U.S. District Judge Saundra Brown Armstrong has ruled that new
hearings must be held in the 30-year-old capital case against Marvin
Pete Walker, Jr., a Santa Clara County resident. Walker, who was
convicted of killing a 15-year-old in a botched armed robbery attempt,
appealed on the basis of ineffective counsel. Judge Armstrong agreed
that he had at least raised doubts sufficient enough to warrant new
inquiries, according to Mercury News. State prosecutors insist Walker
got a fair trial, but Judge Armstrong Posted on Monday, February 8, 2010 at 3:00 pm

The Bar Associate of San Francisco, and over 70 other organizations,
is protesting President Obama's nomination of a Sacramento-area
attorney to the board of Legal Services Corp., an agency responsible
for overseeing federal legal aid programs that subsidize lawyers for
the poor. The protesting bodies say that nominee Sharon Browne has
spent much of her 25-year career working to undermine the very legal
aid programs she could now be overseeing, if the Senate confirms her
nomination. From SFGate's story: Posted on Saturday, February 6, 2010 at 5:03 am

In response to widespread criticism of Carly Fiorina's bizarre new
Senate ad, the campaign has seemed to take a "Duh, that's why we made
it" approach to dealing with the now-viral video that features robotic
sheep and a trippy Darth Vader-esque voice over. According to
spokeswoman Julie Soderlund, who spoke with the LA Times blog
PoiltiCal via email: "... the Democrats are all out there attacking
the video which is both predictable and fine by us since the more
people talk about it, the more people watch Posted on Saturday, February 6, 2010 at 5:03 am

Three children were injured, one critically, in a Fontana dog bite
incident after a pack of five pit bull mixes attacked them. The
Press-Enterprise reports that the children -- Princess Colon, 7,
Hector Perez, 6, Destiny Colon, 5, and a 3-year-old - were on their
way to a park the afternoon of February 1, 2010, with their mother
Josie Arellano, when the dogs attacked them. Destiny suffered critical
injuries and bites while Hector had to get 235 stitches and Princess,
18 stitches to close up the tears and Posted on Tuesday, February 9, 2010 at 3:44 am

Richard Ciancone, 58, was killed in a Huntington Beach car accident
after his motorcycle was struck at a street intersection early morning
on February 7, 2010. According to a news report in The Orange County
Register, the fatal motorcycle accident occurred when Ciancone was
riding his motorcycle west on Heil Avenue near Bradbury Lane. That's
when Nathan Bower, 19, the driver of a 2007 Honda Element heading east
on Heil, apparently attempted to turn left onto Bradbury Lane and
collided with the motorcycle. Posted on Tuesday, February 9, 2010 at 3:44 am

Three children were injured in a Fontana dog bite incident after they
were brutally attacked by a pack of loose pit bull mixes. According to
a news report in The Press-Enterprise, 5-year-old Destiny Colon was
the most seriously injured in the attack, which occurred late
afternoon on February 1, 2010, when Josie Arellano was walking to a
neighborhood park with four of her children -- Princess Colon, 7,
Hector Perez, 6, Destiny, 5, and a 3-year-old. Arellano and the
3-year-old were the only ones uninjured in Posted on Saturday, February 6, 2010 at 6:03 pm

By Steven G. Mehta Recently there has been a lot of controversy over
illegal and legal immigration. Although come to think of it, the
controversy is not new, nor is it unique to the United States. Most
countries have significant controversy over immigration. In addition,
there are very heated feelings about immigration; and then there are
equally heated feelings about the people that oppose such immigration.
All in all immigration is an enduring topic that affects all aspects
of our lives. Many times in Posted on Friday, February 5, 2010 at 3:41 pm

By Steven G. Mehta I saw a fascinating post about negotiations and
chocolate cake in a recent post by Andrea Schneider on the ADR Prof
Blog. I also want to thank Professor Schneider for bringing this issue
to everyone's attention. The post addresses an article in the Wall
Street Journal that studies the role of emotional responses after
information overload. And the truth is - it doesn't take much to cause
rational overload that then creates an emotional response. Here is a
brief excerpt from the Wall Posted on Saturday, January 30, 2010 at 6:31 pm

By Steven G. Mehta In the movie American Pie, there is a character
named Alison who always said the phrase, "one time in band camp…."
Everytime she said the phrase, she would have this whimsical lilt to
her voice. Initially, the main characters ignored her (partially
because of her "annoying" voice), but eventually in the series it
turned out she was a very empathetic person who helped the main
characters in their endeavors. Well it turns out that Alison's
linguistic inflection have been found to Posted on Saturday, January 30, 2010 at 6:31 pm

JANUARY 30, 2010 - A 29-year-old San Jose man was arrested on
suspicion of driving under the influence of alcohol on Saturday after
he lost control of his vehicle and crashed on Interstate 280, killing
a male passenger. The accident happened on the transition from
northbound Meridian Avenue to Interstate Highway 280. The driver, Sean
Betti, lost control of his vehicle and struck a dirt embankment,
causing the vehicle to rollover. A 25-year-old Campbell man was
ejected from the vehicle. He was taken to Posted on Tuesday, February 2, 2010 at 1:55 pm

JANUARY 26, 2010 - A 66-year-old Gilroy woman has filed a lawsuit
against Caltrans and Monterey County for major injuries she suffered
in an accident on January 20, 2009, at the intersection of Highway 101
and San Juan Road, near the Red Barn. Anna Reznik of Gilroy was
driving south on Hwy 101 when she was struck by a Toyota Sequoia
driven by Yong Ae Bowman, 69, who was attempting a turn onto
northbound 101 from San Juan Road. A passenger in Reznik's Toyota
Corolla, Olga Tarcher, 91, died in the Aromas Posted on Wednesday, January 27, 2010 at 4:40 am

JANUARY 6, 2010 - A crash at 7:03 p.m. Tuesday, January 5, in
Watsonville seriously injured two people, including a suspected drunk
driver, the California Highway Patrol Reported. The head-on crash
occurred on Holohan Road, south of Green Valley Road according to the
Contra Costa Times. The accident involved a BMW and a Toyota Camry.
The cause of the Santa Cruz County accident remains under
investigation. According to reports by Mercury News, Savatiel Sanchez
Guttierrez, 23, the driver of the BMW, was Posted on Thursday, January 7, 2010 at 12:41 am

Perry case Law professor Nan Hunter comments on the February 3rd brief
by the ACLU, Lambda Legal, and the National Center for Lesbian Rights.
She says that the brief represents "a different strategy than the one
Boies and Olson have pursued, as it would give "the court a way to
rule for the plaintiffs without invalidating other states' laws" - and
thus a way to lower the risk of U.S. Supreme Court review. The
different strategy has been "a persistent bone of contention, since
the beginning of the case, Posted on Sunday, February 7, 2010 at 7:30 pm

This site's readers know that I seldom express my opinion. I depart
from standard blogging practice because I prefer, as a law librarian,
to provide legal news and commentary on the right to marry, and
related guides to the law and legal literature. I will hazard an
opinion here. I say "hazard," because I will expand on commentary that
already strikes me as completely decisive. John Culhane's has replied
to Heather McDonald's argument against marriage equality in
"Reengineering the Family" (02/01/10 Posted on Sunday, February 7, 2010 at 7:30 pm

Perry case The American Foundation for Equal Rights (AFER) has posted
amicus briefs supporting the plaintiffs, and has issued a press
release. (cross-posted at LGBT POV) The Burbank Leader has a profile
of one of the plaintiff couples - Paul Katami and Jeff Zarrillo. UPI
has an "analysis" of the case. Reflecting on the trial, journalist
Karen Ocamb of LGBT POV characterizes it as "a clash of cultures." She
is preparing an overview of the trial for Frontiers in LA on February
9th. Law professors Courtney G. Posted on Sunday, February 7, 2010 at 7:30 pm

By Harley Bjelland One of the big audit issues raised by the U.S.
Department of Labor (the "DOL") in audits of 401(k) plans has been how
quickly an employer transfers amounts withheld from an employee's
paychecks as an elective deferral to the plan's trustee. The DOL has
regulations that require amounts withheld to be deposited with the
trustee for the 401(k) plan as soon as is practical, but in no event
later than 15 days. Many employers think this rule permits them
fifteen 15 days. The DOL has a different Posted on Wednesday, February 3, 2010 at 5:02 pm

By Jennifer D. Barrera A recent opinion from the Fourth Appellate
District Court of Appeal emphasized that employers cannot by agreement
limit the time period in which an employee can file a lawsuit for wage
and hour issues. The opinion also exemplifies the difficulty
associated with satisfying the requirements of the administrative
exemption. In Pellegrino v. Robert Half International, Inc., six
former employees of a temporary staffing company sued their employer
under Business and Professions Code section Posted on Wednesday, February 3, 2010 at 5:02 pm

Carlton DiSante & Freudenberger LLP is pleased to announce the
expansion of the firm's immigration practice group with the addition
of Suzanne G. Brummett to the firm's San Diego and Orange County
offices. Ms. Brummett brings over 15 years of experience in
immigration law to the practice group. She handles all aspects of
employment based immigration matters for corporate clients of all
sizes as well as for individuals. Ms. Brummett also is a published
author of immigration related articles. She is Posted on Friday, January 22, 2010 at 4:32 am

Most felonies could be charged as lesser offenses. In other words, the
lesser offenses are a part of the felony because they include the same
elements. Typically, the jury must be instructed on the lesser
included offense. For example, the crime of felony assault includes
the lesser offense of simple assault. Simple assault requires that the
prosecution prove the following elements: The defendant willfully
attempted to inflict injury upon another, or the defendant willfully
attempted to threaten to inflict Posted on Tuesday, February 9, 2010 at 4:43 am

In the recent case of People v. Santos Dominguez (2010) 2010 WL 60237
(hereafter Dominguez), the California Court of Appeal held that the
amount of force required for false imprisonment of an unresisting
infant or child is the amount of physical force required to take and
carry the child away a substantial distance for an illegal purpose or
with an illegal intent. The court also clarified what constitutes
"violence, menace, fraud or deceit" for felony false imprisonment. In
Dominguez, the defendant lived in Posted on Tuesday, February 9, 2010 at 4:43 am

Anyone who has been charged with battery, under California Penal Code
section 242, should be prepared to retain an experienced criminal
defense law firm to represent him or her in court. An experienced
criminal defense attorney will know how to examine all the
circumstances surrounding a criminal battery case to secure the most
favorable disposition of this criminal matter for the client. Battery
is commonly defined as willful use of force or violence directed at
another person. Any physical touching can be Posted on Tuesday, February 9, 2010 at 4:43 am

Well the TV series American Chopper is suddenly coming to an end; the
last show is this Thursday at 9:00pm EST on the Learning Channel. Many
of you may have read the article I wrote about the Teutul family
lawsuit here. I became aware of the fact that the show was ending when
I saw a commercial on TLC announcing that the very last show would be
this Thursday. I thought it was kind of odd that Paul Jr. was the one
announcing the end of the show on the commercial since he was fired by
his dad, (see below) and Posted on Tuesday, February 9, 2010 at 12:20 am

Motorcyclists are among the most vulnerable motorist on the road. A
motorcyclist who is involved in a collision with a four wheeled motor
vehicle such as a car, pickup truck, etc., it at a severe
disadvantage. Often times motorcycle accidents result in the death or
disability of the motorcyclist. It is not hard to lose a limb,
seriously damage internal organs, or to become paralyzed in a
motorcycle crash if you are not careful. Therefore unlike with other
motor vehicles, bikers and motorcyclist must adhere Posted on Wednesday, February 3, 2010 at 11:39 pm

Many of our registered users have been seeing spam comments coming
from various vendors such as Ugg Boots, Term Papers, etc. The spam
comments read something like "I enjoyed this post," while putting in a
link to their website to increase their incoming links to better their
search engine rankings or so they think. The Biker Law Blog runs on a
B2evolution engine that has robust anti-spam and security measures to
ensure that this kind of crap does not go on. In the past I have had
to implement moderation of Posted on Monday, January 25, 2010 at 1:30 pm

A recent column in the San Fransisco Chronicle begins, "The biggest
open secret in the landmark trial over same-sex marriage being heard
in San Francisco is that the federal judge who will decide the case,
Chief U.S. District Judge Vaughn Walker, is himself gay." [Hat Tip:
ATL] As the column indicates, Prop. 8's proponents (smartly) have not
objected to Judge Walker on the basis of his orientation. There's been
no indication of any bias in this trial, and I don't think that a
judge's impartiality can be Posted on Monday, February 8, 2010 at 11:57 pm

Rob banks. From the New York Times: Shon R. Hopwood was not a
particularly sophisticated bank robber. "We would walk into a bank
with firearms, tell people to get down, take the money and run," he
said the other day, recalling five robberies in rural Nebraska in 1997
and 1998 that yielded some $200,000 and more than a decade in federal
prison. Mr. Hopwood spent much of that time in the prison law library,
and it turned out he was better at understanding the law than breaking
it. He transformed himself into Posted on Monday, February 8, 2010 at 11:57 pm

This morning, the Berkeley Daily Planet published an op-ed written by
the heads of Berkeley's chapter of the National Lawyers Guild
discussing the recent findings by Obama's Justice Department on John
Yoo and Jay Bybee. I found this section of the op-ed to be the most
compelling, as it spells out further action that could be taken
against Yoo and Bybee: Despite its revised conclusion, the OPR report,
at least based on what has been leaked, still seems to provide
considerable evidence to support Posted on Saturday, February 6, 2010 at 2:10 pm

Two light rail passengers were injured in a San Diego trolley accident
as their trolley slammed into a postal vehicle at Park Boulevard and G
Street in East Village in San Diego. This auto vs. train accident took
place around 11:30 a.m. on February 3, 2010. Though no one lost their
life, two passengers, a 40-year old man who uses wheelchairs and a
woman in her 40s, were taken to Scripps Mercy Hospital and Kaiser
Hospital, respectively. The man was treated for major trauma and the
woman sustained minor Posted on Saturday, February 6, 2010 at 10:51 pm

A 15-year old Vista boy was killed by a hit and run driver in a tragic
Vista car accident while he was skateboarding on Thibodo Road east of
Edna Way. The teenager, identified as Lucas Giaconelli, was a freshman
at Rancho Buena Vista High School. This tragic accident happened on
Friday, January 29, 2010, around 7 p.m., when Lucas was struck from
behind by a high-speed 1990 Toyota Camry while he was skateboarding
with his friends. Lucas was knocked down to the street and was taken
to an Escondido hospital Posted on Thursday, February 4, 2010 at 11:27 am

A 15-year old Vista boy was killed by a hit and run driver in a tragic
Vista car accident while he was skateboarding on Thibodo Road east of
Edna Way. The teenager, identified as Lucas Giaconelli, was a freshman
at Rancho Buena Vista High School. This tragic accident happened on
Friday, January 29,2010, around 7 p.m., when Lucas was struck from
behind by a high-speed 1990 Toyota Camry while he was skateboarding
with his friends. Lucas was knocked down to the street and was taken
to an Escondido hospital Posted on Thursday, February 4, 2010 at 11:27 am

A drop in the number of million-dollar plus homes sold in California
has marked its fourth consecutive year (2009) on the downslide.
Hillsborough ranked the highest with the most expensive home selling
at $8 mil, with Menlo Park a close second. To follow were Cupertino,
Los Altos and Saratoga, while Palo Alto, Fremont and Los Gatos were
the next grouping on the list with Los Gatos' top seller peaking at
$4.25 million. California communities where almost all sales of homes
were in the million-dollar category Posted on Monday, February 8, 2010 at 6:08 pm

If you live in San Jose and have ever taken a ride in an elevator,
shopped at a department store, or possibly been placed on hold, you no
doubt have had the dubious honor of being privy to the sounds of
background music programming. Now, what San Jose residents may not
know is that some entity programs those stellar music selections.
Enter Muzak Holdings. Approximately one year ago Muzak Holdings filed
for Chapter 11 protection in Delaware. Today, Muzak Holdings has
emerged from Chapter 11 reorganization Posted on Monday, February 8, 2010 at 6:08 pm

BlueHippo Funding LLC which markets computers to consumers with low
credit scores, filed for Chapter 11 federal bankruptcy protection. The
firm was driven to file for bankruptcy protection when its bank
accounts were frozen due to contempt charges filed by the Federal
Trade Commission. The FTC has accused BlueHippo of violating a
settlement agreement filed in April of 2008. Pursuant to that
agreement, BlueHippo was barred from collecting payments from its
customers without delivering the product the Posted on Saturday, February 6, 2010 at 8:22 am

As Upland consumer bankruptcy lawyers, we were pleased to see a recent
article on the importance of timing a bankruptcy. The Kalamazoo
Gazette reported Jan. 16 that experts, including individual bankruptcy
attorneys like us, suggest that people headed for bankruptcy consider
filing early, before their financial problems are overwhelming. This
is how most people handle it, the article said, because most people do
everything they can to avoid a bankruptcy in the first place. But if
the bankruptcy seems Posted on Friday, February 5, 2010 at 6:15 am

Our San Bernardino County loan modification attorneys have long
believed that lenders' policies are primarily responsible for their
success or failure in the federal loan-modification program. A Feb. 2
post on AOL's DailyFinance blog adds evidence to that belief by
profiling practices at Ocwen Financial. Ocwen has attracted media
attention because unlike the larger lenders, it's got a strong record
in the Home Affordable Modification Program. Where Bank of America had
converted fewer than 2% of its trial Posted on Friday, February 5, 2010 at 6:15 am

Part of our job as Riverside personal bankruptcy attorneys is to
explain the ripple effects that our services can provide. At this time
of year in particular, that means explaining the tax implications of a
bankruptcy, loan modification or other major financial move. As a New
York Times blog post set forth Jan. 29, taxes may look substantially
different this year for people who underwent major financial changes
in 2009. For many of our clients, this includes cashing out
investments, having debt forgiven or Posted on Friday, February 5, 2010 at 6:15 am

Los Angeles, CA - Designer Christian Audigier's Nervous Tattoo, Inc.
is being sued by Marc Jacobs' company for trade dress and trademark
infringement over purse designs. Marc Jacobs designs apparel and
accessories, including purses, and has a pending application for its
random "Marc Jacobs" scrambled trademark. Marc Jacobs has applied the
scrambled trademark to the inside lining of the "Marc Jacobs Pretty
Nylon" tote bag. And the tote bag's "size, shape, color or color
combinations, product design, texture, Posted on Tuesday, February 9, 2010 at 9:56 am

New York -- Major League Baseball Properties sued the Upper Deck
Company for trademark infringement, trademark dilution, unfair
competition, and breach of contract because Upper Deck continues to
print baseball trading cards after its license was terminated. A copy
of the complaint is available here. MLBP pulls no punches and
extensively refers to the recent Court ruling that Upper Deck
counterfeited hundreds of thousands of Yu-Gi-Oh! trading cards, its
agreement to a multi-million dollar settlement and Posted on Thursday, February 4, 2010 at 10:06 am

During Super Bowl week, the NFL is usually busy cracking down on
church congregations showing the game in violation of the league's
copyrights. After not caring about the New Orleans Saints for over the
last forty years (aka, the "Ain'ts" years), the NFL thought it would
be a good public relations boost to send numerous cease and desist
letters to merchants that were selling "Who Dat?" t-shirts and
memorabilia. Who Dat? Who Dat trying to jump on Da Who Dat bandwagon?
After local merchants complained, it Posted on Monday, February 1, 2010 at 10:57 am

Man offers to pay for someone to marry ex-wife Imagine sitting at your
computer and you are browsing the classified ads on Craiglist and
suddenly you come across the following ad: Nice well taken care of
ex-wife. Mid 40's. Pretty and loyal. Never smoked and very little
drinking. Will make someone a good companion (I know).... Will pay 10K
to the man or woman who marries her in a way that stops me from having
to pay her alimony. There's the hitch. The man, trying to end his
alimony payments to his ex-wife, Posted on Wednesday, March 11, 2009 at 10:30 am

Eight key questions to ask your mate -- and yourself There is
something exhilarating about taking the big leap from dating to
becoming a permanent "item" and making that final commitment. But
before you run off into the sunset with your mate, make sure that the
time you choose to commit is the right time -- and with the right
person. As a divorce attorney, I have found over the years that most
couples who wind up splitting do so because there are discrepancies or
control issues over what I term the "Big Posted on Wednesday, February 25, 2009 at 10:02 am

Approximately half of all people who get married will end up getting
divorced. A divorce can be a stressful and traumatic experience for
men, women, children and for members of the extended family who are
also impacted by the break up of a marriage. Having the right attorney
can alleviate some of the emotional sting and reduce some of the
stress which are integral parts of the divorce process. Conversely,
having the wrong kind of legal representation, can make an already
painful experience significantly Posted on Friday, February 13, 2009 at 3:04 pm

An academic executive who was a key figure in developing UC San
Francisco's first-ever strategic plan is scheduled to become the
newest member of the board of directors of the $3 billion California
stem cell agency. He is A. Eugene Washington, who became dean of the
UCLA School of Medicine this month. Prior to assuming the job, he was
executive vice chancellor, provost and professor of Posted on Tuesday, February 9, 2010 at 6:53 am

SAN FRANCISCO - Directors of the California stem cell agency today
heard some good financial news - $55 million worth - that will keep
them out woods through the summer of 2011.John Robson, CIRM's vice
president for operations, reported that the agency has enough cash on
hand to pay for its grants and operations into the first quarter of
the 2010-11 fiscal year. Previously, he had predicted Posted on Saturday, February 6, 2010 at 9:12 pm

Another negative newspaper editorial popped up this week concerning
the California stem cell agency. The piece called for more
accountability and openness on the part of $3 billion research effort.
And, the editorial said, if the agency goes to court to fight reforms,
lawmakers should place the proposals on a statewide ballot.The article
in the Riverside Press Enterprise cited recommendations Posted on Saturday, February 6, 2010 at 9:12 pm

A suspected Los Angeles DUI driver was arrested after crashing his van
into an police patrol car on Friday. The suspected South Los Angeles
DUI driver was also arrested for hit-and-run after immediately fleeing
the scene after the crash. Just before midnight, the CHP received a
report that a possible DUI driver had crashed his vehicle [...] Posted on Sunday, February 7, 2010 at 11:32 pm

partner marketing Brittany Schuetz knew of but ignored the dangers of
DUI. That is what the prosecutor told jurors today during opening
statements in the DUI murder trial of suspected DUI driver Brittany
Schuetz. Orange County District Attorney Susan Price told jurors that
21-year-old Brittany Schuetz knew of the dangers of DUI and ignored
all the warnings and [...] Posted on Friday, February 5, 2010 at 1:03 pm

guidelinesinformation partner A man was robbed and stabbed in an
Oxnard Park on Thursday night. The Oxnard park robbery and stabbing
occurred as the man was walking through Durley Park located in the 800
block of Cedar Court. According to Oxnard police, the 40-year-old man
was walking southbound through Durley Park when he was confronted by
the Oxnard [...] Posted on Tuesday, February 2, 2010 at 8:44 pm

Costa Mesa, Orange County - The Orange County Register reports that
Costa Mesa Police have served search warrants at the West Coast
Wellness Center medical marijuana dispensary. The dispensary is
located on the 1200 block of Logan Avenue . Three employees, ranging
in age from 23 to 49 were booked on charges of illegally selling
marijuana. A female customer was also cited for drug possession.
California voters approved Proposition 215 in 1996, allowing qualified
patients to use marijuana for its medicinal Posted on Monday, February 8, 2010 at 1:21 am

NEWPORT BEACH, Orange County - A Newport Beach woman, Bethany Jane
Brady, who was working as an account for a Newport Beach salon for13
years, was charged with grand theft and embezzlement for stealing more
than $250,000 from the employer. Brady had been using funds from the
salon's account for her personal use for the past three years. Brady
was convicted of grand theft, embezzlement and identity theft. Brady
was sentenced to two years in state prison for felony theft crime of
embezzling more than $250,000 Posted on Monday, February 8, 2010 at 1:21 am

Anaheim, Orange County - Ms. Christina Esquival alleges that a man
groped her breast while at California's Disney Adventure Park. The
alleged incident occurred on the Tower of Terror ride with her
daughter when the lights went out, as they always do just before the
ride makes an adrenaline-pumping, 13-story drop. After the ride, Ms.
Esquival took her own photograph of the suspect on the souvenir photo
screen and is asking for help in identifying him. Under California
Law, sex crimes are extremely serious Posted on Friday, February 5, 2010 at 2:57 pm

On February 1, 2010, two married owners and operators of CHH Medical
Supply, a Los Angeles-area durable medical equipment (DME) company,
were sentenced to prison today in connection with billing fraud
relating to "power wheelchairs." This sentence came after they were
convicted in a federal court jury trial in July 2009. In Los Angeles,
there are numerous current investigations relating to DME fraud and
many more indictments and prosecutions are predicted. Gevork
Kartashyan and Eliza Shubaralyan, husband Posted on Sunday, February 7, 2010 at 8:04 pm

The L.A. Times' articles about the Medical Board never look at the
real issues behind the Board but focus on the sensational. This seems
to be much ado about nothing - but it does violate their internal
guidelines. California Medical Board admits allowing troubled doctor
to monitor another - latimes.com The reality is that the Board is
getting so tough on physicians that a much higher percentage of them
will have disciplinary problems in their career . . . Of course we
want physicians with real problems Posted on Friday, February 5, 2010 at 9:22 am

On January 20, 2010, a doctor and his office manager were arrested and
charged with billing government health care insurance programs for
physician services, including office visits and tests, that were not
provided as billed. They are also charged with prescribing medicine
without a legitimate medical purpose. On January 12, 2010, a federal
grand jury in Columbus indicted Dr. Charles C. Njoku and his office
manager or clinical supervisor, Veronica Scott-Guiler. The indictment
was unsealed at the time of Posted on Tuesday, February 2, 2010 at 3:43 pm

Located within driving distance to Richmond, Berkeley and El Sobrante,
El Cerrito is a city in Contra Costa County and has a population of
23,171 people. The name of the city in Spanish literally means "little
hill" and was founded by refugees after the 1906 San Francisco
earthquake. El Cerrito's largest shopping center is the El Cerrito
Plaza, which has a variety of different shops and restaurants.
Nation's Giant Hamburgers is actually headquartered in El Cerrito. The
area is serviced by local buses and Posted on Wednesday, January 27, 2010 at 1:08 am

Positioned on the San Francisco Peninsula, Millbrae is a city of
20,718 people. It is located near San Francisco, Burlingame and the
San Francisco International Airport. It's part of San Mateo County and
was first developed by Darius Ogden Mills. There is a wetland area in
Millbrae that houses the endangered species San Francisco garter
snake. The area is serviced by Highways 101 and 280, BART, SamTrans
and Caltrain. A SamTrans bus driver, Sharon Tebo-Davis, was arrested
on January 12, 2010 on suspicion of Posted on Wednesday, January 27, 2010 at 1:08 am

Pinole is part of Contra Costa County and is home to about 20,000
residents. It is considered to be a bedroom community of the
surrounding large cities, like San Francisco, Oakland and San Jose.
The city was incorporated in 1903 and quickly expanded when the
Southern Pacific Railroad was built. Some notable residents from
Pinole are Billie Joe Armstrong and Mike Dirnt from the band Green Day
and Gino Torretta, a Heisman Trophy winner. Pinole offers its
residents enjoyment of East Bay Improv and the Pinole Posted on Wednesday, January 27, 2010 at 1:08 am

A 28-year-old San Diego man was killed in a fatal San Diego County
motorcycle accident on State Route 78 just east of Pine Hills Road in
Julian. The deceased, identified as Carl Davis Jr., was riding a 2007
CVR 600 motorcycle when he was hit in a head-on collision. He died at
the scene. This serious traffic accident happened on Saturday, January
30, 2010 around 12:30 p.m. According to California Highway Patrol
Officer Brian Pennings, Carl was eastbound on Pine Hills road when he
suddenly crossed the double Posted on Thursday, February 4, 2010 at 11:48 pm

The body of a little girl, faced down in the mud, was found in the
Tijuana River Valley around 10.a.m. on Sunday, January 31,2010. It was
spotted near a park at the west end of Monument Road in San Diego
County. The body, spotted by Pio Cruz--a volunteer with the Desert
Angels--might belong to the 5- year old girl who was swept away in a
San Diego County auto accident near the Tijuana River's raging waters
on January 20, 2010. The car accident led to the death of a mother and
her eldest daughter, while two Posted on Thursday, February 4, 2010 at 11:48 pm

A man suspected of killing a Banning pedestrian in a Riverside County
hit and run auto accident was located, detained, and interviewed at
the Banning Police Department on February 2, 2010. This fatal
Riverside pedestrian accident took place in front of 4500 Ramsey
Street in Banning, on January 30, 2010, resulting in the death of
17-year old Cody Rodenbucher. The suspect, 28-year old Sachin Bhakta
from Banning, was taken into custody at the Holiday Inn Express on
Ramsey Street after Banning police conducted Posted on Thursday, February 4, 2010 at 11:48 pm

The following blog entry is written from a defendant's position after
a jury verdict for plaintiff. Reviewing this kind of briefing should
help potential plaintiffs and clients better understand how parties in
personal injury cases present such issues to the court. (Please note:
the names and locations of all parties have been changed to protect
the confidentiality of the participants in this bus accident/brain
injury case and its proceedings.) Steve Black, an eyewitness to the
accident, testified that Posted on Tuesday, February 9, 2010 at 8:14 am

The recent troubles facing Toyota automobiles in North America affect
not only the owners of its vehicles, but also those of us sharing the
roadways with the defective and potentially dangerous cars. Toyota
dealers resumed selling vehicles Thursday that were pulled from the
sales lot to address sudden-acceleration problems as the automaker
said lost sales and a series of related recalls would cost $2 billion.
That recall price tag would be one of the most expensive in automotive
history, said auto Posted on Saturday, February 6, 2010 at 10:36 pm

The following blog entry is written from a defendant's position after
a jury verdict for plaintiff. Reviewing this kind of briefing should
help potential plaintiffs and clients better understand how parties in
personal injury cases present such issues to the court. (Please note:
the names and locations of all parties have been changed to protect
the confidentiality of the participants in this bus accident/brain
injury case and its proceedings.) The court erred in removing the
issue of comparative negligence Posted on Saturday, February 6, 2010 at 10:36 pm

Banning, CA is located in Southern California's Riverside County. With
a population of nearly 30,000, Banning is also located along one of So
Cal's busiest freeways, the 10. Accidents that occur on CA highways
and freeways may involve cars, trucks of all sizes, SUV's, buses, and
motorcycles. Highway accidents may be due to high speeds, driver
error, dangerous or defectives roads, road debris, or vehicle defect.
Heavy traffic and high speeds can make for a deadly combination, and
freeway crashes in and Posted on Friday, January 29, 2010 at 5:58 pm

Motorcycle crashes can happen on Southern California highways,
intersections, local roads, or even off-road. When accidents occur
involving bikers, they may be the fault of drivers of other, often
larger, vehicles. If a motorcyclist is involved in a crash with a
truck, such as a big rig or pickup, the bike rider can sustain serious
injuries like paralysis or brain damage, or, in worse circumstances,
be killed. Wrecks that occur on CA highways are usually high-speed and
can also lead to critical injury or Posted on Tuesday, January 26, 2010 at 2:08 pm

Dog bites and dog attacks can leave permanent scars, both physically
and emotionally. In the most serious attacks, victims can be killed.
Pit bull bites and attacks are frequently reported, but any type of
dog can injure a human, including Rottweilers, German Shepherds,
Mastiffs, and more. If you have been hurt by a dog bite or attack in
Apple Valley, call 1-800-ALAWPRO for a free legal consultation today.
A 3-year-old boy was killed by his family's pit bull in Apple Valley.
The child died at the hospital Posted on Tuesday, January 26, 2010 at 2:08 pm

In San Diego County there were approximately 260 inmates convicted of
nonviolent crimes that were released from jails around the San Diego
County now that a new state law that is in effect. A bill that was
signed to reduce the state prison population as part of last year's
budget which will decrease an inmate's amount of time served by about
half. This new rule will be retroactive and the inmate will be
credited for time already served. Jail inmates convicted of San Diego
violent crimes or crimes relating Posted on Friday, February 5, 2010 at 1:29 am

A man charged with 20 counts of robbery known as the "Backroom
Bandit," was sentenced to 14 years in state prison for robbing
businesses across San Diego County. Dragon Jones, 41, came across the
border to look for work to support his family after his restaurant in
Tijuana failed, but was not successful which resulted in him turning
to San Diego crime. "Things got very difficult for him financially,"
according to Jones' criminal defense attorney who argued for an eight
year prison sentence, but was Posted on Saturday, January 30, 2010 at 12:49 am

In Santee there were eight people arrested on Thursday on suspicion of
burglary in connection with a 20 home crime spree, according to a San
Diego County sheriff's sergeant. The young adults who were 21 and
under were taken into custody on charges of suspicion of burglary,
possession of stolen property, conspiracy, possession of drug
paraphernalia and possession of controlled substances for sale. All of
the suspected San Diego criminals live in or near the area where the
burglaries took place. Since June Posted on Saturday, January 30, 2010 at 12:49 am

According to the Washington Post, data from the Federal Housing
Administration (FHA) foreshadows a wave of foreclosures that have yet
to hit the housing market. The FHA's default rate, which measures the
percentage of FHA borrowers who have missed at least three payments,
jumped to 9.1 percent in December. The rate in December 2008 was a
third less, 6.5%. The high rate of defaults reflects loans made in
2007 and 2008 that are just now beginning to go south. Many of these
were subprime loans with adjustable Posted on Sunday, February 7, 2010 at 10:13 pm

The figures from 2009 have been calculated, and as expected
foreclosures in California were high in 2009, especially in the
Central Valley. However, the real bad news is that a number of factors
are conspiring to keep foreclosures high into 2010. Of all U.S.
cities, Merced had the third highest foreclosure rate in 2009 with
10.1 percent of households receiving a filing. Stockton came in fifth
at 8.62 percent and Modesto sixth at 8.53 percent. The highest rate in
the country was Las Vegas, which saw 12 Posted on Sunday, February 7, 2010 at 10:13 pm

Two more properties are being returned to the bank because the owners
cannot afford mortgage payments. While that statement is altogether
ordinary, especially with the dismal housing market over the last two
years, what is remarkable is what two properties were returned. Two
massive apartment complexes on prime Manhattan real estate were
returned to creditors by a partnership led by Tishman Speyer
Properties and BlackRock Realty. The two major real estate investors
financed and purchased Stuyvesant Town and Posted on Sunday, February 7, 2010 at 10:13 pm

A controversial new study released recently by the Highway Loss Data
Institute, HLDI disputes the findings that new state laws banning cell
phone use and text messaging while driving actually decrease car
crashes. Of course, actual collisions and deaths due to cell phone use
speak otherwise as noted in this California auto accident lawyer
discussions. As you might imagine, many lawmakers and organizations
that promote no cell phone use while driving are disturbed at the
message these new findings might Posted on Saturday, February 6, 2010 at 2:15 pm

According to a new report from the California Senate Office and
Oversight Outcomes, there are some serious flaws in the way the state
of California detects and monitors the elder abuse cases that is
overseas. In Orange County alone, the elder abuse cases have tripled
since 1994. Elder abuse can be any violation against the elderly that
is physical, verbal, emotional, or economic. California's aging
population is expected to have explosive growth in the next twenty
years and California must do a better job Posted on Friday, January 22, 2010 at 8:30 am

Bicyclists from around the world were awaiting the sentencing of Dr.
Christopher Thompson today for the road rage incident that happened in
July 2008. After many letters and emails to the judge, he ultimately
sentenced Dr. Thompson to 5 years in prison for the assault on the two
cyclists, sending a strong message that cars and bicyclist must share
the roads in a civilized manner. The accident occurred on Mandeville
Canyon Road in Los Angeles. Scenic roads are famous for bicycle lovers
for their good work Posted on Friday, January 22, 2010 at 8:30 am

I know, I've been remiss in my blogging. Blame it on Jennifer Shaw's
new baby. She can't read yet. So, the Court of Appeal in Dotson v.
Amgen (opinion here) held that Amgen's arbitration agreement was
lawful. Specifically, a limitation of one deposition per side unless
the arbitrator ordered more based on need was lawful. The Court also
noted that a provision reserving all interpretation issues to the
arbitrator save unconscionability was ok. The Court also held that a
provision permitting appellate review Posted on Sunday, February 7, 2010 at 12:38 am

As some of you know, Jennifer Shaw is my partner, chief rainmaker, and
employment lawyer extraordinaire, over here at Shaw Valenza. As a
partner, she is not entitled to Pregnancy Disability Leave under
California law. You can read about that in this article I recently
wrote for the SF Daily Journal, here. Of course, this is just my
sneaky way of announcing the arrival of Baby Shaw, female, on January
21. "What's New in Employment Law?" you ask? "Jennifer's baby," I
reply. See what I did there? Huh? Please Posted on Friday, January 22, 2010 at 7:45 pm

Did you know that the 2010 Defense Appropriations Bill is actually an
employment law bill? Well, when Congress keeps passing laws over with
100's of pages of text, you're going to see some hidden gems in there.
So, the 2010 Defense Appropriations Act, which was H.R. 3326, appears
to make the first cut of the 1000 that eventually will end arbitration
of individual employment claims. The new law applies only to defense
contractors that receive more than $1,000,000 under the Defense Dept.
Appropriations Act. Posted on Monday, January 11, 2010 at 1:26 am

An alien who is inadmissible under section 212(a)(9)(C)(i) of the >
Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i) (2006),
is > ineligible for adjustment of status under section 245(i) of
the Act, 8 U.S.C. > § 1255(i) (2006). Matter of Briones, 24
I&N Dec.355 (BIA 2007), reaffirmed. Posted on Monday, February 8, 2010 at 11:46 am

(1) An alien does not receive an automatic 1-year extension in which
to > file an asylum application following "changed circumstances"
under > section 208(a)(2)(D) of the Immigration and Nationality
Act, 8 U.S.C. § > 1158(a)(2)(D) (2006). > (2) Under 8 C.F.R. §
1208.4(a)(4)(ii) (2010), the particular circumstances > related to
delays in filing an asylum application must be evaluated [...] Posted on Monday, February 8, 2010 at 11:46 am

An alien who is inadmissible under section 212(a)(9)(C)(i) of the >
Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i) (2006),
is > ineligible for adjustment of status under section 245(i) of
the Act, 8 U.S.C. > § 1255(i) (2006). Matter of Briones, 24
I&N Dec.355 (BIA 2007), reaffirmed. Posted on Monday, February 8, 2010 at 11:46 am

Overradiation from CT scans and other medical treatments can cause
serious even life threatening personal injuries to patients and injury
victims. Recent reports of radiation treatments gone wrong and
patients suffering serious injuries as a result have caused many
consumer groups to call for new rules and even legislation regulating
such treatments and devices. But now the leading medical organization
concerning radiation has made its position clear. According to the New
York Times, the American Society Posted on Sunday, February 7, 2010 at 5:51 pm

You may recall that we first addressed decriminalization of medical
marijuana here at legal blog back in May (Smoke 'em If You Got
'em…). Since then, marijuana dispensaries in San Francisco for
injury victims and other patients with a prescription or
"recommendation" for the herb have sprouted up all over town. And San
Francisco is not alone - San Jose and San Diego have more than you can
shake a Thai-stick at. And in Los Angeles it has been rumored that
there are more pot dispensaries than Starbucks. Posted on Friday, February 5, 2010 at 7:03 am

You're a personal injury victim, maybe here in San Francisco, or the
Bay Area, or wherever. Here is how it happened: let's say you were
sitting at a red light, waiting for it to turn green, and you're hit
from behind, hard, real hard. Some guy in a delivery truck or maybe
even a Prius and his brakes didn't work was messing with his iPhone
when he should have been driving and now you are in the hurt-locker.
You spend several days in the hospital, have back surgery, end up
going through a ton a different Posted on Friday, February 5, 2010 at 7:03 am

The rain has returned to the city of Los Angeles and with it has come
an increase in the amount of car accidents on local freeways like the
210. Hazardous road conditions mixed with reckless driving usually
results in multiple Los Angeles car accidents. All it takes is one
careless act of speeding in the dangerous weather to cause a serious
car wreck. When it rains Los Angeles drivers should be extra cautious
as they travel on local streets and crowded freeways. Los Angeles car
accidents account for Posted on Monday, February 8, 2010 at 4:50 am

On Monday February 1, 2010 three young children suffered major
injuries after a pack of dogs attacked a family of 4 who were walking
along train tracks. A 5 year old little girl is in critical condition
after the group of dogs attacked her and her two siblings. The dog
pack escaped from a close by yard after digging a whole under the
fence. The latest report on the little girl states that she is unable
to breathe on her own. She suffered catastrophic injuries as the
result of numerous dog bites; injuries Posted on Friday, February 5, 2010 at 6:35 pm

In recent news Toyota is considering the recall of certain Prius
models due to an anti lock brake malfunction. This recall would be the
next in a series of recalls that has cost Toyota an estimated 5
million dollars or more. The Toyota Motor Corp. is in the process of
fixing several glitches that have been found with the anti lock break
system in the Prius model. The fact that Toyota has found problems
with this brake system and has yet to make a decision about the recall
is a bit alarming. How many Los Posted on Friday, February 5, 2010 at 6:35 pm

In her new guide for corporate management, Enterprise Security for the
Executive: Setting the Tone From The Top, Jennifer Bayuk, former head
of information security for Bear Stearns, contends that assaults on
corporate security over the Internet continue to put valuable
corporate assets at risk, and offers guidance for measuring, [...] Posted on Monday, February 8, 2010 at 2:41 pm

A Chicago teenager suddenly finds herself embroiled in a trademark
dispute with McDonald's Corp. over her use of the name McFest for an
annual charity concert featuring high school and college bands.
Although the concert, which raises money for the Special Olympics, has
been promoted under the McFest name since 2007, and the teen's surname
[...] Posted on Monday, February 8, 2010 at 2:41 pm

A Chinese court found no wrongdoing by Baidu in a copyright
infringement case launched against the largest search engine in China
some two years ago by Universal Music, Sony BMG Music Entertainment
Hong Kong and Warner Music Hong Kong. The Beijing court ruled that the
search engine had not broken the law [...] Posted on Monday, February 8, 2010 at 2:41 pm

The California Supreme Court held its (usually) weekly conference
today. Notable results include: A Petition for Review was denied in
Princess Cruise Lines, Ltd. v. Superior Court (November 10, 2009)
(reliance as an element of certain UCL cases) - discussed on this blog
here A Request for Depublication was denied in Nazir v. United
Airlines, Inc. (October 9, 2009) (abusive practices in summary
judgment motions) - discussed on this blog here Posted on Thursday, February 4, 2010 at 6:58 pm

The Higher Education Act (HEA) was passed "to keep the college door
open to all students of ability, regardless of socioeconomic
background." Rowe v. Educ. Credit Mgmt. Corp., 559 F.3d 1028, 1030
(9th Cir. 2009). Congress also Congress established the Federal Family
Education Loan Program (FFELP), a system of loan guarantees meant to
encourage lenders to loan money to students and their parents on
favorable terms. See 20 U.S.C. §§ 1071-1087-4; Rowe, 559 F.3d at
1030. In Chae, et al. v. SLM Corporation, dba Posted on Friday, January 29, 2010 at 4:05 pm

The Seventh Division of the Second Appellate District has been lucky
(or unlucky - I don't know what they think about it) to draw a number
of major class-related appeals in the past several year. Today, they
add another to their growing list. In Arce v. Kaiser Foundation Health
Plan, Inc. (January 27, 2010) the Court of Appeal (Second Appellate
District, Division Seven) reviewed a trial court order sustaining a
demurrer without leave to amend to a claim arising under the UCL. The
plaintiff alleged that Posted on Friday, January 29, 2010 at 4:05 pm

(Please note: the names and locations of all parties have been changed
to protect the confidentiality of the participants in this employment
discrimination/personal injury case and its proceedings.)
Unfortunately for Kaiser's defense, there is no policy against, or
harm caused by, printing a draft work-related memorandum from her
supervisor's screen: 1) Kaiser's Principles of Responsibility contain
no language that would preclude Ms. Church from printing a letter
about her that was publicly visible in an Posted on Sunday, February 7, 2010 at 10:06 pm

Toyota's recent series of missteps has forced the automaker to recall
millions of vehicles that could potentially malfunction (obviously,
some already have), possibly causing injury to the occupants as well
as other drivers sharing the road. Sacramento lawmakers are stepping
up their efforts to stay ahead of potential issues affecting
California drivers. A House Democrat expressed concern Wednesday about
a massive Toyota recall that has led the automaker to stop
manufacturing and selling vehicles linked to Posted on Sunday, February 7, 2010 at 10:06 pm

(Please note: the names and locations of all parties have been changed
to protect the confidentiality of the participants in this employment
discrimination/personal injury case and its proceedings.) WRONGFUL
TERMINATION IN VIOLATION OF PUBLIC POLICY AND VIOLATION OF LABOR CODE
SECTION 6310 (AND HEALTH AND SAFETY CODE SECTION 1278.5) Kaiser has
filed a Motion for Summary Judgment on all claims, including the major
claim for Wrongful Termination in Violation of Public Policy. For
settlement purposes, it is Posted on Friday, February 5, 2010 at 11:30 am

Since our last post was about Michael Jackson's death in June, it may
seem that his passing has caused the lack of posts since then. But in
reality, the blog is being moved to a new domain, new host and will
have a new look. Look here for more information in September about our
new look and home! We look forward to continuing to provide you with
timely and informative posts about all things involving estate
planning. In the meantime, please check out our newly redesigned
website for our firm here. Posted on Thursday, August 27, 2009 at 11:59 am

Three very notable celebrities have died. Ed McMahon, Farrah Fawcett
and now Michael Jackson. Each had families. Each had loved ones. Each
had assets. And each had potential contestants to their estate. Did
each have an estate plan in place that was updated and reflected their
wishes? Time will soon find out. The media will report if their estate
administration turns out to be a mess like Anna Nicole Smith's was. Ed
was survived by his wife so his estate is likely to be less burdensome
whether he had an Posted on Thursday, June 25, 2009 at 4:13 pm

Is it worth it to hire an attorney to draw up a will, trust or other
estate planning documents? Kiplinger.com on personal finance and
business says it is worth it. They posted a fun 10 question quiz about
is it worth it -- questions like is it worth it to pay more for name
brand prescription medications or will generics suffice? One of the
questions is about wills: is it worth it to hire an attorney to draw
up a will? Kiplinger.com says yes, it is worth it to hire an attorney.
Take the quiz yourself and Posted on Wednesday, June 10, 2009 at 11:32 am

Despite common misperception…due in large part to the fact that cops
don't often share this information…neither California nor Nevada DUI
field sobriety tests or "FSTs" are mandatory tests. You have the
absolute right to refuse to take these tests and most DUI defense
attorneys will advise you to do just that. This is because DUI field
sobriety tests or "FSTs" are highly subjective, used by officers to
determine that you are driving under the influence. The problem is
that even the "scientifically Posted on Tuesday, February 9, 2010 at 7:33 am

During a recent interview, an anonymous 20-year police veteran
disclosed some "secrets" on catching drunk drivers. One of these
related to observations about driving. "Some people hang on the white
lines on the road in an attempt to drive straight. Others drive too
aggressively, and many drive too cautiously or slowly. We're trained
to watch for all the obvious signs of drunk driving, and believe me,
if you're looking, it's easy to spot someone who's intoxicated." The
problem with this is that DUI isn't the Posted on Saturday, February 6, 2010 at 9:52 pm

In the March 2010 issue of Men's Health, the magazine posted a list of
America's "drunkest" cities. Fresno leads the pack, and four other
California cities (Riverside, Bakersfield, Modesto, and Sacramento)
round out the top 20. The poll was based on a number of factors: the
number of alcohol-related liver disease deaths, the number of binge
drinkers in each city, each city's DUI arrest rates, the number of
fatal alcohol-related accidents, and how Mothers Against Drunk Driving
rates each city. It's no Posted on Saturday, February 6, 2010 at 9:52 pm

Sexual harassment is a major concern in California's workplaces. In
2009 alone, the Equal Employment and Opportunity Commission (EEOC),
received over 12,600 allegations of sexual harassment. If you think
you have been a victim of sexual harassment, you should know that
there are two forms of sexual harassment. The first type of sexual
harassment is known as "quid-pro-quo" harassment. "Quid-quo-pro" is a
Latin term that means "this-for-that." This type of harassment
involves a trade of sexual favors in Posted on Tuesday, January 26, 2010 at 9:50 pm

If you are sick of being referred to by racial slurs and epithets at
your job, you should know this behavior is against both California and
federal law. Under the law, your boss is prohibited from
discriminating against you on the basis of your race in relation to
the terms and conditions of employment. He or she also may not harass
you on the basis of your racial or ethnic characteristics. "Race" is
typically defined as a person's ancestry or ethnic characteristics.
When discrimination based on race Posted on Tuesday, January 26, 2010 at 9:50 pm

Sexual orientation discrimination is not only wrong, but it is
illegal. California law protects individuals from facing this type of
discrimination in northern California workplaces. In addition, the law
also protects employees from being discriminated against on the basis
of their "perceived" sexual orientation. This means that if an
employer refuses to hire you because he thinks that you are gay, and
you are not, you may still have a legal claim. It is very important to
note that sexual orientation Posted on Tuesday, January 26, 2010 at 9:50 pm

San Diego personal injury attorneys are seeing a host of questions
from concerned Toyota owners in light of the comments made by U.S.
Transportation Secretary Ray LaHood earlier this week. LaHood advised,
in testimony before the House Appropriations subcommittee this week,
that owners of the recalled models of Toyota's cars should stop
driving them. Indeed, his sentiment was echoed by personal injury
attorneys. In the UK, a leading lawyer urged owners of the recalled
vehicles to stay off the road, or face Posted on Sunday, February 7, 2010 at 12:31 am

A San Diego area teen was arrested last year for gross vehicular
manslaughter, where she killed another driver in Santee. We often hear
about the criminal charges or the personal injury implications of
fatal accidents, but we don't often hear about the overlap between
these two types of actions. More specifically, do families of lost
loved ones sue the criminal for wrongful death? Georgia courts
certainly seem to allow for such personal injury lawsuits. A South
Georgia family was awarded $1.5 million after Posted on Thursday, February 4, 2010 at 1:07 pm

Nanette Rosa faces what most parents would consider a nightmare. Both
of her daughters have cancer. Now, a personal injury lawsuit has been
filed against the federal goverment on Rosa's behalf. For 60 years,
the United States has been using the island of Vieques, in Puerto
Rico, as a bombing range, dropping live bombs and missiles in weapons
tests. These tests have not gone without serious health repercussions
to the island's inhabitants, however. Nanette's older daughter, Coral,
has been diagnosed with Posted on Thursday, February 4, 2010 at 1:07 pm

Associated Press reported on January 12, 2010 "More than 6 jobless
workers chase 1 opening". With the competition for jobs intensifying
as companies are reluctant to hire new workers, there will be more
people looking for loan modifications. Loan modifications sometimes
lead to litigation when parties are not able to resolve issues through
negotiations. The lender may file a lawsuit to foreclose on the
property and collect on the loan. The borrower may file a lawsuit
alleging unfair loan terms. Litigation Posted on Friday, February 5, 2010 at 7:16 pm

Bankruptcy intersects with estate planning when making sense of
property ownership and property taxes. In "Change in Ownership under
Proposition 13" by Wayne H. Gilbert and Timothy S. Galusha of
Lippenberger, Thompson, Welch, Soroko & Gilbert, LLP, Proposition
13 is explained as a property tax change in ownership rules from
changes to CA Constitution 7/1/1987. Proposition 13 turned back
property values to 3/1/1975, and makes property tax rates imposed in
CA real property 1% of property's assessed value, Posted on Friday, February 5, 2010 at 7:16 pm

On December 1, 2009, changes to time periods applicable in bankruptcy
took effect. Time affects notice a party is required to give before
certain actions can be taken or approved by the bankruptcy court as
well as deadlines for filings asserting rights. On May 7, 2009,
Congress enacted Public Law No. 111-16, The Statutory Time-Periods
Technical Amendments Act of 2009. Each change to the Bankruptcy Code
increases the previous time period from five to seven days: •
Section 109(h)(3)(A)(ii) - Time for Posted on Friday, February 5, 2010 at 7:16 pm

From Burbank DUI drivers to debris in lanes to ferocious traffic
snarls, Southern California's freeways present a gallery of challenges
to drivers. Here's a quick guide to the obstacles we frequently
encounter thanks to our tangled freeway system. Rush-hour gridlock
from 6 AM through 9 PM... and often on weekends. The massive,
never-abating congestion on freeways like the 10, the 405, and the 101
(but not the 90!) causes much consternation to newbie drivers. Whether
you join the queue at six in the morning Posted on Thursday, February 4, 2010 at 3:42 pm

Dr. Conrad Murray, the doctor to Michael Jackson is rumored to be
arraigned on Friday to face involuntary manslaughter charges for the
death of Michael Jackson. Sources close to the Jackson family indicate
that they furious that the doctor is not facing murder charges. While
most high profile cases are filed at the downtown courthouse, this
case is set to be filed at the LAX courthouse. This is a change form
the history of failed high profile cases in which downtown juries buck
the charges and acquit Posted on Thursday, February 4, 2010 at 3:42 pm

The California Supreme Court agreed that while Los Angeles DUI
checkpoints are legal, even though they stop people without probable
cause. The Court ruled that since the California DUI checkpoints are
not criminal investigations in themselves, they are simply tool stop
or deter drunk drivers. That is why a top rated Los Angeles DUI
Defense Attorney can ensure that your rights are being properly
protected. Aggressive representation is necessary to protect the
rights of those who enter a California DUI Posted on Tuesday, January 26, 2010 at 6:07 am

The following blog entry is written from a defendant's position during
pre-trial litigation. Reviewing this kind of briefing should help
potential plaintiffs and clients better understand how parties in a
medical malpractice case present such issues to the court. (Please
note: the names and locations of all parties have been changed to
protect the confidentiality of the participants in this personal
injury case and its proceedings.) UMH DID NOT BREACH ITS DUTY OF CARE
TO PLAINTIFFS DECEDENTS A hospital such Posted on Sunday, February 7, 2010 at 10:32 pm

The following blog entry is written from a defendant's position during
pre-trial litigation. Reviewing this kind of briefing should help
potential plaintiffs and clients better understand how parties in a
medical malpractice case present such issues to the court. (Please
note: the names and locations of all parties have been changed to
protect the confidentiality of the participants in this personal
injury case and its proceedings.) THE ISSUE OF NEGLIGENCE CAN ONLY BE
RESOLVED BY EXPERT TESTIMONY IN THIS Posted on Friday, February 5, 2010 at 12:01 pm

The following blog entry is written from a defendant's position during
pre-trial litigation. Reviewing this kind of briefing should help
potential plaintiffs and clients better understand how parties in a
medical malpractice case present such issues to the court. (Please
note: the names and locations of all parties have been changed to
protect the confidentiality of the participants in this personal
injury case and its proceedings.) As is evidenced by the attached
declaration of Sandy Singer, UMH provided Posted on Friday, February 5, 2010 at 12:01 pm

I apologize for the almost total lack of posting. I was in a trial
that involved testimony over 4 weeks starting October 6, and just
finished up the concluding briefs today. If you can believe it, in the
middle of all of that I had stomach surgery which cured a debilitating
case of heartburn and as an added bonus has caused me to lose 15
pounds already. So, I thought I'd point to this post from Robin
Weideman on Dowell v. Pacesetter, Inc., a case which is more or less
unremarkable, except that it is part of Posted on Thursday, December 10, 2009 at 12:30 pm

MoFo says [pdf]: The 2009 legislative sessions in both Sacramento and
Washington, D.C. have yielded significant developments for labor and
employment law. Both? I would say, on the contrary, the 2009
legislative session in Sacramento was probably the least eventful of
the decade in developments "for" labor and employment law. Share it:
Hide Sites Posted on Thursday, December 10, 2009 at 12:30 pm

Here's CalBizLit's comment on Justice Gilbert's reworked opinion on
arbitration finality. I find this interesting because what I have
termed in the past "arbitroskepticism" seems to be a contrarian point
of view, but it is increasingly gaining traction among lawyers who
blog. The simple logic was always this: if the forum really was so
advantageous for employers (or any one side, whoever) how long could
it really be before the courts and/or legislature took notice. Added
to that was, where's the data? And Posted on Wednesday, October 21, 2009 at 2:51 pm

Okay, now I have seen it one too many times and feel the need to vent.
There is no such thing as a "slam dunk" in court. The scenario is
this. A party - it may be a homeowner, it may be an HOA or Condo
Association board - goes to an attorney and that attorney gets all
excited about their "case". He or she says "THIS IS SOMETHING YOU
SHOULD LITIGATE, DEFINITELY. IT's A "SLAM DUNK". Some other word may
be used instead of slam dunk. It may be "a great case", "a winner",
"you are clearly in the right", or Posted on Saturday, February 6, 2010 at 10:04 pm

This is a lesson for both HOAs and Owners who want to consider
litigation. It is an experience I had when doing litigation years ago.
The Association contacted me for assistance. An owner (we will call
them Owner A) was complaining about a neighbor's (we will call them
Owner B) use of a basketball standard in their back yard. This was a
"zero lot line" community meaning the lot line for one unit was an
exterior wall of a neighboring unit. The owner that complained was a
day sleeper who worked nights. The Posted on Saturday, February 6, 2010 at 10:04 pm

I get all sorts of emails about problems in HOAs and Condos. Here is a
difficult one: "My problem is two-fold: 1. Hours upon hours of curry
cooking by my upstairs neighbors. 2. When the downstairs unit turns on
their kitchen exhaust fan the smell is concentrated inside the walls
around the kitchen exhaust vent piping, which then enters my unit
through my kitchen, laundry room and hall bathroom. (all these rooms
share common walls around the ducting) Is there any law that would
help?" This person believed Posted on Thursday, February 4, 2010 at 10:43 am

Friends, family and students are mourning the loss of a 50-year-old
father who was killed Friday in a head-on crash near Steele Canyon
High School, where he often volunteered for his kids' drama
productions. He was identified by the Medical Examiner's Office
Saturday as David Norman Reid, who lived with his wife and family in
Spring Valley, California. Reid was driving a Dodge Caravan east on
state Route 94 about a mile west of the school when the driver of a
Ford Mustang crossed over the double-yellow line Posted on Tuesday, January 26, 2010 at 7:45 am

Three lives were lost when 11-year-old José Silva ran a stop sign at
the intersection of Avenue 152 and Road 168 near Woodville,
California. A truck headed south on Road 168 didn't have enough time
to stop and collided with Silva's vehicle. Silva died at the scene
along with his mother, Maria Covarrubias, and José's seven-year old
sister Elizabeth Silva. Both daughter and mother were ejected from the
vehicle. Another passenger suffered major injuries. The driver of the
truck suffered minor injuries. Posted on Wednesday, January 20, 2010 at 2:40 pm

Winterhaven - California Experts say it's very important to make sure
that your car is ready for severe weather. Experts say now is the time
to make sure that your car is properly maintained and equipped for
inclement weather. According to the Winterhaven California Highway
Patrol, accidents in the Desert Southwest increase during rain and
other bad weather. That's why officers encourage you to leave yourself
extra time when driving in bad conditions, and don't follow too
closely. It's important to make Posted on Wednesday, January 20, 2010 at 2:40 pm

The case Pellegrino v. Robert Half International, Inc. (RHI) was
brought by recruiters alleging that RHI failed to comply with Labor
Code provisions pertaining to overtime compensation, commissions, meal
periods, itemized wage statements, and unfair competition (under
Business and Professions Code section 17200). As defenses, RHI argued
that Plaintiffs' claims were barred because they all entered into
agreements that shortened their statute of limitations down from four
years to six months. RHI also argued Posted on Friday, February 5, 2010 at 8:42 am

I was quoted in this month's California Lawyer magazine regarding the
steady persistence of wage and hour lawsuits here in California - even
during these difficult economic times. The article, No Break In Worker
Suits, can be read here. Posted on Friday, February 5, 2010 at 8:42 am

Despite your teachers, friends, boss, colleagues and family members
telling you otherwise, you are a linchpin. You are a genius that can
succeed in the new economy. Seth Godin's new book, Linchpin, sets out
to challenge you to unlearn what school and society has rewarded in
the past, and to let us all know that we are linchpins (if we make the
choice to be). I just finished reading an advance copy of Linchpin,
and have to recommend the book to anyone who either manages people at
work or for anyone who has Posted on Wednesday, January 27, 2010 at 2:28 am

An article in U.S. News & World Report briefly mentions the
travail our client Claire Krumpotich and her family have encountered
with Conseco Senior Health Insurance Company. We've written several
times before about Conseco, its financial problems, and its seeming
unwillingness to make good long term care policies. Once again we have
a client who has fallen victim to the company, and this time U.S. News
is writing about it also. See: "Pros and Cons of Long-Term Care
Insurance," Posted on Saturday, January 9, 2010 at 1:01 am

The CLASS Act, the part of the federal healthcare overhaul that
creates a payroll deduction for long-term care similar to Social
Security, may survive to make it into the final version of a combined
congressional bill and become law, writes James Oliphant in the Los
Angeles Times."Government Insurance for Long-Term Care Likely to Slip
Into Final Healthcare Bill,"
http://www.latimes.com/news/nation-and-world/la-na-health-longterm31-2009dec31,0,4138098.story.
Members of both the Senate and House of Posted on Wednesday, January 6, 2010 at 2:44 pm

California Law Displays Understanding of Eating Disorders That
Insurers Should Emulate Insurance companies that routinely
misunderstand eating disorders should pay attention to California
Health and Safety Code Section 1254.5, which provides a refreshing
perspective on the nature and treatment of eating disorders. In its
findings under Section 1254.5, the California Legislature states,
"[T]he disease of eating disorders is not simply medical or
psychiatric but involves biological, sociological, Posted on Friday, December 25, 2009 at 2:34 am

Here are some of my favorite tweets from the past week: GTak: Why
hybrid corps? Blended value missions are not protected by traditional
corp laws. Typical mission anchors are not rock solid. GTak: Vermont
BSR Legislative Initiative: For-Benefit Corporations -
http://is.gd/7JyWc GTak: Changing Ecosystem of Change: B-certified
Corp, Benefit Corp, Flexible Purpose Corp, L3C. Thanks @p2173,
@philosopher20 for the meeting. GTak: From NTEN Community Call: admin
and fundraising expenses allocations deviate widely Posted on Sunday, February 7, 2010 at 4:47 am

All too often, the issue of legal compliance receives attention from a
nonprofit corporation only after a conflict arises. Instead, a
nonprofit corporation can better prevent conflicts and protect itself
through regular legal audits. Financial audits alone, while important,
will not sufficiently account for the bigger issue of overall
compliance with state and federal laws. A legal audit will include a
wide range information-gathering, such as: Organizational and
Operation-related Documents Articles of Posted on Monday, February 1, 2010 at 4:58 pm

On January 21, 2009, the United States Supreme Court ruled in Citizens
United v. Federal Election Commission that corporations (including
nonprofit corporations and unions) may make direct expenditures on
political advertising in support of or in opposition to a candidate
for public office. While nonprofit leaders and commentators are still
analyzing what this means for the nonprofit sector, there is no doubt
that this 5-4 split decision will have tremendous impact on future
campaigns and heighten the Posted on Friday, January 29, 2010 at 2:01 pm