SUPPORT NFL LEGEND CHARLES HALEY FOR HALL OF FAME
Saturday, February 2, 2013
Saturday, April 7, 2012
*DISCLAIMER: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Employment Law: Arbitration provisions within employment agreement and application are unconscionable and unenforeceable because and employer failed to provide employee with copy of controlling rules. Mayers v. Volt Managment Corp,C.A. 5th/DARp 2633R
Employment Law: Arbitration provisions within employment agreement and application are unconscionable and unenforeceable because and employer failed to provide employee with copy of controlling rules. Mayers v. Volt Managment Corp,C.A. 5th/DARp 2633R
REAL PROPERTY
Real estate broker's offer to purchase property based on listing agreement does not materialize into sale that triggers brokers right to commission. Real Pro Inc v. Smith Residual Co. CA 4th/2 DAR p 2655
THE ESSENTIAL STEPS TO A SUCCESSFUL NEGOTIATION
There are twelve essential steps to a successful negotiation. If that sounds like too much to remember, it is not. All of the steps are based on common sense
1. Get to the table.
2. Pick the right time to mediate.
3. Choose the right mediator.
4. Have pre-mediation conferences.
5. Set aside sufficient time.
6. Prepare your client.
7. Prepare a powerful position paper.
8. Insist on full settlement authority.
9. Maximize the benefits of the joint session.
10. Set the tone with your opening statement.
11. Get into a zone of bargaining as soon as possible.
12. Don’t take a bottom line approach.
FOR FURTHER INFO: kroblaws@gmail.com
TRAYVON MARTIN
Stand Your Ground and Civil
Liability: What Do You Tell Clients?
The tragic death of 17-year-old Trayvon Martin has prompted a national
dialogue about "stand your ground" laws and the Castle Doctrine. Many question
whether George Zimmerman, a Sanford, Fla. neighborhood watch leader, should
evade prosecution under Florida's stand your ground law, which allows
the use of force if a person "reasonably believes" it is necessary to
protect the person's own life, the life of another, or to prevent a forcible
felony, reports USA Today. Critics say that Zimmerman was unreasonable
in shooting Martin, who was armed only with Skittles and iced tea.
As the Trayvon Martin case continues to unfold, California lawyers will
probably receive calls from current and prospective clients inquiring about
California's take on the stand your ground laws. While most citizens are
concerned about the possibility of criminal charges, you should be prepared to
answer questions about both criminal consequences and civil liability for the
use of force.
First, you might explain to clients that California
has a Castle Doctrine, but it does not have an explicit, Florida-style stand
your ground statute. The state's Castle Doctrine, California Penal Code sec.
198.5, states that a person who uses deadly force against an intruder in his
home is presumed "to have held a reasonable fear of imminent peril of death or
great bodily injury to self" and acted in self-defense.
Further, the Judicial Council's Criminal Jury Instructions on self-defense
state, "A defendant is not
required to retreat. He or she is entitled to stand his or her ground and
defend himself or herself and, if reasonably necessary, to pursue an assailant
until the danger of (death/great bodily injury) ... has passed."
In any self-defense case, however, the jury instructions state that a person
"is only entitled to use that amount of force that a reasonable person would
believe is necessary in the same situation. If the defendant used more force
than was reasonable, the [attempted] killing was not justified."
Second, you could counsel clients that -- regardless of whether a person is
considered guilty of a criminal offense -- a jury can find civil liability for
an injury. The most famous California case in which this happened was the O.J.
Simpson trial. While the jury in Simpson's criminal trial concluded that there
was not enough evidence to find Simpson guilty "beyond a reasonable doubt," the
jury in Simpson's civil liability trial found enough evidence to conclude that
Simpson wrongfully
caused his wife's death by a "preponderance of the evidence."
Finally, remind clients to think before using deadly force. The Trayvon
Martin tragedy raises the point that stand your ground laws promote a "shoot
first, think later" mentality. Even if a client avoids jail or even civil
liability for killing a perceived aggressor, he has to live with the fact that
he took another life.
Related Resources:
- 'Stand
Your Ground' Laws: State by State (FindLaw's Blotter)
- FL
Teen Killed by Neighborhood Watch Leader (FindLaw's Blotter)
- Can
I Shoot a Burglar in Self Defense? (FindLaw's Blotter)
TRAYVON MARTIN
Stand Your Ground and Civil Liability: What Do You Tell Clients?
The tragic death of 17-year-old Trayvon Martin has prompted a national
dialogue about "stand your ground" laws and the Castle Doctrine. Many question
whether George Zimmerman, a Sanford, Fla. neighborhood watch leader, should
evade prosecution under Florida's stand your ground law, which allows
the use of force if a person "reasonably believes" it is necessary to
protect the person's own life, the life of another, or to prevent a forcible
felony, reports USA Today. Critics say that Zimmerman was unreasonable
in shooting Martin, who was armed only with Skittles and iced tea.
As the Trayvon Martin case continues to unfold, California lawyers will probably receive calls from current and prospective clients inquiring about California's take on the stand your ground laws. While most citizens are concerned about the possibility of criminal charges, you should be prepared to answer questions about both criminal consequences and civil liability for the use of force.
As the Trayvon Martin case continues to unfold, California lawyers will probably receive calls from current and prospective clients inquiring about California's take on the stand your ground laws. While most citizens are concerned about the possibility of criminal charges, you should be prepared to answer questions about both criminal consequences and civil liability for the use of force.
First, you might explain to clients that California
has a Castle Doctrine, but it does not have an explicit, Florida-style stand
your ground statute. The state's Castle Doctrine, California Penal Code sec.
198.5, states that a person who uses deadly force against an intruder in his
home is presumed "to have held a reasonable fear of imminent peril of death or
great bodily injury to self" and acted in self-defense.
Further, the Judicial Council's Criminal Jury Instructions on self-defense state, "A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/great bodily injury) ... has passed."
In any self-defense case, however, the jury instructions state that a person "is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. If the defendant used more force than was reasonable, the [attempted] killing was not justified."
Second, you could counsel clients that -- regardless of whether a person is considered guilty of a criminal offense -- a jury can find civil liability for an injury. The most famous California case in which this happened was the O.J. Simpson trial. While the jury in Simpson's criminal trial concluded that there was not enough evidence to find Simpson guilty "beyond a reasonable doubt," the jury in Simpson's civil liability trial found enough evidence to conclude that Simpson wrongfully caused his wife's death by a "preponderance of the evidence."
Finally, remind clients to think before using deadly force. The Trayvon Martin tragedy raises the point that stand your ground laws promote a "shoot first, think later" mentality. Even if a client avoids jail or even civil liability for killing a perceived aggressor, he has to live with the fact that he took another life.
Related Resources:
Further, the Judicial Council's Criminal Jury Instructions on self-defense state, "A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/great bodily injury) ... has passed."
In any self-defense case, however, the jury instructions state that a person "is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. If the defendant used more force than was reasonable, the [attempted] killing was not justified."
Second, you could counsel clients that -- regardless of whether a person is considered guilty of a criminal offense -- a jury can find civil liability for an injury. The most famous California case in which this happened was the O.J. Simpson trial. While the jury in Simpson's criminal trial concluded that there was not enough evidence to find Simpson guilty "beyond a reasonable doubt," the jury in Simpson's civil liability trial found enough evidence to conclude that Simpson wrongfully caused his wife's death by a "preponderance of the evidence."
Finally, remind clients to think before using deadly force. The Trayvon Martin tragedy raises the point that stand your ground laws promote a "shoot first, think later" mentality. Even if a client avoids jail or even civil liability for killing a perceived aggressor, he has to live with the fact that he took another life.
Related Resources:
- 'Stand Your Ground' Laws: State by State (FindLaw's Blotter)
- FL Teen Killed by Neighborhood Watch Leader (FindLaw's Blotter)
- Can I Shoot a Burglar in Self Defense? (FindLaw's Blotter)
Sunday, April 1, 2012
Kurt K. Robinson blogspot
 |
| kroblaws@gmail.com kkroblaw@gmail.com |
.jpg)
Legal, Fitness and Wellness blogspot for
K ROB LAW
Table of contents▼
· RECENT DEVELOPMENTS IN CALIFORNIA
· GENERAL INTEREST
what to do when your stopped for a dui
- BEST TRAVEL PRODUCTS
- KISS OFF STRESS
- Is Your House Killing You?
- Weight Loss tips
- Bikgram Yoga
- Real Job Descriptions
- Man tries to pay for fast food meal with pot
HOW TO AVOID DUI
ThCalifornia DUI breath tests are subject to a wide range of errors. These
include (but are not limited to)
The first and most obvious way to avoid a drunk driving arrest is not to drive after drinking. (Notice I didn’t say, “don’t drive drunk.” It stands to reason that you shouldn’t drive drunk, but if you want to avoid a DUI arrest, you also should not drive after drinking even if you are not drunk The reality is that a number of people are going to feel that they are unimpaired and will get behind the wheel after having imbibed. 1. Don't drink and drive! If you have been drinking, call a taxi or have a friend drive you home
These drivers may even be right about being
unimpaired: the National Highway Traffic Safety Administration (NHTSA), a
branch of the U.S. Department of Transportation, notes that “virtually all
drivers are substantially impaired at 0.08 BAC [blood-alcohol
concentration].” Not only does this leave some room even for people at the 0.08% BAC level, the fact
remains that people below that level may not be so unimpaired as to be unable
to legally drive.If you’re driving after
drinking and your registration tag has expired, you’re tempting fate.
Don’t do it. Don’t speed. (Don’t drive too slow, either!) if your
windows are tinted, the officer may testi-lie that he thought maybe they were
tinted more than the law allows, WHICH IS NONE IN CALIFORNIA. Inspect your car and make sure all
lights are working. Many times persons are stopped by an officer because a
tail light is out or the car has some other problem. The officer then smells
alcohol when he walks up to the driver’s window and DUI-Drunk Driving
investigation follows. Between the hours of
Or maybe your rear turn signal, or brake lights, weren’t working.
Perhaps one of the bulbs was out on your rear license plate
People get freaked out when they are pulled over, Relax.
Roll down your window. Get your license, registration and insurance ready, it
helps to keep all your paperwork in a clearly marked envelope in the glove
box so you won’t have to dig around for it. Keep your hands on the wheel, or
where the officer can see them. What you want to do is put the officer at
ease. You want to bring him DOWN AND CALM HIM A BIT.
You want to try to make contact, hold you head on an
angle away from the the cop but not directly toward the windshield. Do not let
the police officer check your eyes and do not agree to take other Field
Sobriety Tests especially if you think that you are drunk.
If you are suspected of DUI-Drunk Driving, the police officer will usually first want to check your eyes. He will ask you to hold your head still and follow his pen or finger with your eyes only. This is called the Horizontal Gaze Nystagmus (HGN) test which is a Field Sobriety Test. Nystagmus is the involuntary jerking of the eyes. When the test is administered correctly by the officer and Nystagmus is detected, it can be an indicator that the alcohol is present in the suspected driver’s blood. The problem is that many officers DO NOT administer the test correctly and will often short-cut the test, but yet the officer will write in the arrest report that he/she observed “clues” supporting an arrest for DUI – Drunk Driving. The HGN test is nothing more than a tool for the officer to use to gather evidence that will be used against you. Since the HGN test is a voluntary test, it is your right to elect NOT to participate in the test. An honest officer cannot write that you failed a test that you elected not to do. Always be polite, but say to the officer “on the advice of my attorney, I elect not to participate in any filed sobriety tests.” Absolutely never make a statement.The point is, if you’ve had a drink before getting behind the wheel, it will be even more important that you know every aspect of your car is in working order and doesn’t violate any legal codes. If you arestopped by a police officer “just because,” you might win your DUI case based on the stop being unconstitutional. It's the same as robbing the bank and calling in advance when you give a statement!!!
These drivers may even be right about being
unimpaired: the National Highway Traffic Safety Administration (NHTSA), a
branch of the U.S. Department of Transportation, notes that “virtually all
drivers are substantially impaired at 0.08 BAC [blood-alcohol
concentration].” Not only does this leave some room even for
people at the 0.08% BAC level, the fact remains
that people below that level may not be so unimpaired as to be unable to legally drive.If you’re driving after
drinking and your registration tag has expired, you’re tempting fate.
Don’t do it. Don’t speed. (Don’t drive too slow, either!) if your
windows are tinted, the officer may testi-lie that he thought maybe they were
tinted more than the law allows, WHICH IS NONE IN CALIFORNIA. Or maybe
your rear turn signal, or brake lights, weren’t working. Perhaps one of
the bulbs was out on your rear license plate. Do Not drive though
drive-thru fast food restaurants.
TAKE OFF ALL BRACELETS SHOWING YOU BEEN TO A CLUB,DO NOT USE YOUR PHONE
OR
If the fast food restaurant workers
believes you are under the influence, they will call the police. The
fast food restaurant workers will use various tactics to detain you, such as “it will take a few minutes to
cook your order.. can you pull around and park and we’ll bring your food out
to your car.”
|
People v. Stillwell
Prosecutor does not fail to prove reliability of narcotics detection dog used to sniff vehicle although narcotics were not found in vehicle.
Federal courts must credit California
Starr V. Baca US Court of Appeals – Ninth Circuit
Sheriff may be liable for constitutional violations of subordinates because failure to act in stopping conduct shows deliberate indifference.
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing.
Possession of Less Than an Ounce of Marijuana is Now an Infraction: Under current California January 1, 2011 , possession of less than an ounce will be considered an infraction, punishable by not more than a $100 fine.
Medical Marijuana Dispensary Restrictions: Medical marijuana collectives may not operate within 600 feet of a school. Grand Theft Dollar Amount Threshold: The threshold amount, which was previously $400, will go up to $950. Grand theft can be charged as either a felony or misdemeanor. A felony grand theft conviction has a penalty of up to three years in state prison. A misdemeanor grand theft conviction is punishable by up to one year in the county jail.
Infractions eligible for dismissal (expungement): The new law authorizes the court to expunge a former conviction for most infractions. Previously, only misdemeanors and some felonies were available for expungement. Those applying to have their infractions dismissed are eligible one year from the date of conviction and, at the time of filing the petition, must not be on active probation or facing any other open cases.
Restitution for Identity Theft Victims To Include Credit Repair and Credit Monitoring: In addition to existing punishments and restitution requirements, people convicted of identity theft will now also be responsible for the costs to repair and monitor the victim's credit report for as long as it is "reasonably necessary to make the victim whole."
New Law for Child Abuse Cases: Caregivers who abuse young children in a way that causes serious injury, such as coma or paralysis, will now face up to life in prison.
Motorcycle Theft Tools: This law defines a new misdemeanor that is committed when a person possesses gives or lends a tool or device with the specific intent or knowledge that it will be used to facilitate the theft of a motorcycle. These tools and devices include, but are not limited to, bolt cutters, electrical tape, wire strippers, allen wrenches or any device designed to bypass the factory-installed ignition of a motorcycle in order to start the engine of a motorcycle without a manufacturer's key. A conviction of this crime is punishable by up to six months in the county jail and/or a fine not to exceed $1,000.
Ammunition Sales Restrictions:
Beginning
The best travel friendly products
Sharps Shave Stick
Through billed as a preshave balm, this stick is so good at softening whiskers and slicking up your skin that it can stand up to a blade all on its own. $16, sharpusa.com
4-in-1 Face Wipe
This powerful disposable cloth cleanses, repairs, firms and moisturizes your skin in just a few seconds. Simply wipe it across your face and let the bacteria-fighting ingredients do the rest. $35, mdskindcare.com
Power Razor
The razor has come a long way since the plastic disposables of yesteryear, and The Art of Shaving is determined to showcase those advancements. Its new razor micropulses (for a closer, smoother shave) and the LED light illuminates the shadowy areas under your chin and jaw line. The future of shaving is bright, indeed.theartofshaving.com, $150
Anti-Jet Lag Relief
This “emergency booster” employs two differently weighted hyaluronic acids to replenish tight, dehydrated skin. The lighter one penetrates the dermis to build a water reservoir that retains 1,000 times its own molecular heft, and the heavier one remains topside, forming a protective barrier on your face. $45, saksfifthavenue.com
Hair Powder
Travel-size shampoos are fine, but those tiny bottles often provide only enough products for a few washings. For longer trips, hair powers are a goop-free alternative with solid benefits. This one from Bumble and Bumble uses oat starch and cornstarch to absorb excess oil, leaving behind clean hair with increased volume and culpability. $19, bumbleandbumble.com
Powdered Mouthwash
Just add water, and the alcohol- and sugar- free elixir that results will conquer even the worst morning breath. The rinse contains the company’s patented ingredient, Calprox, which nonabrasive dissolves the protein pellicles on teeth to which coffee, tobacco, red wine, and plaque adhere. No bulky bottle and clean, white teeth? Now that’s something to smile about. $16, supersmile.com
Kiss off Stress
Ten ways to beat stress in 10 minutes or less
Since a restful night’s sleep or an hour at the gym isn’t always possible, here are 10 ways to stress less.
1 Second: Swear
Researchers at Norwich
- Taking a fish oil pill, which is packed with Omega-3's, will help fight weight gain and keep your belly from expanding. According to research from Pittsburgh , people with the highest blood levels of EPA and DHA omega-3 fatty acids are happier, less impulsive, and more agreeable. Try a daily supplement of 400 milligrams each of EPA and DHA fish oils.
10 Seconds: Eat Dark Chocolate
A study published in Proceedings of the National Academy of Sciences showed that the falconoid in cocoa relax your body’s blood vessels. Look for low-fat dark chocolate, which has more stress-busting falconoid than milk chocolate.
30 seconds: Know Your Hoku
brew some tea
Avoid the Deadly Hazards Lurking in Your Home
Postponed Produce
How it happens: You already know bird-borne salmonella can kill you. Even if you treat raw poultry like toxic waste when cooking it, you may not be clear. While cutlets defrost in the fridge, salmonella can drip onto porous produce.
The fix: When defrosting poultry, cover it with plastic wrap and place it on a plate away from other foods, says Stanley Maloy, Ph.D.,
a dose of painkiller, bare-footing it in the gym shower, slinking into bed without brushing your teeth, or simply frying up an egg that's past the date stamped on the carton, you can't help but hear a little voice in the back of your head saying, "You know you're not supposed to do that." (Why does that voice always sound like a cross between your mother and your eighth-grade health teacher?") But do these little infractions truly put your health at risk? In some cases, corner cutting has only minor (if any) repercusions. But in others, playing fast and loose with rules can lead straight to the ER. Read the following guide, with ratings on a scale of one to five, and find out how carefully you should place your bets.
Wearing Disposable Contact Lenses Longer than Recommended
Risk Rating: 5
Whether your lenses are supposed to last a day or a month, it's not a good idea to save a few bucks by stretching out their life span, says Thomas Steinemann, an associate professor of ophthalmology at Case Western Reserve Medical School, in Cleveland: "Even when you clean and disinfect them, lenses and lens cases become coated with germs and protein over time."
At the very least, wearing contacts past their prime can irritate your eyes, forcing you to wear clunky glasses while your eyes recover. At worst, you can develop an infectious corneal ulcer that leaves scar tissue, reducing your vision or - in extremely rare cases - causing permanent blindness. Replacing lenses with new ones as directed will ensure that you see clearly and avoid issues with your eyes.
Going to Bed Without Brushing your Teeth
Risk Rating: 1
If you plop into bed exhausted one night and forget to brush your teeth, the worst thing that will happen is you'll wake with bad breath and a filmy taste in your mouth. "It takes about 24 hours for a really good layer of bacterial plaque to build up on teeth, so as long as you do a super job brushing and flossing the next day, it's not the end of the world," says Kimberly Harms, D.D.S., consumer adviser for the American Dental Association. (For the most part, Harms stresses, you should brush your twice a day and floss daily.)
One caveat: Diabetics, pregnant women, smokers, and people with immune system disorders have an increased risk of gum disease and need to be extra diligent about oral health. So if you fall into one of those categories, drag yourself out of bed and brush.
Popping one of your Husband's Sleeping Pills
Risk Rating: 4
It's so tempting. You're tossing and turning, and his sleeping pills sit on the nightstand, promising a quick fix. But you're better off counting sheep, because the same pill that send your spouse safely to slumber can have a very different effect on you, says Rick Kellerman, M.D., president of the American Academy of Family Physicians. "When the doctor wrote the prescription, he took into account your husband's overall health and any other drugs he might be taking." says Kellerman. When you use someone else's medication, you run a greater-than-average risk of experiencing dangerous drug interactions and adverse side effects.
If you consistently have trouble falling asleep, try homespun fixes, like limiting caffeine and listening to soothing music or white noise. Or see your doctor for your own prescription.
Nutrition/Diet
WEIGHT LOSS TIPS- Have you ever wondered why you continue to eat even after you feel stuffed??? People continue to eat even after they are full because free radicals attack neurons called PMOC's, which help control your appetite. To break away from gorging during large meals it is recommended that you eat smaller (400 calorie) meals that contain lean proteins throughout your day.
- Adding low-fat dairy to your diet will help in reversing the drop in bone density. Small servings at three meals during your day is a great way to incorporate dairy into your diet. For example: for breakfast you could have a cup of skim milk, at lunch you can have a cup of nonfat yogurt and for dinner add an ounce of low fat cheese.
- Since portions are much larger today we recommend that when your crunched for time and find yourself at a fast food restaurant, you order a bottle of water instead of ordering a soft drink. By doing this you don't need to worry about the unneeded calories and sugars.
- If you can't live without cereal in the morning try and go with a whole grain cereal (with 2 or more grams of fiber per serving), no more than one milligram of sodium per calorie, any high-fructose corn syrup or partially hydrogenated oils.
- An easy food group ratio to remember is 4:3:2:1
4 parts: FRUIT
3 parts: Lean Protein and Low Fat Dairy Products
2 parts: Whole Grains
1 part: Heart Healthy Fats
- Keep a record of everything you eat so you can monitor your daily calorie intake.
Bikram yoga
Sequence selected and developed by Bikram Choudhury from Hatha Yoga.
· It has been proved and experienced by millions that these 26 postures systematically work every part of the body, to give all the internal organs, all the veins, all the ligaments, and all the muscles everything they need to maintain optimum health and maximum function. Each component takes care of something different in the body, and yet they all work together synergistically, contributing to the success of every other one, and extending its benefits.
· Bikram Yoga can be practiced under the guidance of a certified Bikram Yoga Teacher at one of the affiliated Bikram Yoga studios.
- Practicing yoga not only increases our supplies of oxygen, but it also teaches us how to use that oxygen properly – we learn to control the breath through pranayama.
COMING NEXT HOW TO AVOID DUI AND FORECLOSURE BASICS
COMING SOON
THE
CASTING AND MODELING GROUP
Subscribe to:
Posts (Atom)