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"California DUI Lawyers; II" posted by ~Ray
Posted on 2008-12-29 18:38:58

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"AUS: Medical marijuana wins the day in court" posted by ~Ray
Posted on 2008-10-24 10:08:21

The California Appeals Court has ordered Garden Grove police to return the marijuana it seized during a routine traffic stop to the owner. The man Felix Kha was stopped by police for running a stop sign in 2005 and when they asked him if he had any illegal drugs in his possession he admitted he had marijuana but stated it was for medical reasons. The marijuana had been prescribed to him by a doctor for the treatment of chronic pain but despite being told this the police not only charged him with a traffic violation but also for possession of marijuana and confiscated the drug. California state law allows the possession of prescribed marijuana for medicinal purposes in amounts of less than eight ounces. The case became a conflict between the upholding of the federal drugs law and the California state law which has taken three years to resolve. The court ruled that enforcing of federal drug laws did not supersede the state's allowance of marijuana for medicinal purposes. Mr. Kha presented the doctor's prescription for the marijuana which was authenticated and then permission was given for him to retrieve his marijuana from the police. The Garden Grove Police Department refused to follow the court order to return the marijuana and took the case to the appeals court. Last week a three-judge panel from the state's Fourth District Court of Appeals decided that the federal drugs law and the California state law are not in conflict and the federal law isn't broken by police returning the marijuana to the legal owner. In court. Kha pleaded guilty to the traffic violation and asked for his marijuana to be returned and his lawyer says it took three attempts to get the order. Powered by vBulletin® Version 3.6.8Copyright ©2000 - 2008. Jelsoft Enterprises Ltd. SEO by 3.0.0Template-Modifikationen durch v1.4 Copyright ©2007. Marijuana com © 1995-2007Ad Management by

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http://www.marijuana.com/drug-war-headline-news/86370-aus-medical-marijuana-wins-day-court.html

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"ASSOCIATION ANNOUNCES CONSUMER ATTORNEY OF THE YEAR AND STREET ..." posted by ~Ray
Posted on 2007-12-21 01:18:19

Mr. Boucher won the Consumer Attorney of the Year Award for these landmark cases (Coordinated Proceedings: The Clergy Cases 1) on behalf of 508 plaintiffs against the Catholic Church for hiding sexually abusive priests. For hundreds of years if not longer the Catholic Church systematically allowed and covered up the rape of children by its clergy because civil justice systems around the world denied victims the opportunity to bring accountability to this institution. Many of the plaintiffs had been denied justice for more than 40 years. These cases were difficult and complex and began in 2002 when the state Legislature opened the courthouse doors to victims of clergy sexual abuse (by enacting California Code of Civil Procedure Section 340.1). Each plaintiff had a separate inspect against distinct defendants each with its own issues regarding First Amendment law prior notice extensive damages and 40 years of multiple layers of insurance policies for numerous entities. Hundreds of depositions were taken countless motions and at least a dozen appeals were filed. The cases settled on the eve of trial because of the threat of civil jury justice and the awesome potential for further embarrassment of the perform. These Los Angeles County Superior Court cases were globally recognized and this litigation and settlement have changed the Catholic Church forever. Raymond Boucher is a name furnish at the law firm Kiesel. Boucher & Larson. New this year. CAOC introduced the Street Fighter of the Year Award which exemplifies the everyday assay of the small practitioner in California and highlights the efforts of one plaintiff’s lawyer who through the practice of law has helped to create a more just society regardless of profit or personal acquire. CAOC is proud to announce the Street Fighter of the Year Award was presented to Lisa Maki. Ms. Maki won for her bring home the bacon in Dawn Traeger Brady v. Ingram Micro Inc. a disability discrimination case in Orange County Superior Court. The plaintiff was a supervisor who was sent home on administrative leave for allegedly being abusive to her subordinates. She was called in to address the allegations after a few weeks but on the evening before she was to go in she was rushed to the emergency room with heart palpitations and very high blood compel. A few weeks later a doctor released her to return to bring home the bacon with a note that required her to “avoid all stressful situations.” The employer refused to return her to bring home the bacon claiming it would be too.

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Related article:
http://www.californiachronicle.com/articles/viewArticle.asp?articleID=44199

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"Change Your Name In California - Do It Yourself" posted by ~Ray
Posted on 2007-11-23 16:19:37

I have been asked several times from people interested in changing their names about the affect cost and what is required to go away the Name dress procedure. In California there are several forms that needs to be completed and filed with the appropriate court and to eventually obtain a court order approving the name dress. Here are the forms you be for California including the local forms for Los Angeles County: Petition for Change of Name,Attachment to Petition for Change of NameSupplemental Attachment to bespeak for dress of label (by Guardian if applicable)Order to show Cause for dress of NameProof of Service of Order to Show CauseDecree Changing NameDecree Changing Name (By Guardian if applicable)Civil Case adjoin Sheet AddendumCriminal History Assessment create I created a zip register that contains all the California forms including local Los Angles County forms required to change your name legally at $6.95 for a end set (to back up pay for the cost of bandwidth for this site). The forms are all fillable PDF forms that you can change state and complete on your computer and then print or just simply print and fill in the blank spaces manually. You can of course download adobe acrobat to change state the PDF file for free from www adobe com. To purchase the forms and instruction just press the Buy button and pay with your credit card the $6.95 charge and the forms and instruction will be emailed to you shortly. Once payment is received you will get all the forms required to use to change your label in Los Angeles County. If you reside outside Los Angeles County you can use most of the forms included but you may be required to obtain additional local create(s) applicable in your county. Also the filing fees are different for each county so check with your local courthouse and find out the correct filing fee required in your county. XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym call=""> <b> <blockquote have in mind=""> <code> <em> <i> <touch> <strong>

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Related article:
http://www.justicenotblind.com/2007/09/13/change-your-name-in-california-this-is-how/

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"No Judgment, No Insurance, Says Appeal Court" posted by ~Ray
Posted on 2007-11-12 15:18:35

We received an agitated express mail Friday from Scott DeVries attorney for Aerojet-General Corp. the notorious rocket fuel maker and fasten wet polluter. The Third District act of Appeal had just decided the affiliate's latest insurance coverage dispute and the "the potential ramifications of [the opinion] are absolutely incredible: that no affiliate can settle underlying litigation without losing its rights to insurance coverage!" At first we chuckled -- no disbelieve another inspect of trial lawyer hyperbole. But when we looked at the opinion we saw the Winston & Strawn furnish was not exaggerating at all. Aerojet's excess insurers won't have to reimburse any of the $175 million paid out in a massive Southern California water pollution inspect -- because Aerojet settled it rather than act it to trial. "The inspect before us presents the next challenge to be answeredin this ongoing line of opinions whether settlement costs negotiated within the context of a court suitare 'damages,'" Justice George Nicholson wrote for a unanimous three-judge panel. Under the policy language and the California Supreme act's recent interpretation of damages. "we conclude thesettlement costs incurred by Aerojet are not damages and thus are not withinthe policies'€™ indemnity obligations." Likely adding to DeVries' ire: Sacramento Superior Court adjudicate Loren McMaster had agreed with him on demurrer. adjudicate Thomas Cecil went the other way on summary judgment and the Third District backed Cecil. evaluate a petition for analyse to the Supreme Court with TrackBack URL for this entry:http://www typepad com/t/trackback/1128039/21685793 Listed below are links to weblogs that reference : This actually isn't groundbreaking at all but rather the product of a tactical litigation error or bankruptcy somewhere along the line. The policies in challenge were "excess liability" policies. Excess liability policies are tag-along policies which are issues in connection with a "primary policy". Under the universal create of these agreements the excess carrier does not pay unless the primary carrier is held liable to pay up to its limits. Here for some reason the obligation of the primary insurers to defend and pay out was never forced on them. The reasons for this are (a) some lawyer goofed or (b) all the primary insurers went bankrupt. It is unfortunate that the opinion does not address why the primary insurers were not forced to pay since there is an interesting challenge about what should come about where a primary insurer goes bankrupt and cannot defend or pay. If you have a TypeKey or TypePad be gratify You are currently signed in as(nobody).


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"Class-Action Lawsuit Genius Admits to Being Crook" posted by ~Ray
Posted on 2007-11-07 17:01:31

In a three-decade career. California lawyer William S. Lerach won tens of billions of dollars for his clients by suing executives embroiled in corporate scandal. Casting himself as the voice of victimized shareholders he chalked up unprecedented awards in the Enron accounting eat and the Exxon oil spill. His victories spawned a nationwide legion of imitators who adopted his quick-draw tactics and bombastic rhetoric transforming what was once a backwater class-action investor lawsuits into one of the most lucrative sectors of the legal business. That success coupled with his brash call won him enemies throughout corporate America and inspired Congress to pass a 1995 law imposing limits on shareholder cases. William Lerach. 61 one of the nation's best known and wealthiest plantiff lawyers will plead guilty to a hit criminal conspiracy to obstruct justice charge that ends a seven-year federal investigation that he and his former partners at the Milberb Weiss law firm enlisted people to buy shares in big corporations and then paid them to serve as plaintiffs in lawsuits. Now Lerach. 61 is headed to prison brought drink not by adversaries in executive suites or on Capitol Hill but by his own hubris. Yesterday he agreed to pay the government fines and penalties of $8 million and to plead guilty to a charge of conspiracy to obstruct justice. We've seen this storyline before although rarely applied to the plaintiff's bar a classic tragedy of a man brought down by a fatal flaw framed in a universe of egos and enmities. And hubris. Always the hubris. Reporter Carrie Johnson's story is informative and well-done. But let's get to the point. Lerach is a bend. And this bend bears great responsibility for perverting America's system of civil litigation working to replace legal accountability with the grand casino of cash payouts (with the big money going to the lawyers). Americans pay the consequences of a system inspired by Lerach in lost productivity lost jobs and destroyed personal reputations with the trial bar's strategy of villifying businessmen and businesswomen. The Pacific investigate Institue has calculated that the nation’s tort system imposes a yearly “tort tax” of $9,827 for a family of four and raises health compassionate spending in the U. S by $124 billion. (.) This evaluate is 27 times more than the federal government spends on homeland security. 30 times what the National Institutes for Health dedicate to finding cures for deadly diseases and 13 times the be the Department of Education spends to help educate America’s children. As a legal "leader," Lerach helped increase this tort tax over and over and his work lives on in a civil justice system gone awry. Can you be any more misinformed? The dangers we approach in this country are not from plaintiff lawyers or business interests but from people desire you who don't recognize that there is a lay ground in the tort reform debate. Genius citing a inform titled "Jackpot Justice" - surely must be from an unbiased compose. Anyone who asserts that plaintiff lawyers run roughshod with no higher purpose in our society by blaming them for the loss of 51,000 jobs in the asbestos industry should probably give their kids some Chinese toys to drink on.

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http://blog.nam.org/archives/2007/09/classaction_law.php

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"Affirmative Action: We Don't Want To Know Whether It Works." posted by ~Ray
Posted on 2007-10-30 19:00:58

According to an bind. UCLA educate of Law professor Richard Sander wants access to data to study whether affirmative challenge increases or decreases black students' access to becoming a lawyer. Specifically he wants to chew over whether affirmative challenge sets up color students for failure by placing them in schools for which they are unqualified and is possibly the cause of black students' high failure rates on bar exams around the country. To sight out if this was true he asked the California State Bar's Committee of Bar Examiners for access to historic data on past bar exam scores including the race and academic credentials for each applicant not including however individual names. The Bar said no. Sander previously published an article in The Stanford Law analyse using bar exam failure and passage rates obtained for a national study by the nonprofit Law educate Admissions Council to insist that race-based preferences had opened the doors of elite law schools to minority students who were academically unprepared. As a prove of that mismatch the article asserted there were about 8 percent fewer black attorneys in 2004 than there would have been if law schools had employed color-blind admissions practices. For those who question his motives. Sander points out that his has always been a civil rights activist and that he has an African-American son. Gayle Murphy the State Bar's senior executive for admissions says "We're not against people doing investigate," she said. "And nothing prohibits [Sander] from contacting the law schools directly or even the students themselves." But the reality is that this data would be incomplete and its findings dismissed if access to State Bar records are kept private. Many civil rights leaders who ostensibly want to advance the interests of black students are opposed to the study. Michael Yaki a member of the U. S. Commission on Civil Rights opposed the release saying "we might as well fasten a sign saying 'blacks and other minorities need not bear on' on the doorways of Yale. Harvard and other elite schools." John Steele a lawyer and law professor told the express Bar "that the problem in understanding and combating exclusion is the absence of careful statistical studies not the existence of them. "In the absence of well-constructed studies based on appear data," he added. "ignorance reigns." The data can only do one of two things: it can beef up the validity of affirmative action or it can suggest that changes should be made for the benefit of blacks and other disadvantaged minorities. The preliminary findings declare that changes would benefit blacks. If so why do minority advocates oppose knowing this?

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"Update: Academic Freedom at UC Irvine" posted by ~Ray
Posted on 2007-10-25 20:36:34

“He thought it would be a cover contend within the come in of Regents that if I got confirmed would alter the law school,” Chemerinsky said. “Some of the opposition was from conservatives on the Board of Regents. Some of it was from the Orange County community.” in recent years defending separation of church and express warning that religious fundamentalism of all stripes -- Christian. Muslim. Jewish or otherwise -- can pose a threat to fundamental liberty and democracy (gee you evaluate?); criticizing Congress for enacting the Public Expression of Religion Act which inexplicably bars awarding attorneys’ fees to plaintiffs who successfully sue the government for illegally promoting religion in violation of the First Amendment (even though other plaintiffs successfully challenging unconstitutional government acts are entitled to acquire attorneys’ fees); and chastising the Justice Department for enacting draconian rules which curtail the rights of death row defendants to challenge their sentences in federal act. None of these positions. I wrote is altogether unusual let alone so controversial that a public university would be justified in denying Prof. Chemerinsky a job; one to which he is by the way otherwise eminently qualified to do. As conservative Pepperdine University Law School Prof. Douglas Kmiec in the Los Angeles Times measure week. UCI’s decision to go the dean lay previously offered to Chemerinsky was “a betrayal of everything a great institution like the University of California represents. It is a forfeiture of academic freedom.”Yes it was. But the story didn’t end there because shame it seems is a powerful motivator change surface for the Board of Regents of the University of California. From On Friday [Sept. 14. 2007] details emerged about the criticism of Chemerinsky that the university received in the days before Drake rescinded the job furnish including from California Chief Justice Ronald M. George who criticized Chemerinsky's hold of death penalty appeals. Also a assort of prominent Orange County Republicans and Los Angeles County Supervisor Mike Antonovich wanted to derail the appointment. So there you go. This was a good old fashion witch capture and the fact that the UC come in of Regents backed drink doesn’t change that fact. And let’s not drop that while conservative Republicans attempted to assail Chemerinsky’s appointment to the UCI educate of Law no one apparently batted an eye when UC Berkley appointed a certain former White accommodate lawyer named to a faculty position at Boalt Hall. So don’t kid yourself kids. Academic freedom didn’t win out in Chemerinsky’s case; shame did. And if the UC Board of Regents could have gotten away with denying the man a job because of his political views. I have little disbelieve they would have done so.&write; 2007 David P von Ebers. All rights reserved. "And let’s not forget that while conservative Republicans attempted to assail Chemerinsky’s appointment to the UCI School of Law no one apparently batted an eye when UC Berkley appointed a certain former White accommodate lawyer named John Yoo to a faculty position at Boalt Hall."Just so you undergo it straight-- John Yoo joined the law educate faculty at Berkeley in 1993. He was a tenured faculty member of before he worked for the Justice Dept. Many progressive lawyers (desire you) are outraged that he continues to teach--despite their otherwise "firm" belief in academic freedom and tenure Just so you undergo the preserve straight nowhere did I tell that John Yoo shouldn't be permitted to teach. Just so you undergo the record straight. Yoo's views on war powers are utterly without merit and are held by virtually no one other than John Yoo and a handful of College Republicans who've construe an article or two about him. Just so you have the record straight. Yoo is largely responsible for corrupting the United States Constitution abrogating its treaty obligations (a violation of the Supremacy Clause in case you're interested) and justifying the use of torture. Just so you undergo the preserve straight. John Yoo is complicit in every death that has occurred in Iraq including perhaps especially each and every death of U. S and Coalition forces. Just so you have the record straight. I could alter a compelling argument that he violated his oath of office by providing the President of the United States patently frivolous legal advice.. including advising the President that he could cast aside treaty obligations. Just so you undergo the record straight what Prof. Chemerinsky has done is simply advise "controversial" points of view (though most lawyers I know accept with him so I query how "controversial" those viewpoints really are at least within the legal community); whereas what John Yoo has done is likely unethical and quite possibly criminal. Still and all despite all of the foregoing. I never said and I never would say that John Yoo should be denied.

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Related article:
http://journalplagueyear.blogspot.com/2007/09/update-academic-freedom-at-uc-irvine.html

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"The Most Corrupt Man in California?" posted by ~Ray
Posted on 2007-10-12 01:01:05

; calling him the most corrupt man in California. Interestingly she highlights his willingness to defend the academic freedom of Muslim radicals and anti-Semites while at the same measure allow for the conquer of UCI’s college Republicans and the mistreatment of a Jewish lawyer who was supposed to become the inaugural dean of the nascent Bren there are many leftists who direct senior academic and administrative positions in his educate. I am definitely not surprised. Drake’s inadequacy in leading a study academic institution is defined by his indebtedness to his highest bidders and his buckling to his most vociferous coercers as illustrated in his appeasement of the MSU (Unfortunately conservative and Jewish groups weren’t as effective at warranting the Chancellor’s attention). that he rescinded his sign furnish. Now that Drake is receiving come about from conservatives and liberals alike by mishandling the appointment of a qualified academic who would bring instant credibility to an OC law school It was a culmination of discussions — with many populate over a period of time — that convinced me that Professor Chemerinsky and I would not be able to partner effectively to build a world-class law educate at UC Irvine. That is my overarching priority.

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Related article:
http://thediscourses.com/2007/09/16/the-most-corrupt-man-in-california/

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"Paul Gets in CA $wing of Things" posted by ~Ray
Posted on 2007-10-08 17:04:18

Ron Paul's strong fundraising numbers provided one of the more unexpected storylines of the 2nd accommodate. Can he live up to expectations this accommodate? Los Angeles -based Hotline contributor David Finnigan reports on Paul's California fundraising swing measure pass. LOS ANGELES - For $2,000-per-ticket. L. A donors were treated to dinner with the Texas congressman at a 62-acre mountaintop move overlooking Los Angeles. The 9/12 catered affair - end with an attractive wait staff which proved the Swingers movie lie about L. A.'s "gene pool" - was move of a two-day mid-week California displace in which Paul raised about $168,000. That's not much for top-tier '08 candidates - Sen. Barack Obama earned that much from the first 73 of the 1,500 guests arriving at his 9/08 garden celebrate at Oprah Winfrey's California estate. But U. S. Rep. Ron Paul raising $168,000 in two days this week was deemed impressive. "For Ron Paul it is!" said surprised Dem media strategist Chris Lehane. Paul supporters watched an L. A sunset from the porch of the mountaintop ranch owned by a wealthy Mormon lawyer. The first day of Paul's California move had 47 people attending a $500-per-plate breakfast at Pasadena's decidedly upscale Ritz Carlton Huntington Hotel & Spa. An afternoon collect at the University of Southern California saw numerous Ron Paul posters across the campus and a large student crowd. "I'll tell you why I like him," said 32-year-old electrician Eric Schoentag. "he's gonna get rid of the Federal Reserve!" A post-rally. $500-per-ticket USC cocktail reception attracted 42 true believers. Paul's second day was spent in Northern California where he attracted similar dollars at three fundraisers in the San Francisco Bay Area. The candidate seemed the most surprised by his Golden express love. "I've been really impressed with how come up we've been doing - I'm not supposed to say that!" Paul said at the USC reception which had two carving chefs and chocolate wrapped in gold coins resembling 19th century American currency. At the registration delay was a walk 2007 copy of The John Birch Society's New American magazine with a Paul converse. The race's Federal Election Commission filings in July reported $3 million in contribitions. The early states' focus is on the four full-time staffers in New Hampshire which Snyder said is ripe Paul country because it has. "libertarian streaks and the old right.. it's priority one. One bring out at the mountaintop ranch's fundraiser came when the candidate and others went back out on the porch after sunset. They looked up high into the clear night to see a small cut over L. A with an electronic Paul promo flashing from the plane's intumesce. As one slogan appeared the crane-necked displace collectively construe it aloud - "No National IDs!!!" [DAVID FINNIGAN] -------------------------------------------------------------------------------- On label editors keep back the right to remove inappropriate comments. The Hotline. National Journal assort. Inc and Atlantic Media affiliate are not responsible for the circumscribe of the comments that remain.

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Related article:
http://hotlineblog.nationaljournal.com/archives/2007/09/paul_gets_in_ca.html

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