Wednesday, February 3, 2010

Legal Help Live Show Notes

Legal Help Live offers free legal advice each Wednesday at 4 PM. During the show the Hosts take calls from viewers with legal situations from parking tickets to personal injury. Viewers can catch the show on LA cable channel 36 or 16 in Santa Monica. Online the show can be viewed on LA36.org.

If you'd like to ask the Hosts a question call 1(800)405-4222

SHOW TOPICS -3-2010

-Air passengers who refuse a full body scan to be barred from their flight - Air passengers who refuse to submit to controversial full body scans will be barred from boarding their
flights. The technology - which has been strongly condemned by civil liberties campaigners - began operating at Heathrow and Manchester airports yesterday. Birmingham will follow suit later this month before the anti-terror devices are rolled out nationally.
-California’s hand-held cellphone ban hasn’t reduced crashes, study says –LATimes -
The accident rate before and after the law took effect has not significantly changed,
according to the Highway Loss Data Institute.
-Cat Predicts 50 deaths in RI nursing home – A cat with an uncanny ability to detect when nursing home patients are about to die has proven itself in around 50 cases by curling up with them in their final hours, according to a new book.
-Use of Twitter, Facebook rising among gang member –The Associated Press
-Revenue from red-light cameras is also on the rise, doubling L.A. from $200,000 a month in 2007 to $400,000 a month at the end of 2009, according to estimates prepared by the Los Angeles Superior Court, which processes ticket payments. The city more than doubled the amount charged for motorists who make rolling right turns against red lights from $156 to $381 in 2008, bringing it in line with other cities. Additional costs, including traffic school fees, often add to the price drivers pay. Last year, the state increased the fines for traffic tickets and used the proceeds to help renovate courthouses. The changes included a $35 surcharge on traffic tickets. With California mired in recession and residents unwilling to pay more taxes, focusing on parking and traffic fines is one of relatively few politically palatable ways to raise revenue. But the tactics anger some drivers -- as well as tax groups and driving organizations.
-California Supreme Court upholds state enforcement of sex offender ban – Contra Costa Times -
Voter-approved limits on where sex offenders can live may be enforced on parolees who committed their
sex crimes long before Jessica's Law passed, the California Supreme Court ruled Monday.
But the court did not clarify what happens once they leave parole, or if the law applies to county
probationers, frustrating law enforcement officials who had hoped the court would settle vexing questions
over the most controversial provision of a 2006 ballot measure backed by 70 percent of voters.
The ruling means state parole agents can continue their strict enforcement of a ban on sex offenders living
within 2,000 feet of a school or park where kids "regularly gather."
"It matters not ... whether the registered sex offender is being released on his current parole for a sex or
nonsex offense," Justice Marvin Baxter wrote in the majority opinion. To rule otherwise, he wrote, would
grant parolees with earlier sex convictions "a free lifetime pass" from the ban.
-Herbal Remedies may be risky with heart drugs-Researchers say some supplements should be avoided by patients taking heart drugs – WebMD Health News - Patients taking heart drugs are at risk for potentially dangerous interactions when they also take herbal supplements such as ginkgo biloba, St. John's wort, and garlic, an analysis shows. Investigators with the Mayo Clinic identified herbal and alternative products that they say should be avoided by patients with heart disease. They claim the products could cause problems when taken with drugs commonly prescribed to lower blood pressure, control cholesterol, stabilize heart rhythms, or prevent blood clots.
-Request for restraining order against Paris Hilton Denied – A man from Long Beach, California is afraid of Paris Hilton. A guy named Ramiro Benitez filed for a restraining order against the hotel heiress, claiming she has threatened him "sexually, physically and financially." Unfortunately for him, a judge has denied the request.
-Official says Jackson doctor to be charged – Associated Press - A law-enforcement official says prosecutors plan to charge Michael Jackson's doctor with manslaughter rather than take the case to a grand jury. The official told the Associated Press on Tuesday that prosecutors will file a criminal complaint against Dr. Conrad Murray in court. The complaint would be the prelude to a hearing in which a judge would weigh testimony from witnesses to decide if there is probable cause to try him on an involuntary manslaughter charge. Mr. Jackson died June 25 from an anesthetic overdose. Dr. Murray maintains nothing he gave Mr. Jackson should have killed him.
-Pill that will help you live to 100 - A PILL to help people live to 100 free from debilitating health problems is set to "revolutionise" ageing, experts said yesterday. The breakthrough has come after scientists identified three “super-genes”. People born with the genes are 20 times more likely to reach a century – and 80 per cent less likely to develop the senility disease Alzheimer’s.
-Tenants win $1 Million Settlement – Daily Journal -More than 100 current and former tenants, including 59 children, of a Palmdale apartment complex will receive nearly $1 million from the settlement of a habitability suit lodged against the former manager and owner of the building. The settlement was reached through mediation and approved by Los Angeles County Superior Court Judge Robert O'Brien in January, but the settlement funds from the defendants' insurers came through last week. After attorney fees, the 59 children will receive $3,200 each and the 56 adults will receive $7,000, under the terms of the agreement.
-The suit, Blaire et al vs. HLBP, Inc. et al, filed in July 2009, alleged living conditions at the 52-unit Sonterra Apartments on 12th Street East – including fleas, cockroach feces, mold and leaks – caused residents to suffer respiratory problems and rashes. It named the Westminster-based company that owns the building, HLBP Inc., its president Lindsie Kim Pham.
"If we did one thing in this case, it was to stop this landlord from managing the property and affecting the
lives of people who live there," said attorney Robb Strom of Strom & Associates in Los Angeles, who
represented the 115 plaintiffs. "We accomplished a little bit of a change in the lives of each of the tenants
who now have an opportunity to move and have a little bit of money where they can improve their lives in
a little way." The defendants were represented by Kere Tickner of Bremer, Whyte, Brown & O'Meara in Newport Beach. Tickner did not immediately return a call seeking comment. In 2009, Los Angeles County and Palmdale health and safety officials cited the building for more than 400 health and safety code violations, including broken heating, air conditioning and fans, leaky toilets and showers, water damage and missing flooring.

Tuesday, February 2, 2010

Got a Radar Speeding Ticket?

GOT A RADAR SPEEDING TICKET?

There you are, alone in traffic court thinking, “Am I wasting my time trying to get out of this speeding ticket even though I know I wasn’t going as fast as the radar reported?”

Why Hire An Attorney?
Without legal representation, a defendant can easily be intimidated by the prosecutor, the statistics involving the radar’s reading and the police officer’s testimony. Case closed, the defendant has lost and now faces a traffic fine, points against his/her DMV record and higher vehicle insurance.

With experienced legal representation or even if you choose to represent yourself, here’s what should happen.

A Discovery Request
Before going to trial, you request copies of documents about the radar issued speeding ticket, including - a list of witnesses for the prosecution; all records regarding the maintenance and calibration of the radar equipment; each radar training certification issued to the officer and all of his notes, along with the speeding ticket.

Radar Not A Perfect Science
Those familiar with the process know that 10-20% of all radar-backed speeding tickets are issued in error. If the radar is operated from a moving police vehicle, the number of inaccurate tickets may be as high as 30%. Several years ago, a Miami television station showed a radar gun clocking a palm tree at 86mph and a house at 28mph.

Objecting To Foundation
Before the results of radar can be used in court, its calibration and maintenance must be established. The officer’s testimony alone is insufficient. If you object as to hearsay and foundation and those foundational facts can’t be established, maybe you walk out of the court room not guilty.

Cross-examination
Was the officer trained in the use of the radar device? Was it operated under manufacturer’s requirements? Did the officer test the radar before and after the arrest? Did outside interference cause the wrongful reading or was it the defendant’s car that actually caused the speed reading?

You Decide
You can always pay the ticket. But you can choose to contest, and you just may win if you or your attorneys are prepared.

Solomon, Saltsman & Jamieson represent clients in Personal Injury trials

Tuesday, January 26, 2010

Legal Help Live Show Notes

Legal Help Live offers free legal advice each Wednesday at 4 PM. During the show the Hosts take calls from viewers with legal situations from parking tickets to personal injury. Viewers can catch the show on LA cable channel 36 or 16 in Santa Monica. Online the show can be viewed on LA36.org.

If you'd like to ask the Hosts a question call 1(800)405-4222

SHOW TOPICS 1-27-2010

-cross examination of experts laboratory technicians - 6th amendment right supreme court
-Pension Board Dodges Felony Charges-San Diego no conflict of interest-state Supreme Court
-Lawyer Arrested for Homeowner Scams - The first lawyer to be arrested for scamming desperate homeowners seeking mortgage modifications was taken into custody early Friday morning for allegedly defrauding more than 400 victims.
-Toyota recalls 2.3 million cars to accelerator problems
-California girl Abby Sunderland, 16, starts solo sail around globe, from ESPN.comA 16-year-old has set out to become the youngest person to sail around the world alone.
-Campaign finance rules declared invalid by US Supreme court 5 to 4
-State limit on medical pot rejected by Supreme Court -The California Supreme Court on Thursday unanimously struck down state limits — and, most likely, local limits, too — on how much marijuana a patient or caregiver can possess or grow for medical purposes. But the state's highest court revived another part of state law that a lower court had ordered voided, protecting the state's voluntary identification-card program for patients and caregiver
-NTSB blames engineer for crash – opens door for more liability –metro link
-Apple tablet seen nearing $3 billion business in first year, By Neil Hughes - Selling an estimated 5 million units in its first year as a "base case" scenario, Apple's tablet would earn the company $2.8 billion in additional revenue and solidify it as more than a niche product, a prominent investment baking firm said Friday.
-Fla. woman fights ruling that kept her in hospital - TALLAHASSEE, Fla. (AP) - Samantha Burton wanted to leave the hospital. Her doctor strongly disagreed, enough to go to court to keep her there. She smoked cigarettes during the first six months of her pregnancy and was admitted on a false alarm of premature labor. Her doctor argued she was risking a miscarriage if she didn't quit smoking immediately and stay on bed rest in the hospital, and a judge agreed. Three days after the judge ordered her not to leave the hospital, Burton delivered a stillborn fetus by cesarian-section. And six months after the pregnancy ended, the dispute over the legal move to keep her in the hospital continues, raising questions about where a mother's right to decide her own medical treatment ends and where the priority of protecting a fetus begins.



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Wednesday, January 20, 2010

Legal Help Live Show Notes

Legal Help Live offers free legal advice each Wednesday at 4 PM. During the show the Hosts take calls from viewers with legal situations from parking tickets to personal injury. Viewers can catch the show on LA cable channel 36 or 16 in Santa Monica. Online the show can be viewed on LA36.org.

If you'd like to ask the Hosts a question call 1(800)405-4222

SHOW TOPICS 1-20-2010
-Governor wants to catch speeders with red-light cameras to help balance budget,
LA Times, Friday Jan. 8, 2010
California drivers could get stuck with speeding tickets even with nary a cop in sight under a proposal tucked deep in the budget Gov. Arnold Schwarzenegger unveiled today.
The Republican governor wants to let cities and counties install speed sensors in red-light cameras to ticket speeding drivers. Those whizzing by the detectors up to 15 mph above the limit would have to fork over $225 per violation. Those going faster than that would pay $325 under the plan.
Red-light cameras already exist in communities across the Southland, from Beverly Hills to Yucaipa. The governor wants to install speed detectors in 500 of those cameras, which would nab an estimated 2.4 million speeding violators per year, according to the finance department estimates
-WHO IS FAT LAWSUIT - This is heavy. Weight Watchers is suing rival diet company Jenny Craig over ads that it says are misleading and deceptive. Weight Watchers is taking issue with a purported study that the ads say favors Jenny Craig's pre-packaged meals over Weight Watchers' slim-down approach. Weight Watchers says there's no such study. No immediate word from Jenny Craig about that allegation.
-BAN TANS -Lastly, one more tidbit from our friends at the FDA. They say they're going to take a closer look at tanning beds. Turns out those UV-heavy devices pose a cancer risk. You think?
-California lawmaker proposes ski helmet law -NewsOK.com (blog) - bob doucette –The rundown is there is a state legislator in California who is proposing a law that would require helmets for skier and snowboarders under age 18.
-Metro Link Report-Red or Green-National Safety Board.
-Saudi girl, 13, sentenced to 90 lashes after she took a mobile phone to school, By Mike Theodoulou. A 13 year old girl has been sentenced to 90 lashes and two months prison in Saudi Arabia after she took a mobile phone to school. A court ordered the girl to be flogged in front of her classmates following an assault on the school principal, according to the Saudi daily newspaper. After the assault she was discovered to have concealed a mobile phone, breaking strict Saudi regulations banning the use of camera-equipped phones in girls’ schools.
-Residents wrestle to represent Westwood, by Martha Groves – Some are pushing for a neighborhood council sanctioned by the city; existing groups say they are sufficient. The battle has gotten nasty, with crude missives and accusations of secret maneuvering.
-Senate Bill 159 makes permanent California’s “Slow Down and Move Over” law.
-Conan snags nearly $40M in exit agreement with NC
Conan snags nearly $40M in exit agreement with NBC: report – Conan O’Brien is close to signing a nearly $40 million deal to walk away from his job hosting NBC’s “The Tonight Show,” in a new move that will also award severance pay to his employees, The Wall Street Journal reported Tuesday. The deal, which has been fiercely negotiated for the last weeks, will give O’Brien $32.5 million to go on garden leave until September. This would prevent him from hosting any other TV shows if he pockets the cash, but gives him an option to sign other deals. The remaining $7.5 million wil go in severance3 pay to about 200 of Conan’s “Tonight Show” employees after they expressed outrage about the prospect of going penniless, reports said.
- China says Google no exception to the law, Reuters – BEIJING – Google Inc will not be treated as an exception to China’s demand foreign companies obey its laws, the Foreign Ministry said on Tuesday, a week after the world’s largest search engine warned it could pull out of China. Google said last week it and other companies were targets of sophisticated cyber-spying from China that also went after Chinese dissidents. It also said it no longer wants to censor its Chinese Google.cn search site and wants talks with Beijing about offering a legal, unfiltered Chinese site.

Legal Help Live Show Notes

Legal Help Live offers free legal advice each Wednesday at 4 PM. During the show the Hosts take calls from viewers with legal situations from parking tickets to personal injury. Viewers can catch the show on LA cable channel 36 or 16 in Santa Monica. Online the show can be viewed on LA36.org.

If you'd like to ask the Hosts a question call 1(800)405-4222

SHOW TOPICS 1-20-2010
-Governor wants to catch speeders with red-light cameras to help balance budget,
LA Times, Friday Jan. 8, 2010
California drivers could get stuck with speeding tickets even with nary a cop in sight under a proposal tucked deep in the budget Gov. Arnold Schwarzenegger unveiled today.
The Republican governor wants to let cities and counties install speed sensors in red-light cameras to ticket speeding drivers. Those whizzing by the detectors up to 15 mph above the limit would have to fork over $225 per violation. Those going faster than that would pay $325 under the plan.
Red-light cameras already exist in communities across the Southland, from Beverly Hills to Yucaipa. The governor wants to install speed detectors in 500 of those cameras, which would nab an estimated 2.4 million speeding violators per year, according to the finance department estimates
-WHO IS FAT LAWSUIT - This is heavy. Weight Watchers is suing rival diet company Jenny Craig over ads that it says are misleading and deceptive. Weight Watchers is taking issue with a purported study that the ads say favors Jenny Craig's pre-packaged meals over Weight Watchers' slim-down approach. Weight Watchers says there's no such study. No immediate word from Jenny Craig about that allegation.
-BAN TANS -Lastly, one more tidbit from our friends at the FDA. They say they're going to take a closer look at tanning beds. Turns out those UV-heavy devices pose a cancer risk. You think?
-California lawmaker proposes ski helmet law -NewsOK.com (blog) - bob doucette –The rundown is there is a state legislator in California who is proposing a law that would require helmets for skier and snowboarders under age 18.
-Metro Link Report-Red or Green-National Safety Board.
-Saudi girl, 13, sentenced to 90 lashes after she took a mobile phone to school, By Mike Theodoulou. A 13 year old girl has been sentenced to 90 lashes and two months prison in Saudi Arabia after she took a mobile phone to school. A court ordered the girl to be flogged in front of her classmates following an assault on the school principal, according to the Saudi daily newspaper. After the assault she was discovered to have concealed a mobile phone, breaking strict Saudi regulations banning the use of camera-equipped phones in girls’ schools.
-Residents wrestle to represent Westwood, by Martha Groves – Some are pushing for a neighborhood council sanctioned by the city; existing groups say they are sufficient. The battle has gotten nasty, with crude missives and accusations of secret maneuvering.
-Senate Bill 159 makes permanent California’s “Slow Down and Move Over” law.
-Conan snags nearly $40M in exit agreement with NC
Conan snags nearly $40M in exit agreement with NBC: report – Conan O’Brien is close to signing a nearly $40 million deal to walk away from his job hosting NBC’s “The Tonight Show,” in a new move that will also award severance pay to his employees, The Wall Street Journal reported Tuesday. The deal, which has been fiercely negotiated for the last weeks, will give O’Brien $32.5 million to go on garden leave until September. This would prevent him from hosting any other TV shows if he pockets the cash, but gives him an option to sign other deals. The remaining $7.5 million wil go in severance3 pay to about 200 of Conan’s “Tonight Show” employees after they expressed outrage about the prospect of going penniless, reports said.
- China says Google no exception to the law, Reuters – BEIJING – Google Inc will not be treated as an exception to China’s demand foreign companies obey its laws, the Foreign Ministry said on Tuesday, a week after the world’s largest search engine warned it could pull out of China. Google said last week it and other companies were targets of sophisticated cyber-spying from China that also went after Chinese dissidents. It also said it no longer wants to censor its Chinese Google.cn search site and wants talks with Beijing about offering a legal, unfiltered Chinese site.

Thursday, January 14, 2010

Legal Help Live Show Notes

Legal Help Live offers free legal advice each Wednesday at 4 PM. During the show the Hosts take calls from viewers with legal situations from parking tickets to personal injury. Viewers can catch the show on LA cable channel 36 or 16 in Santa Monica. Online the show can be viewed on LA36.org.

If you'd like to ask the Hosts a question call 1(800)405-4222

SHOW TOPICS 1-13-2010

-Lawsuits: AT&T collects illegal taxes in Internet access - Over the last month, a series of federal lawsuits around the country have charged AT&T with illegally collecting” taxes" on wireless data plans. The suits, which all seek class action status, say that there are no such taxes. AT&T is no stranger to being sued. IN the last year alone, the company’s wireless unit has faced big lawsuits from songwriters over its ringtones, lawsuits for slow 3Gspeeds and even attempted class action suites over the phone’s lack of MMS.
-Appeal Request by Dan Rather is Turned Down, By BrianStelter - Dan Rather’s request for an appeal in his lawsuit against CBS Corporation was turned down on Tuesday, marking an apparent end to the high-profile breach of contract case. Mr Rather, the former anchor of the “CBS Evening News,” had appealed to the New York Court of Appeals after the appellate division of New York State Supreme court ruled unanimously in September to dismiss the $70 million lawsuit Mr. Rather had brought against the network in 2007.
-Are California’s traffic safety laws tough enough? - In California, first-year drivers aren’t supposed to drive late at night, let other teens ride in the car with them, or talk on their cell phones when they’re behind the wheel. But Stone says the laws only require secondary enforcement. In other words, "they have to be stopped for some other reason before they can give a ticket." Stone says it’s a weak and ineffective law. And it didn't used to be this way. "All highway safety laws used to be just primary enforcement, "she says. "Secondary wasn’t even an issue. Let’s go back to the days when highway safety laws were enforced as primary enforcement.
-Restaurant Chefs Boiling Over NYC Mayor’s Salt Crackdown, FOXNews – Mayor Bloomberg yesterday defended his latest nanny initiative –a controversial crackdown on salt-by comparing the simple seasoning to killer asbestos in the classroom.
-California could make pot legal, KGET 17 - The bill would "tax and regulate marijuana in a manner similar to alcohol," according to Assemblyman Tom Ammiano.
-California Judge Orders Highway Patrol to Return 60 Pounds of Marijuana to Owner, AllGov
- Five Things We’ll Miss about Sam Raimi & Tobey Maguire’s ‘Spider Man” Franchise, MTV.com – Some fans might point towards continuity deviations, an over abundance of villains and excessive dance sequences as reasons to look forward to the new direction of “Spider-Man”.
-Sarah Palin Slams President Obama, Critics in Fox News Debut, ABC News – Fresh from her book tour, former Alaska Gov. Sarah Palin is trying out a new role as a Fox News pundit.
-California Prop. 8 trial might affect Mich. Laws, MSU State News – The constitutionality of California’s same-sex marriage ban began Monday and its repercussions could change marriage laws nationwide.

Friday, January 8, 2010

Legal Help Live Show Notes

Legal Help Live offers free legal advice each Wednesday at 4 PM. During the show the Hosts take calls from viewers with legal situations from parking tickets to personal injury. Viewers can catch the show on LA cable channel 36 or 16 in Santa Monica. Online the show can be viewed on LA36.org.

If you'd like to ask the Hosts a question call 1(800)405-4222

SHOW TOPICS 1-8-2010

-‘Los Angeles freeways are wide open-recession, unemployment and gas prices’
Sandy Banks, LA Times.
-Los Angeles seeks to scale back pensions for new employee.
-Closure of courts because of budget-will put civil cases on hold and may make it 5 years to get to trial-injured people and all types of non-criminal disputes will be put on hold, LA Times.
-State of California Proposed new execution procedure-so what? 697 people on death row.
-Bankruptcies up, despite law to make filing harder.
*Personal bankruptcy filings rose by nearly a third last year as foreclosures and job losses took their toll on Americans.
*There were 1.41 million personal bankruptcy filings last year, up 32 percent from 2008, the National Bankruptcy Research Center reported. It’s the highest number since 2005, when more stringent bankruptcy laws took effect, according to the Wall Street Journal.
*Many filed for Chapter 7 bankruptcy, which the 2005 law attempted to make it harder to do. Chapter 7 filings allow people to liquidate their assets to pay off some debts and not have to pay others, according to the WSJ, while Chapter 13 filings force those declaring bankruptcy to enter into repayment plans.
-AP names Tiger Woods Athlete of Decade, from Drudge Retort.
* Tiger Woods was selected Wednesday as the Athlete of the Decade by members of The Associated Press, a vote that was more about 10 years of golf in which he won 12 majors and 52 other tournaments. Lance Armstrong finished second, followed by Roger Federer.
-Honor Student Dies After Drinking Binge, from Drudge Retort .
* A 17-year-old honor student at South Pasadena High School died two days after passing out from drinking at a classmate's party. Aydin Salek, 17, was pronounced dead at Huntington Memorial Hospital in Pasadena early Sunday. South Pasadena police said alcohol may have been involved in a collapse so swift and subtle that Salek's friends did not realize at first that anything was wrong.
-Gays Rush to Marry in New Hampshire, from Drudge Retort.
* Gay and lesbian couples rushed to marry in New Hampshire on Friday after the stroke of midnight, when it became the fifth U.S. state to allow same-sex marriage. "Some day this will not even be a news story," said Linda Murphy, 50m after marrying her partner of 19 years. "It will just be a part of life."
-Report on Pilots who Overshot Airport, by Matthew L Wald NYTIMES
* WASHINGTON-The captain of the Northwest Airlines plane that overshot its destination by 150 miles in October told investigators four days later that he was “blown away” by how long he and his first officer had been distracted from their duties, according to documents released Wednesday by the National Transportation Safety Board. The board is investigating the flight, Northwest 188, on Oct. 21, from San Diego to Minneapolis. The crew was out of radio contact with air traffic controllers for 77 minutes.The problem was that the captain, Timothy Cheney, and the first officer, Richard I. Cole, in the isolation of a hijack-proof cockpit, were glued to their laptops, puzzling over a new scheduling system. “This was only supposed to take 10 minutes,” Mr. Cheney told investigators, according to the documents, which contain summaries of interviews with the two pilots as well as other reports in the inquiry.
….After the incident, the F.A.A. revoked the licenses of both pilots. They have filed appeals, which have not yet been heard. The flight, with 144 passengers and 3 flight attendants, made a normal landing, although the police were sent to the gate to double-check that the people in the cockpit were crew, not hijackers.