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Legal Briefs | Los Angeles Attorneys


Los Angeles Attorneys, Lawyers, Legal Firms, and Judicial Updates
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This section contains the latest news and information related to attorneys, lawyers, law firms, and judicial events in the greater Los Angeles area. This information includes individual lawyers as well as law firms and legal teams. Locate the latest updates from prominent law firms and private practice attorneys in the LA area. The information in this section also includes judicial rulings as well as case settlement information in the Los Angeles court system.

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Southern California Residents Hit by a Car Can Get Compensation for Injuries from Many Sources

In Los Angeles, there are many things that can cause a car accident. It is particularly distressing when you are injured because of a drunk driver. At Rice & Bloomfield, it is our job to ensure that you are properly compensated if you are injured by another driver. A problem which can often arise is when the person that hit you does not have enough insurance, or sufficient assets to pay a settlement.

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A case just settled where a restaurant agreed to pay for injuries caused from a drunk driver, who was served too much alcohol. The attorneys argued that the restaurant sold alcohol to the patron when they should have known she was already drunk. After getting drunk in the restaurant, the patron got in her car and ran head-on into on-coming traffic killing an innocent person driving the other direction.

Although the drunk driver was convicted and sentenced to three years in prison, the settlement helps to provide compensation to the family that was otherwise not available.

It was because of a careful and tenacious lawyer that the family got some justice, and restaurants were sent a clear signal about their responsibilities.



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Los Angeles Rains Cause Increase in Collisions

los-angeles_lawyer.jpgIt has been a couple of weeks of heavy rain in Los Angeles. Here in the San Fernando Valley, we had days of wet weather. Although the sun is finally shining, there was a significant increase in the number of car accidents as a result of the weather.

If you are involved in a collision, you should remember a few simple things to do:

First, after the collision, move you car off the road to safety. You should not be walking around on the road in traffic.

If someone is injured, call the police or the highway patrol.

Exchange information with the other people involved. Try to get the following information: License plate numbers; make and model of each car; driver? s license numbers; insurance identification, including name of insurance company, broker or agent, and policy number; names, addresses and phone numbers of witnesses and names and badge numbers of police officers or other emergency personnel.

Take some notes at the scene of how the collision happened. If you have a camera take some pictures of the area where the collision occurred, the damage to the cars, and the people who were involved.



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Selecting a Lawyer When Injured in a Los Angeles Car Accident

There are many auto accidents in the San Fernando Valley, and throughout Los Angeles. Every day, unsuspecting people are injured in a car crash. These are people that never thought about hiring a personal injury lawyer and now must quickly find an attorney to assist them.

Finding the right lawyer for you when your injured in an automobile collision can be a challenge. Typically, the auto accident victim is injured and in pain, and may no longer have transportation. Crashed car front end (Large).jpg

Usually finding the right attorney for you can just add to the challenges you are facing.

This is the first in a series of posts intended to help you in finding the right attorney for you:

Experience: Make sure that the attorney has handled your type of case in the past. Not only should your attorney be experienced with representing people who have been injured in a car crash, but the attorney should be a trial attorney. That is, the attorney should be experienced in trying cases.

While most automobile collision cases settle without litigation, some do not. If your attorney is not experienced with trial work, he may not be ready to try your case. If your attorney cannot try your case, he is going to have to eventually recommend a settlement offer to you, even if that offer is not fair compensation. He will have no choice because he will not be able to take that matter to trial.

Worse, once the insurance companies identify that lawyer as someone who will always accept a settlement, they will offer less and less to his clients. Not every case needs to go to trial, but your attorney needs to be experienced with going to trial.

I will be posting more articles in the coming weeks discussing other things to look for when evaluating an attorney.



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Los Angeles Metrolink Train Crash: Death and Injury

September 12, 2008, in Chatsworth, in the San Fernando Valley, eighteen people were killed and scores injured because a Metrolink train failed to yield the right-of-way to a freight train in Chatsworth. The commuter train, which had become more popular with the recent rise in gas prices, was traveling from Union Station in Los Angeles to Moorpark with more than 220 people onboard. At this time, it appears that the crash occurred because the either the Metrolink train violated established protocols or a signal malfunctioned. The investigation is continuing.

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Los Angeles Metrolink Commuting: Is it Safe?

The Chatsworth crash between a Metrolink commuter train and freight train, which has killed at least eighteen and injured more than 130, is not the first deadly accident to occur since Metrolink began operating in 1992. In 2005, eleven people died when two Metrolink trains and a freight train collided in Glendale. That accident was triggered when Juan Manuel Alvarez parked his Jeep Cherokee on the tracks in what he said was a suicide attempt. He has since been convicted of murder. Los_Angeles_Train_Crash.jpg

Metrolink was faulted for its configuration of the commuter trains, some of which are pushed from the back in a "pusher configuration," leaving passengers in the first car vulnerable in any collision. Lawyers and experts argued that, if the heavier engine was in front, fewer passengers would be at risk. As a result, Metrolink roped off the first car in some of its trains. Today, passengers are permitted in the first car of a "pusher configuration" car, but only in the rear portion.

While it is unclear whether the Metrolink train involved in the Chatsworth crash was a "pusher configuration" type train, it is clear that seating in the rear of Metrolink commuter trains is safer than sitting in front


Rice & Bloomfield Joins Chatsworth Metrolink Train Crash Investigation

As rescue efforts are completed, the process of carefully investigating the cause and blame for the September 12, 2008, Chatsworth Metrolink crash begin. To ensure that its clients and future clients are protected, Rice & Bloomfield has already joined in the investigation effort. Every member of the investigation team has their own agenda. We do not work for the City of Los Angeles, the County of Los Angeles, or Metrolink. Our only interest is to protect the rights of those people whose lives were forever changed when they were injured or lost a loved one from this horrible crash. Chatsworth_crash_investigation.gif
Getting involved early puts us in the best possible position to make sure our clients are properly compensated as the culprit responsible for this Metrolink train crash is determined.


Los Angeles Metrolink Crash Caused by Driver's Negligence

The death toll in the Los Angeles Metrolink commuter train crash has risen to 24 with scores hospitalized. Negligence on the part of the Metrolink engineer, who failed to stop the train at a red signal, is the likely cause of the crash in the San Fernando Valley on September 12, 2008. The engineer responsible for the collision died in the accident, but it is clear that the freight train that crashed into the Metrolink train had the right-of-way. The number of dead is expected to rise as rescue personnel continue to sift through the wreakage. It is unlikely that any more victims will be taken out of the wreck alive.


Los Angeles Driver's Insurance Still Safe with AIG

San Fernando Valley drivers who have been involved in accidents, who are insured with AIG probably have little need to worry about their coverage. The comfort should also go to all Southern California drivers who were injured when hit by a driver insured with AIG.

With the government bail-out of the troubled insurance company by lending it $85 billion dollars, AIG policyholders, and those entitled to compensation due to the negligence of an AIG insured driver will be protected. At least for now, the company remains solvent. AIG will sell off assets to service this new loan, and it is expected to survive this disaster.Los_Angeles_Drivers_AIG.jpg


With a 52 week high of $70.13, AIG's stock closed today at $2.05. Surely the company has a lot of rebuilding to do.


Driver's in Woodland Hills Must Cooperate to Keep Kid's Safe

Too many Encino auto accident's result from Los Angeles driver's being selfish. Saving a minute for yourself may put someone else, or their children at risk.

Yesterday was the Halloween carnival at my children's elementary school. The school is at the top of a hill on a blind corner. A child was killed by a car at this location in the past five years. The school takes safety very seriously.

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As I was walking my family to our car after the carnival, I saw a horrifying site.

A woman is picking up three children in front of the school. She parks her car on Lanai Road northbound (across the street from the school). She hits the button to flash her hazard lights because she knew she was creating quite a danger. She leaves her car and walks to the sidewalk and shoos the kids to her SUV. She sends them to cross Lanai Road by themselves at a blind corner as traffic backs up behind her SUV. They get in the car while the mother remains talking to someone in front of the school.

Other cars are waiting for because she is blocking the only lane of this blind corner at the top of the hill. Eventually traffic starts going around her car. Each car crosses over the center line into the on-coming traffic lane risking serious collision so that this mother is not inconvenienced.

Had there been a collision it would have been no accident. Had there been a collision, her kids probably would have been safe in that SUV. Pumpkin_car_accident (Medium).jpgIt would have been the other cars that would have crashed, and the force of the impact could have pushed them onto the sidewalk to kill someone else's innocent children.

I do not know who that woman is, and even if she reads this, I doubt someone that selfish cares enough to change her behavior.


Don't be that mother. Please think about how your actions put others at risk. I have to trust you to keep my kids safe. Take care of my kids and I will do the same for you.

Have a safe Halloween.


In Los Angeles, Can I Sue a Grocery Store Where I Fall, If I Do Not Know Why I Fell?

As a personal injury lawyer in Los Angeles, we are often asked this question whether a person can sue a grocery store if they have fallen. The answer is, it depends. Slip and fall cases, or trip and fall cases, are referred to as premises liability cases. Like most accident or injury cases, to prevail in a premises liability case we must be able to show that the property owner was negligent, or not careful, and that your fall resulted from that negligence. There are several ways we can do this.

However, we must know why you fell first. Many times people just fall. It may have been the person walking that was not careful. Kids fall all the time as they are learning to walk. As we get older, it happens less frequently, slip and fall in san fernando valley.JPGunless you are not watching where you are going, or someone has made it dangerous. So the first question is: ?Why did you fall?? Were you careless, or did someone else create or maintain a dangerous condition?

If you were careless, then you do not have a claim or anyone else to blame. That makes sense and that seems fair.

If you were acting reasonably, but someone made it dangerous, then there may be a case. The first question is whether the condition was unreasonably dangerous. What is the likelihood that someone would be injured by that condition, and how difficult is it to eliminate that harm.

Also, we must show that the property owner either knew or should have known about the dangerous condition or created the dangerous condition.

Finally, where a condition is obviously dangerous and visible, you have a responsibility to avoid the dander and an owner can defend itself by claiming that even if it was dangerous, you should have seen it.

When you are not sure if you have a claim or not, often, the best solution is to talk to a personal injury attorney. Every accident attorney should offer a free consultation.


Southern California Rain Causes Many Accidents

As personal injury attorneys in Woodland Hills, we get too many phone calls from people injured in automobile collisions in the rain. Certainly there is nothing good about being in a crash. When it rains here in Southern California, you should take simple precautions to do what you can to make sure you are not injured in a car accident.

The most obvious tip is to slow down. Unfortunately, while everyone knows this is the safest suggestions, in our busy lives, it is also the tip we are mostly likely to forget. Leave a little earlier (after all, there is going to be more traffic) and drive a little slower. Encino accident in rain.jpg

This is especially true in the first rain following a dry spell. When it is dry, there is a build up of oil and grease from cars on the road. When the rain hits this, it makes the road very slippery. The first few hours are exceptionally dangerous.

Another good suggestion is to brake earlier than you normally would and use less force. Not only does this give you more time and distance to stop between you and the car in front of you, it lets the person behind you know what you are doing earlier and allows them to make sure they can stop without hitting you.

Some other valuable suggestions to help you from being involved in an auto accident on a rainy day are stay towards the middle of the road, do not use cruise control, avoid driving through large puddles, tap your brakes gently after crossing a puddle to help dry your brakes, turn on your headlights, and never brake suddenly.

One final suggestion that is often overlooked is to make sure your windshield wipers are in good condition. Wiping the windows with a wiper that leaves them smeared and worse than when you started only makes driving more dangerous and accidents more likely.

Be safe out there.


Woodland Hills Employees Wrongfully Terminated Must Face At-Will Employment Limitations

Los Angeles and all of California, are seeing the same changes in the economy that is seen across the country. Unemployment is up, which means people are losing their jobs.

When you lose your job, it is only natural to think that your employer has done something wrong. They have made a mistake and should not have fired you. The next step is considering whether you have legal recourse against your employer for wrongful termination.

Sherman Oaks Employee Fired.jpgThe first thing you must understand is that California is an ?at-will? state. That is, absent a written contract stating otherwise, you have your job at the will of your employer. Your employer may fire you at any time. They may or may not have a reason for firing you. They do not need to have a reason. If they have a reason, almost any reason is fine.

We often get calls from people who were fired where they feel it was not just. They were doing a better job than other people that were not fired and they think they were fired because one person who is messing up the company just did not like them. It was a bad business decision. The reality is, under California at-will law, a company is allowed to make bad business decisions and can fire you when doing so will hurt the company.

What your employer cannot do, is fire you if you have an employment contract that states they can only fire you for limited specific reasons. Your employer cannot fire you based on your age, race, sex, religion, national origin, or disability. Your employer cannot fire you because you reported some type of wrong-doing in which your employer was engaged.

The economy is impacting everyone. Now is a good time to have a job. Keep in mind that you may be an at-will employee which should have some impact on your behavior and performance in the workplace. If you have a conflict, and you are thinking you cannot be fired because you are such an asset to your company, you would be well served to know if you are an at-will employee.


San Fernando Valley Motorists Are Prohibited from Using a Cell Phone While Driving

Driving in Los Angeles while holding a cell phone is a bad idea. Holding a cell phone to your head not only affects your concentration, but also restricts your ability to check your blind spots and turn the wheel. It is no surprise that there is a correlation between holding a cell phone while driving and auto accidents.

San Fernando Valley driving on phone crash.jpgLast July, a new law came into effect which prohibits talking on a cell phone while holding it. It is worth commenting on this new law because as I drive around the streets I still see people holding their cell phone and talking while driving. I suppose much like when the seatbelt law came into effect, it will take some time before people figure out that this law does have a purpose and it makes sense.

Oddly enough, this law does not prohibit reading and writing text messages while driving. Fortunately, that has been rectified and now it is unlawful to text message while driving.

Los Angeles Cell Phone.JPG These new laws have been a boon to the Bluetooth industry which has seen huge sales increases in the past year. There has also been a terrific improvement in the quality of these devices. There are many low-cost good-quality Bluetooth devices available which make it legal to use your cell phone while driving.

Although it?s too late for drivers who have already suffered personal injuries in auto accidents, a side benefit to this law is that it has increased awareness in the dangers of driving while holding a cell phone. This alone has helped reduce the number of car crashes in California. Until drivers adopt this new law, there will be still be a high need for Los Angeles Auto Accident Attorneys.


Significant Risk of Elder Abuse in Los Angeles

The San Fernando Valley?s elderly population is in serious danger. Of the 419 nursing homes in Los Angeles, only 17 facilities were in full compliance with federal safety standards. Many nursing homes violate standards that create a real risk of injury or death to their patients. Seventy-six percent did not provide adequate staffing for the dependent adults in their care. This has resulted in medication errors, life-threatening bed sores, and failure to timely treat medical conditions at an early stage, put the 34,000 resident of Los Angeles? nursing homes at an unacceptable risk.

Recognizing that the elder population is particularly vulnerable to abuse and neglect, California ?elder abuse? law provides an effective means for holding nursing homes liable for the injuries they cause. When regulators don?t have the resources to enforce laws designed to protect elders, elder abuse lawyers sometimes get involved. Unfortunately, that usually does not happen until a family member is injured or dies.

Elder Abuse Los Angeles.jpgIf you are in a position where you may have to place a loved one in a nursing home for care, there are some things you can do. First, do your homework. There are a number of resources on the internet about nursing homes in Los Angeles County. One is the ?Long Term Care County Data Book,? which you will find at http://www.caads.org/ltcdata/ltc_data.html. Visit several nursing homes and interview the staff. Ask for references. Talking to the family members of other residents will let you know how satisfied, or not, they are with the care at the facility. Finally, contact DHHS to find out whether the nursing home is in compliance with State and federal laws and whether they are aware of any serious complaints about the facility. San Fernando Valley Elder Abuse.jpg

If you have a family member living in a nursing home, there are a number of things you can do to help protect him or her. Be vigilant. Frequent visits at different times of the day and night will give you the best snapshot of the quality of care the nursing home delivers. Establish a relationship with the nurses and nurses? aides responsible for your loved one?s care. They are more likely to be conscientious if they have a connection to you and your family. Investigate any complaints made by the resident. If the complaints are frequent or unresolved after a reasonable time, submit the complaint to the Department of Health and Human Services (DHHS). You can find a form for this at http://www.dss.cahwnet.gov/cdssweb/entres/forms/English/SOC341.pdf

If that suggestion is not helpful, you may want to consider consultation with a qualified elder abuse attorney in your area.


Hermosa Beach DUI By Fireman Results In Reversal Of Job Loss

A Los Angeles judge allowed a Hermosa firefighter to return to work after he reversed a Civil Service Commission ruling. The judge found that Sheldon Osekowsky, a 22 year veteran firefighter, was improperly fired a Southern California DUI. In 2006 he had been arrested and plead guilty to driving under the influence, a criminal charge. At that time his license was suspended for a year and the Fire Department removed him his position as a driver of fire equipment. After 10 months in a different position at the Hermosa Fire Department, he was summarily fired.

Osekowsky fought the decision all the way through the Los Angeles Civil Service Commission. The Commission ruled against the fireman. It was not clear if the fireman attempted to fight his charges with a

Los Angeles DUI arrests are on the rise in Southern California

Driving under the influence arrests are significantly on the increase during the past year. In this troubled economy city and State budgets are being balanced on the backs of both the young and old who drink and drive. For that reason it is important that the first thing to do after an arrest is to immediately a target="_blank" rel="nofollow" well trained Los Angeles DUI defense attorney costs money. But the truth is, failing to hire an attorney could result in more sever costs in the long run. For example, if your DUI defense attorney is able to lower the charges and plead your case down to a "wet reckless", the fines are significantly lower then a full DUI. The alcohol awareness course is shorter in duration, thus saving you more money, and in many cases your insurance premium may not go sky high. Thereby, your Los Angeles DUI defense attorney may have paid for himself by the reduced fines and costs.


Los Angeles Clippers Forward Zach Randolph arrested for DUI in Los Angeles

Los Angeles DUIs seem to be on the increase in the sports world. Zach Randolph of the Los Angeles Clippers was arrested in Southern California after he was observed swerving on the 405 highway. He was released on $5,000.00 bond and will have to appear in court to face charges at a later date. The consequences of his DUI could result in the lose of his job. Most sports franchises have a "moral clause" which allows management to fine or terminate a player for poor choices including a Los Angeles DUI.

While most people don't have to worry about a morals clause and the potential of loosing a multi-million dollar contract, they do have to worry about loosing their jobs due to a DUI. For that reason it is important to hire a excellent DUI defense attorney can make the difference between a conviction, and the prosecution having to dismiss the charges because they cannot prove the case.



Los Angeles Angels Pitcher Nick Adenhart Killed In Hit And Run DUI Near Los Angeles

Rookie Los Angeles Angels pitcher Nick Adenhart was killed on April 9, 2009 in the early morning hours by a motorist who was driving under the influence of alcohol in Southern California. Adenhart and two other people were killed in Fullerton, California, a suburb of Los Angeles, when a drunk driver broadsided their car. The driver of the Mitsubishi with Adenhart was 20-year-old Courtney Stewart, a student at California State University at Fullerton. The third person killed in that same car was Henry Pearson, a 25-year-old law student who some day wished to be a sports agent. Gallo, so far, has not hired a Watson Murder.


Phil Spector Guilty Of Murder of Lana Clarkson in Los Angeles

After two trials and well over a week of deliberations, music producer Phil Spector was convicted of pre-filing Los Angeles defense attorney. The reason to do so is that a

How Much Insurance Do You Need If You Are in a Car Accident in Los Angeles? Basic Liability Coverage

As car accident lawyers located in Woodland Hills, we review our client?s auto insurance policies all the time. By the time we do so, it is because someone has been in a car accident and has been injured. As personal injury lawyers handling auto accidents in the San Fernando Valley, we are here to make sure our clients are properly compensated for the injuries that were caused by the accident.

Tarzana_Auto_Accident_Keys.JPG Unfortunately, at that point, it is too late to talk about what insurance they should have had.

One of the first steps in helping our clients is looking at their auto insurance coverage. California law requires that all drivers have basic liability coverage of at least $15,000. It is a misdemeanor to drive without insurance. In addition, you are required to notify the DMV if you are in an accident and let them know who your insurance company is. We handle this process for our clients. Without question, this is the easy part, everyone should/must have at least the minimum required insurance coverage of $15,000.

That is not the end of the question. Liability coverage, that is coverage which will be paid out to someone you may injure if you cause an accident and serves two important functions.

Protect Yourself and Your Family: First, insurance protects you and your family. If you cause a collision, if you do not have adequate coverage, the person you hit may be able to take the money you have been saving for retirement, your child?s college education, a new home, or whatever is important to you.

Second: It protects the person you hit. That is a good thing. We should all take responsibility for our own actions. If we are careless and we hurt somebody, they should be compensated for what we have done. That is fair. That is also part of the purpose of insurance, to make sure someone we accidentally hurt is cared for, without destroying our own life. To hurt someone is to take something away from them. Not to compensate them for their injury; paying for the damage to their car, paying their medical bills, and paying for the imposition on their life (pain and suffering), is like stealing.

However, when you accidentally hurt someone, that does not mean your life should be destroyed either. That is part of the purpose of insurance. It enables us to properly compensate someone we hit, without taking away from our own life.

That brings us back to the question, ?How much insurance should I have.? The answer to that question is going to depend on your income and your savings. If you have limited assets and limited income, you can likely only afford basic coverage. You can drive legally and provide some protection to someone you injure. If you have a lot of assets, you should probably have an umbrella insurance policy. To qualify for an umbrella policy, you will have to have a certain amount of auto insurance. Those people will probably need to have $250,000 in liability coverage.


Los Angeles DUI and Southern Califoria driving while intoxicated arrests are on the rise

Los Angeles DUI arrests are on the rise. While the economy is undergoing some serious setbacks, law enforcement is pursuing Southern California drunk drivers with fierce vigor. If you have been stopped and arrested for a DUI, then it is very important to immediately pre-filing DUI attorney may be able to assist you in contacting law enforcement or the prosecution to tell you side of the story, prior to a case being filed against you.

Over the next few blog entries, the Los Angeles DUI process will be examined in detail. First is the DUI arrest

TRAFFIC STOP AND DUI CHECKPOINT

Usually, the entire DUI process in Los Angeles or Southern California begins when one of two events occurs. Either when a person is pulled over for a traffic violation or when a person enters a DUI checkpoint. By far, the most common beginning of the DUI process occurs when the officer pulls the suspect over for a traffic violation. The violation most often is either running a stop sign or light, weaving between lanes, speeding or allowing for a simple defect to the vehicle. At this time, the officer will state that he or she noticed what is called the objective symptoms of intoxication. These symptoms include slurred speech, watery eyes and the smell of alcohol on the suspect's breath. If you are stopped by the police for a DUI in Los Angeles, please call attorney Michael Kraut for a free consultation.

In the last several years, police agencies have begun to use DUI checkpoints as another process to catch people driving under the influence of alcohol and drugs. Like all new legal processes, DUI checkpoints have gone through many legal challenges and are strictly controlled. If the police do not adhere to the strict standards established by the United States Supreme Court and the Supreme Court of California, then an experienced criminal defense attorney will be able to attack the validity of the stop. If the stop is illegal, then all of the evidence is thrown out of court and the prosecution may not proceed with the case and charges will be dismissed.

The police may not do whatever they wish to pull over drivers to conduct DUI checks. The limitations on the police by the courts are very limiting to law enforcement. The procedures are set forth as follows:

1. The supervisors of the police must make the determination for when and where the checkpoint will be set up.
2. The police officers operating the DUI checkpoint must adhere to strict standards established. A clear policy must exist that directs officers in the field with exactly how and when to stop vehicles.
3. The Supreme Court states that there must be numerous safeguards in the checkpoint. There must be warning signs prior to entering the checkpoint, there must be proper lighting and there must be police vehicles that are clearly identifiable at the checkpoint.
4. The checkpoint must be located at a reasonable spot.
5. The time of the traffic stop must be limited, so as to not create traffic problems. Most checkpoints are late at night on side roads.
6. The warning signs at the checkpoint must be clear and create a visible indication of the proper authority that any stop is authorized.
7. The detention at the checkpoint, if any, must be limited in duration so that the length of the intrusion on the driver is minimal and the safety of the driver, as well as other motorists, is not jeopardized by traffic jams.
8. The courts have indicated that, while not a requirement, the checkpoints should be publicized in advance.


Rihanna Subpoenaed on the Chris Brown Los Angeles Domestic Violence case

Singer Rihanna has been subpoenaed for the up coming criminal case against Chris Brown. Her attorney's have publicly stated that she was served with a criminal subpoena served on behalf of the Los Angeles District Attorney's Office for the June 22, 2009 hearing.

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Under state law, if she fails to appear after being properly served with the subpoena, she could be arrested and jailed. However,

Donte Stallworth Gets 30 Days for DUI Death Case

The DUI manslaughter case of Donte Stallworth ended this week with a surprise. The famous football player plead to a DUI manslaughter charge after he hit and killed a pedestrian in Miami on March 14 of this year. Stallworth was driving his Bentley with a blood alcohol level of .126, almost twice the legal limit. The legal limit in Miami for a DUI is the same as for a pre-filing DUI defense attorney most likely made the difference in this case. By intervening early on his behalf, Stallworth was able to have his DUI attorney raise legal questions that may of given prosecutors pause in deciding how hard to fight this case.

In order for the prosecution to prove that Stallworth was driving under the influence, the District Attorney would need to prove beyond a reasonable doubt the following: 1) that he was driving with a high blood alcohol level, and 2) that while driving he committed an illegal act. Most Los Angeles DUI cases are proven when the driver crosses over the double yellow line, hits a parked car, or runs a red light. The very act of committing one of these violations is direct evidence of driving under the influence. Because the victim in the Stallworth case jumped into traffic, he might have contributed to his death and even a sober person might have hit him. Therefore, there were proof problems in the case and the prosecution decided to plead the case out for little jail time. Stallworth also paid the family of the victim for their loss and that also helped his case.


Lindsay Lohan Under Investigation for Grand Theft of Jewels in England

Lindsay Lohan is being investigated for Los Angeles grand theft crimes need to be defended by a theft crime defense attorney who will handle the pre-filing investigation and assist that person early on even before the case is filed.


Chris Brown will be ina Los Angeles Courtroom to Face Multiple Felony Charges for his Los Angeles Assault

On June 22, 2009, actor Chris Brown will face the judge for his Los Angeles assault defense attorneys. Now it will be the time when rumors and innuendo is put aside and the facts will be put forth under oath.

Brown will have a preliminary hearing. This is a court proceeding in which the prosecution will have to prove that a crime was committed and more likely then not, Brown committed the crime. This standard of proof is very low at this point for the prosecution. They do not have to put all of their evidence on the table, just enough to tip the scales of justice.

Rhianna has been subpoenaed to appear in court and she is expected to testify truthfully against Brown. It will be her testimony that determines if Brown will eventually face custody time in jail or prison, or if the charges are reduced to misdemeanors or even dismissed.


Los Angeles Assault and Triumph the Insult Comic Dog
A Los Angeles assault case has left the voice behind Conan O’Brien’s Triumph the Insult Comic Dog in an embarassing situation. In Los Angeles, assault is serious and is considered a violent crime. It is defined as committing (or threatening to commit) harm, force, or unwanted or offensive contact against another person. According to Los Angeles [...]
Sex Offense in Los Angeles
Los Angeles sex crime laws are strict and have very little leeway for those found guilty. Los Angeles sex crimes defense attorneys work tirelessly to defend anyone accused of a Los Angeles sex crime, because the penalties extend well beyond prison time or fines. There are a wide range of crimes that fall under the [...]
Twittering a Revolution
The continuing protests and repression in Iran have illustrated the old, familiar power of speech, image, and narrative, as well as the importance of old and new technologies, such as the Internet, Twitter, and the neighborhood phone tree. Andrew Sullivan....
SCOTUS Rules School Strip Search Illegal
"The Supreme Court ruled today that a school's strip search of an Arizona teenage girl accused of having prescription-strength ibuprofen was illegal." LA Times and Jonathan Turley
New and Old Criminal Cases
?"An FBI investigation that lead to the federal indictment of several members of MS13 details murders, drug deals, robberies and witness intimidation that even in dry legal language is quite chilling." Crime Scene. The indictment includes names and streets. Celeste...
Los Angeles Loses Michael Jackson and Farrah Fawcett

Superstar Michael Jackson and Actress Farrah Fawcett both died today, June 25, 2009. Both of these superstars had repeated run in with the law. Fawcett was arrested for a driving under the influence of drugs in Southern California.

fawcett.jpg

Facts showed that she was seen driving in an erratic manner that gave police suspicion to arrest her. Her Los Angeles drug crime addition to prescription drugs. He was fighting this addiction for many years and passed away at home. Firefighters worked for over an hour to revive him. While all efforts were made to assist him, Jackson never regained conscious.


Los Angeles Gang Violence
The Los Angeles Police Department is closing in on members of both the 18th Street gang and Mexican Mafia gang after a 2007 attack left a seven-week-old infant dead.? According to police, members of the 18th Street gang were attempting to attack a street vendor who had refused to pay them ?rent? to operate his [...]
Los Angeles Assault: Perez Hilton vs. Black-Eyed Peas
Los Angeles assault defense lawyers understand how difficult assault charges can be to understand and to fight.? Los Angeles assault is a crime that usually is coupled with other charges, such as battery or stalking. Recently, Polo Molina, manager of the Black-Eyed Peas, has been charged with assault stemming from an altercation at a Toronto, Canada [...]
Bernie (Bernard) Madoff Sentenced to 150 Years for Los Angeles White Collar Crimes

Bernard Madoff was sentenced on June 29, 2009 to 150 years in federal prison for his Los Angeles white-collar defense attorney.

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The sentence was the absolute maximum that United States District Court Judge Denny Chin was able to imposed under the Federal sentencing guidelines. US Marshalls had to quiet the gallery when the spectators let out screams of joy as the 71-year-old Madoff was sentenced. Southern California white-collar defense attorney was able to convince the District Attorney to allow the defendant to plead to one felony count of forgery with no jail time, and after three years of probation, the case can be reduced to a misdemeanor and dismissed from his record entirely.

Those interviewed outside of the courthouse claimed that Madoff was a given a life sentence just as the victims had been a life sentence for the loss of their entire fortunes at the hands of Madoff.


Arbitration: Broad Form Clauses
The courts have drawn a distinction between "broad" arbitration clauses and "narrow clauses." This categorization is fact specific and contingent on the language of the clause and its scope. Although a "broad form" arbitration clause includes torts "arising out of...
Los Angeles White Collar Crimes: Ponzi Schemer Gets 150 Years
Bernie Madoff, possibly the most famous criminal in America right now, was sentenced to 150 years for his role in a ponzi scheme.? Madoff pleaded guilty to stealing billions of dollars from investors, may of whom were completely wiped out after his ponzi scheme was discovered. A Ponzi scheme is a fraudulent investment operation that pays [...]
Medical Fraud Investigation in Los Angeles Continuing in Michael Jackson Case

The Federal authorities and Los Angeles law enforcement are combing through vast amounts of evidence to ascertain whether there wasHolmby Hills white-collar fraud in the death of singer Michael Jackson. Investigators have been looking at a total of five doctors who were writing prescriptions for the famous singer, some under fake names. Los Angeles investigation defense attorney to manage the investigation in a parallel manner to law enforcement. Thereby, providing key evidence and witnesses who can either clear the professional from further harm to their reputation, or worse, a criminal filing and lose of license.

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Dozens of prescription bottles have been found in the Los Angeles home rented for the singer since his death last week. The investigators have let slip that many of the bottles have no labels, other have names other then the singers true names. It has been reported that Jackson had been suffering from an addition to prescription pain pills for many years. In fact, the singers family has publicly come forward and blamed his many doctors for enabling the singer with these powerful drugs. One of the drugs of most concern to law enforcement is the drug Diprivan. The drug is one of the most power sedatives on the market. Usually only used in operating rooms by anesthesiologists in surgery. Some of the bottles in Jackson's home were full of the drug, while others were completely empty.


Incorporating Arbitration Rules in Contract
The parties may incorporate arbitration service provider rules into an arbitration agreement. JAMS and AAA have prepared extensive rules applicable to their respective organizations. These rules will apply unless overridden by a specific statute; Dream Theater, Inc. v. Dream Theater,...
Ponzi Scheme Prosecutions
In "Swindlers' List" in Los Angeles Lawyer, Alex Pilmer and I addressed many of the legal issues that arise upon the inevitable collapse of a Ponzi scheme. Since our article appeared, there have been significant practical developments in three on-going...
Is Your Mediated Settlement Agreement Enforceable?
A decision by the Second District of the California Court of Appeal illustrates how mediation confidentiality can create a trap for unwary litigants who reach a settlement. In Rael v. Davis, 166 Cal. App. 4th 1608 (2008), the court found...
Charter Schools
Recently, Education Secretary Arne Duncan described the charter school movement as "absolutely one of the most profound changes in American education, bringing new options to underserved communities and introducing competition and innovation into the education system." ABC News) A recent...
Three's Company Star Joyce Dewitt Busted for a Los Angeles DUI

July 4th has always been a priority for law enforcement looking to bust people for a Los Angeles DUI check point, an officer smelled alcohol on her breathe and she was given pre-filing Los Angeles DUI defense attorney. The reason she this is so important is because when the prosecutor looks at the reports and has to make filing decisions, the reports that are read are only those written by the police. A Southern California DUI is filed, can be disastrous. I first time DUI can result in a jail sentence as long as 6 months, huge fines, a suspension of your driver's license, and an alcohol education course that is not only expensive, but very time consuming.


House Committee Approves $12.1 Billion 2010 IRS Budget
On July 7, 2009, the House Appropriations Committee approved a $12.1 billion 2010 budget for the IRS. This represents a $527 million increase over the FY 2009 IRS budget. Seventy-three percent of the increase is allocated to tax enforcement, specifically...
Former NFL Steve McNair Murdered by Girlfriend WHo Then Killed Herself

Former Tennessee quarterback, Steve McNair, who was found this past Saturday shot and killed in his girlfriend's apartment was determined to be Top criminal defense attorneys assisted in the investigation

At a news conference, Police Chief Ronal Serpas made the announcement that Kazemi, 20, was extremely depressed over mounting personal problems. Apparently, financial problems and a recent

Los Angeles Gangs and Piracy
New reports from the Los Angeles Police Department reveal that Los Angeles gangs have discovered a new criminal offense: piracy. Film and music piracy is an ever escalating battle, with individuals all over the country not only getting caught pirating music and movies, but punished severely as well. A Minneapolis, Minnesota woman recently made [...]
Former Los Angeles Dodger Charged With Domestic Violence
Domestic violence is Los Angeles is a serious crime, and Los Angeles domestic violence lawyers must work overtime to defend anyone accused of abusing their spouse or family in any way. Former major league baseball player Los Angeles Dodger and New York Yankee Jim Leyritz has been arrested in Florida for domestic battery against his ex-wife. [...]
Murder and Los Angeles
Rory Holland, a former Biddeford, Maine mayoral candidate, has been charged with two counts of murder after a tense six-hour standoff with police that left two young men dead. Details remain unclear, but local police were summoned to Holland?s home around 1:30 in the morning last Tuesday. Holland reportedly barricaded himself inside his home [...]
Another BDO Seidman Partner Pleads Guilty
On July 9, 2009, former BDO Seidman partner Robert Greisman pleaded guilty to three counts of conspiracy to defraud the United States in connection with tax shelter transactions involving his firm and the law firm of Jenkens & Gilchrist. He...
Class Member Who Fails to Submit Claim Form May Not Sue Class Counsel
This case arises out of an unfortunate situation, but the plaintiff here was on the wrong track, and the Court reached the only proper result. Regardless, this case illustrates one reason why claims made settlements are a bad idea, and neither class representatives nor class counsel should ever agree to them.

In Martorana v. Marlin & Saltzman (July 1, 2009, 2d Dist., Div. 7) (full text available here) the plaintiff was a senior adjuster for Allstate Insurance Company. An overtime class action was filed in 2000 and settled in 2005. The Court preliminarily approved the settlement, and class notice went out. The settlement required class members to file a claim in order to receive any benefit of the settlement.

The plaintiff was a class member and would have received $65,000 if he had filed a claim. Unfortunately, he had been diagnosed with prostate cancer and, perhaps because of his condition, he did not timely file a claim and received nothing.

In 2007, the plaintiff sued Allstate and class counsel, alleging that they should have agreed to a more thorough notice procedure and should have contacted him before the claim filing deadline to find out why he had not filed a claim. Allstate and class counsel demurred. The Court sustained Allstate's demurrer and sustained class counsel's demurrer with leave to amend, reasoning that class counsel could be liable if they had an "active role" in the plaintiff's failure to timely file a claim.

The plaintiff filed a first amended complaint against class counsel, again alleging that they had a duty to negotiate a better class notice mechanism and to contact him individually prior to the claim deadline. He did not allege that class counsel knew that he was sick or had caused him to miss the claim deadline. The court sustained the demurrer without leave, holding that class counsel had duties to the plaintiff as a class member, but that they did not breach any such duty.
The Court of Appeal affirmed. First, the Court held that the plaintiff was collaterally estopped by the orders granting approval from alleging that class counsel should have negotiated a different notice procedure.

When the trial court granted final approval of the settlement in the action, it necessarily found that the notice procedure agreed upon by the parties complied with the requirements of due process and that the settlement itself was fair, adequate, and reasonable. To the extent that Martorana had any objection to either the settlement or the notice procedure, he had an opportunity to file a written objection with the trial court and to appear at the fairness hearing. Slip opinion at p. 9. The plaintiff did not timely object and he could not attack the trial court's due process finding in his malpractice action.

Second, the Court held that the plaintiff could not allege that class counsel committed malpractice "based solely on their failure to provide more notice to him than was required by the judicially-approved settlement notice procedure. Based on the allegations in Martorana?s complaint, such conduct by Class Counsel cannot support a malpractice action as a matter of law." Slip opinion at p. 12.

As in Janik v. Rudy, this is a case that never should have been filed, and there's no question that the Court of Appeal here got it right. Class counsel, whom I respect tremendously, undoubtedly worked hard to do a good job for the class reps and class members and they did not deserve this case as a thank you.

On the other hand, this case illustrates one of the reasons why I hate claims made settlements. Defendants like them because they can demand that any money that is not claimed by class members should revert to them. Defendants also like these settlements because they force class counsel's fees down, particularly when a small number of class members file claims.

Reversionary settlements never make sense, as a matter of policy or practice. If the class representative and the defendant agree to a gross settlement figure, none of that money should go back to the defendant. If money cannot be distributed to class members because they cannot be found, then the money must go to a cy pres beneficiary under CCP 384. Courts should keep their oversight role clearly in mind, should subject reversionary settlements to particular scrutiny, and absent truly extraordinary circumstances should deny approval of these settlements.
23 Years after Murder, LAPD Female Detective Faces Charges

The latimes.com website reported in an account on June 9th, 2009 that Nel Rasmussen, father of Sherri Rae Rasmussen had told investigators about an ?ex-girlfriend? who was in the LAPD and had threatened his daughter several times shortly before she was found beaten and shot to death in her apartment.

According to the family?s lawyer, Rasmussen?s appeals were disregarded by detectives and they followed other possibilities to how Sherri was murdered.

Detectives are opening up thousands of old homicide files in an attempt to solve them using modern technology. After opening the investigation, detectives again interviewed Rasmussen. He reiterated that he suspected a former girlfriend who was a police officer of killing his daughter. Prosecutors have now charged Detective Stephanie Lazarus 49, with capital murder, which makes her eligible for the death penalty. Now Rasmussen is asking for a separate investigation into how the LAPD originally handled the case.

According to the report, investigators secretly followed Lazarus to a store, where they recovered a plastic utensil containing her saliva. According to the police, the DNA taken from the saliva matched DNA evidence found at the crime scene.

Homicide charges carry the most severe punishments in the state of California. In fact, recent U.S. laws have been passed that will increase the mandatory minimum sentences that will apply to people who are convicted of committing certain violent crimes. If you have been arrested for carrying out a violent crime in Los Angeles, you may be looking at a prison term of 25 years to life.

Attorneys at the Law Offices of Lawrence Wolf have been successfully defending their clients for over 30 years. If you or a loved one has been arrested for or charged with committing a violent crime in Los Angeles, you should contact an experienced California violent crime defense attorney at the Law Offices of Lawrence Wolf who will fight for your rights. These are serious charges, with equally serious repercussions, so please do not hesitate to call 1-866-390-7373 today for a free consultation.


Los Angeles Court Dismisses K-Swiss? Trademark Declaratory Judgment Lawsuit Against Puma

trademark-attorney-puma-kswiss-dolton.jpgLos Angeles, CA ? K-Swiss won the race to the courthouse ? by two business days ? and filed a trademark declaratory judgment lawsuit against Puma. (Details here.) K-Swiss wanted a ruling that its Dolton shoe design did not infringe Puma?s ?Formstrip Trademarks,? which run along the side of the shoe. Two business days after K-Swiss? filing, Puma filed its own trademark infringement lawsuit in the District of Massachusetts and filed a motion to dismiss, transfer, or stay the Los Angeles action.

The Los Angeles District Court declined to exercise jurisdiction over the matter (order available here) even though under the ?first to file? rule, K-Swiss? action preceded Puma?s MA lawsuit: ?the rule is a flexible one and the Court may, in its discretion, rely on equitable grounds, such as ?when the filing of the first suit evidences bad faith, anticipatory suit, or forum shopping,? to determine whether to depart from the first to file rule.? Xoxide, Inc. v. Ford Motor Co., 448 F. Supp. 2d 1188, 1192 (C.D. Cal. 2006). The Court deemed K-Swiss? action to be anticipatory in nature and ?when, as here, a declaratory judgment action has been triggered by a cease and desist letter, equity militates in favor of allowing the second-filed action brought by the true plaintiff in the dispute to proceed to judgment rather than the first. See Factors Etc., Inc. v. Pro Arts, Inc., 579 F.2d 215, 219 (2d Cir. 1978). Thus, K-Swiss will now be forced to file its causes of action as counterclaims in the District of Massachusetts. The case is K-Swiss, Inc. v. Puma AG Rudolf Dassler Sport, CV09-03022 GAF (C.D. Cal. 2009).


Los Angeles Crime
Los Angeles criminal defense attorneys hear stats all the time that are manipulated to call for the hiring of more police officers, more severe punishments and so forth. One of the major challenges for anyLos Angeles criminal defense attorney is defending their client against not only criminal charges, but public opinion as well. [...]
CALPERS to Sue Ratings Agencies?
According to Securities Docket, "California Public Employees Retirement System, the nation?s largest public pension fund, has filed a lawsuit in state court in California alleging that it suffered $1 billion in losses caused by 'wildly inaccurate' credit ratings from the...
Jurors Come to Closed Court on Furlough Day
According to LAist, "furlough days are scheduled for every third Wednesday of the month," but the L.A. Superior Court Web page does not make this clear. The Daily Breeze has more. The Superior Court Web page has a scroll.
NASCAR and Meth Charges
Any Los Angeles criminal defense attorney will tell you that drug crimes are a serious offense and can be heavily prosecuted by Los Angeles police.? Drug crimes include drug possession, drug sales, drug trafficking and drug manufacturing, all of which can be charged as felonies or misdemeanors.? You may not always be able to predict [...]
Gold Medal Winning Olympian Arrested after Big Win -- May Need Help from Arizona or Southern California DUI Defense Attorney

On July 3, 2009, former WNBA Rookie of the Year Diana Taurasi was pulled over for allegedly driving under the influence in Phoenix. The Chino, California native plays for the Phoenix Mercury WNBA team. Prior to her arrest, she had never been charged with Los Angeles DUI defense attorney been advising the WNBA star, he or she might have counseled Taurasi to cooperate better with law enforcement.image_dianataurasi.jpg

Since punishment for Los Angeles DUI can be so severe, defendants should understand the criteria by which officers evaluate DUI suspects. So-called "objective" Southern California DUI suspects based on the above criteria is that different individuals manifest different physiological and behavioral reactions to alcohol. A very tall woman like Taurasi, for instance, might process alcohol at a faster rate than might a shorter woman. Height, weight, metabolic predispositions, medications, and emotional state can all influence behavior.

Given how many variables can be at play in even seemingly straightforward Los Angeles DUI cases, defendants are well advised to connect with reliable legal representation. The Law Offices of Michael Kraut can provide uniquely effective services. Since Mike has had experience prosecuting suspects as well as defending them, he understands how prosecutors think and operate and can use this knowledge to develop practical solutions.


Michael Jackson's Doctor Has Office Raided After LAPD Asks For Los Angeles Search Warrant

The Los Angeles Police Department is spearheading the investigation into the pop star's death. Recent leaks in the investigation have pointed into the direction of repeated overdosing of Michael Jackson by his many close physicians. However, the focus of the investigation seems to be pointing to Jackson's personal physician, Dr. Conrad Murry.

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On Wednesday, July 21, 2009, The Drug Enforcement Administration raided Dr. Murry's Houston office. Armed with a search warrant, they entered the office and took numerous items. Accompanying the DEA were Los Angeles Police Department detectives assigned to the Jackson Investigation. Murry was with the singer at the time of his death.

Because of the scope and extensiveness of the Los Angeles investigation, it would be wise for Dr. Murry, or any other medical professional to immediately former Los Angeles criminal prosecutor can be very helpful to anyone under investigation.