So Cal Law Blog

So Cal Law Blog Has a New Home

2003-06-10T16:40:00.000-07:00

So Cal Law Blog has a new home. Please visit us at: www.sclblog.com. All of the content previously available on this site is now available in the new site. You should be automatically directed to the new site in a few moments.

Thanks!

California Moves to Disbar Trevor Law Group Attorneys

2003-06-04T23:33:00.000-07:00

Today the State Bar filed a petition to disbar the Trevor Law Group attorneys -- Damian S. Trevor, Shane C. Han and Allan C. Hendrickson. The attorneys were merely suspended prior to the filing of today's petition. The Sacramento Bee has coverage here. The State Bar's press release is here. The State Bar has posted the petition on its website.

Blogspot Jihad?

2003-06-04T20:41:00.000-07:00

Dean's World has this intriguing offer (described as a "Jihad on Blogspot") for those bloggers looking to switch away from Blog Spot to a Movable Type-friendly host.

Irvine's Very Own Taco Bell was hit with a $30 Million Verdict for Alleged Theft of Ad Idea

2003-06-04T20:00:00.000-07:00

Taco Bell was hit with a $30 million dollar judgment on Wednesday for allegedly stealing the idea for its popular Chihuahua ad campaign.

Kidnapping is Bad...Especially if You are the US Government

2003-06-03T21:27:00.000-07:00

A Mexican citizen detained in Mexico by Mexican citizens under the direction of the DEA and then delivered to authorities in the United States for trial may later sue the United States government for damages arising from his forcible abduction. So ruled the Ninth Circuit today in Alvarez-Machain v. United States, No. 99-56762/56880 (9th Cir. June 03, 2003). The Sacramento Bee has further coverage here. How Appealing counts up the votes of the Ninth Circuit Panel here.

If the facts of this case seems familiar, it is. On a prior trip to the US Supreme Court, the high court ruled that the arrestee could not move to dismiss criminal charges in the United States based solely on the fact that he was illegally seized from Mexico and brought before to the lower court in the United States. That earlier decision did, however, leave open the possibility that the detainee could sue for damages.

Peterson Lawyer Accuses DA of "Grave Prosecutorial Misconduct"

2003-06-02T21:38:00.000-07:00

Peterson Lawyer Mark Geragos has accused the DA of "Grave Prosecutorial Misconduct according to CNN. Geragos has moved to suppress wiretap evidence and hinted that intercepting privileged communications between Peterson and his attorneys could be grounds to dismiss the charges. According to CNN, the chief deputy district attorney for Stanislaus County replied: "Motions like this do not surprise me and the words used do not surprise me. It happens in many murder cases. They often complain about misconduct."

So Cal Lawyer says: none of this grandstanding is going to make the public forget that Scott Peterson went fishing...alone...on Christmas eve...with his wife at home...who was pregnant...and after her death, he got $10,000 in cash...dyed his hair...and hung out near Mexico. Geragos better come up with something bigger and better than slinging mud at the DA.

An Appellate Attorney Who Prosecutes a Frivolous Appeal Does Not Commit Malpractice Per Se

2003-06-01T15:12:00.000-07:00

The fact that an appellate court finds an appeal to be frivolous does not, in a subsequent malpractice claim, relieve a former client of her burden to prove the representation on appeal amounted to negligence. In other words, prosecuting a frivolous appeal does not amount to per se malpractice. So ruled the Fourth Appellate District on Friday in Dawson v. Toledano (G029927, May 30, 2003).

Howard Bashman's LA Times Op-Ed on Pregerson's Vocal Objection to Three Strikes Ruling by Supreme Court

2003-06-01T14:42:00.000-07:00

How Appealing's Howard Bashman has an Op-Ed in the LA Times about Judge Pregerson's refusal to vote in accordance with the U.S. Supreme Court's rulings upholding the Three Strikes Law. Howard concludes:

Judges should not participate in deciding cases where their personal views prevent them from applying the law properly, and judges who do not recognize this truth call into question their very fitness to serve in the judiciary.

We previously reported on the various degrees of dissatisfaction by the Ninth Circuit with the Three Strikes Ruling here.

Five Points to Consider in Evaluating a Malicious Prosecution Action in California

2003-06-01T13:08:00.000-07:00

Malicious Prosecution is a tricky area of the law in California. To prevail, the former defendant must prove that the prior action terminated in her favor; was brought without probable cause; and was initiated with malice. Sheldon Appel Co. v. Albert & Oliker, 47 Cal. 3d 863, 871-72 (1989). Before accepting a new case, there are (at least) five unique considerations in a malicious prosecution that should be evaluated.

First, what dispositive motions were filed in the underlying action. For example, a potential malicious prosecution defendant who (as a plaintiff) survived summary judgment or an anti-SLAPP motion by proving the merits of the prior action may usually not thereafter be sued for malicious prosecution because surviving such motions ordinarily (i.e., in the absence of fraud or perjury) establishes the plaintiff’s probable cause as a matter of law. Videotape Plus, Inc. v. Lyons, 89 Cal. App. 4th 156, 161, 107 (2001)[holding that a plaintiff who survives summary judgment ordinarily may not thereafter be sued for malicious prosecution as to the causes of action that were the subject of the unsuccessful summary judgment]; Wilson v. Parker Covert & Chidester, 28 Cal. 4th 811 (2002) [holding that a denial of an Anti-SLAPP motion to strike based on the merits of plaintiff’s claims precludes a later claim for malicious prosecution]; Similarly, a successful motion to obtain an injunction may likewise establish that the prior plaintiff had probable cause as a matter of law. Fleishman v. Superior Court, 102 Cal. App. 4th 350, 357-58 (2002). Hence, a careful review of the dispositive motions filed in the prior action must be done as part of any evaluation of a malicious prosecution action.

Second, is the proposed malicious prosecution action based upon the theory that the prior action lacked probable cause from the inception of the prior action or after the prior action was filed? The former is the classic theory while the latter has recently been ruled insufficient to establish probable cause. Put differently, California courts will not impose malicious prosecution liability on the theory that a prior plaintiff had probable cause at the filing of the prior lawsuit but “lost” probable cause along the way due to the discovery of evidence negating defendants’ liability. Vanzant v. DaimlerChrysler Corporation, 96 Cal. App. 4th 1283, 1290 (2002); Swat-Fame, Inc. v. Goldstein, 101 Cal. App. 4th 613, 627-28 (2002).

Third, is there a viable source to satisfy a judgment aside from insurance proceeds? Malicious prosecution is an intentional tort. Although insurance companies may agree to defend their insureds against a malicious prosecution action, there is no duty to indemnify its insured from such a judgment. Indeed any insurance policy that purports to do so is contrary to public policy and unenforceable. Downey Venture v. LMI Ins. Co., 66 Cal. App. 4th 478, 507-09 (1998). Hence, an evaluation of potential sources to satisfy a judgment should not count on any insurance contribution (aside from a nuisance value to avoid the cost of defending the action.)

Fourth, was the favorable termination of the prior action one that truly demonstrated an absence of liability on behalf of the former defendant? A termination by virtue of discovery sanctions or other procedural grounds that do not reflect the former defendants’ freedom from liability in the prior action do not qualify as “favorable terminations” for purposes of malicious prosecution. Zeavin v. Lee, 136 Cal. App. 3d 766 (1982); Pattiz v. Minye, 61 Cal. App. 4th 822 (1998); and De la Pena v. Wolfe, 177 Cal. App. 3d 481 (1986).

Fifth, can you establish damages and lack of probable cause as to each separate cause of action from the prior action? It is well-established that a former defendant must establish probable cause as to each separate cause of action asserted against him. Videotape Plus, Inc. v. Lyons, 89 Cal. App. 4th 156, 161, 107 (2001); Crowley v. Katleman, 8 Cal. 4th 666 (1994). Some prior plaintiffs may argue that the prior defendants’ damages (i.e., attorneys’ fees and emotional distress) should be apportioned among the frivolous and non-frivolous causes of action. There is authority for the proposition that where such claims are intertwined, the burden of such an apportionment should rest on the former plaintiff and not the former defendant. Crowley v. Katleman, 8 Cal. 4th 666, 690 (1994).

This posting is subject to the same non-commercial, attribution license that governs the entire website, So Cal Law Blog. All links to case opinions are to slip opinions on FindLaw and are not the official published opinions.

Internet Law Students Pass California Bar

2003-05-31T23:06:00.000-07:00

Six graduates of Concord School of Law -- an internet law school -- passed the California Bar and will soon be the first internet-trained lawyers to practice in the United States according to this LA Times article.

Moldering Garbage, Toxic Waste, Weeds, Methane and Other Obstacles to the NFL's Return to LA

2003-05-31T23:04:00.000-07:00

"The site for a stadium that could bring professional football back to the Los Angeles area is 157 acres of moldering garbage and toxic waste, a fenced-off field of weeds that leaks methane, spooks investors and attracts legal trouble."

So begins a rather pessimistic LA Times piece by Paul Pringle on the prospects of a new stadium in Carson.

Fox "Secrets Revealed" Programs Defeat Copyright Infringement Claim

2003-05-31T14:06:00.000-07:00

In Rice v. Fox Broadcasting Co. (No. 01-56582, May 29, 2003 ), the Ninth Circuit found that Fox did not infringe the copyright of the plaintiff who claimed to originate the idea behind Fox's "Secrets Revealed" series of specials that exposed how magicians perform their tricks. The Ninth Circuit found the plaintiff's ideas of unmasking secrets behind magic tricks to be too general in nature to warrant copyright protection. Similarly, the plaintiff's character of a masked magician "risking all" to expose secrets was found to lack the requisite "consistent, widely identifiable traits" that other characters -- such as Godzilla, James Bond and Rocky Balboa -- have demonstrated in order to receive copyright protection.

Lawsuit by Former CIA Recruits for Promised Financial Support Survives Ninth Circuit

2003-05-31T14:05:00.000-07:00

On Thursday, the Ninth Circuit permitted a lawsuit brought by a pair of former Eastern Bloc diplomats recruited by the CIA to spy on their own country to proceed. In Doe v. Tenet, (No. 01-35419, May 29, 2003) the Court analyzed the circumstances under which spies recruited by the U.S. Government could assert claims arising from their engagement and permitted this lawsuit to survive the pleading stage at least. The case has been remanded for further inquiry as to whether continued prosecution of the suit would jeopardize national security.

Animal Rights Activists Vow to Continue Legal Fight to Return Elephant to LA Zoo

2003-05-30T10:57:00.000-07:00

The controversy over the LA Zoo's midnight run of its elephant to a Zoo in Tennessee continues. The LA Times has coverage here. The case has bounced from LA Superior Court, to Federal Court and back to LA Superior Court while the elephant has settled in to her new surroundings in Tennessee. Attorney Yael Trock has vowed to fight on and seek a return of the elephant to the LA Zoo. Our prior coverage of this lawsuit is here and here.

LA Times Cracks Down on Liberal Bias

2003-05-28T09:01:00.000-07:00

LA Observed reports here on an internal memo distributed at the LA Times critizquing a biased story on abortion and emphasizing the need to prevent liberal bias in articles. Thanks to CalBlog for first spotting this post.

Midnight Transfer of Elephant from LA Zoo May Thwart Pending Injunction Hearing

2003-05-27T17:21:00.000-07:00

The LA Zoo is attempting an end run around pending litigation to enjoin the transfer of an elephant to the Knoxville Zoo. According to this LA Times account, the elephant at issue has already departed LA via a special moving truck and will arrive in Tennessee at around the same time the court rules on the injunction to prevent the move. According to the Times, the attorney seeking the injunction on behalf of an LA resident plaintiff was not pleased: "Like thieves in the middle of the night, they moved before a judge could make a decision." We previously reported on the Elephant controversy here.

Ninth Circuit Gets Last Word on ATM Surcharges for Non-Customers

2003-05-27T14:56:00.000-07:00

The Supreme Court has declined to hear an appeal to reinstate local laws passed by San Francisco and Santa Monica prohibiting ATMs from charging non-customers a usage fee. (Sacramento Bee, 5/27/03). A district court and the Ninth Circuit both held that such laws were improper because only the federal government, not local government, can enact such regulations. The Supreme Court's refusal to hear the case means the ATM surcharges are here to stay absent federal legislation. The Ninth Circuit ruling is available online here. Some related materials on the local legislation and ensuing litigation are available online here and here. One has to wonder what the www.stopatmfees.com website will focus on next?

Securities Industry Arbitration Agreement Partially Enforced by Second District Court of Appeal

2003-05-27T09:46:00.000-07:00

A securities industry's form arbitration agreement was partially upheld by the Second District Court of Appeal in McManus v. CIBC World Markets (B 160257). Although the agreement on the whole was considered a contract of adhesion and one cost-shifting provision was held unconscionable, the arbitration provision was saved and enforced by the Court. The Metropolitan News-Enterprise has an article on the decision.

Navajo Nation Seeks Judicial Declaration of Colorado River Water Rights

2003-05-26T12:45:00.000-07:00

The Navajo Nation filed a lawsuit in March contending that the U.S. Department of the Interior has ignored Navajo water rights in breach of U.S. trust obligations to the Navajo Nation. At issue is surplus water from the Colorado river that the Department of the Interior is allegedly divvying up between other competitors for the water, such as desert farms in Southern California and artificial lakes in Las Vegas, while ignoring the Navajo reservation. The suit requests a determination of what the Navajo Nation's rights are. (LA Times, 5/26/03).

Ninth Circuit Panel Sulks Over US Supreme Court Ruling Upholding Three Strikes

2003-05-25T20:41:00.000-07:00

How Appealing has two interesting posts here and here on certain members of the Ninth Circuit who are none too happy with the SCOTUS ruling upholding the Three Strikes Law. According to How Appealing, a number of unpublished dispositions that were pending resolution when the Supreme Court upheld the Three Strikes Law and which now have been remanded in light of the Supreme Court's decisions, have concurrences along the following lines:

Before: PREGERSON, REINHARDT, and GRABER, Circuit Judges:
Appellant's motion for summary disposition is granted. We summarily reverse the district court's judgment and remand for further proceedings. See Lockyer v. Andrade, 123 S. Ct. 1166 (2003); Ewing v. California, 123 S. Ct. 1179 (2003). All other pending motions are denied as moot.
REVERSED and REMANDED.
REINHARDT, Circuit Judge, specially concurring. I concur only under compulsion of the Supreme Court decision in Andrade. I believe the sentence is both unconscionable and unconstitutional.
PREGERSON, Circuit Judge, writing separately. In good conscience, I can't vote to go along with the sentence imposed in this case.

FindLaw's John Dean Discusses Prospect of GOP's Rumored Plan to Break Judicial Nominee Filibuster

2003-05-25T20:08:00.000-07:00

FindLaw's John Dean has posted an interesting commentary on the GOP's rumored plan to "go nuclear" and use a parliamentary trick to break the democrats' filibuster of Bush's judicial nominees. (FindLaw, 5/23/03.) Our prior coverage of this issue is here.

Cisco's In House Counsel Takes Advantage of Technology

2003-05-25T19:16:00.000-07:00

Not surprisingly, Cisco's in house legal department is way ahead of the curve in taking advantage of technology to further the practice of law. (Law.Com, 5/1/03;Ernie the Attorney, 5/23/03.)

Local Mediation Association Weighs in on Scope of Confidentiality Protection for Mediations

2003-05-25T18:59:00.000-07:00

Cal Blog weighs in here on an interesting issue now pending before the Supreme Court: whether Evidence Code section 1119 governing mediations is to be construed to confer absolute protection for both "raw data" and derivative materials (such as charts), prepared for mediation; or, as the Court of Appeal held in Rojas v. Superior Court, 102 Cal. App. 4th 1062 (2002), whether raw data disclosed at mediation may be later subject to discovery and admissible at trial. The Court of Appeal held that Evidence Code section 1119 merely provides qualified protection. CalBlog also reports that the Southern California Mediation Association has filed its first ever amicus brief in favor of the Court of Appeal ruling. Jeff Kichaven, a fine mediator who this So Cal Lawyer has been before a number of times, co-authored the amicus brief.

LA City Council Delays Vote on Restrictions of Council Member Slush Funds

2003-05-24T09:31:00.000-07:00

The LA City Council has delayed a vote on a measure that would restrict their use of slush funds and prevent the type of controversy that lead to this previous LA Times article. (LA Times, 5/24/03.)

Details of Laci Peterson's Body and Injuries Have Been Leaked

2003-05-24T00:33:00.000-07:00

Talk Left has posted, via Fox News, the leaked details of the condition of Laci Peterson's body. (Talk Left, 5/23/03.)

U.S. Senate Narrowly Approves Tax Cut Bill

2003-05-24T00:23:00.000-07:00

Vice-President Cheney was forced to break a tie in the U.S. Senate in order to pass a ten-year, $330 billion tax cut that is now on its way to President Bush for signature. (Fox News, 5/23/03.) NPR has very good coverage of this issue. Clint Stretch of Deloitte & Touche provides MSNBC with a good overview of what taxpayers can expect from the bill. (MSNBC, 5/23/03).

Scott Peterson's Lawyers on Watch for Clues to Previously Reported Tan Van Reportedly in Vicinity of Peterson Home

2003-05-24T00:15:00.000-07:00

Scott Peterson's lawyers have re-interviewed a neighbor of Scott and Laci Peterson who reportedly told police and CNN that he saw a suspicious man in a tan van near the Peterson home as well as a "very pregnant woman" walking her dog a few blocks away. (Court TV, 5/23/03.)

US Treasurer Ponders Run Against Boxer

2003-05-23T23:56:00.000-07:00

US Treasurer Rosario Marin is resigning her post amid rumors of a planned run against Senator Barbara Boxer. (LA Daily News, 5/22/03.)

CA AG Vows to Continue Prosecution of Lawsuit Against Suspended Trevor Law Group Attorneys

2003-05-23T23:48:00.000-07:00

The California Attorney General has vowed to continue prosecution of the unfair competition lawsuit against the three recently suspended Trevor Law Group attorneys. (Metropolitan News-Enterprise, 5/22/03.)

Scott Peterson's Lawyers Claim to be Hot on Trail of "Real Killers"

2003-05-22T22:22:00.000-07:00

According to Talk Left and Fox News, Scott Peterson's lawyers have found their mystery witness who will lead to the discovery of the "real killers" of Laci Peterson. Peterson's lawyers claim the authorities will have "egg on their face" in a matter of days once the real killer is found.

State Bar Suspends Trevor Law Group Attorneys

2003-05-22T17:16:00.000-07:00

The State Bar has suspended three Trevor Law Group attorneys according to this LA Times account. Our prior coverage of these controversial attorneys and their misuse of the State's unfair competition law appears here, here, here, here and here. State Bar Court Judge Richard A. Honn concluded in a lengthy written opinion that "Their relatively small firm was capable of far-reaching harm . . .With little or no investigation, lawsuits were filed on a mass scale." The suspended lawyers have vowed to fight the suspension.

Anti-SPAM Bill Clears California Senate

2003-05-22T14:59:00.000-07:00

Senate Bill 12, which would authorize private lawsuits and hefty fines for unsolicited email, has cleared the California Senate according to this Sacramento Bee account. Our prior coverage of the bill is here. According to the Sacramento Bee, the Bill:

would require e-mail advertisers to get permission beforehand to send the ads unless they already had a business relationship with the recipient. Advertisers who violated the bill's provisions could be sued by the recipient for $500 per e-mail, and a judge could triple the penalty if he or she determined that the sender willfully and knowingly ignored the bill's requirements. The legislation also would require judges to tack on another $250 per violation to fund a high-tech crimes task force.

The End of Digital Rights Management?

2003-05-21T06:28:00.000-07:00

The Sacramento Bee has this interesting article on the future of digital rights management in light of the promise of unlimited distribution of songs by services such as iTunes.

NPR's Morning Edition on California Electricity Re-regulation

2003-05-20T09:16:00.000-07:00

NPR's Morning Edition had a nice piece today on the bill pending in the California Senate on ending deregulation of electricity in California.

LA City Council Ponders Requiring Disclosure of Slavery Profits

2003-05-19T21:35:00.000-07:00

The LA City Council has asked the City Attorney to draft an ordinance requiring companies doing business with LA to disclose whether it earned any profits from slavery according to this Sacramento Bee report.

GOP Congress Invokes Laci Peterson's Memory for National Fetus Homicide Bill

2003-05-18T21:35:00.000-07:00

GOP members of Congress have invoked the name of Laci Peterson and her unborn son Connor in support of a national bill that would recognize the rights of a fetus separate from its mother for purposes of murder prosecutions. The Sacramento Bee has this coverage. The Unborn Victims of Violence Act of 2003 on its surface merely makes the killing of an unborn child a separate prosecutable offense. However, abortion rights activists view the bill as an attack on Roe v. Wade.

Tom McClintock and Talk Radio's John and Ken Voice Opposition to Proposed Tripling of California Car Tax

2003-05-16T17:48:00.000-07:00

The LA Talk Show John and Ken sent the following email out today concerning Gray Davis' proposed budget, the tripling of the car tax and the efforts by Tom McClintock to fight the increase:

Governor Joseph Graham Davis has gone to far this time!

Ok, we all know that most politicians are greasy windbags that spend our money on extravagant cars, staff meetings at Disneyland, and the all important young interns that run around the office. Most of these politicians are found out sooner or later, and exposed for the frauds they really are. Yet, there is one politician that continues to dig his hole deeper and deeper every time he opens his mouth. You guessed it, Governor Joe Davis!

The latest trash to come out of the Governors office is the revised budget, with the Car Tax, buried in the middle. The Car Tax will triple what you pay now for your cars’ registration. Do the math with me. If you are paying around 300 dollars for your cars’ registration now, then a tripling of that will make you pay 900 dollars the next time you have to register. Now John and Ken will not stand by and let this horrible piece of trash go unanswered.

The next question racing through your mind has to be, what do we do about this?

John and Ken are asking all the listeners to go to www.tommcclintock.com, and sign up for the tax initiative that will stop the Car Tax in its tracks! That’s right, no Car Tax, nada, no more! State Senator Tom McClintock has been fighting against the tripling of your car registration from the start and has the way you can join the fight. On his website, you can read what he plans to do as soon as the Car Tax is put into play and that’s also where you can join the “Car Tax Initiative Team”. John and Ken will keep you up to date with the latest information coming out of Sacramento, as well as when the Car Tax will be triggered.

Remember you can get the John and Ken show via the internet at www.kfi640.com

The John and Ken Show
Weekdays, 3-7pm PST
KFI AM640 More Stimulating Talk Radio
www.johnandkenshow.com

Corp Law Blog Blasts Bad Bills

2003-05-16T16:49:00.000-07:00

A new blawg on the block, Corp Law Blog, weighs in here on some really, really bad bills such as the Corporate Three Strikes Act (SB 335), California's take on Sarbanes-Oxley (AB 664), a bill to expand director liability (SB 917) and a bill to impose the burden of collection and recycling diapers on the manufacturers (SB 204). Corp Law Blog is well worth the look.

CA AG Files Consumer Fraud Lawsuit against Alyon Technologies

2003-05-16T10:53:00.000-07:00

The California Attorney General has filed a complaint and sought injunctive relief against Alyon Technologies to prevent Alyon from using software that installs itself on consumers' computers (sometimes without the consumer's knowledge) and automatically dials expensive porn telephone numbers resulting in consumers racking up enormous phone bills. The AG's press release is here while the complaint can be reviewed here.

Overlawyered's Coverage of Assembly Vote on "Reform" of Unfair Competition Law

2003-05-16T09:36:00.000-07:00

The Assembly Judiciary Committee has killed three bills that would have substantially reformed California's controversial Unfair Competition Law according to this coverage by Overlawyered.com. A watered down version did survive committee.

Lawsuit Filed to Block Separation of Paired Elephants at LA Zoo

2003-05-15T18:31:00.000-07:00

A lawsuit has been filed in Los Angeles to bar the separation of a pair of elephants at the LA Zoo according to this L.A. Daily News article. The zoo proposes to ship one elephant to Tennessee where other African elephants are held in a zoo. Animal rights activists contend that the breaking up the sixteen year friendship would cause irreparable harm.

Issa Will Run Against Davis if Recall Election Held

2003-05-15T18:27:00.000-07:00

Representative Darrell Issa (R-Vista) will run against Governor Davis if a recall election is held according to this Sacramento Bee article.

Oreo Lawsuit Dropped

2003-05-14T21:01:00.000-07:00

The Oreo lawsuit has been dropped before ever being served on KRAFT foods according to this Sacramento Bee account. According to the lawyer bringing the suit, he just wanted to draw attention to the issue.

Federal Judge Dismisses Petition for Libyan Guantanamo Detainee

2003-05-13T23:35:00.000-07:00

A federal judge has ruled that he lacks the power to order a Guantanamo detainee brought before a U.S Court and given access to a lawyer according to this Sacramento Bee account. The petition was brought by civil rights attorney Stephen Yagman. District Court Judge Howard Matz relied upon the lease between the U.S. and Cuba for the Guantanamo military base that recognizes Cuba's sovereignty in the area as well as the 1942 Supreme Court decision -- Ex Parte Quirin, 317 U.S. 1 -- involving Nazi spies who the U.S. seized, deemed "unlawful combatants" and executed during World War II without the due process generally afforded to ordinary crimminals or prisoners of war.

Proposed Bill to End Depublished Decisions Voted Down in Committee

2003-05-12T12:30:00.000-07:00

Bag and Baggage has this interesting post on the recent Assembly Committee on Judiciary vote against AB 1165 -- a bill that would end depublished opinions -- as well as links to a number of background documents. Our prior postings on this bill are here and here.

Assembly Passes anti-SPAM Bill Authorizing Private Lawsuits Against Mass Emailers

2003-05-12T10:48:00.000-07:00

The California Assembly has passed a new anti-SPAM bill that would authorize private lawsuits against mass emailers of unsolicited SPAM for $1,000 per message. The OC Register has this coverage of the pros and cons of Assembly Bill 567 which is now before the State Senate for review.

Time for a Parent-Child Privilege?

2003-05-11T21:17:00.000-07:00

Monica Lewinsky has gone to bat in a LA Times Op-Ed piece for national legislation establishing a parent-child privilege. Talk Left has more coverage here. This may very well be the first and last time that So Cal Law agrees with both Monica Lewinsky and Talk Left on any issue.

LA Times Profiles US District Court Judge Florence-Marie Cooper

2003-05-10T20:26:00.000-07:00

US District Court Judge Florence-Marie Cooper is profiled by the LA Times.

Edwards Contributions by Low Level Employees Are Questioned

2003-05-10T19:59:00.000-07:00

Contributions by low level employees to the presidential campaign of Senator Edwards are being questioned according to this article on The Hill. The investigation includes contributions by low level employees of California law firms who suddenly decided to contribute funds to the presidential campaign despite, in some cases, not have apparent means to do so. An excerpt from this article reads:

While similar donations found by The Hill occurred across the nation, a disproportionately large number of them came from California. Else Latinovic, an administrator at Los Angeles-based O’Donnell & Shaeffer, contributed $2,000 to Edwards on March 31. O’Donnell & Shaeffer’s website states: “Our philosophy is that we do best what we know best — litigation and trial work.” In addition to Else’s maximum contribution, nine other employees at the firm contributed varying amounts on the same day, including four lower-level employees who maxed out. Los Angeles County records show Else Latinovic has not voted and is not registered to vote. She has no prior record of federal campaign donations. In 1996, California assessed Else Latinovic with a state tax lien of $2,465. In 2000, she declared Chapter 7 bankruptcy, with no assets for distribution. In 2001, she purchased a Simi Valley, Calif., condominium for an undisclosed amount from relatives Vid and Anita Latinovic. Anita Latinovic, who is listed as retired, also gave $2,000 on March 31. She has no previous history of political donations. Los Angeles and Kern counties, where she has maintained residences, have no record that she registered to vote or voted.
Vikki Sanchez is a paralegal at Shernoff Bidart & Darras, a law firm in Claremont, Calif., that specializes in insurance liability work, including HMO litigation and Holocaust claims. On March 10, Vikki Sanchez contributed $2,000, the same day and the same amount as five other firm members. Two other Shernoff Bidart employees contributed the maximum amount on different days. All four of the firm’s partners contributed $2,000. In 1992 Vikki Sanchez registered in Los Angeles County as a Republican. She has consistently voted in federal elections, including California’s primary. California utilizes a closed-primary process. Individuals registered with a party may only vote for that party’s candidates in primary elections. Vikki Sanchez did not recall previously donating to a federal campaign. Federal election records show that in 2000 she contributed $1,000, the maximum amount permitted at the time, to Rep. Adam Schiff (D-Calif.). The donation occurred on the same day as other Shernoff Bidart employee contributions. “Everybody in the firm was aware that there was money raised,” said Vikki Sanchez of the Edwards donations. “We were just asked if we’d like to contribute.” She says she was not promised reimbursement for her donation. “The attorney I work with mentioned that they were giving some money and they were speaking to others,” Vikki Sanchez said. On March 10, Vikki’s husband Thomas Sanchez also contributed $2,000. Listed as a facilities manager at Metro Water District, he registered as a Republican in 1992. Thomas Sanchez has consistently voted in elections, including the state’s closed primary. He has no record of prior political donations. Thomas Sanchez said he was not aware that he had donated to the Edwards campaign. “Wasn’t me,” he said. “You’ve got the wrong guy.” His wife said she gave one check to the Edwards campaign for $4,000 from both herself and her husband. The Sanchez’s Walnut, Calif., house was assessed in 2002 at $266,700, nearly $20,000 less than what it was bought for in 1987.
Lower-level employees at the plaintiffs’ firm Robinson Calcagnie & Robinson also contributed heavily. FEC records show three paralegals and an office manager maxed-out to the North Carolinian on March 7. Eleven of the Newport Beach firm’s 14 attorneys also contributed $2,000 on the same day. Donna Hosea, a paralegal at Robinson Calcagnie and incorrectly identified on Edwards’ filings as “Donna Hosen,” also gave $2,000 on March 7. She has no previous history of donating to a federal campaign. Donna Hosea registered to vote in Orange County in 1984 as an independent and frequently participates in elections. Donna’s husband Michael Hosea, a self-employed contractor, also gave $2,000 on the same day as Robinson Calcagnie employees. He registered with Orange County in 1982 as a Republican and regularly votes in federal elections, including the California primary. Michael Hosea has no previous history of donating to a federal campaign. The Hoseas’ Cypress, Calif., house was purchased in 1971 for $28,000. Last year it was assessed at $117,597. The couple also purchased property in Arizona in 1989 for $84,000, and service a mortgage of nearly $140,000. Donna Hosea said the $4,000 donation from her and her husband was for admittance to the Edwards fundraiser. Neither of them attended, she said. Donna Hosea said she was not aware of the other 14 Robinson Calcagnie donations recorded on the same day. “I know nothing about what anyone else did,” she said.
Linda Moen, an office manager at the firm who contributed the maximum permitted, has no prior history of federal political donations. Orange County records show she registered as a Republican in 1987 and consistently votes, including in California’s closed primaries. Franklin Moen, Linda’s husband and a self-employed attorney/consultant, also gave $2,000 on March 7. It was his first recorded donation to a federal campaign. County records show Franklin Moen registered in 1994 as a Republican and regularly participates in primary, general and special elections.

We previously covered California trial lawyer contributions to Edwards here. The Boston Globe has an older article on this investigation here.

GOP Ponders Parliamentary Tricks to Overcome Judicial Filibuster

2003-05-10T19:56:00.000-07:00

The GOP is considering parliamentary tricks to overcome the Democrats' judicial filibuster as covered in this article by The Hill and this article by the OC Register. Observers note that the GOP's use of this "nuclear bomb" would only worsen the working relationship between the parties.

Assembly Proposes Legislation to Respond to White v. Davis Ruling

2003-05-10T19:46:00.000-07:00

The State Assembly has proposed a bill to guarantee payments to State workers who continue to work despite no budget being in place. The San Jose Mercury Press has coverage here. The bill addresses concerns raised after last week's unanimous Supreme Court decision in White v. Davis (S108099) which authorized the State to pay its workers even without a budget in place, but only at minimum wage. Our prior coverage of this issue is here, here and here.

Judiciary Committee Narrowly Approves Kuhl for Ninth Circuit Appointment

2003-05-09T14:35:00.000-07:00

The Senate Judiciary Committee narrowly approved LA Superior Court Judge Carolyn Kuhl for appointment to the Ninth Circuit yesterday according to this article by the Metropolitan News Enterprise.

CalPundit on Dividend Tax Reduction

2003-05-09T09:41:00.000-07:00

Kevin at CalPundit has this interesting post and graph deploring the disparate effect of the proposed dividends tax cut on the wealthy and poor. For a different perspective, the White House's website reminds us that:

Roughly 35 million American households receive dividend income that is taxable and will directly benefit under the President’s plan. More than half of these dividends go to America’s seniors, many of whom rely on these checks for a steady source of income in their retirement.
More than 40 percent of people who receive dividends make under $50,000 per year—and three-fourths make less than $100,000 per year.
Yet seniors and other investors are not getting the full benefit of their investments because those investments are taxed twice. The IRS taxes a company on its profits, then it taxes the investors who receive the profits as dividends. The result is that for every dollar of profit a company could pay out in dividends, as little as 40 cents can actually reach shareholders.
It is fair to tax a company’s profits, and under the President’s plan, company profits will still be taxed – but only once. It is not fair to tax this income twice by taxing the shareholder on those same profits. Double taxation is wrong—and it falls hardest on seniors.
Almost half of all savings from the dividend exclusion under the President’s plan would go to taxpayers 65 and older. The average tax savings for the 9.8 million seniors receiving dividends would be $936.
The President’s plan would eliminate the double taxation of dividends for millions of stockholders – allowing taxpayers to exclude dividend payments from their taxable income – and returning about $20 billion this year to the economy.

Rathburn Held Over for Trial on Belmont Shores Rapes

2003-05-09T09:18:00.000-07:00

The man accused of being the Belmont Shores Rapist, Mark Wayne Rathbun, has been held to answer for trial after Thursday's preliminary hearing according to this OC Register report. The LA times coverage of the preliminary hearing notes that the suspect's mother has attempted to recant her well-publicized statements that her son allegedly confessed the rapes to her.

PR Firm Donates Big and Wins Fat Consulting Contracts with City of LA

2003-05-09T09:12:00.000-07:00

Public relations firm Fleishman-Hillard is a big campaign contributor and winner of fat consulting contracts with the City of LA according to this LA Times article.

Feinstein to Oppose Kuhl Nomination

2003-05-08T10:04:00.000-07:00

Senator Feinstein has announced her opposition to the nomination of Los Angeles Superior Court Judge Carolyn Kuhl to the Ninth Circuit according to this article by the Metropolitan News-Enterprise.

Gray Davis Proposes Half-Cent Sales Tax Increase to Cure Budget Woes

2003-05-07T12:41:00.000-07:00

Gray Davis is proposing a half-cent increase in the state sales tax to cure budent woes as reported in this LA Times account. The proposal involves issuing as much as $8.2 billion in bonds to generate funds to meet the budget deficit and then using the sales tax increase to pay off those bonds.

More Endless Talk and Little Action by LA City Council on Bringing the NFL Back to LA

2003-05-06T21:59:00.000-07:00

The LA Daily News has this report on the latest round of endless talk and little action by the LA City Council to return football to Los Angeles.

Proposed Oil Regulations Receive Mixed Votes in State Legislature

2003-05-06T21:38:00.000-07:00

The Sacramento Bee has this report about today's mixed voting results on two laws that would more closely regulate the oil industry in California. Both bills sought to inject more competition into the price of gasoline and both were opposed by oil companies. Senate Bill 304 has been passed by the Senate Committee on Energy, Utilities and Communications and is on its way to the Senate Rules Committee. Assembly Bill 146 was voted down in the Assembly Business and Professions Committee. We previously reported here about Attorney General's support of AB 146.

LA Council Use of Community Funds Used for Staff or Held by Council Members

2003-05-06T18:19:00.000-07:00

The LA Times reports today regarding the LA City Council's use of community funds for non-community purposes. The article reveals that $4 million earmarked two years ago for graffiti cleanup, tree planting and other programs to spruce up neighborhoods has been used to pay staff members or simply accumulate in council member's accounts. City Controller Laura Chick criticized the unchecked use of these funds.

DC Sniper Confession Will be Allowed at Trial

2003-05-06T11:20:00.000-07:00

DC Sniper Suspect Lee Boyd Malvo's confession will be admitted at trial according to this Washington Post report.

Rep. Darrell Issa Launches New Davis Recall

2003-05-06T10:22:00.000-07:00

Representative Darrell Issa (R-- Vista) has launched a campaign to recall California governor Gray Davis according to this LA Times account. CalBlog, as always, has further coverage of all of the recall efforts, including Issa's campaign.

Litigation Trend Against High School Coaches

2003-05-05T22:43:00.000-07:00

The LA Times has this report on a trend of increasing litigation in connection with high school athletics.

Stephen Yagman Seeks a Decade of LAPD Internal Documents to Support RICO Claims

2003-05-05T22:39:00.001-07:00

California Civil Rights attorney Stephen Yagman is seeking a decade of internal documents from the LAPD to support a RICO claim he has filed on behalf of a client wrongfully convicted in 1971 according to this Sacramento Bee report. Two rulings by U.S. District Judge Robert Takasugi recognize Yagman's right to amend his lawsuit to include RICO claims and, consequently, seek documents dating back ten years. Yagman's lawsuit names a former LAPD officer, former LAPD Chiefs Daryl Gates, Bernard Parks and Willie Williams as well as current chief William Bratton and Mayor James Hahn.

In-N-Out Burger settles California E Coli Lawsuit

2003-05-05T22:39:00.000-07:00

In-N-Out Burger has settled for undisclosed terms with the little girl who was seriously ill from E. Coli allegedly obtained from an In-N-Out Burger according to this Sacramento Bee report. We previously reported on the lawsuit here.

Governor Davis Recall Reaches Significant Milestone

2003-05-05T22:19:00.000-07:00

CalBlog reports that the Governor Davis Recall effort has reached a significant milestone.

Ernie the Attorney on Juror Websurfing

2003-05-05T22:16:00.000-07:00

Ernie the Attorney has this interesting post on the problem of websurfing jurors.

Three Strikes and Businesses Are Barred From Callifornia

2003-05-03T12:52:00.000-07:00

A proposed law pending in the California Senate would bar companies from engaging in business in California if it has been convicted of three felonies within the prior ten years according to this Sacramento Bee report. Senate Bill 335 was introduced by State Senator Gloria Romero (D-Los Angeles).

DC Court Strikes Down Campaign Finance Reform

2003-05-02T14:02:00.000-07:00

A DC Court has struck down campaign finance reform in a ruling consisting of five opinions totaling over 1600 pages. SCOTUS has a link here. The Washington Post has coverage here. I guess the controversy over the delays reported here is now explained by the sheer length of this massive opinion.

CalBlog on White v. Davis

2003-05-02T13:54:00.000-07:00

CalBlog has more coverage here of the White v. Davis decision today and how one reading would permit all state employees to be initially paid only at minimum wage until a budget was passed and retroactive payments are arranged.

Oil Rig Targeted by Erin Brockovich Temporarily Shuts Down

2003-05-02T11:15:00.000-07:00

Erin Brockovich's latest target -- excessive toxic emissions from an oil rig near Beverly Hills High School -- has shut down its operations according to this Sacramento Bee report. We previously reported on Ms. Brockovich's press conference concerning the oil rig.

White v. Davis: State Employees may be Paid without a Budget in Place

2003-05-01T23:59:00.000-07:00

The California Supreme Court has issued its opinion in White v. Davis (S108099) and found that the State may continue to pay its employees where, as is often the case, the state has failed to pass a budget. Such employees are not converted to mere volunteers, as was contended by the taxpayer organizations driving the appeal and who sought the injunction barring payments at the trial court level. Our prior post on the oral arguments is here.

Justice Department Asks Supreme Court to Restore "Under God" to Pledge of Allegience

2003-04-30T23:36:00.000-07:00

The Justice Department has asked the Supreme Court to review the Ninth Circuit ruling striking down the use of "under god" in the pledge of allegiance according to this report by the Washington Post.

More Mike Hawash/Portland Six Coverage

2003-04-30T22:16:00.000-07:00

Yesterday's LA Times had surprisingly fair coverage of the Mike Hawash/Portland Six Case here. Findlaw has posted a copy of the criminal complaint here. The Times predicts:

With Hawash added as a key defendant, the trial promises to be a showdown between prosecutors seeking to show how far some Americans were willing to go to retaliate against the Bush administration's war on terrorism and defense lawyers who cite the case as an example of a reckless Justice Department intent on snaring innocent citizens.

For a slightly more left of center slant, check out Talk Left's coverage here.

SoCal Attorney for Scott Peterson?

2003-04-30T22:09:00.000-07:00

ABC News is reporting that Scott Peterson is considering hiring prominent So Cal attorney Mark Geragos to represent him in his murder trial.

Judge Enjoins LAX Practice of "Corralling" Krishnas

2003-04-30T22:01:00.000-07:00

U.S. District Judge Consuelo Marshall has issued an injunction barring LAX from corralling Hare Krishnas and other solicitors to a cordoned-off area of the airport according to this Sacramento Bee report.

Erin Brockovich Fights 90210 Toxins

2003-04-30T22:00:00.000-07:00

Erin Brockovich and attorney Ed Masry have presented a report they contend proves that an oil derrick located adjacent to Beverly Hills High School emitted excessive toxins according to this Sacramento Bee report. According to the report, Masry has already filed claims against the school on behalf of a number of former students and plans to file more.

Talk Left Back Online with Posts on Moussaoui, Hawash and Patriot Act

2003-04-28T23:52:00.000-07:00

Talk Left is back online after technical difficulties with interesting posts on the Moussaoui trial (he has filed a "Motion to Know How the United Satan is Lying to Murder Me By Legal Means"), the Mike Hawash case (the detained Oregonian accused of Al Qaeda activities) and the Patriot Act.

Girardi & Keese and Other So Cal Law Firms Give Big to Democratic Hopefuls

2003-04-28T23:25:00.000-07:00

Girardi & Keese and other So Cal Law Firms have made big donations to democratic hopefuls according to this Metropolitan News Online report. According to the report, employees of Girardi & Keese which primarily represents plaintiffs in tort cases, have given at least $62,000, most of it to Senator John Edwards (D-N.C.)

Married Orange County Attorneys Melanie Blum and Mark Roseman Accused of Theft of Client Funds

2003-04-27T09:37:00.000-07:00

The LA Times has this report on the prosecution against Orange County attorney Melanie Blum and her husband Mark Roseman concerning alleged theft of client funds. Ms. Blum has hired noted crimminal defense attorney John Barnett to defend her.

LA DA's Polite Response To Los Angeles County Bar Task Force Report

2003-04-27T09:04:00.000-07:00

The LA DA has politely criticized the LA County Bar Task Force's recommendations for preventing police corruption in this press release. We previously reported on the recommendations here. While the LA DA applauds the intent of the task force, the DA points out that many of the suggested reforms require legislative action or constitutional amendment. Some recommendations are "patently unconstitutional or in contravention of state law" according to the DA's release. This criticism is likely directed to recommendations 1.1 and 1.2 of the report which call for a roll back or limitation on the use of hearsay evidence by police officers during preliminary hearings as authorized by the People of California in 1990 by way of Proposition 115 (the Crime Victims Justice Reform Act).

Morpheus Dodges Liability for Alleged Contributory Infringement

2003-04-26T11:57:00.000-07:00

Morpheus and similar peer-to-peer software distributors have avoided liability for alleged contributory infringement in a consolidated lawsuit heard in the United States District Court for the Central District of California action brought by a coalition of movie studios and music publishers. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. CV 01-08541-SVW (April 25, 2003), Judge Stephen V. Wilson ruled in an opinion now online courtesy of findlaw.com, that Morpheus users, much like owners of VCR's, use the file-sharing software for both legitimate and illegitimate purposes and the existence of substantial noninfringing use precludes liability against Morpheus for allegedly contributing to pirating music and other protected works. Judge Wilson also noted that the self-sustaining nature of the software and the inability of Morpheus to simply close shop and shut down the sharing also precluded a finding of liability. Judge Wilson's ruling relied heavily upon a prior Ninth Circuit opinion against Napster (A&M Records, Inc. v. Napster, Inc. 239 F.3d 1004 (9th Cir. 2001)) as well as the United States Supreme Court opinion in Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417 (1984) denying contributory infringement liability against Sony for merely selling VCRs.

Welcome to Readers of Law Web Saarbrucken

2003-04-26T09:34:00.000-07:00

Law Web Saarbrucken was kind enough to add So Cal Law to its directory and we have already had a few visitors. I had never previously heard of Saarbrucken so I checked out its official home page here.

So Cal Law Blog on Hiatus Until April 25

2003-04-19T21:52:00.000-07:00

So Cal Law Blog on Hiatus Until April 25

LA County Bar Recommends Reforms of State Law to Eliminate Police Corruption

2003-04-18T17:50:00.000-07:00

The LA County Bar Association has issued recommendations for reforms needed to eliminate police corruption according to this San Jose Mercury News report.

Ninth Circuit Grants Habeas Relief to Arrestee Detained for Five Years Without Trial or Preliminary Hearing

2003-04-18T17:07:00.000-07:00

The Ninth Circuit granted Habeas relief today to an alleged child molester who was detained for five years without a trial, preliminary hearing or sufficient explanation by the prosecution for the delay. In McNeely v. Blanas, No. 02-15860 (9th Cir. April 18, 2003) the Ninth Circuit found that the unexcused delay violated McNeely's Sixth Amendment right to a speedy trial and ordered dismissal of the charges with prejudice as to future criminal proceedings but without prejudice as to civil committment proceedings.

Scott Peterson Arrested and Authorities to Hold News Conference

2003-04-18T16:34:00.000-07:00

The Miami Herald is reporting that Scott Peterson has been arrested and that authorities are preparing to hold a news conference. The Washington Pos has further coverage here.

Summary of Day One of Trevor Law Group State Bar License Hearing

2003-04-17T20:12:00.000-07:00

The San Jose Mercury Press has this account on the first day of hearings by State Bar prosecutors seeking to revoke the Trevor Law Group's attorney's law licenses. According to the article, one of the arguments posed by the Trevor Law Group was that they were just trying to make a living: "Making money goes to the heart of the capitalistic system," said their attorney. For another view of these "capitalists" see our prior posts here, here, here and here.

Tommy Lee Avoids Liability in Child Drowning Case

2003-04-17T19:49:00.000-07:00

A Los Angeles Superior Court jury deliberated less than three hours before it found Rocker Tommy Lee free from liability in the wrongful death lawsuit arising from the accidental drowning of a child visiting his home according to this detailed Court TV account, this Reuters account as well as this Sacramento Bee account. Well-known plaintiffs attorney Thomas Girardi represented the parents of the child while James Baratta represented Tommy Lee.

More News on the Marvel vs. Sony Lawsuit Over Spiderman License

2003-04-17T18:10:00.000-07:00

We previously linked to the Drudge Report's post that Marvel was seeking to revoke Sony's license for the valuable Spiderman franchise. Superherohype has more background regarding the impact of this dispute over the currently filming of Spiderman 2.

AOL Sues Five Alleged Spammers

2003-04-16T18:21:00.000-07:00

AOL has sued five companies alleged to be sending SPAM emails to its members. Findlaw.com has posted the complaints online.

Marvel Revokes Spiderman License from Sony Pictures

2003-04-16T18:13:00.000-07:00

The Drudge Report is reporting that Marvel is, according to a sealed court filing with the Los Angeles Superior Court, attempting to revoke its valuable Spiderman license from Sony. There will be a hearing on Monday before Judge Alexander Williams, III, where Marvel will apparently attempt to enjoin Sony from further use of the license. The dispute apparently centers on merchandising.

Raiders' Lawsuit Finally Underway

2003-04-15T23:51:00.000-07:00

Opening statements were started in the Raiders' lawsuit against the various local governments, stadium owner representatives and the accounting firm that, together, allegedly lured Al Davis to leave LA with false promises of a sold out stadium according to this LA Daily News account and this account by the San Jose Mercury News.

Fry's Electronics Lawsuit Docket Now Online

2003-04-15T23:23:00.000-07:00

In an update to our prior post about the Arnold Schwarzenegger, Bruce Willis and Denzel Washington lawsuit against Fry's Electronics for alleged misue of images in newspaper advertisements, the docket for the case is now online. The trio of stars are represented by John Lavely of Lavely & Singer (the same firm representing Howard Stern in the "Are You Hot?" Lawsuit against ABC.

Ernie the Attorney on Deposition Taking for the Novice

2003-04-15T23:17:00.000-07:00

Ernie the Attorney has posted his primer for novice attorneys on taking depositions.

Political vs. Commerical Speech: Preview of Nike v. Kasky Arguments in SCOTUS

2003-04-15T19:58:00.000-07:00

Here is a good article on FindLaw.Com previewing the forthcoming oral arguments in the US Supreme Court reviewing the California Supreme Court decision in Nike v. Kasky regarding whether Nike's allegedly false public statements denying high profile allegations that Nike employed sweatshops to make its products are: 1) protected by the First Amendment as political speech or 2) mere commercial speech with less First Amendment protection. Findlaw was also kind enough to post Nike's petition, Kasky's petition and Nike's reply.

Second District Court of Appeal Opinion on Motions for Relief Based on Attorney Affidavit of Fault

2003-04-15T19:50:00.000-07:00

The Second District Court of Appeal ruled today in Luri v. Greenwald, No B154259 (Cal. 2d App. Dist. April 15, 2003) that a motion for relief based upon the mistake of an attorney must explicitly invoke the mandatory relief provisions of Code of Civil Procedure section 473 -- merely attaching a declaration indicating the attorney fault may have occurred does not compel relief by the trial court. In short, an attorney must either "fess up" to the mistake and obtain mandatory relief for her client or rely exclusively upon the discretionary standard for relief under section 473.

Appellate Brief Seeking to Reinstate Murder Verdict Against Marjorie Knoller is now Online

2003-04-14T19:51:00.000-07:00

In an update to our prior post, FindLaw.com has posted a copy of the California Attorney General's appellate brief seeking to reinstate the murder verdict against Marjorie Knoller in the SF dog mauling case.

More Thoughts on Friday's Ruling by First District Court of Appeal on "Case within a Case" Methodology in Malpractice Claims

2003-04-14T19:43:00.000-07:00

Lex Communis has posted his thoughts on Friday's ruling by the First District Court of Appeal as to the applicability of the "case within a case" methodology in legal malpractice claims.

California Prosecutors Attempt to Reinstate Murder Verdict in SF Dog Mauling Case

2003-04-13T10:02:00.000-07:00

California's attorney general's office has filed an appeal to reinstate the murder verdict in the San Francisco dog mauling case according to this CNN report and this Reuters report. The trial court had set aside the jury's murder finding against defendant Marjorie Knoller because of a lack of evidence as to Knoller's knowledge about the dangerousness of her dogs.