About 260 sexual abuse lawsuits were paused when the Catholic Diocese of Santa Rosa filed for bankruptcy in 2023. That has been a frustration for survivors who want the actions of their abusers, and the failings of the powerful institution that obscured the crimes, dragged into the daylight.

Now, it looks like a few of those survivors may have their days in court.

RELATED: Diocese of Oakland seeks to pull plug on bankruptcy, send sex abuse cases back to court

The judge in the bankruptcy, Charles Novack of the Northern District of California, recently put a small set of lawsuits on the path to trial, where they are expected to set a baseline for the diocese’s potential financial liability.

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It’s an important step, those involved say, in pushing insurance companies to enter into a global settlement with the diocese and the dozens of people who say they were harmed by predatory church figures. And it could offer a rare chance for claimants to speak openly of their abuse in a courtroom, and to gather additional information through the legal discovery process.

When cases are “quieted” by bankruptcy, said Dan McNevin, who is on the board of directors of the advocacy group Survivors Network of those Abused by Priests, or SNAP, it means “the public won’t have a clear read on who enabled the abuse, who covered it up and whether those people are still in power and behaving in that fashion.”

When McNevin was molested in the Oakland Diocese, he said, the bishop there told him his abuser, the Rev. James Clark, had no prior record. After he sued, McNevin found out Clark had in fact been convicted of a sex crime before moving into his parish.

“His file was sanitized. There was no record of his probation,” McNevin said. “We got the information by deposing the former chancellor of the diocese. So discovery is really important.”

Little has been revealed publicly about the cases Novack is allowing to proceed.

Should any of the plaintiffs win those lawsuits, it’s likely funds recovered in judgment would be held in trust, said Jennifer Stein, an attorney with Jeff Anderson & Associates, a Los Angeles-based firm that has represented thousands of victims of predatory priests. That money would be distributed later among qualifying survivors.

The Santa Rosa Diocese, which oversees 42 parishes reaching from American Canyon in Napa County to Crescent City near the Oregon border, filed for Chapter 11 bankruptcy in March 2023. Like Catholic dioceses across the U.S., the local jurisdiction said it was facing an existential threat from a massive wave of sex abuse suits.

By that time, the Santa Rosa Diocese had been served with about 160 claims of sexual abuse under a 2019 state law that opened a three-year window for survivors 40 and older to file personal injury cases for past child sex abuse cases.

By August 2023, the diocese had paid out at least $35 million in settlements, dating back to the 1990s, at the onset of a painful worldwide reckoning with sexual abuse by clergy within the Catholic church.

In January 2019, the diocese released a list of 39 of its priests and bishops who committed sexual abuse and misconduct, or had been credibly accused of doing so, between the 1960s and the 2010s.

The efforts of survivors are now moving along two tracks. There is Novack’s courtroom, the setting for one of 17 bankruptcy cases nationwide involving Catholic dioceses, including six in California — Oakland, San Francisco and Sacramento among them. Another 20 dioceses have emerged from bankruptcy since 2005.

And there’s Judicial Council Coordinated Proceeding 5108, or JCCP 5108, which consolidates hundreds of lawsuits against multiple Catholic dioceses in Northern California. That proceeding is being administered in Alameda County Superior Court.

The decision by religious leaders to file for bankruptcy demonstrates the strength of the abuse cases, according to Stein. “They would not be taking such expensive, egregious measures if there weren’t fear of liability,” she said.

Bishop Robert F. Vasa of Santa Rosa, leader of the diocese since 2011, acknowledges the gravity of the threat.

“It’s absolutely no secret that sexual abuse lawsuits, even in the secular world, bring huge judgments in a court of law,” Vasa said. “So there’s no doubt in the case of the church they be equally large if not larger. But it’s beyond our scope to generate the money to pay for those. Regardless of whether it’s a $1 million judgment or a $2 million judgment, we don’t have the resources in a million years is to pay for those.”

Long list of co-defendants

A bankruptcy court exhibit filed in April offers detail on sites connected to the alleged abuse in the Santa Rosa Diocese.

The largest share of complaints, 60 in all, name Hanna Boys Center, the 80-year-old residential school and service campus for at-risk youth that has sought to remake itself with a retooled mission even as new suits piled up alleging long-ago abuse.

But the list of diocesan sites is long and varied.

Camp St. Michael, an outdoor ministry in Mendocino County that ceased operation in 2011, is named in 25 claims. The diocesan cathedral, St. Eugene’s in Santa Rosa, is named in 13. Nine are tied to St. Bernard’s Catholic Church in Eureka, nine to St. Rose of Lima church in Santa Rosa, seven to St. Apollinaris in Napa and six to Cardinal Newman High School in Santa Rosa.

In all, 27 diocese sites are represented.

The exhibit laying out that information pertains to a subset of 207 cases that include co-defendants. The state court is currently weighing a request to allow those suits to proceed against the co-defendants, even if they are paused against the diocese. The church is fighting the effort, arguing that because co-defendants such as Hanna Boys Center and Cardinal Newman are covered by the same insurance policies as the diocese, any legal fees or settlements they end up paying will only further deplete the money potentially available for the wider pool of survivors.

The Santa Rosa Diocese estimates the sexual abuse cases levied against it would average $2 million each in monetary demands — liability that could surpass half a billion dollars if the church were to lose all the cases. In its bankruptcy petition, the diocese reported unidentified assets valued between $10 million and $50 million.

To get a more accurate read on liability, it is common in litigation spanning multiple districts for the court to select one or more cases to proceed to trial. Novack signaled his approval in the bankruptcy, and the diocese worked with a committee of unsecured creditors in the case — made up of sex abuse survivors — to identify a handful of representative cases.

“The committee wanted several cases released for trial to kind of set a benchmark — what are these cases worth in a real trial?” Vasa said. “Just to say to the insurers, ‘If these go to trial, there may be a huge judgment.’”

Insurers called out

Insurance companies are a major player in these bankruptcy proceedings. Some of the other parties believe they are an impediment.

The insurers have been “woefully deficient in fulfilling contractual promises” to pay claims, said attorney Rick Simons, who serves as a liaison for the hundreds of sex abuse cases that make up JCCP 5108, the consolidated civil action.

“They sold these policies in the ’70s, the ’80s, the ’60s, some into the 2000s, for $25,000, $35,000 and $55,000 apiece,” Simons said of the insurers. “Now they owe, nationally, billions and billions of dollars in claims. They don’t care about rules and laws. They just want to keep saying no so they can negotiate a lump sum that’s like 8 cents on the dollar.”

Just over a year ago, the creditors committee petitioned for a two-hour court conference allowing survivors to read personal statements. “This proceeding is likely the only opportunity that Survivors in Santa Rosa will have to seek acknowledgement and justice for the decades of isolation and pain they endured,” the committee argued.

The church supported the motion. At least five insurance companies opposed it — Lloyd’s of London, Pacific Indemnity, Pacific Employers Insurance, Century Indemnity and Westchester Fire Insurance, the latter four all under the umbrella of Pacific. Novack granted the petition over their objections, and survivors were allowed to read statements during a private conference on Feb. 6.

Meanwhile, committee members have joined the diocese and its insurers in several rounds of court-approved mediation. Vasa insists all parties, including the church, are working hard to reach an agreement everyone can live with.

“It’s kind of a dance,” the bishop said. “What is a reasonable number that the committee will accept, so that survivors will see they’ve done their due diligence? We can never compensate for all the harm done. But we can manifest care and concern, and demonstrate that we are not trying to stand in the way of what is just.”

You can reach Phil Barber at 707-521-5263 or [email protected]. On X (Twitter) @Skinny_Post.