 9 Clark Law School in 1989. During law school, I served for one year as a Judicial Extern to Judge Diarmuid 10 F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and a law clerk for the Federal 11 Public Defender. Following graduation from law school, I served for two years as law clerk to Judge Bobby 12 R. Baldock of the United States Court of Appeals for the Tenth Circuit. After completing my clerkship, I 13 worked for four years as a litigation associate at Heller Ehrman White & McAuliffe where my work 14 involved defense of companies facing asbestos liabilities, environmental insurance coverage and Indian 15 law. 16 3. In 1995, I switched to the plaintiffs’ side and began representing injured victims in product 17 liability cases in state and federal court. Since 2001, I have been senior partner at Bergman Draper Oslund 18 Udo, the leading Pacific Northwest law firm representing asbestos cancer victims in product liability 19 litigation. I have represented over 750 mesothelioma victims with total recoveries over $1 billion. I have 20 tried over 25 cases to verdict and prosecuted over 30 appeals. I was appointed by the U.S. Trustee to the 21 creditors’ committees in thirteen asbestos bankruptcies, served as co-chair of one committee, and was 22 closely involved in the litigation and negotiations that produced over $20 billion in trust assets for asbestos 23 victims. I currently served in a fiduciary capacity on the Trust Advisory Committee of eight asbestos 24 bankruptcy trusts. 25 4. In addition to my litigation practice, I have been an adjunct professor at Lewis & Clark Law 26 School since 2019 where I teach litigation strategy to upper division students. I serve as Chair of the Lewis and Clark Law School Board of Visitors and on the Executive Committee of the Lewis and Clark Board of 27 Trustees. A more complete listing of my professional background is attached as Exhibit A. 28 4 MOTION FOR APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL 1 Social Media Victims Law Center 2 5. In the fall of 2001, I founded Social Media Victims Law Center (SMVLC) in response to 3 the mental health epidemic ravaging American youth to advocate for parents of children injured or killed 4 through social media addiction and abuse. After 25 years of representing tort victims in complex product 5 liability cases, I wanted to devote the remainder of my legal career applying this litigation experience 6 towards protecting children from becoming victims in the first place. 7 6. SMVLC is the only law firm in the country exclusively focused on children injured by social 8 media. We currently represent 190 California parents in cases involving completed suicide, accidental 9 death, attempted suicide, suicidal ideation, eating disorders, severe anxiety and depression, racial profiling, 10 sexual abuse, and sex trafficking. A breakdown of our California clients by location, gender, and harms is 11 attached as Exhibit B. 12 7. In January 2022, SMVLC filed the first case in the country to invoke strict product liability 13 against social media companies on behalf of an injured child: Rodriguez v. Meta Platforms, Inc., No. 3:22- 14 cv-00401 (N.D. Cal 2022) (wrongful death action arising from suicide of 11-year-old child). Last 15 September, SMVLC filed the Coordination Petition that resulted in the above-referenced coordinated 16 proceeding. SMVLC currently has 25 cases pending in California state court involving 49 plaintiffs and 29 cases in the federal MDL in the Northern District of California. All of these cases involve minors or young 17 adults harmed or killed through social media addiction and abuse. 18 8. SMVLC is recognized internationally for our expertise in legal, technical, and scientific 19 issues relating to social media addiction and abuse among minors. I have been an invited speaker at the 20 annual convention of the American Association for Justice, Mass Torts Made Perfect, Harris Martin, and 21 Perrin CLEs. I was the only practicing attorney invited to participate in the First International Digital 22 Wellbeing Summit last March in Dhahran, Saudi Arabia where academics, thought leaders, and computer 23 scientists from around the world discussed the impact of social media on young people. 24 9. SMVLC attorney Laura Marquez-Garrett has been a member of the California Bar for 20 25 years. Prior to joining SMVLC, she represented companies in complex litigation matters and business 26 disputes most recently as a partner for Lane Powell, one of the leading Northwest law firms. For more than 27 a decade, Ms. Marquez-Garrett’s practice has focused on electronic discovery. She has served as special 28 5 MOTION FOR APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL 1 discovery counsel for clients and law firms and has consulted on all manner of data and discovery-related 2 innovations, issues, and disputes. 3 10. SMVLC Glenn S. Draper joined Social Media Victims Law Center in June 2022 after representing victims of mesothelioma and other asbestos-caused diseases since 2004. Ms. Draper served 4 as trial counsel for numerous mesothelioma cases and obtained multi-million-dollar verdicts for his clients. 5 He is a national authority in complex toxic tort litigation and has spoken at numerous CLEs, most recently 6 on the impact of social media on minors. 7 Qualification for JCCP Leadership 8 11. Work identifying and investigating potential claims. I established SMVLC in October 2021 9 as a stand-alone law firm organized around the unique legal, technical, and factual issues posed by social 10 media litigation and the special needs of families impacted by the mental health injury or loss of a child. 11 We employ web-based case management systems, information retrieval processes, and client outreach 12 protocols to exchange communications and documents with our (mostly) tech- savvy clients through email, 13 text messaging, and various other means. Our forensic director, Jason Tanner, a former Secret Service 14 Officer with experience in electronic discovery, works closely with parents to identify and preserve 15 available social media and other data on their child’s devices. Working with our vendor, we have developed 16 a platform technology that will enable plaintiff’s counsel to amalgamate many terabytes of data from 17 multiple social media platforms and devices used by our clients’ kids and identify dangerous use patterns 18 and harmful content. To our knowledge, this technology is the first of its kind and will significantly benefit 19 all plaintiffs in JCCP 5255. 20 12. Since late 2021, SMVLC has engaged a roster of nationally renowned experts in the fields 21 of adolescent psychology, neurology, algorithmic design, and computer sciences. These experts include, 22 but are not limited to, Dimitri Christakis, MD, director of the Center for Child Health, Behavior and 23 Development at Seattle Children’s Research Institute; Jonathan Haidt, Ph.D., internationally known 24 authority on social media’s impact on adolescent mental health and author of The Coddling of the American 25 Mind; Adam Alter, Ph.D., leading authority on social media addiction and author of the bestseller 26 Irresistible: The Rise of Addictive Technology; Jean Twenge, Ph.D., national authority on social media and youth mental health and author of the widely acclaimed iGen: Why Today’s Super-Connected Kids Are 27 Growing Up Less Rebellious, More Tolerant, Less Happy–and Completely Unprepared for Adulthood; and 28 6 MOTION FOR APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL 1 Matthew Nock, Ph.D., Chair of the Harvard Psychology Department and one of the leading authorities on 2 suicide. 3 13. Together with my SMVLC colleagues, we have spent hundreds of hours connecting face- to-face with parents who have lost children through suicide or accidental death and with children who are 4 struggling with social media addiction, eating disorders, bullying, and sexual abuse. These highly personal 5 and deeply emotional encounters are essential to understanding how young people interact with social 6 media and the prodigious harms they and their families have sustained. Actual client contact is not only 7 essential for effective trial workup but also furnishes the basis for productive negotiations and successful 8 resolution. Also significant for purposes of the JCCP 5255 is the fact that we represent clients across the 9 entire range of medically documented harms. Unlike most firms in JCCP 5255, we do not limit our cases 10 to specific harms or platforms and have cases pending against Facebook, Instagram, Snapchat, TikTok, 11 YouTube, Discord, and Roblox. 12 14. Prosecution of an JCCP proceeding requires the highest levels of professionalism between 13 opposing attorneys. Over the past year, I have worked closely with defense counsel from Meta, Snap, 14 TikTok, and YouTube on issues involving discovery, scheduling, and data preservation. Consistent with 15 my practice over the past 30 years, we have developed cordial working relationships with our defense 16 colleagues and we have successfully and respectfully worked through many complex issues already. If 17 appointed to a leadership role in JCCP 5255, we will draw upon this reservoir of trust and mutual respect 18 with defense counsel as we work through the challenges the parties will inevitably confront during this 19 proceeding. 20 15. We have also established close partnerships with several of the most reputable and respected 21 attorneys, firms, and organizations in the country. I am co-counseling on social media matters with 22 Professor Robert H. Klonoff, (one of the nation’s foremost legal scholars on complex litigation, class 23 actions and consolidated proceedings) and Seeger Weiss LLP, one of the most experienced and successful 24 law firms in complex class action and MDL litigation. I understand the power of cooperation and 25 coordination and have developed warm professional relationships with other plaintiff’s law firms involved 26 in social media litigation. 16. Experience in complex litigation. Product liability personal injury claims against social 27 media platforms is an entirely new field of litigation and all counsel will have to draw from their prior 28 7 MOTION FOR APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL 1 experience. My 25 years of litigating complex multi-defendant cases with innovative legal theories and 2 multifactor causation paths is directly applicable to the successful workup of trial cases in JCCP 5255. 3 Moreover, insofar as all harms alleged in these cases arise from minors’ online activities, identification, retrieval, and analysis of electronic social media data is essential. SMVLC attorney Laura Marquez-Garrett 4 is a California and Washington attorney with 20 years’ experience in the field of electronic discovery, 5 including experience working with large corporations like the ones at issue in the MDL, and has been 6 actively working on issues of social media and ESI discovery for the past year. 7 17. Knowledge of applicable law. JCCP 5255 is explicitly focused on product liability claims. 8 The appellate decisions described in Appendix C demonstrate my proven track record of extending 9 traditional product liability law theories to encompass unconventional products and non-traditional 10 defendants. In establishing SMVLC, I drew upon this experience to address Section 230 of the 11 Communications Decency Act which has posed a challenge to social media cases in the past. Over the past 12 year, I have drafted legal briefs and lectured to legal audiences on Section 230, authored an article in Trial 13 Magazine on social media litigation, am about to publish an article in Lewis & Clark Law Review on the 14 relationship between Section 230 and product liability. This legal knowledge will be beneficial as plaintiffs 15 confront dispositive motions from defendants seeking immunity under Section 230. 16 18. Resources Committed to the Litigation. My commitment to this litigation is both personal 17 and pecuniary. On the personal side, this litigation provides a vehicle to apply the lessons I have learned 18 over a 30-year legal career to make a positive difference in the lives of young people. I have divested my 19 other legal responsibilities to pursue this work full-time and, if selected as co-lead, will work exclusively 20 on this litigation. On the financial side, I have personally invested over $3 million on these cases and will 21 assume the necessary financial obligations to see this litigation to fruition. 22 I DECLARE THE TRUTH OF THE FORGOING STATEMENT UNDER PENALTY OF 23 PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA 24 Executed on January 25, 2023, at Seattle, Washington. 25 26 27 ______________________________ MATTHEW P. BERGMAN, Declarant 28 8 MOTION FOR APPOINTMENT OF JCCP INTERIM STEERING COMMITTEE AND LIAISON COUNSEL EXHIBIT A MATTHEW P. BERGMAN 8 2 1 S e c o n d Av e n u e , S u i t e 2 1 0 0 S e a t t l e , WA 9 8 1 0 4 LEGAL EXPERIENCE (206) 200-2606 Founding Attorney SOCIAL MEDIA VICTIMS LAW CENTER, Seattle, WA | 2021–Present matt@socialmediavictims.org • Represent 1,085 families of children injured by social media addiction • Currently litigating over 40 cases in federal and state courts EDUCATION Adjunct Professor of Law Bar Admissions LEWIS & CLARK LAW SCHOOL, Portland, OR | 2018–Present Washington, 1991 • Teach litigation strategy to upper division law students Oregon, 1989 Of Counsel | 2022–Present, Senior Partner | 2001–2021, Associate | 1996–2000 BERGMAN DRAPER OSLUND UDO, Seattle, WA Lewis & Clark Law School • Representing toxic tort victims in state and federal courts Portland, Oregon • Prosecuted 25 jury trials and obtained 30 reported appellate decisions J.D. magna cum laude • Over $1 billion in client recoveries 1989 • Appointed to Creditor’s Committee on 13 major bankruptcies, resulting in over $20 billion in trust recoveries for asbestos victims. Reed College Litigation Associate Portland, Oregon HELLER EHRMAN WHITE & MCAULIFFE, Seattle, WA | 1991–1995 B.A. Sociology Law Clerk to the Honorable Bobby R. Baldock 1986 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT | 1989–1991 Law Clerk FEDERAL PUBLIC DEFENDER FOR THE DISTRICT OF OREGON | 1988–1989 Judicial Extern to the Honorable Diarmuid F. O’Scannlain UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT | 1987–1988 LEGAL PUBLICATIONS Assaulting the Citadel of Section 230 Immunity: Product Liability & Social Media, 23 Lewis & Clark Law Review ___ (2023) Social Media: An Unsafe Place for Kids, Trial Magazine, August 2022 Montesquieu’s Theory of Government and the American Constitution, 18 Pepperdine Law Review 1 Dissent in the Judicial Process: Discord in Service of Harmony, 68 Denver U. Law Review 79 Status, Contract and History: A Dialectical View, 13 Cardozo Law Review 1 LEGAL HONORS Learned Hand Award AMERICAN JEWISH COMMITTEE | 2022 Above & Beyond Award AMERICAN ASSOCIATION FOR JUSTICE | 2022 Distinguished Alumnus LEWIS & CLARK LAW SCHOOL | 1989 JUDICIAL REFERENCES Bobby R. Baldock SENIOR UNITED STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT | (575) 625-2388 John B. Erlick RETIRED KING COUNTY SUPERIOR COURT JUDGE | (206) 223-1669 Veronica Galvan KING COUNTY SUPERIOR COURT JUDGE | (206) 477-1453 Paris K. Kallas RETIRED KING COUNTY SUPERIOR COURT JUDGE | (206) 223-1669 Robert S. Lasnik SENIOR UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF WASHINGTON | (206) 370-8810 Ronald Leighton RETIRED UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF WASHINGTON | (253) 328-7837 Diarmuid F. O’Scannlain SENIOR UNITED STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT | (503) 833-5380 Nicole Phelps KING COUNTY SUPERIOR COURT JUDGE | (206) 477-1411 Jim Rogers KING COUNTY SUPERIOR COURT JUDGE | (206) 477-1597 Barbara J. Rothstein SENIOR UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF WASHINGTON | (202) 354-3330 COMMUNITY SERVICE American Jewish Committee Arabian Gulf Institute | WASHINGTON, DC • Board member of organization focused on improving relations between Israel and Arab countries and deepening understanding between Muslims and Jews • Member of delegation to Bahrain and United Arab Emirates in Fall 2022. Met with Cabinet officers, business, and thought leaders American Security Project | WASHINGTON, DC • Board member of bipartisan organization of retired flag officers focusing on national security impact of climate change Lewis & Clark College | PORTLAND, OR • Vice Chair, Board of Trustees • Chair, Law School Board of Visitors Masai Children’s Initiative | MASSAI MARA, KENYA • Founder & Sponsor, 2004-2014 • Established locally administered female literacy project in Maasai tribal communities • Funded construction of primary and boarding schools for 350 Maasai girls • Developed solar powered computer lab with internet connectivity and solar powered well to furnish potable water to school and neighboring villages Mississippi Center for Justice | JACKSON, MS • Board Member • Oversee prosecution of litigation on voting rights, racial and economic justice, fair housing, and reproductive rights • MCJ Represented Curtis Flowers in US Supreme Court and on remand secured dismissal of all charges in remand Naval Historical Foundation | WASHINGTON, DC • Board member of federally chartered nonprofit to preserve and honor legacy of Naval service Tacoma Art Museum | TACOMA, WA • Board member EXHIBIT B SMVLC California Clients As of Sunday, January 22, 2023, Social Media Victims Law Center has 190 clients in California. SMVLC has filed cases for 19 California clients. Breakdown of SMVLC California Clients by Harm (Percentages are of total California clients (190), Harms are self-reported by client) Wrongful Death – 20 cases, 10.53% Severe Depression – 164 cases, 86.32% Attempted Suicide – 89 cases, 46.84% Bullying – 145 cases, 76.32% Self-Harm – 118 cases, 62.11% Exchanged Explicit Photos – 80 cases, 42.11% Suicidal Thoughts – 132 cases, 69.47% Sexual Contact with Person Over 18 – 41 cases, 21.58% Eating Disorders – 112 cases, 58.95% Sex Trafficking – 12 cases, 6.32% Unhealthy Concerns with Body Image – 152 cases, 80.00% Sleep Deprivation – 140 cases, 73.68% Statistics of SMVLC California Wrongful Death Cases • Total Wrongful Death Cases – 20 cases (10.53% of total active California cases) o 40.00% of total wrongful death victims are Female (8 cases) o 60.00% of total wrongful death victims are Male (12 cases) • Suicide Cases excluding Accidental Deaths – 7 cases (3.68% of total active California cases) o 71.43% of these suicide victims are Female (5 cases) SMVLC California Injured Children by Gender o 28.57% of these suicide victims are Male (2 cases) 1 • Accidental Death Cases – 13 cases (6.84% of total active California cases) 0.53% o 23.08% of Accidental Death victims are Female (3 cases) 57 o 76.92% of Accidental Death victims are Male (10 cases) 30.00% All current Accidental Death cases in California are Fentanyl drug overdose deaths. Female Male Breakdown of SMVLC California Clients by Injured Child Gender Unknown • 132 Injured Children are Female (69.47%) • 57 Injured Children are Male (30.00%) • 1 Injured Child SMVLC does not yet know gender (0.53%) 132 69.47% Breakdown of SMVLC California Clients by City (119 CA Cities) SMVLC California Clients by City 14 12 12 10 8 7