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San Diego Injury Lawyer Blog

Woman Rescued from San Diego Rollover Auto Accident

Date: 09/02/2010


An unidentified woman was rescued from her overturned car around 11:10 a.m. on August 28, 2010, and was immediately rushed to a nearby hospital with injuries. According to the San Diego Fire and Rescue Department, the exact reason of how the woman’s vehicle flipped near the intersection of 54th Street and Chollas Parkway in Chollas Creek was unclear.

San Diego Fire and Rescue Department officer said that traffic was blocked from the intersection where police were conducting an investigation to determine why the vehicle rolled over.

If the car overturned due to any mechanical failure or an unkempt road, then the automobile manufacturer or the authorities responsible for maintenance of the road might be held liable to pay a compensation for the injured victim’s medical costs and pain and suffering damages. As with any person who has been injured in an auto accident, the injured woman would be wise to consult with a San Diego personal injury lawyer who can advise her of legal rights and help her get a fair compensation.

We sincerely hope and pray that the injured victim recovers to her complete health soon.




Don't Leave the Photos to the Insurance Company (and Their Photoshop Artists!)

Date: 08/27/2010


Often times, people who have had their car damaged in an auto accident do not take pictures of their property damage, instead leaving it to the insurance company (either theirs or the at-fault driver's) to document.

Do not fall into this trap!

It is always important to maintain control over any and all evidence that will help your case. The reason why is because you do not want to risk the possibility that the insurance company, in an effort to dampen the evidence against their insured, will use a photo editing software like Adobe Photoshop to alter pictures of your vehicle thereby giving the impression that the traffic collision was not so severe.

Photoshop is a program that can not only reduce shadows, alter colors, but it can also distort images through elongation and airbrushing. Here is an example from an Ann Taylor catalogue where the website retouched the photo to make the model look thinner:



If trained professionals can reduce the diameter of a woman's stomach, torso, and legs, what do you think they can do to that dent in your car's bumper? Photoshop is a very useful tool in the hands of the insurance company to make small, but significant collisions seem as if no property damage was incurred.

Now, the Courts are realizing that today's digital images are not the old photographs of old--they can be altered on the fly and very easily. Recently in the criminal case People v. Khaled, the appellate court ruled that a red light traffic ticket must overturned due to a conviction based upon unsubstantiated photographs taken by a camera at an intersection. The Court ruled that where the prosecution failed to lay the foundation for the photographs by submitting testimony establishing when and how the photographs were taken and that they were not altered. The Court ruled that the hearsay rule will exclude the evidence barring testimony laying out this foundation.

It is good that the courts are finally starting to recognize the ease to which photographic images can be altered and that the old business records exception to the hearsay rule cannot by itself allow for the introduction of photographs into evidence. However, what this should mean to you and to any other member of the public , is that it is better not to even give the insurance company an opportunity to alter photographs of your vehicle. The only way to do so is to make sure that you have taken pictures of your car so that you can keep the insurance company honest.




Three La Jolla Teens Hurt By Suspected Drunk Driver in San Diego Pedestrian Accident

Date: 08/26/2010


Ronald Troyer, 67, a suspected drunken, injured three teenagers who were walking on the sidewalk in La Jolla on August 21, 2010 around 6:30 p.m. San Diego authorities reported that the three teens, Alani Agurre, 14, Miles Ploger, and Ian Brininstool, whose ages are not known, were walking on La Jolla Boulevard when a speeding Chrysler New Yorker hit them. Two more teenagers walking with them fortunately escaped unhurt.

Alani Agurre was carried for about twenty yards on the top of the car’s hood before he was thrown into the glass window of Cass Street Café and was pinned underneath the car. Agurre sustained serious injuries, including a broken arm and a broken pelvis. All three of the teenagers were immediately transported to a local hospital for treatment.
Troyer was arrested later and charged with felony drunk driving causing injury. A complete investigation is being carried out to know the exact cause of this crash. Troyer has history of drug and alcohol abuse. It will not be a surprise if he is found to be driving under the influence of any one of these.

Under California law, it is unlawful for anyone to operate a motor vehicle under the influence of any drug or alcohol per California Vehicle Code Section 23152(a). Therefore, the injured teenagers are entitled for a compensation to cover the cost of treatment of injuries, cost of hospitalization, and other related damages. Unfortunately, the magnitude of the injuries is very high in this accident. Troyer, who has a history of past drunk driving arrests and is believed to be homeless, probably does not have adequate insurance to pay for the injuries he has caused. The children’s families would be well advised to confer with an experienced San Diego personal injury attorney.




Can an Insurance Company Hide Witness Statements?

Date: 06/20/2010


What happens if you are involved in a car accident in California and the at-fault driver's insurance company takes recorded statements of witnesses to the accident? Can you review them during your personal injury lawsuit?

The California Court of Appeals recently ruled in the case of Coito v. Superior Court that such statements are discoverable and must be turned over to the other party. You can read more about this important California personal injury case law here.




Newhall Toddler Seriously Injured In Dog Attack

Date: 06/18/2010


A 5 year-old toddler, Jose Sadino, was seriously injured in a dog attack at a Newhall apartment complex on June 11, 2010. According to the news stories, a vicious pit bull jumped out of a window and started attacking Jose who was playing with other children outside the apartment complex. Sadino’s mother, along with a few neighbors, intervened and made the dog go away. Los Angeles Sheriff’s officers took the pit bull into custody to determine if it had a prior bite history and whether the owner will face any criminal charges.

Jose Sadino sustained serious injuries, but thankfully none of them are expected to be life threatening. The owner of the pit bull may be held liable for the injuries caused and may have to compensate for the expenses involved. Clearly, the owner should have made sure that the pit bull was securely tied and that it was restrained. Dog owners have an absolute duty to make sure that their animals do not injure or kill others. Further, in a civil justice context, dog owners can be held strictly liable for any damage or injury caused by their dog.

We sympathize with Jose Sadino’s family and wish him a complete recovery soon. We hope that his wounds heal and that his scars, if any, can be treated and minimized. Jose Sadino’s parents can seek compensation for their medical expenses and suffering from the pet owner if this accident occurred due to his/her negligence. People who are injured in a dog attack need to know that they have certain legal rights that could help them come out of the accident, financially.

San Diego Car Accident Lawyer Blog

San Diego County Bus Accident Leaves Seven Injured

Date: 09/02/2010


A North County Transit District bus driver and six passengers sustained injuries when their bus collided with a pickup truck on the afternoon of August 28, 2010. According to Valley Center authorities this accident occurred around 2p.m. on North Lake Wohlford Road south of Valley Center.



The southbound pick up truck crossed into the northbound lanes and struck the district bus. Sgt. Scott Payson said that the left front end of the truck hit the left front of the bus and caused moderate damage to both the vehicles. The pickup driver fortunately escaped unhurt, but the bus driver along with his passengers suffered injuries. The injured were taken to a nearby hospital for medical treatment of their injuries.

The windshield of the bus shattered and some of the passengers complained of back and neck pain. Investigating officers are trying to determine why the pickup driver entered into the wrong lane on a straight stretch of road. Payson said that drugs and alcohol do not appear to be the reason behind this crash, but distraction due to cell phone cannot be ruled out. A right-of-way violation may have played a part in this traffic collision. California law requires drivers to give the right of way to oncoming vehicles and to cars who have already entered the intersection from a different road.

If this accident occurred due to the negligence of either or both of the drivers, then the responsible persons might be liable to pay legal compensation to the injured passengers for medical costs and other related damages.




San Diego Auto Accident Seriously Injures Clairemont Woman

Date: 08/26/2010


A 39-year old Clairemont woman sustained serious injuries when her car collided with an empty dump truck near Marine Corps Air Station Miramar in San Diego on August 23, 2010 around 9:00 a.m. in the morning.

San Diego police lieutenant Andra Brown said a dump truck allegedly ran the red light from the State Route 163 (SR-163) off-ramp to Kearny Villa Road and hit a compact sedan driven by the woman. The female car driver suffered major injuries and was transported to a nearby hospital for treatment. It is not clear whether the truck driver was hurt. Investigating officers closed the lanes to investigate the exact cause of this crash.

California law requires drivers to come to a complete stop at a stop sign and proceed with caution. According to California Vehicle Code section 21802 (a): "The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety." It clearly appears that the truck driver violated the traffic rules and caused this accident. It is possible that the truck driver was distracted or was driving under influence. Since there has been violation of traffic rules, the truck driver or his employer might be liable to pay a legal compensation to the injured woman for medical expenses, cost of medical care, and for pain and suffering.

It is unfortunate that the truck driver’s negligent driving caused the woman so much suffering. We hope that she recovers to her complete health soon.





Elderly Rosemead Man Killed In Los Angeles Rollover Car Crash

Date: 08/17/2010


A 75-year-old Rosemead man died on the morning of August 15, 2010, at around 6:00 a.m. when he crashed his minivan on an off-ramp of the 110 freeway. California Highway Patrol officer Dane Norem said that this fatal car crash occurred on Slauson Avenue in South Los Angeles.

CHP officials found a 1993 Nissan Quest lying on its side on Slauson Avenue. The driver of the minivan was thrown out of the vehicle and was pronounced dead later. It is believed that the 1993 Nissan veered to the left crashing into a wall before coming to rest after several spins.

We express our sincere condolences to the family and friends of this elderly driver who died in this fatal car accident. Investigating authorities are still searching for the true cause of this fatal crash. Unfortunately, it is unclear from the facts of the story why the accident occurred. There is a possibility that the auto accident may have been the result of a mechanical defect or design issue. It could have also been the result of an uneven road surface. Regardless of the facts, the victims’ families should consult with a Los Angeles personal injury attorney who can hire a trained private investigator to investigate how the accident occurred and to determine if there are any facts which would suggest that the accident was the cause of someone else’s negligence, that would entitle them for a compensation to cover the cost of funeral arrangements, loss of love and companionship and other related damages.

Ross Jurewitz is a Los Angeles car accident lawyer and the managing attorney of the Jurewitz Law Group, a California law firm dedicated to representing people seriously injured in a car accident. If you or a loved one has been injured in a car accident in Los Angeles, please order your free copy of Mr. Jurewitz's book, The Ten Biggest Mistakes that can Destroy Your California Accident Case. It is full of helpful information that will help you protect your legal rights and it is free to all California residents.





Culver City Car Accident Caused By Suspected Hit-And-Run Driver

Date: 06/24/2010


Brandon David Brown, 31, died in a car accident on June 20, 2010, when his Toyota Tercel struck a SUV that stopped in the north bound lane of the 405 Freeway (I-405, the San Diego Freeway) near Culver City. According to the CBS news report, Brown died at the accident scene after driving his vehicle to the rear side of the SUV.

California Highway Patrol Officers said that the SUV driver ran from the scene of accident without attending to Brown. Authorities are looking in for that suspected hit and run driver and his vehicle.

We offer our deepest condolences to Brown’s family and friends for such a tragic and devastating loss. We hope that the California Highway Patrol officers are able to trace that hit and run driver and are able to bring in some justice for the Brown family. The family of the deceased may be entitled for compensation to cover the cost of funeral, loss of earning, loss of love and companionship and other related damages. The driver not only caused the auto accident but also committed a felony by running away from the scene of accident leaving Brown to die. According to California Vehicle Code Section 20001(a), a driver of a vehicle involved in an accident resulting in death or injury must stop and remain at the accident scene. The clear purpose of this law is to make sure that the responsible party contacts the people injured in an accident and provides them with assistance. There are few acts worse than leaving the scene of an injury auto accident.





Anaheim Car Accident Kills Disabled Motorist

Date: 06/23/2010


Enrique Aniceto, 47, was standing next to his disabled 2010 Honda when he was struck by another vehicle on June 19, 2010, in Anaheim. The Orange County Register reports that this accident happened along the westbound lanes of the 91 Freeway (SR-91).

Aniceto was pronounced dead at the accident scene. It appears that there occurred an initial collision between two cars followed by another fatal crash along the Fastrak Lane of the freeway close to the Imperial Highway exit. We offer our deepest condolences to Aniceto’s family and friends for such a tragic loss.

The investigation is in progress to know the root cause of this car crash. The driver of the other car failed to notice a stranded car and Aniceto. This leads us to doubt his alertness while driving. Was he driving under influence or was he distracted and negligent? Under California law, it is unlawful for anyone to operate a motor vehicle under the influence of any drug or alcohol per California Vehicle Code Section 23152(a). If the driver who struck Aniceto is determined to have been responsible for the accident, he or she could be held liable for Aniceto's wrongful death. Aniceto family may be entitled for compensation to cover funeral expenses, loss of future earnings, loss of love and companionship, and other related expenses.

California Injury Accident Lawyer

Eight Spectators Killed In California 200 Truck Crash

Date: 08/17/2010

Eight spectators who came to watch a popular off-road race were killed in Lucerne Valley in the Mojave Desert outside Victorville. More than a dozen spectators sustained serious injuries in this tragic truck crash. The racing accident occurred soon after the race started when a participating truck lost control and plowed into the spectators. The 200-mile race involved a variety of off-road vehicles scheduled to race 100 miles northeast of Los Angeles.


Two Seriously Injured In Torrance Car Accident

Date: 06/24/2010

Two people sustained serious injuries in a car crash at the J.J. Bakery in the 2300 block of Crenshaw Boulevard on June 18, 2010. According to the news report published in the Daily Breeze, a woman was parking her Mercedes Benz in front of the J.J. Bakery when she hit the gas instead of the brakes and struck the front door.


Rosemead Head-On Car Accident Injures Two

Date: 06/22/2010

Two people sustained critical injuries and several others were also injured in a Los Angeles car crash after a tour bus collided with another vehicle head on. According to the Pasadena Star News report, this auto accident occurred on June 17, 2010, near the intersection of Garvey Avenue and San Gabriel Boulevard when a Nissan Sentra was rear ended by a Honda Civic.


Dixon Rollover Car Crash Hurts Four People

Date: 05/24/2010

A car crash on May 19, 2010, injured four people when a car turned over on Interstate 80 (I-80) in Dixon. According to the California Highway Patrol, Shelbee Szeto, 18-years old of Oakland, was driving his Mazda Sedan westbound when he lost control of his vehicle. The auto accident happened at about 10 a.m.


Drunk Marina Man Injures 2 Monterey Policemen in Head-On Car Accident

Date: 04/03/2010

A 21-year old drunk Marina resident injured two Monterey police officers in a Monterey DUI car accident that took place on March 25, 2010 on Fremont Street at around 1:00 am.

Best Bicycle Accident Lawyer

Santa Ana Bicyclist Killed In Newport Beach Bike Accident

Date: 07/27/2010

Michael William Nine, 43 of Santa Ana, was killed in a fatal bicycle accident at the intersection of Harbor Ridge Drive and Spyglass Hill Road on July 15, 2010 at around 7:47 a.m.


Orange County Bicyclist Killed in Crash With A Motorcycle

Date: 06/25/2010

A bicyclist died on June 23, 2010, when he collided with a motorcyclist on Landstar Boulevard near Pinnacle Cove. According to the Florida Highway Patrol officer, the bicyclist crashed into a 31 year-old motorcyclist, Jean Ronald Ramfort, who was riding a 1999 Honda motorcycle.


Teenager Injured In Michigan Bicycle Accident

Date: 06/23/2010

A 15-year old boy sustained serious injuries on June 17, 2010, when his bicycle chain came off and he crashed into the side of a delivery truck. Ypsinalti Police said the boy was riding on Michigan Avenue close to Grove Road when the chain came off while going down the hill.


San Diego Sailor Killed in Bicycle Accident

Date: 05/31/2010

An unidentified 27-year old sailor died in a car crash at Camp Pendleton on May 25, 2010. The sailor was on his bicycle travelling along Vandergrift Boulevard at about 11:30 p.m. when a Honda Odyssey struck him. The injured sailor was immediately airlifted to the nearby San Diego Hospital for treatment where he died a few hours later.


San Diego Bicycle Collision Leaves Cyclist Injured

Date: 04/25/2010

A man was injured in a San Diego bicycle collision that took place on April 14, 2010 before 6 a.m. The accident happened in the 2700 block of Kurtz Street in San Diego.

Best Boating Accident Lawyer Blog

Point Reyes Boat Accident Claims Fourth Marin County Fatality

Date: 07/27/2010

The body of a fourth man involved in a Marin County boating accident was recovered on July 16, 2010. According to Flight Technical Officer, the Sonoma County Sherriff’s helicopter received a call around 2:01 p.m. that a body was found near 10 Mile Beach close to Point Reyes. A 3-person recovery team passed the recovered body to the rangers where the Point Reyes National Seashore took the custody.


Intoxicated Boater Kills Two Women

Date: 06/20/2010

Matthew P. Fortin of Rhode Island has been charged with drunken driving of a boat when his speeding boat caused the death of two women. It appears that, under the influence of alcohol, Fortin was negligent and hit another boat that was carrying these two women. He has been charged with five felony counts related to the boating accident. However, no criminal charge or monetary compensation could ever make up for the harm caused by Fortin’s carelessness.


Teenager Rescued From a Boat Accident

Date: 06/20/2010

Abby Sunderland, a 16-year old teenager from California, was rescued on June 19, 2010 from her broken boat drifting in the middle of the Indian Ocean. Despite her familiarity with the water and sailing, high winds and rough water damaged the mast of her vessel leaving her boat adrift in the ocean. Her radio transmitter was also damaged, making it difficult for her request help.


Two Children Injured in Florida Parasailing Accident

Date: 06/12/2010

Two children sustained injuries in Destin, Florida, when a parasail line broke and the children in the parasail fell away to the water below. At the time when this boating accident occurred, the parasail boat was being pulled in due to unfriendly weather conditions.


Brownsville Boat Accident Leaves One Injured

Date: 06/12/2010

A 33 year-old man, Matthew Bankes was injured in a boat accident on June 5, 2010 at 5:15 p.m along the Mississippi river south of Brownsville, Minnesota. According to the press release made by the Houston County Sherriff’s Officel, Bankes fell out of the boat that he was riding and was then struck by it.

Best Child Injury Lawyer Blog

Minneapolis Boy Abused By Mother; Seriously Injured

Date: 06/23/2010

Minneapolis police arrested a 37 year-old mother, Jacquelyn Wanda Williams, and charged her with violently beating her 6 year-old boy along with her boyfriend on May 27, 2010. KARE11 TV reported that the young boy, living at the 4300 block of the Irving Avenue, was tied with a pole in the basement with a tight telephone cord and was beaten up with the extension cord repeatedly by his mother and her male friend.


Students Injured In San Diego Bus Accident

Date: 06/12/2010

A school bus accident in Oceanside has injured seven high school students and the bus driver with moderate to severe injuries. This accident occurred on June 11, 2010, when the school bus was taking students to a tutoring program.


Zanesville School Bus Accident Kills One Child and Injures Seven Other Children

Date: 06/11/2010

A 6 year-old school boy was killed in a bus crash on June 2, 2010, at 8:18 a.m. when the bus driver lost control of the vehicle along southbound of Ohio State Route 60. According to the LancasterEagleGazzette.com, Carol Oyer, the 47 year-old driver of the Tri Valley school bus, lost control near milepost 26.


Babysitter Charged with Causing Brain Injury in Child

Date: 05/29/2010

Dotty Reed, 18 of Auburn, Washington, is accused of causing a brain injury to a nine month old baby when babysitting the young boy. Reed told detectives that she was frustrated with the baby for the past 3 weeks as he was fussy and appeared not to like her.


San Diego Toddler Drowns in Backyard Swimming Pool

Date: 05/29/2010

Noah Hale, a 3-year old toddler from Descanso, died in tragic swimming pool accident on May 21, 2010, in San Diego when he drowned in a backyard pool in the 24000 block of Sherilton Valley Road. Hale was found unresponsive and face down in the swimming pool by his mother. He was airlifted to a nearby hospital, but he could not revive and died after a short time. It is still not clear how the child came to be in the swimming pool unsupervised.

Best Motorcycle Accident Lawyer Blog

San Bernardino County Man Dies In Fontana Motorcycle Accident

Date: 07/27/2010

Saul Castro, 63 of Mira Loma, died due to injuries sustained in a motorcycle accident in southwestern Fontana. According to San Bernardino’s County Coroner Department, Castro was travelling in the west bound direction on Slover Avenue just west of Redwood Avenue on his 2007 Harley Davidson motorcycle on July 10, 2010 around 6:03p.m.


Antioch Hit-And-Run Motorcycle Accident Kills Two

Date: 06/24/2010

An unidentified truck driver caused an accident resulting in the death of two people in Antioch. Bay City News Reports that this auto accident occurred on east bound Highway 4 when the driver of a Ford F-250 truck made an unsafe lane change. The truck hit a Honda that then lost control and hit a motorcycle killing the motorcyclist and his passenger. The driver of the Honda was hospitalized with major injuries. The pickup truck's driver fled from the scene of the accident.


Fatal San Dimas Motorcycle Accident Caused by Hit-and-Run Driver

Date: 06/21/2010

A motorcycle accident in San Dimas on June 6, 2010, killed Michael Smith, 36, and seriously injured an 11-year-old boy. The other driver, Ryan Ferreira, 39, ran from the scene of the traffic accident. Ferreira made an unsafe lane change near Smith’s Honda CRB1000 motorcycle on a transition road between the southbound 57 Freeway (SR-57) and eastbound the Interstate 10 Freeway (I-10) and caused the collision.

Best Wrongful Death Lawyer Blog

Colorado Rollover Car Accident Kills Infant

Date: 09/02/2010

A nine month old infant, Isaac Alessandro, was killed in a rollover auto accident in Colorado on August 31, 2010, on Interstate 70 (I-70) just west of Glenwood Springs and 17 miles away from San Diego. Joanne Echeverria, 19, a resident of New Castle, CO, was driving a 2009 Honda Civic when she lost her control and drove the car into the center median, flipped over several times, and came to rest in the westbound lane.


Pedestrian Killed By Suspected Drunken Driver In San Bernardino

Date: 08/17/2010

A pedestrian, Mario Antonio Flores Topete, 20, of San Bernardino, was killed in a hit and run traffic accident on August 15, 2010 at around 3:13 a.m. Topete was walking across the street from a parked car near his home in Sierra Way when a 2000 Chevrolet pickup truck struck him.


Riverside Woman Dies In Fatal Crash With Semi-Tractor Trailor Truck

Date: 07/27/2010

A 92-year-old Riverside woman succumbed to injuries she sustained from a semi-tractor trailor truck crash on July 16, 2010. Riverside Police Personnel reported that a traffic accident involving a big-rig truck and a car occurred around 1:30 p.m.


Stockton Girl Killed and Two Injured In Lodi DUI Collision

Date: 06/25/2010

Destanee Arlene Little, 19, was killed and two other people sustained serious injuries in a traffic collision near Lodi, California on June 12, 2010. The injured people in this car crash have been identified as David Heredia, 20 and Chaunnel Renberg, 20.


Speeding Big-Rig Truck Killed Four Members of a Family in Napa Valley

Date: 06/20/2010

Four people were killed in a truck accident in Napa County on June 3, 2010, due to negligence of a truck driver who was travelling at a highly risky speed. California Highway Patrol Officers reported that four members killed in this tragic traffic accident--Laura Katherine Smith, 19; Sally Smith, 74; Richard Smith, 80; and Matthew Jay Smith, 48--were all from the same family.

Recent Supreme Court of California Opinions

People v. Gastello

Date: 06/25/2010

(Cal., Criminal Law & Procedure) Court of Appeal's reversal of defendant's conviction under section 4573, which makes it a felony for any person to knowingly bring a controlled substance into a custodial setting, is reversed where: 1) the statute applies to someone who has a controlled substance in his possession when arrested for another crime, and who knowingly and voluntarily brings the drugs into jail when booked pursuant to that arrest; and 2) violation of section 4573 does not involve compelled self-incriminating "testimony," but rather the nontestimonial act of knowingly bringing drugs into a correctional facility.




People v. Low

Date: 06/25/2010

(Cal., Criminal Law & Procedure) Conviction of defendant for violating Penal Code section 4573, which makes it a felony for any person to knowingly bring into any state prison or into any county jail any controlled substance, is affirmed where: 1) section 4573 applies to someone who is arrested and brought into jail, and who is found to possess a controlled substance during the booking process; and 2) enforcement of section 4573 does not violate the Fifth Amendment ban on the criminal use of compelled incriminating testimony as the statute does not coerce anyone to admit guilt of any crime or punish them for failing to do so.




Kleffman v. Vonage Holdings Corp.

Date: 06/22/2010

(Cal., Civil Procedure, Class Actions, Commercial Law, Consumer Protection Law, Cyberspace Law, False Advertising) In plaintiff's class action suit under section 17529.5(a)(2), which makes it unlawful to advertise in a commercial e-mail advertisement (i.e. spam) that "contains or is accompanied by falsified, misrepresented, or forged header information," dismissal of the complaint for failure to state a claim is affirmed as sending commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters is not unlawful under section 17529.5(a)(2).




People v. Fontana

Date: 06/22/2010

(Cal., Criminal Law & Procedure, Evidence) Judgment of the court of appeal reversing defendant's sex offense related conviction is reversed as, although the trial court erred in failing to conduct a hearing under Evidence Code section 782 to investigate whether the victim's prior sexual activity could have provided an alternative explanation for her oral and vaginal injuries, and even assuming the hearing would have established the existence and relevance of sexual conduct by the victim earlier that day, the exclusion of such evidence was harmless under any standard. Furthermore, the trial court did not abuse its discretion in excluding evidence of the victim's sexual conduct earlier that day, to the extent it was offered to corroborate defendant's testimony.




Minkler v. Safeco Ins. Co. of Am.

Date: 06/18/2010

(Cal., Contracts, Injury And Tort Law, Insurance Law) In a dispute over a homeowner's insurance coverage, arising from plaintiff's suit against a mother and her son for being sexually molested by the son in their home, the court rules that an exclusion of coverage for the intentional acts of "an insured," read in conjunction with a severability or "separate insurance" clause like the one at issue in this case, creates an ambiguity which must be construed in favor of coverage that a lay policyholder would reasonably expect. Here, a lay insured would reasonably anticipate that under a policy containing such a clause, each insured's coverage would be analyzed separately, so that the intentional act of one insured would not, in and of itself, bar liability coverage of another insured for the latter's independent act that did not come within the terms of the exclusion. Therefore, the homeowner was not precluded form coverage for any personal role she played in her son's molestations of plaintiff merely because the son's conduct fell within the exclusion for intentional acts.

Recent California Appellate Court Opinions

People v. Bloom

Date: 06/26/2010

(Cal. App., Criminal Law & Procedure, Evidence) Conviction of defendant for resisting arrest and other related charges, arising from making more than 40 harassing calls to 911 in a single evening, is affirmed over a challenge to a denial of a motion to suppress as a dispatcher lawfully arrested defendant for making the calls and she was not required to physically restrain him or to be present at the time of the arrest.




Samantha C. v. State Dep't of Developmental Serv.

Date: 06/26/2010

(Cal. App., Administrative Law, Government Law, Health Law) In plaintiff's petition for a writ of mandate and a request for declaratory relief challenging the determinations made by Harbor Regional Center and the state Department of Developmental Services that she did not have a developmental disability and was therefore not entitled to services under the Lanterman Developmental Disabilities Services Act, trial court's denial is affirmed in part and reversed in part where: 1) trial court's judgment upholding the validity of the regulations is affirmed as they are consistent with section 4512(a); but 2) trial court's determination that plaintiff does not have a developmental disability under the Lanterman Act is reversed as she has a disabling condition related to her birth injuries which requires treatment within the meaning of the part of section 4512(a) known as the fifth category.




Greenspan v. LADT, LLC

Date: 06/26/2010

(Cal. App., Civil Procedure, Contracts, Dispute Resolution & Arbitration, Probate, Trusts & Estates, Property Law & Real Estate) In a trust's suit for breach of contract and other claims against two affiliated companies and individuals, trial court's confirmation of an arbitrator's award against defendants in the amount of $6.34 million is affirmed where: 1) per the JAMS rules, the arbitrator, not a court, determines what issues are arbitrable, and here, the arbitrator determined that the issue of joint and several liability was arbitrable; 2) arbitrator's finding of joint and several liability was rationally related to the parties' contract; 3) as to the timeliness of the final award under JAMS rules, the arbitrator's interpretation and application of the rules cannot be judicially reviewed on the merits; and 4) the suit against the arbitrator was barred by arbitral immunity and would not have caused a reasonable person to doubt the arbitrator's impartiality.




People v. Int'l Fid. Ins., Co.

Date: 06/25/2010

(Cal. App., Criminal Law & Procedure) In a prosecution of defendant for attempted murder and other crimes, trial court's denial of a motion to vacate a forfeiture and exonerate bail is affirmed where: 1) the trial court did not err in denying the motion as, although defendant was subject to a greater potential maximum penalty under the first amended information than he had been under the original complaint, the charges in the first amended information were based on the same acts alleged in the complaint; and 2) the certificate of mailing of the notice of forfeiture which was signed by a deputy clerk on behalf of the clerk of the court was properly executed.




Faulkinbury v. Boyd & Assoc. Inc.

Date: 06/25/2010

(Cal. App., Civil Procedure, Class Actions, Labor & Employment Law) In a suit brought by about 4000 current and former employees against an employer, claiming that the company, which provides security guard services throughout Southern California, denied meal and rest breaks and failed to pay for overtime, trial court's denial of their motion for class certification is affirmed in part, reversed in part and remanded where: 1) order denying the motion for class certification as to the meal break class and the rest break class is affirmed as the trial court did not abuse its discretion in finding common issues of law and fact did not predominate over individual issues; and 2) order denying the motion for class certification as to the overtime-pay class is reversed and remanded.

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Ross Adam Jurewitz

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