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Memorable moments from the Ladies & Gentlemen of The Ritz-Carlton
1 of 14
A guest mentioned to the doorman that he had been out fishing that day, and caught a 200-pound yellow fin tuna. The guest said that the fish was in his cooler in the car and asked the doorman if it would be possible to get some extra ice.
The doorman quickly volunteered and offered to do much more than that. The assistant front desk manager took the cooler to the kitchen where the cook supervisor cleaned the fish for the guest. This was no small task. After much work, he cut the meat, and broke it down into smaller pieces. Given the size of the fish, this was not easy.
The cook supervisor went a step further by cleaning the guest's cooler and organizing the small pieces of fish in ice for him to take home. The beautiful piece of tuna was now ready to cook once the guest arrived home. The guest was "wowed" by the entire experience. The hotel took his simple request – delivering more ice - and managed to anticipate his needs and exceed his expectations.
2 of 14
The culinary team at the hotel had their work cut out for them when they learned about an upcoming wedding for a Russian family. The executive chef and specialty chef worked diligently to create an authentic Russian menu for the bride.
The bride came to the hotel for a tasting and sampled all of the chefs' creations. She expressed how wonderful and authentic all of the dishes were, but the executive chef could tell she was not entirely satisfied. The chefs spoke to her about her favorite Russian dishes and she mentioned how all of them were prepared by her grandmother. After learning this, the chefs asked if it would be possible to visit her grandmother and learn the recipes directly from her. The bride-to-be ecstatically agreed to arrange a visit to her grandmother's home.
The two chefs spent an entire day learning all of the grandmother's secret authentic Russian recipes. The team of three created a Russian feast of Piroshki buns, Olivie salad, and Napoleon cake. When the lesson was complete, the chefs were confident they could now create the perfect Russian menu for the guests' wedding.
The guest blogged about her experience saying, "This is a day I know we will never forget. I want to give a special thank you to The Ritz-Carlton, Dallas for making my wedding planning process such an incredible experience. We appreciate everything you do. Your staff truly goes above and beyond the rest. I cannot wait for the wedding day!"
3 of 14
A large group was staying at the hotel on the Club Level. For many of these guests, this was their first visit to China. They were curious about Chinese culture, and seemed particularly intrigued by some of the food offerings in the Club Lounge. One morning, while eating breakfast, they kept commenting on the fried dumplings, asking questions like "How do you make Chinese dumplings" and "What's the filling inside these dumplings?"
The Guest Recognition manager answered the questions, but then came up with a unique idea to "wow" the guests. She thought it would be fun to organize a home-style dumpling class. The Club team could take the guests through the entire process step-by-step, from kneading the dough to preparing the filling and sautéing the dumplings to, of course, sampling them.
The Guest Recognition manager shared her idea with her team, and they immediately got to work to make it happen. She sent out an invitation to all of the guests. One day later, more than 10 guests confirmed to join the event. The Chinese kitchen also provided support by supplying the equipment and preparing the dumpling filling and dough.
On the day of the big event, the Club team set up a special cocktail reception for the guests with a presentation of wine, champagne, beer and soft drinks. Guests were walked through the process, and they all got to work making their own special dumplings. Other Ladies and Gentlemen stepped in to serve the guests, take photos and make the evening a success.
The guests had a fantastic time. One of them commented that it was not only a fun evening, but also a successful team builder for her group, "I'm very appreciative of what you did. It's amazing; it helped me to build my team - it's great!"
4 of 14
The activity coordinator in the Guests Relations department at The Ritz-Carlton, Abama was teaching a class for children and noticed that one of them had a real passion for ballet. Over the week, the two developed a friendship and the activity coordinator even came in before her shift every day to give the girl a private ballet class. She wanted to do something special for the young guest, and decided to teach her a special dance for her parents. She arranged for the hotel's Morocco Jazz Club to have special music and lighting for the performance.
On their last day, the little girl's parents picked her up in the Jazz Club and - to their surprise - found their daughter all dressed up and ready to perform. The couple was very grateful and could not believe how much love and passion the activity coordinator had put into making their daughter's stay so memorable. To complete the experience, the activity coordinator gave the guests a CD with pictures and videos of their daughter's performance so they could share it with family and friends on their return home
5 of 14
A couple from the United States traveled to Beijing with their six-month-old baby girl. This was the couple's first child and they were understandably nervous about traveling with her on a 16-hour flight. They called the hotel before their trip to inquire about babysitting services and the hotel's facilities. When they arrived in Beijing, the hotel gave them a warm welcome to put them at ease. The family was escorted to their room, where the hotel had set up a baby tub with rubber ducks, a baby bottle steamer, milk warmer and a night light for the guests. The hotel also placed a humidifier in the room since the family might not be used to the extremely dry conditions in Beijing. The family was overwhelmed by the hotel's attention to detail.
However, upon arrival, the young baby developed a rash on her neck and body. The babysitter and room attendant came to assist on her day off. She took the initiative to find out the hours of a pediatric hospital nearby. She knew it would be challenging to get an appointment on a weekday with no notice, and found out that if the couple wanted to see a doctor, they would have to wait in line. So, she went above the call of duty and woke up at 2:00 a.m. to obtain a number and a spot in line for the guests. She then waited in line at the hospital for more than six hours. The guests arrived and only had to wait 15 minutes to see the pediatrician. The parents broke down in tears, and were very touched by the babysitter's efforts to treat them like family and the genuine care from the team. Upon departure, they noted that this was their first Ritz-Carlton experience, but definitely not their last.
6 of 14
A trainee at the concierge desk received a phone call from a guest a few minutes before noon. The guest said that her luggage had been lost by the airline and that she needed a formal dress for a function that evening and a business suit for her morning meeting. Unfortunately, the local stores did not carry the guest's size. The chief concierge immediately contacted the local tailor and arranged for him to meet with the guest for an urgent fitting. The guest was very grateful and delighted to see the tailor who rushed off to make the outfits and have them packaged and returned to the guest by 4:30 p.m. that day.
In the meantime, two other concierge staff members followed up on the guest's lost luggage to ensure it arrived the next morning before the guest left for her next destination. Housekeeping also arranged an emergency kit for the guest with pajamas and toiletries and even a small bottle of perfume. The guest was overwhelmed with gratitude and, with tears in her eyes, thanked the entire team for their resourcefulness.
7 of 14
A guest wished to express his gratitude for a great experience during a recent stay at the hotel. The guest explained that he had told the assistant manager on the Club Level that his wife loved the Spaghetti Bolognese served at a hotel in Paris. The guest said that it would be wonderful if hotel could replicate that experience in San Francisco. In an effort to provide an exceptional experience, the assistant manager provided the chefs in the Terrace Restaurant and in-room dining kitchen with the number for the hotel in Paris.
The chefs were able to obtain the recipe and recreate the special dish for the guest and his wife. Room service delivered the perfectly prepared meal to the delight of the guest's wife.
8 of 14
A young couple ordered two Mai Tais from the hotel bartender. They told her that they were "pretending to be in Hawaii" as they had planned a honeymoon at The Ritz-Carlton, Kapalua. However, they had to postpone those plans as the groom discovered he had cancer and would need to begin chemotherapy in a few days. A lounge server overheard this and called the overnight manager to see if he could put something special in their room - perhaps rose petals or chocolate-covered strawberries. When he heard their story, the manager said to give him 20 minutes and delay the couple in returning to their room.
The overnight manager called back a little later and requested to make the couple two tropical drinks. He presented the couple with a pineapple on a plate with a cheerful "Aloha!" and informed them that they had to move to the "Kapalua" room. When the guests opened the door, they were astounded to see their room transformed into a tropical paradise. Orchids covered the floor. Beautiful fish were everywhere. Japanese lamps glowed in the bathroom, and a fishing net was draped over the bed. There were shells and sand over the nightstands. The manager took pictures of the happy couple in "Hawaii," which he printed and enlarged for them as a memento of their stay.
9 of 14
During the winter of 2009, The Ritz-Carlton, Philadelphia faced the ultimate challenge: planning a wedding, in four hours, during a crippling snowstorm. The drama started early on a Saturday morning. The bride and groom had planned an off-site wedding about a half hour outside of the city. Many of the guests were visiting from Australia and staying at the hotel. However, due to a major blizzard and hazardous road conditions, they were trapped in Philadelphia with no means of getting to the big event. All transportation companies were completely shut down and the wedding, two years in the making, was about to be cancelled.
At 9:00 a.m., the bride and groom asked the concierge if they could relocate their wedding to the Grand Ballroom. Within four hours, the Ladies and Gentlemen of The Ritz-Carlton, Philadelphia had prepared a full-blown wedding on-site. Everything from soup to dessert, personalized menus, wedding cake, flowers, special lighting, an eight-piece band and photographer were in place thanks to all who braved the storm to come to work and assist with this impromptu event. There were other heroes, too. The wedding cake vendor was in the city and attempted to deliver the cake to the hotel. When it arrived, it was cracked in three places. The hotel's pastry chef rebuilt the entire cake one hour before the reception began.
The bridal couple had a suite at the nearby hotel that evening. During the reception, the Director of Banquets and the Director of Meetings and Special Events took a picture of the happy couple and placed it in a silver Ritz-Carlton frame. They both trudged through 18 inches of snow to the couple's hotel for the evening and had the gift, along with a personalized wedding card from all the employees, placed in the guest room to surprise the couple when they arrived. This spectacular story landed on the front pages of newspapers throughout Philadelphia with headlines such as "Wedded Blizz."
10 of 14
One spring morning, the Club Concierge and reservations agent were checking the in-house guest list, when they discovered that one of the Club guests - a woman from Japan - was having a birthday. They decided to surprise the guest. Since the guest was in Russia away from her family and friends, they decided to prepare the guest a birthday card in her native Japanese language. The reservations agent immediately searched on the Internet and found the Japanese translation of "Happy Birthday." Once the phrase was found, the two realized that they were presented with a challenge, as the characters were hard to copy. They took turns and carefully copied the phrase on the birthday card. Then, they arranged to have a birthday cake delivered to the room and placed the card next to the cake.
In the evening, the guest came up to the Club Lounge. She was beaming with joy and had a card in her hand. She appreciated the gesture so much that she insisted on leaving them some flowers.
11 of 14
A family with three young children arrived at the hotel for a business/leisure weekend. On the last night of their stay, they dined in the hotel's signature restaurant, The Vernona, which specializes in entirely organic cuisine.
Upon closing of the restaurant, the server attendant found a small stuffed animal tucked underneath a seat cushion. A server immediately recognized that the stuffed animal belonged to one of the young children who had dined at the restaurant earlier that evening. It was too late to return the stuffed animal then, so they planned a fun way to present the toy the next day. They grabbed the community camera behind the front desk and positioned the stuffed animal to look like it was dining in the restaurant, playing the piano and cooking in the kitchen. At each location, they captured the moment on camera, and then made a storyline to go with each photo. They then printed all the photos and created a book of "animal adventures" for the young guest.
The picture book and stuffed animal made its way to the guest's door at 9a.m. the next morning. The young boy was jumping out of his skin with excitement when he saw his lost companion, and his mother responded, "The Ritz-Carlton always goes that extra mile - this is why my family will only travel to your hotels."
12 of 14
On a very cold and wet Saturday in January, two Gentlemen from Engineering noticed that a group of girls were playing on the grand staircase and running around the hallways on the ground level. As they walked back to Engineering, they started talking about what they could do for these guests who were obviously full of energy and frustrated about the weather outside. They decided on setting up an indoor soccer field in a ballroom. It turns out this was the perfect idea since the girls were actually members of a soccer team from Miami who were in town to play in a tournament. The girls were thrilled that they could play the game that they loved.
By the end of the evening, their siblings and parents joined the girls. The parents were thrilled that this was set up for their children and were "blown away" by the Gentlemen's actions. One of the Gentlemen even made a card for the team that recognized them as "the official soccer team of The Ritz-Carlton, Naples."
13 of 14
A businessman was a guest at the hotel with a repeat group who had stayed at the hotel only once before - one year prior for the same conference. When the guest was at the hotel a year ago, he was having dinner in one of the ballrooms and asked a banquet server if it was possible to get his favorite soda beverage. The server informed him that the hotel did not serve that beverage, but he would see what he could do.
Within a few moments, the server came back with the requested beverage. And every night for the rest of the conference when they were having dinner, the server had the favorite drink waiting for this guest.
Already amazed by the past experience, the guest never expected what happened at the conference the next year. He was sitting in one of the ballrooms having dinner, and in walked his same server from the year before with the beverage in hand. The server completely shocked and delighted the guest by remembering his favorite beverage, even after a year's time.
14 of 14
The guest relations manager met with a couple from Alaska during their check-in. After, she escorted the couple to the hotel's restaurant and learned that they were actually on their honeymoon and had gotten married only a couple of weeks before. The husband also mentioned that it was his first time in Europe. They were on a cruise ship and were spending two nights at the hotel.
Immediately, the guest relations manager knew she wanted to make the couple's first time in Europe, especially on their honeymoon, a bit more memorable. She and her colleagues came up with the idea to prepare a tasting of some small dishes that would represent a variety of different countries in Europe. Together with members of the kitchen staff, they chose the countries of Spain, Italy, France, Sweden and the manager's home country, Hungary. The manager also asked the pastry chef to make a cake with a picture of the continent of Europe so they could match each dish with its country.
The following day, the guest relations manager and her colleagues worked with the hotel's culinary team to prepare the meal for the guests. When they delivered the meal, the guests were genuinely thrilled by the gesture and couldn't believe the staff went through all of that trouble to make their short stay memorable. Upon check-out, they mentioned that this was the highlight of their honeymoon, and they would soon be returning to a Ritz-Carlton in the future.
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Data Science Starter Kit
The tools you need to get started with data, from basic statistics to complex modeling and large-scale analytics.
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Photographic Visions
By 1x.com
Updated May 20, 2014
Speed through Web logins with 1Password 4!
Remembering and entering Web passwords can be easy and secure, thanks to 1Password, the popular password manager from AgileBits. In this ebook, Joe Kissell brings years of real-world 1Password experience into play to explain not only how to create, edit, and enter Web login data easily, but also how to autofill contact and credit card information when shopping online, audit your passwords and generate better ones, and share your passwords with key people and among multiple devices. Joe focuses on 1Password 4 for the Mac, but he also provides details and directions for the iOS, Windows, and Android versions of 1Password.
You'll find expert advice on these topics:
Meet 1Password: Set your master passcode and make first-run configuration decisions. Explore usage strategies for 1Password on your Mac, PC, iOS device, or Android handheld, and understand the different components of the software on the different platforms. Get lots of ideas for how to share your vault (or vaults!) among your devices and with other people.
Master logins: In 1Password, a typical login contains a set of credentials used to sign in to a Web site. Find out how to create logins, sort them, search them, tag them, and more. You'll especially find help with editing logins. For example, if you change a site's password from dragon7 to eatsevendragonsforlunchatyahoo, you'll want to incorporate that into its login. Or, use 1Password's password generator to create complex passwords, like dGx7Crve3WucELF#s.
Understand password security: Get guidance on what makes for a good password, and read Joe's important Password Dos and Don'ts. An advanced topic later in the ebook covers how to perform a security audit in order to improve poor passwords quickly. (For Joe's full advice on passwords, read Take Control of Your Passwords.)
Go beyond Web logins: For a lot of people, a primary point of 1Password is to speed the process of signing in to Web sites. But 1Password can do much more. Learn about storing and autofilling contact information (for more than one identity, even), along with your credit card number and security code. You'll also find advice on storing passwords for password-protected files and encrypted disk images, plus ideas for keeping track of confidential files, private diary entries, scans of important cards or documents, and more.
You'll also discover the answers to key questions, including:
In addition to 1Password, should I use my Web browser's password, contact, or credit card autofill feature? What about Apple's iCloud Keychain?
What is the fastest way to get 1Password to sign me in to a Web site?
My login item used to sign me in, but it stopped working. What should I do?
I made a long, random password for my bank account, but it wasn't saved in the login item! Where can I find it?
How can I use one username and password with multiple Web sites, like one Apple ID for both iCloud and the online Apple Store?
What if I need to access my 1Password data from another person's computer?
How can I speed up Web logins and filling in shopping cart info with 1Password in iOS or Android?
Is it true that I can initiate 1Password login items from keyboard launcher utilities like LaunchBar, Alfred, and Quicksilver? (Hint: the answer is yes!)
Joe Kissell has written numerous books about the Macintosh, including many popular Take Control ebooks. He's also Senior Editor of TidBITS and a Senior Contributor to Macworld, and previously spent ten years in the Mac software industry.
View Joe Kissell's full profile page.
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Well written, very useful
By clarke
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Comments about oreilly Take Control of 1Password:
I use 1password to manage my passwords on my macs. It is a really handy little product (go to a website type cmd-\ and it fills in your passwords) but I've never really known how to use it properly.In December I read a free review copy of "Take Control of 1Password" By Joe Kissell. This is my review: it's a very handy little book and I've started using 1password much more than I previously did because I now understand how 1passoword works!
Bottom Line Yes, I would recommend this to a friend
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Quote of the Day - A hospital should also have a recovery room adjoining the cashier's office.
Personal Injury Law Just Got Trickier For Hospitals
What Is Reasonable and Necessary?
We thought the tort law in personal injury cases was fairly well defined, but a new appellate opinion has got hospitals and their attorneys in a dither, while plaintiffs and their lawyers are throwing a big party.
Especially now that they can afford it. Let me explain.
Michael Huff got injured in a car accident and went to the hospital. When he left the hospital's care seven days later, it slapped him with a $34,000 bill that he didn't pay. Huff's lawyer then sued Steven and Matthew Wilkins for negligence in causing the car collision that injured Huff. State Farm insurance defended the Wilkinses. The hospital, Pioneer's Memorial Healthcare District, duly filed a lien in Huff v. Wilkins, claiming the $34,000 that Huff owed.
The jury awarded Huff more than $350,000, and before State Farm could even get out its checkbook to pay Huff, the hospital said, "First dibs on the $34,000 that Huff owes us."
That's legal talk, in case you missed it.
Summoning all of the chutzpah they could muster, Huff's lawyers replied to the hospital, "Hold on there, bucko, those expenses weren't needed."
That's more legal talk. I'm getting into a pattern here in case you were wondering.
Like any good neighbor, State Farm put the disputed $34,000 in the Court's hands and told Huff and the hospital that they had to fight over the disputed money.
In legal talk, that step is called an interpleader. I know, legal talk is really boring. That's why I was warming you up to the first couple of legal phrases like "first dibs" and "bucko." Well, sure enough, Huff and the hospital both told the Court that they wanted the $34,000. At the trial of the matter, four things happened:
Notice what's missing. Didn't notice? Well, how about the hospital's proof of the expenses it charged to Huff? Nowhere did the hospital say that the charges were reasonable or necessary. It just said Huff incurred the expenses.
Those are magic words in personal injury law. "Reasonable and necessary."
You see, in order for the hospital to recover the $34,000 lien that it placed on Huff's recovery of the $350,000, the hospital should have proved that the expenses it charged Huff were both reasonable and necessary. Under the Hospital Lien Act at California Civil Code sections 3045.1-3045.6 (a whopping five subparts), the hospital can only recover on its personal injury lien if it can prove that the expenses were both reasonable and necessary.
Look back on that list of four items that were introduced in the trial. Look carefully to see if there's anything there about the expenses being "reasonable" or "necessary." Can't find it? Neither could I, and I wrote it.
That's because the hospital either forgot or failed to do so. Now comes the Court's ruling. Because the hospital had the opportunity in the trial to introduce this evidence, say through a doctor who treated Huff, but failed to do so, the hospital got stiffed.
That's right: no recovery for the hospital, and Huff walked away with the $34,000. But don't get excited.
I suspect this case isn't completely over, however. Despite the hospital's failure to recover on its lien, the hospital can still sue Huff on both a breach of contract and equitable basis. Huff did get $34,000 in services that he apparently still hasn't paid for, and with this loss, that debt is pretty high on the hospital's radar screen. We'll see.
You Can't Stop Your Home Address From Being Given to Your Union
Local 721 of the Service Employees International Union is the exclusive bargaining representative of all Los Angeles County employees. No one employee can even ask his or her boss for a raise. SEIU speaks on behalf of everyone, whether the employees want them to or not. I don't know. I've never been in a union.
But from the sounds of the requirements, I'm not sure I would like it, especially because just about everyone else thinks the union is more important than the employees.
That's the sum and substance of the most recent California Supreme Court ruling on the subject. Let me give you a quick rundown of the facts here. First, the SEIU wanted the County to provide the home addresses of all County employees, including those the Union doesn't represent.
Let's just cut to the chase. Our Supreme Court sided with the Union.
The County initially refused to provide its employees' home addresses. The LA County Employee Relations Commission decided that refusal was an unfair labor practice. The County sued. The Los Angeles County Superior Court then denied the County's petition for relief. The County appealed, and the appellate court held that the County must provide the home addresses of its employees, but imposed an "opt-out" procedure that would allow employees who had privacy concerns to not provide their home addresses to the Union.
The Union, at all times, was able to reach the employees it represented while they were at work.
After the appellate court ruling, however, the Union appealed to the California Supreme Court, which reversed the appellate court's opt-out procedure, saying that the "balance" between the Union's "right" to know and the employees' privacy tipped in favor of the Union "who represented them" - even though there are County employees who have opted out of union representation.
You be the judge here. Which is more important? Your privacy or your union?
When Is An Insurance Agent Not An Agent?
When She's the Middleman!
You may be surprised to learn that an insurance broker, despite the broker's more commonly known name of "insurance agent," isn't really always considered an agent of the insurance company. Sure, there are some insurance companies that actually have insurance agents, like Farmers and Allstate, but not other companies that lack an actual agent force who sells only for that particular company.
Why is this distinction important?
Just as American Way Cellular. It purchased an insurance policy for its warehouse from Travelers through an insurance broker (note the name, "broker") and then as you would expect, had a fire loss. That's right. The warehouse burned down. When it submitted a claim for coverage, Travelers denied the claim because the application, filled out by the broker, said that the warehouse had a sprinkler system.
As I am sure you have already guessed, the Court of Appeal in American Way Cellular v. Travelers didn't just issue this guidance for our benefit, it was deciding the lawsuit that erupted between American Way Cellular and Travelers. American Way didn't have a sprinkler system (thus the reason that there was more damage), so Travelers cited the application condition and denied American Way's claim.
American Way sued claiming that it was Traveler's insurance agent who wrongly wrote down on the application that it had a sprinkler system, so it was really the broker's fault, and therefore, since the broker was an agent of Travelers, Travelers had to pay the fire claim.
By definition, a broker can sell insurance for more than one company. According to the Second District Court of Appeal here in Los Angeles, that ability means that the broker is not an agent of any of the insurance companies the broker represents, but instead a "middleman."
A "middleman?"
Yep. The guy in between. The one who takes a cut, but cannot act on behalf of the insurance company. But wait a minute here. The definition says, "represents." Doesn't an agent also represent? Yes, but.
Here, that "but" means that in order for the situation to rise to the level of an agency relationship between the broker and the insurance company, the Court of Appeal ruled, "the principal, and not the agent, must make statements or commit acts causing the person relying on the apparent agency to believe the agency exists."
So, when an insurance broker or agent tells you that he/she is the agent of the insurance company, don't believe them. Make sure you get something from the insurance company where the insurance company tells you who its agent is.
That's a pretty stiff requirement to do a lot of extra work when you're buying an insurance policy, especially if you don't review in advance the application that the insurance broker fills out before it is sent to the insurance company. You might just not have any insurance coverage like American Way Cellular, Inc. didn't if your broker fills out the application wrong, perhaps mistakenly checking the box that says you have a sprinkler system when you don't. Then, after a fire, you've got no coverage, and most likely an insurance broker who doesn't carry enough insurance to cover the cost of the broker's mistake.
Double ouch.
We can't tell from the opinion whether that's the case here, but logic initially tells us that's the case since American Way sued Travelers Insurance instead of the insurance broker. If that's the case, and given the results of this appellate opinion, American Way was just out of luck all the way around.
Triple ouch.
This case is a hard one to take a lesson from, however, because we find out the real reason coverage was denied and that denial was upheld by the Court of Appeal. This case may fall into that realm where one fact makes bad law. Here's the fact they don't list up front in the opinion: apparently, one of the owners of American Way told the broker that it had a sprinkler system in its warehouse when it didn't. As an aside here, and this is just a guess, but there may be a reason why the owner said the warehouse had a sprinkler system: insurance companies offer lower premiums for sprinkler systems.
That's the real reason why American Way didn't sue the broker. The broker was just doing as he was told to do. That's also the most likely reason that the Court of Appeal reached the decision it did. Even if there was an agency relationship between Travelers and the broker, the negligence was on the owner's side, not the agent or the insurance company's side.
But wouldn't it have just been easier to say it the way I just said it instead of creating a whole bunch of extra work to find out whether they guy or gal that sells you insurance is a broker or an agent?
But then you wouldn't really know whether your coverage is good or not. Better to review the application before the broker/agent sends it off to the insurance company, and better to know whether you can take what the agent says as if the insurance company said it.
That way, when the fire comes, you won't have to hire me to sort it all out for you. By doing your homework ahead of time, the problem will never affect you.
And that's the best kind of legal advice: the advice that avoids the problem altogether.
Oh my! The Folks in Marin Might Have to Look At Big Water Tanks
Faced with a predicted water shortage in 2025, the Marin Municipal Water District imposed significant water conservation restrictions on its residents and businesses. When those efforts failed, however, the District started looking around for more water sources. Fortunately, they didn't have to look too far since the Pacific Ocean abuts Marin County.
The ocean's so big it's hard to miss. Plus, it's got plenty of water; just not drinkable water.
With a desalinization plant, however, the MMWD could easily meet its predicted water shortage, and perhaps then some. With the type of planning unknown to other governmental agencies like CalTrans, even though the MMWD needed an additional 5 million gallons per day, the District planned to build a plant that could produce as much as 15 million gallons per day.
As an aside here, can we send some of the MMWD's engineers over to CalTrans to teach them how to build overcapacity highways? But I'm getting off-track here.
In order to hold the potable (drinkable) water that the MMWD plant is expected to produce once built, the District also planned to build three big water tanks, sufficient to hold 2-3 million gallons of water. Those tanks have to go somewhere, and the MMWD planned to place them on nearby mountain ridges.
According to the laws of gravity, water flows downhill, so putting a water tank higher than the homes and businesses it services means that those folks will have water pressure for their sinks, faucets, showers and toilets. It also means that they get to see the tanks perched on the top or near the top of mountain ridges, and affecting the scenic views.
And Marin has some beautiful scenic views.
You know what comes next. That's right. The folks at the North Coast Rivers Alliance didn't like the idea of looking at big water tanks on mountain ridges, so they did what every red-blooded Northern Californian would do: they sued.
That's right. The NCRA filed a lawsuit challenging the sufficiency of the EIR (Environmental Impact Report) under the California Environmental Quality Act that the MMWD used to approve the project. The NCRA claimed that the EIR did not provide enough information to the MMWD Board of Directors to allow them to approve the placement of the tanks.
Now let's pause for a moment here for some background on EIRs. An EIR is simply designed to provide information about significant environmental impacts. Projects that have significant environmental impacts can still be approved - they just have to be adequately mitigated or the approving agency can override the adverse impacts with the appropriate findings of necessity. But, the EIR is simply informational.
As the court said in its opinion: "the issue is whether substantial evidence supports the agency's conclusions, not whether others might disagree with those conclusions." That's a hard pill for environmental groups to swallow. There's some legal jargon in that quote that didn't know you might have overlooked, but you shouldn't have. "Substantial evidence" has been defined by courts as not much more than a "scintilla."
Most groups like the NCRA challenge EIRs because the challenge creates a long delay that typically kills a project because the developer cannot service the debt load of the project without income from home sales in the interim. And since the development can't be built while the legal challenge is pending, the project dies due to lack of funding.
But the MMWD doesn't have that problem. In fact, it has an almost endless supply of tax dollars. Those tax dollars come from some who belong to the NCRA, so those folks are actually funding both sides of the dispute; the ultimate irony here.
When the dispute gets to the court, the court then looks at a series of criteria to determine whether the EIR provided enough information to the MMWD Board of Directors to make the decision to proceed with the project, despite the adverse visual impact. To mitigate this impact, however, the Board required a landscaping plan to hide the tanks on the ridges. Nonetheless, you'd still be able to see where the tanks were if you looked.
In the court's analysis, it looked at the EIR, which set forth the following standards of significance: "For the purposes of this EIR, the project would have a significant impact with regard to aesthetics if it would:
[1.] Have a substantial adverse effect on a scenic vista. For this EIR, a scenic vista is defined as a publicly accessible viewpoint that provides expansive views of a highly valued landscape. A viewpoint that is accessible only from private property is not considered a scenic vista.
[2.] Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway.
[3.] Substantially degrade the existing visual character or quality of the site and its surroundings.
[4.] Create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area."
Where these elements are met, the court has no choice but to approve the agency's decision. Here, the court ruled:
So with that, the court thought that the MMWD Directors had enough information and made a fully informed decision to overcome a significant public issue: the need for water.
Marin will get its desalinization plant and three water tanks, and the residents of the area will have to see three big tanks on their mountains, hopefully mostly blocked by landscaping designed to hide the tanks.
Insert "Awwww..." here if you're from Southern California, where most folks don't understand the things that bother their fellow residents up North, and for that matter, vice versa. As Joni Mitchell sang, they "paved over paradise" in SoCal, and that's what they're trying to prevent in Marin.
The message to take away from this case was succinctly stated by the court itself: 'the reviewing court may not set aside an agency's approval of an EIR on the ground that an opposite conclusion would have been equally or more reasonable, "for, on factual questions, [the court's] task" is not to weigh conflicting evidence and determine who has the better argument" (citations omitted).
In other words, the court's task is simply to determine whether the EIR provided enough information to the District's Directors to make the decision they did. The court cannot substitute its own decision for the District's Directors.
Convicted Killer of Seven Wants Playstation in Jail Cell
Sues to Get Toy; You Be the Judge
You may never have heard of Julian Knight, but that's likely because not only is he down under, but he's also under sentence. Seven of them. Life sentences, that is. Knight (I can't bring myself to put a "Mr." before his name) was an army cadet and in 1987, he clambered up a billboard overlooking Hoddle Street, a very busy street in Melbourne.
That's Melbourne, Australia, in case you haven't been following along. As a disclaimer, I am not licensed to practice law in Australia, but the situation this case raises is one we face in the states where I am licensed to practice law. Plus, I'm going to bet that even if you don't own a license to practice law, you are still going to have an opinion on this one.
Read on.
As he climbed up the billboard, Knight took with him two rifles and a shotgun. As you've likely guessed, he then fired shots at numerous passing cars (as well as a police helicopter). He killed seven people and wounded 19 - thus the seven life sentences. Since the Hoddle Street massacre (as it became known) was in 1987, you're likely now asking. "why am I just hearing about this now?"
That's because Knight now - some 26 years later - wants to be able to play on the computer while he's in jail. He wants a playstation. He also wants the computer so he can become a better jailhouse lawyer so he can fight his way out of jail legally. He's already been labeled as a vexatious litigant according to news sources, which means he pretty well understands how to file lawsuits from the jailhouse. He's apparently not very good at it, however, since he's still in jail. That's why he needs to conduct legal research on the computer.
And play. After conducting legal research, I'm guessing that one of his arguments is that he needs to relax and rest your mind. I can attest to that need, but I'm just not sure that Australia is all that willing to plug a computer into his jail cell and attach a playstation to it just so Knight can relax after a hard day on the computer.
By spending more time on the computer. Although that argument is lost on me, Knight's request isn't. The jailers turned down his request, so now he's suing to get a playstation in his jail cell.
It raises the question of what constitutes punishment, retribution, rehabilitation and deterrance. Those are genreally considered the four main goals of our criminal justice system. As a society, we've also agreed with each other to avoid cruel and unusual punishment.
Knight claims that there are other prisoners in his jail who have computers and playstations. Just not him, and he claims that disparate treatment is unfair. I suspect that if we were now able to ask those seven people who Knight killed whether it was fair that they were killed, they'd say no. But those answers don't seem to deter Knight from his request, if that thought even crossed his mind before he asked.
Perhaps the jury that considers this question - if it ever got to a jury - should be made up of the 19 people who were wounded by Knight but survived, and see what they'd rule.
My guess is that they'd say no. How would you rule?
The Big Print Giveth and the Small Print Taketh Away
In Other Words, Read What You Sign First
People never cease to amaze me. Let's say you're a computer manufacturer in China, and you agree to sell, oh, say $2 million in computer parts to a computer company in the United States. Logistically, you've got one big problem on your hands. How do you get all of those parts from China to the US?
They're too heavy for a plane and trucks don't float, so you choose a boat. Well, actually a freighter. You know, those great big boats with lots of containers to hold your computer parts.
So here's the deal. The manufacturer signs a contract with a shipping company, and then sets off to make the parts. A year later, the parts are finished and loaded on the boat. Er, freighter.
The shipping company, however, doesn't work with contracts, they work with Bills of Lading. So, the shipping company issues two bills of lading, one for each container. Those Bills of Lading, however, contain a limitation that prevents the manufacturer from suing them more than a year after the parts are delivered. That limitation was not in the original contract that the manufacturer and shipper signed.
Well, as things sometimes happen, the deal went awry. The original contract said that the shipper was not to release the parts to the US computer company without the manufacturer's permission.
As you have guessed, the shipper released the $2 million of computer parts to the US computer company without the manufacturer's permission. Unfortunately for the manufacturer, the US computer company filed for bankruptcy shortly after receiving the parts from the shipper, and never paid the manufacturer the $2 million.
How this next part happened eludes me, but the manufacturer DIDN'T NOTICE that it hadn't been paid the $2 million FOR MORE THAN A YEAR. Must be nice to have that much money that you don't miss $2 million for a year. Wow.
When the manufacturer finally woke up realized that the money was missing and the computer company had filed bankruptcy, it called the shipper and told the shipper to return the computer parts since it had never given permission to the shipper to release the parts to the computer company.
The shipper fessed up and admitted that it had improperly released the computer parts without permission, but relying on the one-year limitation in its Bills of Lading, refused to pay the manufacturer. Not surprisingly, the manufacturer sued the shipper.
Guess who wins here?
That's right....the shipper. The manufacturer tried to rely solely on the original contract, but the court said that the Bills of Lading constituted a subsequent and valid contract, and the one-year limitation against suit was enforced.
Just goes to show you. Read the small print on the back. That's where the one-year limitation was printed.
Here's the actual court opinion.
When Is a Volunteer an Employee Covered by Work Comp? It Depends on the Pixie Dust you Sprinkle.
Well, Disneyland is in Orange County, after all, so the term "Pixie Dust" is considered jargon around here. Not legal jargon, mind you, but anyone who's gone to Disneyland understands. In this case, it means the words you use to get what you want.
Let me give you the setup, even though the opinion is shy on details. Diane Marie Minish went to the Mount Madonna Center of the Hanuman Fellowship (a group that teaches the theory and practice of yoga). The Mount Madonna Center is a "conference and retreat center located on 355 acres of mountain-top redwood forest and grassland overlooking Monterey Bay, between Santa Cruz and Monterey, in Northern California," according to their website.
Ohm. Are you relaxed now?
It turns out that Ms. Minish went to the Center's property to visit a sick friend, and then when asked to get someone from elsewhere on the property, the Center directed her to hop on the forks of a forklift, and off she went. Well, you know what happened next. That's right. She fell, was injured and went off to the hosptial.
Here's where the parties' stories differ. The Fellowship apparently submitted a workers' compensation claim for her and she started to get money, which she tried to return and informed the workers compensation appeal board that she was neither an employee nor a volunteer and that the work comp claim was fraud. The Fellowship listed her as a volunteer, and having previously sprinked the Pixie Dust of Labor Code section 3363.6 over its volunteers, submitted the work comp claim.
This Labor Code section allows not-for-profit organizations to ensure that its volunteers are covered by worker's compensation just like their employees. It's a good idea for the non-profits - it avoids the liability for lawsuits like Ms. Minish's because once you're covered as either an employee or volunteer, your remedies against the non-profit are limited to the benefits provided under workers compensation.
No tort or punitive damages liability. That's a big benefit for the non-profits. And if you've been following along like the diligent reader that you are, you just figured out the rub in this case. Yep. Ms. Minish didn't want the workers compensation benefits. She wanted the big money that was available in an everyday, run-of-the-mill personal injury lawsuit.
The tort refomers are rolling over in their figurative graves.
In this case, there are a series of unusual facts that resulted in reversing the trial court's judgment in favor of the non-profit, and allowing Ms. Minish to proceed to argue that she should recover tort and punitive damages and not be limited to only the workers compensation benefits. Those facts most interest the two parties - not you - because you've already learned what you came here to learn.
If your non-profit wants to avoid getting sued by volunteers who get injured on your property, you must get a "Volunteer Endorsement" on your workers compensation employee and you must have your Board of Directors adopt the resolution required by California Labor Code section 3363.6. If you are a volunteer, you've learned not to hop on the forks of a fork lift and travel across uneven ground. You might fall and get hurt, and if you do, you just might be limited to workers compensation remedies.
Especially if your non-profit got to this blog post first.
When Is A 10¢ Charge Imposed by the Government Not A Tax?
You'll be happy to know that the 10¢ charge that Los Angelinos are required to pay to grocery stores for using a paper bag isn't a tax, even though the charge was imposed by the Los Angles County Board of Supervisors. That's right, even though you get to pay more, it's really not a tax.
Let's think about this one for a minute. Ok. I'm done. How about you? Convinced yet? If not, then think about the argument that the County used to convince the state court (wonder why this case wasn't tried in federal court?): the County argued that it wasn't a tax because the money wasn't paid to the County.
Actually, the ordinance allows the grocery stores to keep the 10¢ charge to offset the "cost of compliance." What? How much could it possibly cost to comply with this ordinance? There's some bagger at the end of the check out counter saying, "Hey there, customer, you have to pay 10¢ to use that paper bag."
Right. That statement alone must cost the grocery store a whopping 10¢.
Don't get me wrong here, I'm all for the purpose of the ordinance - eliminate the use of plastic bags, cut down on the use of paper bags and encourage grocery shoppers to bring reusable canvas bags. You knew, didn't you, that deep down, us Angelinos are all just grown-up hippies, tree huggers, earth-shoe wearing liberals who want to save the environment?
Well, some of us actually rail at taxes. This case, Schmeer v. County of Los Angeles, had plenty of environmental star power at the helm (Surfrider Foundation and the Environment California Research and Policy Center), but this tax case went down in flames anyway.
Judge Chalfant, an excellent judge, saw it the other way and looked past the wording of the ordinance and ruled that because the 10¢ charge didn't go to the County it wasn't a tax, reasoning that in order to be a tax, the money has to go to the County. Where the 10¢ charge stayed with the grocery store, neither Judge Chalfant nor Justice Croskey, writing for the Court of Appeal, thought we all expect taxes to go to the government, and when the money doesn't, it's not a tax.
Sounds reasonable, until you read the wording of the definition of a tax. Nowhere in that definition do you see the reasoning that the money has to go to the government:
"As used in this section, 'tax' means any levy, charge, or exaction of any kind imposed by the State [County], except the following [five exceptions, none of which require that the money be paid to the State [County]]"
I don't know about you, but that 10¢ charge sounds an awful lot like a tax to me, even if the money doesn't end up in the State's hands (which some of it will anyway, because the grocery store has to pay tax on its income, but that's a different story, they say).
Maybe one of the parties will get the California Supreme Court's attention, and perhaps they will see it differently.
The Endless Summer...Keep SurfAid Working Year 'Round
My friend Paul Riehle is an avid surfer; he's one of those guys who's up at the crack of dawn and out on his surfboard enjoying what we Californians know as the endless summer. You can surf all year 'round here - of course you've got to wear something thicker than a 3/2 wetsuit in the winter, but as Jimmy Buffet says, "The weather is here. Wish you were beautiful."
While Jimmy has a way with words, Paul's got a way with surfing. In fact, he's competing in the Malibu Cup, and is asking for your help to raise money.
Here's Paul's plea: "I write because I am participating in the SurfAid Malibu Cup this Saturday, September 8. The Cup is a surfing competition to raise funds for SurfAid, a non-profit humanitarian organization with malaria eradication, emergency preparedness and response, and community health programs in Indonesia. I have been on the SurfAid Board since its inception. I am competing on the Beck Riehle Good Surf Team. Our goal is to raise the most money of any team before the event starts, thereby helping SurfAid."
While you might not know Paul, you can get to know the good work that they do. In SurfAid's own words, "SurfAid is a non-profit humanitarian organization whose aim is to improve the health, well-being and self-reliance of people living in isolated regions connected to us through surfing."
If you can't jum on your board this weekend to help raise money, you can donate by clicking on this link.
Jury Awards $4.5 Million Punitive Damages Against Company With Negative Net Worth
A Jury Run Amuck Or A Well-reasoned Punishment? Don't Jump To A Conclusion Until You Read Further...
How could a jury be so insensitive? Certainly this jury is from one of those Judicial Hellholes! This is exactly why we need tort reform ... runaway juries ... just like that McDonald's spilled coffee cup case.
You would expect to hear those comments after reading the first headline. But there's a clue in the subheadline that may cause you to pause for a moment and think that there just might be more than the first headline communicates.
You'd be right. And you'd be one of those critical thinkers who realizes that the sound bite does a disservice to "the rest of the story," as Paul Harvey would have said.
So here's the set up of Bankhead v. ArvinMeritor. Now I could spin these facts for you to put you in the mood for the ultimate outcome, but rather than do that, let's let the Court of Appeal tell you what the facts were as they saw it (omitting footnotes):
So there you have it. In the 1960's the company knew that it was exposing its workers to asbestos fibers, but did not warn its employees of the danger until 1987. The jury found ArvinMeritor liable for Gordon Bankhead's exposure to asbestos as the cause of his mesothelioma. After the liability and damages portion of the trial was completed, the Court asked the jury about punitive damages.
Here's where it gets tricky. ArvinMeritor submitted financial statements that showed the company had a negative net worth. Despite that "upside down" financial statement, however, the jury awarded Gordon Bankhead $4.5 million in punitive damages.
How could that possibly be, you ask?
Well, before you get your knickers in a twist, read on and then decide (the following directly quotes the Court of Appeals):
Don't believe it? Judge for yourself with ArvinMeritor's financial statements. ArvinMeritor still exists as Meritor, and was a spinoff of Rockwell.
Now that you've read why the jury awarded what it did, does the headline accurately tell the rest of the story?
Guess you'll have to keep a cynical eye on those headllines.
Legal Crackdown on Human Trafficking
Lawyer2Lawyer Internet Radio Podcast
Human trafficking is "modern-day slavery." And if you think it isn't happening near you, think again. The United Nations estimates nearly 2.4 million people may be the victims of this crime. Please join me and my fellow Lawyer2Lawyer co-host and attorney, Bob Ambrogi, as we take a legal look at this troubling issue with Professor Bridgette Carr from the University of Michigan Law School, Attorney Ann Johnson from Houston, Texas and Mary C. Ellison, Director of Policy for Polaris Project.
Click on the link below and give a listen!
How Congress Takes A Congressional Junket Without Letting Anyone Know
Members of Congress and their staffers who travel at the expense of private organizations must follow a long list of legal restrictions and requirements. However, there is a little known exemption that allows the same federal employees to travel with virtually no accountability and very little transparency. Please join me and my fellow Lawyer2Lawyer co-host and attorney, Bob Ambrogi, as we welome ProPublica.org reporter Justin Elliott and Washington University Law Professor Kathleen Clark to examine the ethics, legalities and secrecy of these Congressional trips abroad.
Women's Rights: Who Gets To Decide What Happens To Women's Bodies? Your Favorite Government?
From the Obama Administration's decision on female contraception coverage, to the Congressional hearing on women's health featuring an all-male panel of witnesses, to the Rush Limbaugh/Sandra Fluke firestorm, legislation targeting women's health is causing quite the political controversy across the country. Please join me as I welcome Attorney Shari Rendall, Director of Legislation and Public Policy for Concerned Women for America and Attorney Gretchen Borchelt, Senior Counsel for Health and Reproductive Rights for the National Women's Law Center, to discuss current legislation aimed at women's issues, reaction from women's groups and the present state of women's rights.
What Would You Do?
Driving back from LA on Friday, traffic was stopped: dead stopped. You know, the kind of stopped you just know will turn you and several thousand of your nearest friends into a 30-second segment on the 6:00 evening news, while the rest of us watching groan with an at-too-well understanding of your plight.
Traffic started to move slowly on both sides of the freeway, but not in the middle. Fortunately, I was on one of the the sides that was moving, not too far from the start of the traffic jam. Within a car length or two, I saw what was going on.
One 6x6x8 piece of lumber lay askance in the middle lane, blocking traffic. It looked like it had already been run over; a couple of chunks of lumber (the size of 2x4's) were scattered nearby.
Perhaps realizing the futility of his position, the guy driving - ok, well parked - in the middle lane immediately behind the offending tree trunk, was getting out of his car.
On the 405 freeway.
In Los Angeles.
One of the busiest freeway in the world.
As he got out of his car, his intent became clear. That tree trunk was going into the back seat so he could go forward. Into the back seat it went, but it didn't fit completely in, so part of it ended up sticking out the back window a bit, but not so far that it would interfere with anyone driving alongside him.
But the most amazing part about the whole situation on the freeway was what wasn't happening. No one passed him. It was as if we all realized that if our cars in the front allowed the cars in the backed up lanes behind us to speed by, someone would hit this guy and likely injure him, if not kill him.
The guy who was doing all of those cars behind him a favor. Saving their cars from getting hit with that piece of lumber otherwise known as a tree trunk, saving those lives who surely would have been changed if hit by a large flying piece or pieces of wood.
So we stopped and waited for him to finish. Sure, there were a few doors that opened in an attempt to offer help, but he waved us off, thinking I'm sure that it was safer if we all stayed put and let him get the lumber off the road and get it done quickly so we could all go forward again.
I have no idea who this good Samaratin was, but I sure want to thank him. For those you who were stuck behind the six cars that stopped all traffic so this guy could do his good deed for the day, you never knew how close you may have come to changing your life for the worse, even though you were sitting in your car complaining about the traffic back-up.
But know this. One man and a few onlookers saved you. It didn't take a CHP traffic break. It didn't take an accident. It took one person who did a good deed.
Remember that the next time you see an opportunity to do your part.
Using Endangered Species Laws To Save The Earth's Inhabitants
Lawyer2Lawyer Internet Radio
The world's tiger population has declined by 97%. The African elephant population has been cut in half. 33% of open-ocean sharks are now threatened with extinction. These and other alarming statistics have created worldwide legal action to save the Earth's endangered species. Please join me as I explore laws and initiatives designed to save threatened species with attorney and WildAid board member, David Kracke of Nichols and Associates in Portland, Oregon.
USEPA's Approval of California Air Quality Plan Overturned Due To Use Of Six-year, Outdated Data
The United States Environmental Protection Agency just lost a battle that it has been fighting with the Sierra Club since 2004. As you know, the USEPA sets the standards for air quality around the country. Since the air pollution is particularly bad in California, and especially in the San Joaquin Valley, the Sierra Club filed a challenge to the USEPA's approval of certain air quality standards for the Valley in 2010.
While the Sierra Club argued that the approval had a number of problems - including the fact that the standards were impossible to comply with - the Ninth Circuit relied on just one of those problems to overturn the USEPA's approval.
The Court said that the USEPA could not rely on data from 2004 in 2010 when approving the standards in California's State Implementation Plan. That's right - a six-year gap in data.
Six years outdated, and yet the USEPA still approved the 2004 SIP in 2010. Read that last sentence again. The USEPA was six years behind in reviewing data supplied to it, and refused to consider more current data in reaching its decision.
The USEPA failed to explain why it would not consider the new data, and the Ninth Circuit consequently held that refusal as "arbitrary and capricious," and ordered the USEPA to do it over again, and this time, consider new, relevant data.
I've had cases against the USEPA before, and this tactic is quite common. They don't do their homework, and when challenged about it, retort back that they have the statutory/regulatory right to rely on old, out-of-date data. Finally, thanks to the Sierra Club, the USEPA has been called on its tactics and hopefully, we'll see the last of this bureaucratic nonsense.
California's State Board of Equalization's End-run Attempt Around Prop 13 Thwarted
If you run a business, you know all about the California State Board of Equalization. It's a euphemestically named government organization that is our equivalent of the IRS. You know, those folks who collect taxes.
Proposition 13 was enacted by California voters in an attempt to keep property taxes down. The SBE's mission, it seems, is to figure out ways to increase tax revenue to the state. One of the ways the SBE tried to do that was to avoid the annual decrease in the value of fixtures (those things that are attached to real property, like machines bolted to the floor and the like).
You see, each year, fixtures depreciate, which means less taxes are due because the value of those fixtures have declined. Worn out. Not as useful as the year before. Requires more maintenance.
You get the idea.
Well, so did the SBE, and they saw tax revenues slip away. Until some bright bulb in the SBE got the idea to reclassify fixtures as real property. We all know that real property increases in value over time - at least that was the theory that fueled the sub-prime mortgage crisis, but that's a whole 'nother story for another day.
In the SBE's test-dummy attempt to pull this switcheroo, the SBE applied this theory to the petroleum industry first before attempting to apply it to every other industry in California. If you think about that plan, it wasn't the smartest. The petroleum industry has cash flow, and lots of it - especially since we keeep buying gas for our cards and trucks. So when the petroleum industry caught wind of this plan, it tasked its association, the Western States Petroleum Association, to file a legal challenge.
The WSPA did just that, citing to the agoe-old division between the valuation of fixtures and the valuation of real property, and the attendant accounting methodologies used to appraise those two items. Accountants depreciate fixtures, but not real estate.
Prop 13 was designed to limit taxes, not increase them, and the Court saw right through the SBE's plan, telling the government to keep the distinction between fixtures and real property, never the twain to meet.
Your fixtures are once again safe from the evil overlord of taxes.
Revisiting Citizens United in an Election Year
The Role Of The Super-PAC
Since 2010, there has been great debate over the controversial ruling commonly called Citizens United. Most recently, the Montana Supreme Court challenged the decision while Senator McCain called it "one of the worst decisions I have ever seen." Please join me as I welcome Attorney Joseph M. Birkenstock, former chief counsel of the Democratic National Committee and Bradley A. Smith, Chairman and Co-Founder of the Center for Competitive Politics and former Commissioner on the Federal Election Commission, for an in-depth discussion on the impact of the ruling during an election year and its influence on the upcoming Presidential election.
A Lawyer In Your Pocket?
You may say it would be better to have a judge in your pocket, but then, so does everyone else. I'm talking about a level playing field, with a lawyer in your pocket. You know, the kind you can ask any question to when you have a legal problem, and get a solid answer that will avoid you having to breach a contract, make a mistake that actually would be a crime or anything else that would land you in a courtroom.
Why not? You can get a doctor in your pocket with Web MD, so why not all professions, especially law?
Diagnosing a medical condition can be a difficult proposition. So can diagnosing a legal problem. But for those problems that have not yet landed you in court, good legal advice can steer you away from that eventuality.
If you think about it, you do have a lawyer in your pocket. It's your cell phone. When you're facing a difficult legal problem, do what my clients do. Pick up the phone and call your laywer. We're happy to answer your questions, and even happier when our advice avoids landing you in court.
For those who call their lawyers and get good advice, you're lucky. Many others who don't call end up calling when a legal disaster hits, and then it's too late. At that point, you need the other part of what I do - litigation. It's time consuming and can be very costly.
Good legal advice before the problem hits is worth its weight in gold, especially since you will never experience the inside of a courtroom. Pay your lawyer a visit and avoid hiring me. Otherwise, I'm glad to take your call.
What Are The Hottest Legal Trends For 2012?
Lawyer2Lawyer Internet Radio
Decriminalizing medical marijuana, fighting to repeal healthcare reform and using social media as evidence are just a few of the topics trending in the legal industry in 2012. My co-host, Bob Ambrogi, is off today, so please join me as I discuss the hottest trends currently transforming the legal world with attorney and legal trend-watcher Danny Cevallos, the founding partner of Cevallos & Wong, L.L.P.
Invest In An Internet Video Start-up And Get Sued
How Michael Eisner Avoided Liability
In yet another of a long line of cases involving copyright infringement, we now have the case of UMG Recordings v. Shelter Capital Group, where Universal Music Group attempted to get around the Digital Millenium Copyright Act by suing the investors in video-sharing case, with hints of Napster-like allegations. UMG sued Veoh, a web-sharing site for videos.
Unlike Napster, however, Veoh took all kinds of pains to ensure that it was not posting videos that were protected by copyright. In the Court's words, "Veoh also began developing an additional filtering method of its own, but in 2007 opted instead to adopt a third-party filtering solution produced by a company called Audible Magic. Audible Magic's technology takes audio "fingerprints" from video files and compares them to a database of copyrighted content provided by copyright holders. If a user attempts to upload a video that matches a fingerprint from Audible Magic's database of forbidden material, the video never becomes available for viewing."
That's a lot of effort, but it doesn't address the most interesting aspect of Universal's case against Veoh's investor.
That's right. Read that last line again. Universal sued Veoh's investors for vicarious infringement, contributory infringement and inducement of infringement. Gives a whole new meaning to being an angel investor, one of whom was Michael Eisner. The Court noted, "UMG argues, however, that ... "the [Investor] Defendants remain potentially liable for their related indirect infringement" because ... the Investor Defendants do not qualify as "service providers" who can receive DMCA safe harbor protection."
While the Court held that Veoh was protected by the DCMA for reasons noted in the opinion, it analyzed the contributory copyright infringement claim under the "site and facilities" test first announced in Fonovisa v. Cherry Auction, a test that was used to shut down Napster and hold one investor liable for the copyright infringment because that investor was able to control the start-up's funding, and directed its spending, holding significant power over Napster's operations.
Unlike Napster, however, Michael Eisner was not the only investor. The Court found that the three investors who were on Veoh's Board of Directors did not either singly or with the other investors, individually control Veoh's operations to the point that would make them liable to UMG.
Unfortunately for UMG, its Complaint did not make that allegation, and so the Court found that the "three investors individually acquiring one seat apiece is not the same as agreeing to operate as a unified entity to obtain and leverage majority control. Unless the three independent investors were on some level working in concert, then none of them actually had sufficient control over the Board to direct Veoh in the way UMG contends."
So, the lesson here is at least two-fold. Read the copyright cases beforehand and ensure that you know how to properly plead around these issues, and if you're an investor, make sure you're not the only one, and make sure you don't work together with the other investors to control your start-up.
And finally, just go ahead and pay Universal its fees to play its music.
How Many Settlements Will This Insurance Company Have To Pay?
You can bet there will be a host of litigation spawned because of this accident: the death of a Mother, who was survived by her minor children and an adult daughter. But it might not be the lawsuits you're thinking.
Let me explain.
Mom was a passenger in a car. After she died, her oldest daughter made a claim against the driver's insurance company, and the insurance company settled without the daughter even filing suit. She told the insurance company that she was the sole heir of her mother's, and on that basis, the insurance company paid her.
Apparrently someone didn't look too close at Mom's family tree - also known as a Table of Consanguinity. Mom had five other children through a different father. It may be that the oldest daughter didn't know about the other FIVE children, but stranger things have happened. She may also have truly been Mom's only heir - if the other children were written out of the will. It will likely take some time to sort this out.
As you can expect from what I've told you so far and your keen sense of observation (since you know that the insurance company settled only with the oldest daughter), the FIVE children sued the driver, too. What a surprise.
So, when the FIVE children sued, the insurance company said, "Oh no you don't. We already paid the sole heir, and we're not paying you anything." Well, the insurance company didn't say exactly that, but something probably quite a bit like that. The insurance company denied the FIVE children's claim, citing to the One Action Rule. No money was paid to the FIVE children.
Now, if you know anything about the law, you may know about the one-action rule. That rule does provide the insurance company with a solid defense against any further payments to Mom's heirs. But, unfortunately for the insurance company, there are a couple of other elements to the One Action Rule. One of those elements requires the oldest daughter to have sued the insurance company, and then a settlement.
As you know from your keen sense of observation, the oldest daugther did not sue. In fact, the insurance company settled voluntarily.
Those last two facts doomed the insurance company's denial of the FIVE childrens' claim for wrongful death against the driver of the car, and ultimately his insurance company, who will now have to pay the FIVE children.
You can read more about the case (and the One Action Rule) here in the case of Moody, a Minor, etc., et al, v. Bedford, et al, Cal. Court of Appeal, Second Appellate District, Division Five, No. B226074 (January 9).
Now about that other litigation.
Yup. You got that right. You can bet the insurance company will be suing the oldest daughter for a refund - assuming she hasn't spent all the settlement money yet.
Predictions For 2012 And Grades For Last Year's Predictions
Lawyer2Lawyer Internet Radio Podcast
From the spectacle of the Casey Anthony trial, to the great debate over the health care law, to the controversial immigration law in Arizona, 2011 was a big year in the law. Please join me and my fellow Lawyer2Lawyer co-host and attorney, Robert Ambrogi as we welcome our returning guest, Stephen L. Kaplan from the firm Hicks, Mims, Kaplan & Burns, to review his 2011 predictions and look ahead to a brand new year, 2012!
Finally, Some Sanity In CEQA Land Use Decisions
One of my favorite cities, Carmel-by-the-Sea (isn't that a great name for a city?) decided to sell the Flanders Mansion (a historical mansion it owned) because it was tired of paying the upkeep. True to California law, it completed an Environmental Impact Report (here known as a Final Environmental Impact Report). As part of that FEIR, the City determined that it did not need to analyze the low-income housing componet because the mansion was subject to certain land use restrictions that would prevent use as a low-income house.
Think about that one logically. It's a mansion, not a project.
The Flanders Foundation is trying to raise money to buy the house from the City, but they have been unable to reach an agreement with the City. So, when the City decided to sell the mansion, the Foundation did what everyone in California does when they are trying to stop development: they filed a California Environmental Quality Act lawsuit, challenging the City's failure to analyze the low-income housing component required by EIRs.
At the trial Court, the Foundation won. The trial court ruled that since CEQA requires analysis of low-income housing and that component was missing in the FEIR, the City had to redo the FEIR. That apparently bought the Flanders Foundation time to raise more money to buy the mansion.
As with many trial court wins, that ruling wasn't the final decision. You can read the Court of Appeal's opinion here. The Court of Appeal looked at the case and essentially said, "Get real." Given the multiple historical restrictions on the use of the mansion, it could not be used for low income housing, so what was the sense in forcing the City to review the low-income housing component in the FEIR?
Logic won, and that translates into a valid FEIR, allowing the City to sell the mansion.
Anybody got multiple millions? I don't know what it's worth, but it is surrounded by parkland and in a beautiful area. If you won the lotto, you may be in business.
Font Row Seats For The Rose Bowl Parade
The sun is rising oh-slow-slowly on the far East side of Colorado Boulevard with the palm trees silhoutted against the pale blue sky with twiges of light orange. Behind me the sky is still dark blue and black. A fire crackles in a rusted-out half drum on the grass, and people are still sleeping on tarps and air mattresses nearby. Some enterprising company has erected stadium-style seats just across the street and the liquor store down the street is pedaling coffee and donuts. Surprisingly cars are driving up and down the street and carts are pushing horns, blow-up characters and stuffed toys.
The street is littered with silly string, marshmellows and tortillas.
Tortillas. You have to have cruised Colorado Boulevard (not at all related to the Rose parade) as a kid to understand the tortillas and marshmellows. As it has been explained tome, they were used as "weapons" against other cuisers who had the temerity to roll their car windows down. Go figure. It's Pasadena. Home of the newly wed and nearly dead.
A quiet plan flys overhead and suddenly the conversation turns to the Stealth figher flyby at 8:00 a.m., hours from now. The sun is up high enoughthat the neon signs are flickering off, but it's still so dark that it can't read the signs. Half the street lights are off, half still on. In case you've got your map browser handy, MIPTC is at the corner of Colorado Boulevard and San Marino.
Most of the plastic chairs are empty, still waiting for people. The nearby Volvo dealership has cleared out its inventory of cars and rented out its lot to big, rock-star recreational vehicles.
I've seen the after-effects of the parade before, but never the parade itself. For several days afer the parade, they display the floats on certain side streets in Pasadena, and it's really cool to see and touch them up close and personal. This time, there will be no toching, just looking. Plus there will be bands and dancers.
Maybe I'lleven be able to see Stephanie Edwards, the -on-the-street reporter for KTLA channel 5. The other co-host on the TV, Bob Eubanks, will be gushing over the horses in the parade. A stick of cotton candy just walked by with green and pink spun sugar in plastic bags. The American RedCross pickup truck drove by. Where's the disaster? Some 30,000 feet overhead, a jet leaves abright pink contrail in the sky. People are startingto wake up. Me? I've been up since 3:30 a.m. to get ready to drive here.
Parade time is getting closer. A young man in a white suit on a red scooter with a Rose parade sticker quietly scooted by, followed by a pickup truck towing a horse trailer.
The parade is waking up. A group of runners ran by, followed by my fiance's shouted question to them: "Why are you running? There's no one chasing you. After all, we have a bus system and cars." Humor this early in the morning is lost on me. I'm still not awake.
That's about it for the on-site report so far.
The rest you already know. You've seen it on TV.
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Product Information
HPE 18.2 GB ULTRA320 SCSI 15K RPM Universal Hot Plug Hard Drive
Spare Part #: 289240-001
Model #: BF018863B4
Assembly Part #: 306641-001
* Please note that this model BF018863B4 is aggregated under HP option # 286775-B22 and HP spare # 289240-001. HP models that are acceptable substitutes include the following: BF01885A34, BF018863B8, BF01888283, 286774-004, 306641-001, 306645-001, 360209-002. These are 100% identical to the product shown above.
Compatible with: BL20p G1/G2/G3, BL25p, BL40p, BL45p G1, BL60p, CL1850, CL380, DL360 G1/G2/G3/G4/G4p, DL380 G1/G2/G3/G4, DL385 G1, DL560, DL580 G1/G2/G3, DL585 G1, DL590, DL740, DL760 G1/G2, ML310 G1/G2/G3, ML330 G2/G3, ML350 G1/G2/G3/G4/G4p, ML370 G1/G2/G3/G4, ML530 G1/G2, ML570 G1/G2/G3, ML750, and possibly others. Contact us via Live Chat if you have any questions about compatibility.
- Hard Drive Capacity: 18.2GB
- Generation: Ultra320
- Data Transfer Rate: 320 MB/sec
- Rotational Speed: 15,000 rpm
- Form Factor (Drive): 3.5-inch low profile
- Interface: Wide Ultra 320 SCSI; LVD
- Data Storage Device Type: SAS (Server Attached Storage) device
- Hard Drive Device Type: Hard drive for server/storage unit (Hot-plug)
- Height: 1 inch
- Pin Configuration: 80 pin Hot Swappable/ Pluggable
- Hotswap Tray: Included (Attached)
Last Updated: 2/14/2016
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Contact Us
For Product or Online Order related inquiries please contact us at 877.482.2499 or via email at firstname.lastname@example.com.
Please note we are available Monday-Friday from 8AM-10PM(EST) and Saturday 9AM–10PM(EST), excluding holidays.
Products purchased from Gucci on-line may be taken or mailed, along with the original sales slip, to a Gucci boutique . Please click on the Store Locations link located on the homepage of our website or contact one our Canadian stores.
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For online purchases, Gucci will accept merchandise in its original condition for a refund of the purchase price when accompanied by the original invoice.
full-price merchandise must be returned within 30 days from the date of delivery to Gucci.com or to a Gucci boutique within Canada. however, all PayPal purchases must be returned exclusively to Gucci.com.
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Merchandise returned to Gucci.com will be processed within 7-10 business days of receipt. A confirmation email will be sent once your account has been credited. Refunds may only be issued in the same form as was utilized for payment. For visa, mastercard, american express, discover and pre-paid/gift cards, we will reimburse the card used whenever possible. If we are unable to reimburse the card used, we will issue the refund in the form of a corporate check. We recommend that you save your card even after the funds have been depleted, in the event that you would like to make a return. Please note the original shipping charges incurred at the time of purchase are non-refundable.
Easy-to-follow return instructions are included with each shipment. Every effort will be made to ensure a prompt refund and an email notification will be sent once the return has been processed.
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We recommend shipping returned merchandise via FedEx for tracking purposes. Please be sure to request adequate insurance to cover the purchase price of the shipment. Gucci will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, mishandled or damaged.
Gucci.com cannot accommodate automatic exchanges at this time. Please return the original item you wish to exchange for a refund using the applicable conditions or guidelines above. A new order can then be placed on Gucci.com for the exchange item. Please note new orders are subject to merchandise availability. We will inform you if we are unable to fulfill your order.
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Full-price merchandise may be returned or exchanged at no charge in any of our Gucci boutiques within Canada. However, sale merchandise and PayPal purchases must be returned exclusively to Gucci.com in accordance with the above return guidelines and conditions. The original invoice must accompany all returns and exchanges. Online purchases may not be returned or exchanged at Gucci outlet stores, department stores or other wholesale distributors. Please note that shipping costs will not be subject to refund and that a different return policy may be applicable for in-store purchases. To locate a store near you, please visit our store locator.
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Gucci products available for purchase on-line include handbags, wallets, shoes, luggage, ready-to-wear, jewelry and timepieces. All products are subject to availability; and we reserve the right to limit the quantity of products we supply; supply only part of an order or to divide up orders. We also reserve the right to alter the terms or duration of any special offers or sale promotion. We will inform you if we are unable to fulfill your order. Each client may make on-line purchases of up to four items per style.
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Full-priced Gucci products purchased from Gucci online may be taken, along with the original sales slip, to a Gucci boutique for complimentary alteration service. For a complete listing of all Gucci boutiques in Canada, please click on the Store Locations link located on the homepage of our website.
Authentic Gucci Guarantee
We guarantee the authenticity of all products purchased through Gucci.com
Gucci products are crafted with the highest quality materials, design and workmanship. "Made in Italy" is an integral part of the essence of Gucci. It is a cultural approach, a know-how that took generations to build, and a genuine mission that has allowed Gucci to become one of the world's most desirable luxury fashion brands. All Gucci products are made in Italy, except timepieces, which are made in Switzerland, and fragrances, which are made in the EU.
Authentic Gucci products are exclusively sold through a network of directly operated Gucci boutiques, a small number of authorized franchisees, department and specialty stores and on Gucci.com. A complete list of Gucci boutiques is published at http://www.gucci.com/ca-en/stores.
Counterfeit Gucci products are replicas or imitations of authentic Gucci products that are aimed at misleading consumers into believing that they are authentic products. Counterfeit products are of poor quality, but are sometimes offered for sale at high prices in order to mislead online shoppers. Such products lack the quality, the details and the workmanship which characterize authentic Gucci goods.
Counterfeit Gucci products are frequently offered for sale on websites published at domain names containing the Gucci trademark - or slight variations thereof - together with descriptive or generic terms, such as "bag", "shop", "store" and even words such as "official" or "authentic". These website address names are deliberately selected by counterfeiters, as mentioned above, to mislead online shoppers as to the source and reliability of the products promoted on their websites.
To report counterfeit Gucci products or suspect websites to Gucci, please send an email to email@example.com. Please provide as much descriptive information as possible about the products or the website, such as the location of the products, the seller of the products, the type of products, the website address, etc. We appreciate your help in our battle against counterfeiting.
Timepiece Warranty
A limited warranty card and booklet is accompanied with each Gucci timepiece purchase. Warranties are valid for a period of two or five years, depending on the particular timepiece style. Our limited warranties cover all manufacturing and mechanical defects, excluding malfunction or deterioration resulting from accidents or negligence. Authorized Gucci service centers listed in the warranty booklet will, at their discretion, repair or replace any component needed to restore the timepiece to full working order. Complete warranty information is provided in the warranty booklet upon purchase, or you can write to Gucci for a copy of the warranty before you make a purchase. Send your warranty requests to:
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All Gucci.com orders come with complimentary gift wrap. Products are tissue wrapped and enclosed in a signature Gucci gift box that is tied with a Gucci satin ribbon. Gucci gift boxes are only available for products 18" x 18" x 8" and smaller. For larger items, we will include a signature Gucci gift bag with your shipment. A personalised gift message can be added to gift orders and prices can be excluded from the order invoice when completing the online checkout at Gucci.com.
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Elco EL119SH 6" Shower Trim with Reflector and Clear Lens
- Outside diameter: 8"
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This Elco item can also be referenced by the following color/finish specific model #:
- Elco EL119SH
*Discontinued model or finish
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