May It Please The Court
Quote of the Day - Don't stay away from church because there are so many hypocrites. There's always room for one more.
Architectural Acupuncture or Building Codes?Earthquake codes or Feng Shui? California may soon have both - well, as you can probably guess if you already don't know, we've got some pretty strict earthquake codes.
But soon, we may have Feng Shui codes, too.
All I can say is that it came out of San Francisco, not Southern California. State Assemblyman Leland Yee, Ph.D. proposed that we add Feng Shui to our state's building codes.
Here's the proposed legislation.
But, not everyone's happy about it. On the other hand, the Feng Shui practitioners at Yee's office may be, although they don't look it. The robed priests aren't smiling.
I have no worries, though. My office is already in compliance. The dragon sits on the left side of my desk. Temecula Assemblyman Ray Haynes commented that, "this [proposal] makes California look like a bunch of flakes to the rest of the nation."
Special K anyone?
The Dog Has The Better Case"It's not a dog and cat fight, and I'll show you proof of that," Richard Espinosa said in his opening statement.
Since a pet story appeared here on Friday, I thought I'd do a follow-up story. You know, that Pulitizer Prize stuff on series of articles.
Three years ago, Espinosa went to the library with his assistance dog, Kimba, a Labrador. When they entered, the library cat, L.C., attacked Kimba and scratched the dog. Espinosa, who is representing himself, sued the County of San Diego for $1.5 million. In the beginning of trial, after the Judge threw out his federal causes of action for violation of the Americans with Disabilities Act Espinosa reduced his claim to $15,000.
The Judge had earlier denied Espinosa's Motion for Summary Judgment.
Now, it's just a question of whether the jury will award Espinosa some scratch for Kimba's scratch. Highly unlikely, and what a waste of time.
To quote the San Diego Trib: "One man, who was not picked as a juror, said he didn't have any reason to be biased in the case but told the judge he had another concern.
'I wish it was the dog suing the cat,' the man joked. 'We've all used the word 'frivolous,' but I think the dog has a real case.'"
Allstate Can Discourage Hiring LawyersAre you in good hands with Allstate? The insurer recently won a case where a federal judge thought so. Some plaintiffs and lawyers think not.
In June 1998, Allstate sent Connecticut Plaintiff Donald J. Hipsky a copy of its "Quality Service Pledge" (QSP) after Hipsky had an accident with an Allstate insured. Hipsky was not insured with Allstate.
The pledge stated that "[b]ecause you have been in an accident with an Allstate policyholder, we will provide you with quality service." It also said Allstate would investigate the accident fairly and quickly, and make "an appropriate offer of compensation" for Hipsky's injuries if he "qualified."
Hipsky also alleged that an Allstate claims rep discouraged him from seeking legal counsel, telling him an attorney would merely reduce the net amount of his settlement. Not surprisingly, Allstate offered $3,500 and a "final" offer of $4,000 in June 1999. Hipsky then hired a lawyer, and settled for $25,000 two years later.
Hipsky then sued Allstate, but the federal judge ruled for Allstate on claims it breached an implied contract of good faith and fair dealing, and was engaging in unfair trade practice, unfair insurance practice, recklessness and fraud.
The federal judge also decided that Connecticut does not recognize a duty of good faith by an insurer to anyone who is not a policyholder, and that doing so would detract from the insurer's key obligation.
Just to add fuel to the fire, the American Trial Lawyers Association obtained an Allstate training manual containing scripted pitches and in-house averages reflecting that unrepresented claimants in matters under $15,000 averaged settlements of $3,464, while those with lawyers averaged $7,450. The ALTA has dealt with similar Allstate issues in Connecticut in the past.
Now you get to decide.
Get Your Pet's Prenuptial Agreement HereYes, I've had a dog and cats in the past. There. My kids are grown and out of the house now, too.
Do I qualify as a pet lover? Perhaps. But not by today's standards, apparently. Consider this: A woman bought a cat with her roommate. More than a year after the roommate moved out, the two became embroiled in a custody battle. Over the cat!
The woman won a five-figure settlement. "In a historic ruling, the court applied the best-interest standard, which is usually applied only in child-custody cases," her attorney said.
"The judge was sympathetic to animal rights, but didn't want to make a big splash out of it," the attorney said. "I had a 50-page brief in that case, and the last sentence was the kicker: 'You can't treat the breaking of the leg of a table the same way as breaking the leg of a puppy.'"
Now don't get me wrong here, and I said it above, I've had pets before. But five figures? Get real.
But, it gets worse. Check out the PetCustody website. You can download a pre-nuptial agreement for your pet. No kidding.
I'm still trying to get over the map of the Roadside Pet Cemetery.
Environmental Insurance Coverage Not CancellableSo, you find you've got leaking underground storage tanks and then when you apply for pollution coverage insurance, you forget to mention it.
Not surprisingly, the insurance carrier refuses to pay your claim, and sues to rescind the policy.
Sounds logical so far. But hold on, Bessie, that's not the rest of the story.
The Ninth Circuit just issued its opinion in the case, and the insurer lost. The Court ruled that the insurer cannot cancel or rescind the policy. Now, the insurer may be able to sue the insured for breach of contract damages, but it can't cancel the insurance.
It's a matter of public policy, and USEPA regulations (check "Termination"). The regs require insurers to honor all pollution coverage policies, even if there's been a misrepresentation. What's the catch, you ask?
No coverage in the future. Ever. Perhaps not the sternest punishment, but certainly a stiff penalty. Plus, the public policy of cleanup is furthered because (insurance) money will exist to conduct the cleanup.
Thought you had it all figured out in the beginning, didn't you?
Oxymorons - Government consultationTell me why this makes sense. The Endangered Species Act requires the government to consult with the government when it approves new pesticides.
Even beyond the right hand - left hand thing, the government doesn't conduct the consultations.
Now, it wants permission not to do the consultations anymore.
Check out the full story, and the proposed regulations. Almost oxymoronic.
Eternal Triangles in UtahI really don't like it when people that say "I told you so...", but I did. Back on the first of December, no less.
Perhaps not as early as Justice Scalia, but then again, he's on the Supreme Court, and I'm not. I'm just a lowly and occasional pro tem judge in Harbor Superior Court. But I saw it coming, too.
The case involves two consenting adults, male and female, who want to add another to the eternal triangle. Legitimately. But, Utah won't grant them a marriage license for a third person.
Their argument is that their polygamous desires are no different than same-sex marriages, which the Big Court has glanced at with last year's sodomy ruling. Interesting.
I just don't understand why it didn't happen in California first.
Gizmo Gadgets - New Wetlands Mapping SoftwareWe may think that trends start in California, but not this one. The Massachusetts Department of Environmental Protection's got us on this one.
They're converting aerial maps to digital bits and bytes, and then electronically reviewing those maps to determine if wetlands have been filled in illegally. MDEP has been pretty successful with this new program, to the tune of some $280,000 in fines against just two companies.
Findlaw has the full scoop.
Just don't get caught dumping fill into wetlands in Massachusetts - it can come back and haunt you years later. Here in California, we're still in the stone age with GIS maps, and we still think that advance was pretty cool.
Can't wait to see some of the new gizmo gadget maps here.