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February 5, 2010
LES JANKEY ET AL., PLAINTIFFS AND APPELLANTS,v.SONG KOO LEE ETC., DEFENDANT AND RESPONDENT.
(San Francisco City & County Super. Ct. No. CGC07-463040). Trial Judge: Hon Patrick J. Mahoney.
CERTIFIED FOR PARTIAL PUBLICATION*fn1
Les Jankey (Jankey), a person with a disability who uses a wheelchair for mobility, brought an action against Song Koo Lee (Lee), the owner of K & D Market, a small grocery/liquor store in San Francisco's Mission District. The suit alleges that Lee discriminated against Jankey on the basis of his disability because architectural barriers denied him entry to the market. Jankey's action sought, among other relief, parallel causes of action for injunctive relief pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq. (ADA)) and the California Disabled Persons Act (Civ. Code, § 54 et seq. (CDPA)). The court entered summary judgment on all causes of action for Lee, which is not at issue in this appeal.
Instead, this appeal is from an order awarding Lee his attorney fees in the amount of $118,458 under Civil Code section 55*fn2 (Section 55), which mandates that the prevailing party in an action to enjoin a violation of disability access requirements "shall be entitled to recover reasonable attorney's fees." (Italics added.) Relying on the Ninth Circuit's decision in Hubbard v. SoBreck, LLC (9th Cir. 2008) 531 F.3d 983 (Hubbard I), opinion amended and superseded on denial of rehearing by Hubbard v. SoBreck, LLC (9th Cir. 2009) 554 F.3d 742 (Hubbard II), Jankey claims that attorney fees were improperly awarded to Lee as a prevailing defendant on Jankey's claim for injunctive relief under Section 55. Hubbard II held that a mandatory award of fees to a prevailing defendant under Section 55 without a showing that the plaintiff's lawsuit was frivolous, unreasonable, or groundless "is inconsistent with, and therefore preempted by, the ADA." (Hubbard II at p. 744.) We respectfully disagree with the Hubbard II court's preemption analysis, and conclude that attorney fees were properly awarded to Lee as a prevailing defendant under Section 55. We further find that the amount of attorney fees and costs was well within the trial court's discretion. Consequently, we affirm.
Jankey and Disability Rights Enforcement Education Services: Helping You Help Others (DREES)*fn3 brought this lawsuit against Lee doing business as K & D Market, a small independently owned and operated grocery/liquor store that has been in the Mission District for 61 years. Lee does not own the building, but has operated the market since 1985.
Jankey asserted that Lee violated his rights by "denying plaintiffs and the class of other similarly situated persons with physical disabilities access to, the full and equal enjoyment of, opportunity to participate in, and benefit from, the goods, facilities, [and] services" offered by the market. Specifically, Jankey alleged that a four-inch step located at the entry of K & D Market was an architectural barrier that prevented him and other wheelchair bound individuals from wheeling directly into the store. Jankey claimed Lee was in violation of: ( ( ( the ADA (42 U.S.C. § 12101 et seq.); (2) the CDPA (§ 54 et seq.); the Unruh Civil Rights Act (§ 51 et seq. (the Unruh Act)); and Health and Safety Code section 19955. Among other relief, Jankey's lawsuit sought injunctive relief pursuant to the ADA (42 U.S.C. § 12188(a)(2)) and under Section 55, "to make [the subject place of public accommodation] readily accessible to and usable by persons with disabilities . . . ."
Lee filed a motion for summary judgment contending that Jankey's claims were deficient because: (1) removing the threshold step at the market was not a "readily achievable task" within the meaning of the ADA; (2) Jankey was not denied reasonable access to goods and services; (3) Lee utilized alternative methods to provide goods and services to Jankey which complied with ADA requirements; (4) Jankey's claim under Health and Safety Code section 19955 was not cognizable because the market does not have a public restroom; and (5) DREES lacked standing to prosecute this lawsuit.
The trial court granted summary judgment in Lee's favor on June 12, 2008. The court found that Lee had proved his affirmative defense to all causes of action that because of the regulatory permit process, the removal of the architectural barrier and the installation of a ramp was "contrary to applicable law" and not readily achievable. The court also found that DREES lacked standing to maintain this action. As noted, the correctness of this ruling is not challenged by Jankey in this appeal.
Lee, as the prevailing party, thereafter brought a motion to recover his attorney fees under Section 55. In ruling on the fee motion, the parties below disagreed whether the trial court should apply the Ninth Circuit's decision in Hubbard II, supra, 554 F.3d 742, or the California appellate court's decision in Molski v. Arciero Wine Group (2008) 164 Cal.App.4th 786 (Molski). As noted, in Hubbard, the court used preemption principles to require a prevailing defendant, seeking an award of attorney fees under Section 55, to show that the disabled plaintiff's claims were frivolous, unreasonable, or groundless.*fn4 (Hubbard II, supra, at pp. 746-747.) In Molski, the court held that attorney fees were automatically available to a prevailing defendant under Section 55, notwithstanding that the disabled plaintiff's claims could not be characterized as frivolous. (Molski, supra, 164 Cal.App.4th at p. 791.)
Upon considering the parties' arguments, the trial court determined that the Molski court's analysis controlled, and that Lee was entitled to a mandatory award of attorney fees under Section 55. The court made no finding on whether Jankey's lawsuit could be characterized as frivolous. The court awarded Lee $118,458 in attorney fees and $3,544.54 in costs. Judgment was entered on August 28, 2008. Jankey then filed an appeal from the court's award of attorney fees and costs to Lee.
A. Standard of Review
Generally, a trial court's determination of whether a party is entitled to an award of attorney fees, and the calculation of such a fee award, are both reviewed for abuse of discretion. (Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 315; Ramos v. Countrywide Home Loans, Inc. (2000) 82 Cal.App.4th 615, 621.) However, Jankey claims the trial court used the wrong legal standard in granting Lee attorney fees under Section 55. "[A]lthough the normal standard of review regarding an attorney fees award is abuse of discretion, `discretion may not be exercised whimsically, and reversal is required where there is no reasonable basis for the ruling or when the trial court has applied the wrong test to determine if the statutory requirements were satisfied.' [Citation.]" (Ramos v. Countrywide Home Loans, Inc., supra, at p. 621.) In determining whether the court used the correct legal standard in awarding attorney fees, de novo review is required. (Harman v. City and County of San Francisco (2006) 136 Cal.App.4th 1279, 1308; Silver v. Boatwright Home Inspection, Inc. (2002) 97 Cal.App.4th 443, 448-449.)
B. Analysis
Jankey's argument that Section 55's mandatory fee award provision is preempted by the discretionary standard under the ADA is supported by the Ninth Circuit's decision in Hubbard II, supra, 554 F.3d 742.*fn5 The complaint filed by the disabled plaintiffs in Hubbard alleged, among other things, that the defendant restaurant owners violated both the federal ADA and California's CDPA. The court entered judgment for the defendants, finding that plaintiffs had failed to show that the alleged barriers denied them full and equal enjoyment of the restaurants' services and facilities. (Id. at p. 744.) Defendants then moved for attorney fees under the ADA and Section 55 of the CDPA. (Hubbard II, supra, at p. 744.) The district court concluded that attorney fees were not warranted under the ADA because the plaintiffs' claims for injunctive relief were not frivolous, but awarded defendants attorney fees under Section 55 of the CDPA, which is mandatory and guarantees attorney fees to a prevailing party. (Hubbard II, supra, at p. 744.) Plaintiffs appealed.
Although the issue of preemption was not raised or ruled on in the district court, the Ninth Circuit reversed and vacated the award of attorney fees to the prevailing defendants under Section 55, because the court believed the attorney fee award was inconsistent with, and thus preempted by, the ADA. (Hubbard II, supra, 554 F.3d at p. 744.) The Hubbard court noted that, while both plaintiffs and defendants may be declared prevailing parties under the ADA, attorney fees may not be awarded to a prevailing defendant under the ADA unless the defendant establishes that the plaintiff's suit was frivolous. (See Summers v. A. Teichert & Son, Inc. (9th Cir. 1997) 127 F.3d 1150, 1154 (Summers) [adopting Title VII standard in Christiansburg Garment Co. v. EEOC (1978) 434 U.S. 412, 421 (Christiansburg), for defendants to recover attorney fees under the ADA].)*fn6
The Hubbard court went on to point out that a violation of the ADA constitutes a violation of the CDPA. (See §§ 54, subd. (c), 54.1, subd. (d), 54.2, subd. (b).) (Hubbard II, supra, 554 F.3d at p. 745.) Consequently, the proof required to establish a violation of the CDPA and the ADA is identical, and "it is impossible to distinguish the fees necessary to defend against the CDPA claim from those expended in defense of the ADA claim . . . ." (Id. at p. 745.) Accordingly, "a grant of fees on the California cause of action is necessarily a grant of fees as to the ADA claim." (Ibid.) Because the ADA bars fees to defendants for non-frivolous actions, the Hubbard court concluded "preemption principles preclude the imposition of fees on a plaintiff for bringing non-frivolous claims under state law that parallel claims also filed pursuant to the federal law. [Citation.]" (Ibid.)
A few days after the Hubbard I opinion was issued, the court in Molski, supra, 164 Cal.App.4th 786, addressed the question of whether Section 55 authorizes a fee award in favor of a prevailing defendant, regardless of whether the plaintiff's claims could be characterized as frivolous. In Molski, the plaintiff filed an action alleging that he encountered barriers to wheelchair access while visiting the defendant winery. After his federal action was dismissed, Molski filed a lawsuit in state court asserting claims for relief under the Unruh Act, the CDPA, Health and Safety Code section 19955, and for injunctive relief under Section 55. (Molski, supra, at p. 789.) The trial court ultimately granted defendant's motion for judgment on the pleadings. (Id. at p. 790.) The defendant then moved to recover attorney fees as the prevailing party under Section 55 for fees incurred in both the federal and state court proceedings. (Molski, supra, at p. 790.) The trial court awarded defendant its attorney fees for the state court action only. (Ibid.) Plaintiff appealed.
On appeal, the appellate court first found Section 55's mandatory language to be unambiguous authorizing "bilateral fee recovery" for both prevailing plaintiffs and prevailing defendants. (Molski, supra, 164 Cal.App.4th at p. 790.) Next, the court determined that the defendant winery was the "prevailing party" because Molski had obtained none of the relief he sought. (Id. at p. 791.)
The court then considered Molski's assertion that, "notwithstanding the plain language of section 55 and the outcome of this litigation," attorney fees should not be assessed against a plaintiff unless the defendant demonstrates that the claims were frivolous. (Molski, supra, 164 Cal.App.4th at p. 791.) The Molski court rejected plaintiff's assertion that the Christiansburg standard (434 U.S. at p. 421) should be applied to Section 55 as well. The Molski court noted that Christiansburg involved a case brought under Title VII, not to "access litigation in California state court, where a plaintiff controls the relative risks, burdens and benefits by selecting from among several statutory options." (Molski, supra, at p. 791.) Specifically, the Molski court noted that, unlike a Title VII plaintiff, a plaintiff prosecuting an access claim in California "has several alternatives under California law" and can seek relief under the Unruh Civil Rights Act, the CDPA, or he or she can file an action under Section 55 for injunctive relief. (Molski, supra, at pp. 791-792.)
The Molski court noted that a plaintiff could seek monetary relief under section 54 of the CDPA or section 51 of the Unruh Act without being exposed to the risk of an adverse judgment for attorney fees. Because fees are only authorized for prevailing plaintiffs, the same is not true when a plaintiff seeks relief under Section 55 to enjoin a technical violation of California's access laws. (Molski, supra, 164 Cal.App.4th at p. 792.) By including a claim for injunctive relief under Section 55, Molski knew that he could be exposed to an adverse fee award, and therefore "ha[d] something to lose if he . . . [did] not carefully assess the merits" of his claim. (Ibid.) The court concluded that entitling a prevailing defendant to fees on the same basis as a prevailing plaintiff under Section 55, without a finding that the plaintiff's claims were frivolous, does not violate "[t]he spirit of California's statutory scheme." (Ibid.) A plaintiff should be held accountable for "the consequences of this scorched earth strategy" of electing to pursue every available statutory option available to enforce his right of access under California law, thereby "maximiz[ing] the litigation expenses of his adversary." (Ibid.)
In response to the Molski opinion, the Ninth Circuit granted a petition for rehearing in Hubbard I, supra, 531 F.3d 983 and issued an amended opinion. (Hubbard II, supra, 554 F.3d 742.) Although the Ninth Circuit reaffirmed its ultimate conclusion that the defendants' mandatory award of attorney fees under Section 55 was preempted by the ADA, the court acknowledged that Molski upheld an award of attorney fees to a prevailing defendant on a Section 55 claim found not to be frivolous. (Hubbard II, supra, at p. 745.) The Hubbard court went on to note that under Section 55 "[f]ees are not discretionary; they are mandatory. . . . Given this language, we have no basis for doubting that the California Supreme Court will agree with Molski as to the meaning of Section 55. [Citation.]"*fn7 (Hubbard II, supra, at p. 745.)
The Molski court had no reason to address the preemption issue Jankey raises because the plaintiff in Molski had voluntarily dismissed his federal claims under the ADA, and the operative complaint contained only state law claims when attorney fees were awarded. (Molski, supra, 164 Cal.App.4th at p. 789.) Thus, it is unsurprising that the court's opinion in Molski does not contain a word about parallel state and federal claims for injunctive relief, nor does it address whether federal preemption principles preclude giving effect to the provision in Section 55, which automatically grants attorney fees to prevailing defendants.
Procedurally, the case before us is analogous to Hubbard, where the plaintiff made parallel claims for injunctive relief under the ADA and Section 55 of the CDPA, and the defendant prevailed on the ADA claim for the same reasons he prevails on the CDPA claim.*fn8 Because the instant case is procedurally identical to Hubbard, and Molski, supra, 164 Cal.App.4th 786 did not directly address this issue, we must decide whether Hubbard's preemption analysis has merit. (Wagner v. Apex Marine Ship Management Corp. (2000) 83 Cal.App.4th 1444, 1451 [" ` "decisions of the lower federal courts, while persuasive, are not binding on us." ' "].)
We start with long-settled preemption principles. "Whether federal law preempts state law is fundamentally a question whether Congress has intended such a result. [Citations.] [¶] The `starting presumption' is that Congress has not so intended. [Citations.] [¶] Preemption of state law by federal law is found in `three circumstances.' [Citations.] [¶] First, there is so-called `express preemption': `Congress can define explicitly the extent to which its enactments pre- empt state law.' [Citations.] [¶] Second, there is so-called `field preemption': `[S]tate law is pre-empted where it regulates conduct in a field that Congress intended the Federal Government to occupy exclusively.' [Citations.] [¶] Third, there is so-called `conflict preemption': `[S]tate law is pre-empted to the extent that it actually conflicts with federal law.' [Citations.] Such conflict must be `of substance and not merely trivial or insubstantial.' [Citation.] It exists when it is `impossible . . . to comply with both state and federal requirements' [citations] or when state law `stands as an obstacle to the accomplishment and execution of the full purposes and objectives' underlying federal law [citations]." (Peatros v. Bank of America (2000) 22 Cal.4th 147, 157-158; Capital Cities Cable, Inc. v. Crisp (1984) 467 U.S. 691, 698-699.) In determining whether a state statute is preempted by federal law, courts may find preemption only when congressional intent is " `clear and manifest.' " (Spielholz v. Superior Court (2001) 86 Cal.App.4th 1366, 1371-1372; Medtronic, Inc. v. Lohr (1996) 518 U.S. 470, 485.)
In considering the different categories of federal preemption, it appears the Hubbard court employed a conflict preemption analysis. According to Hubbard, a violation of the ADA is a violation of the CDPA (§§ 54, subd. (c), 54.1, subd. (d), 54.2, subd. (b)), and it is "impossible to distinguish the fees necessary to defend against the CDPA claim from those expended in defense against the ADA claim . . . ." (Hubbard II, supra, 554 F.3d at p. 745.) Because the ADA bars attorney fees to defendants for non-frivolous actions, the Hubbard court believed that the mandatory fee award to a prevailing defendant under Section 55 of the CDPA was inconsistent with and thus preempted by the ADA.
In our view, Hubbard improperly used conflict preemption principles to decide the issue before it, and in applying those principles, erroneously concluded that the ADA and Section 55 were in conflict. Certainly, there is nothing in the ADA which would support Hubbard's conclusion that in enacting the ADA, Congress intended to impose uniform standards for complementary state law remedies. In fact, the ADA's express preemption clause, which is not even mentioned in Hubbard, leads to the opposite conclusion.
The ADA has explicitly defined the extent to which its enactment preempts other laws. The text of that provision provides that "[n]othing in [the ADA] shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State . . . that provides greater or equal protection for the rights of individuals with disabilities than are afforded by [the ADA]." (42 U.S.C. § 12201(b).) Accordingly, rather than express an intent to displace state law in the field of disability discrimination, Congress envisioned that a plaintiff will be permitted to pursue state law remedies simultaneously with the remedies provided under the ADA, which may potentially provide the plaintiff with equal or greater relief than he or she may be entitled to under the ADA alone. (See Dichner v. Liberty Travel (1st Cir. 1998) 141 F.3d 24, 32 ["the ADA anticipates that disabled persons will enjoy the full protection of both federal and state antidiscrimination schemes"]; Wood v. County of Alameda (N.D.Cal 1995) 875 F.Supp. 659, 665 (Wood) ["plaintiffs are free to bring suit under both state statutes and the ADA, to the extent that those state laws are consistent with the accomplishment of the federal purposes stated in the federal law"]. (Original italics.).)
It has been recognized that the express purpose of the ADA's preemption provision is to maximize the options available to plaintiffs by ensuring that the ADA provides a "floor" for a plaintiff's rights and remedies while freeing the states to construct a statutory "ceiling." (Wood, supra, 875 F.Supp. at p. 663.) In California, the Legislature has proclaimed its intent that California provide more protection to individuals than the ADA: "The law of this state in the area of disabilities provides protections independent from those in the federal [ADA] . . . . Although the federal act provides a floor of protection, this state's law has always, even prior to passage of the federal act, afforded additional protections." (Gov. Code, § 12926.1, subd. (a).)
Indeed, a perusal of the array of remedies available under California law leads quickly to the inescapable conclusion that the protections of state law go far beyond the ADA. As noted, the ADA provides only injunctive relief, not money damages. (42 U.S.C. § 12188(a)(2).) In contrast, both the Unruh Act and the CDPA allow a plaintiff who is denied equal access or accommodation to sue for money damages. (§§ 52, 54.3.) The importance of this expansion of remedies was explained by the court in Pickern v. Best Western Timber Cove Lodge Marina (E.D.Cal. 2002) 194 F.Supp.2d 1128: "After the ADA was passed in 1990, the California Disabled Persons Act and the Unruh Civil Rights Act were amended to provide that a violation of the ADA constitutes a violation of their provisions. [Citations.] Thus, a plaintiff whose rights are violated under the ADA may now seek damages under the California statutes . . . ." (Id. at p. 1131.) More recently, our Supreme Court settled a disagreement among the appellate courts and held that a plaintiff who seeks damages under section 52, claiming the denial of full and equal treatment on the basis of disability in violation of the Unruh Act and the ADA, need not prove intentional discrimination. (Munson v. Del Taco, Inc. (2009) 46 Cal.4th 661, 665.)
Furthermore, when money damages are sought under both the CDPA and the Unruh Act, the attorney fee provisions offer a unique departure from the ADA's bilateral attorney fee provision. Under the CDPA and the Unruh Act, the prevailing plaintiff is entitled to seek recovery of attorney fees, but a prevailing defendant is not similarly entitled to fees. (See §§ 54.3, 52, subd. (a); Molski, supra, 164 Cal.App.4th at pp. 791-792.)
As noted, unlike the ADA, which makes attorney fee recovery discretionary (42 U.S.C. § 12205), attorney fees are mandatory under Section 55. Consequently, if the plaintiff proves a single violation of a broad range of statutory requirements, of which a violation of the ADA is merely a subset, the plaintiff is guaranteed an attorney fee award. Far from weakening the rights of plaintiffs, the legislative history reveals that the California Legislature designed Section 55's guaranteed attorney fee provision to promote, and encourage plaintiffs to seek enforcement of California's disability access statutes.*fn9
The fact that the Legislature decided to impose a two-way guaranteed fee provision does not put Section 55 in irreconcilable conflict with the ADA or abrogate the scope of the rights available under the ADA in any fashion. Section 55, like other provisions of the CDPA and the Unruh Act, provides greater incentives and rights to a person pursuing a disability access claim in California. The risk that a plaintiff will be liable to a defendant for attorney fees if a Section 55 injunction claim fails is more than offset by the greater rights afforded a plaintiff, including money damages and a guaranteed attorney fee recovery in all instances where the plaintiff prevails.
The Hubbard court also went astray when it failed to look at the CDPA as a whole in measuring it against the ADA's protection, and instead improperly parsed the law. We have found no legal authority requiring each and every element of a multi-faceted state remedial act to offer equal or greater benefits under all circumstances over a similar federal law in order to avoid a preemption finding. Rather than dissecting the fee provision as did Hubbard, when Section 55's role and purpose within the CDPA is considered, it represents precisely the kind of state law authorized by 42 U.S.C. section 12201(b)--a law where "the potential available remedies would be greater than those available under the ADA . . . ." (Appen. to 29 C.F.R. § 1630.1, subds. (b) & (c) (2009), p. 369.)
Lastly, Hubbard failed to acknowledge the point so persuasively made by Molski that, in California, "a plaintiff controls the relative risks, burdens and benefits by selecting among several statutory options," and that by invoking Section 55, Jankey knew he "ha[d] something to lose if he . . . [did] not carefully assess the merits" of his claim. (Molski, supra, 164 Cal.App.4th at pp. 791-792.) In this case, Jankey chose to pursue claims for injunctive relief under both the ADA and Section 55. If his lawsuit had been successful, he certainly would have claimed a mandatory right to attorney fees under Section 55. Nullifying Section 55 to the extent that it guarantees prevailing defendants attorney fees now that Jankey has lost would give him all the benefits of a "scorched-earth" litigation strategy while incurring none of the risks. (Molski, supra, at p. 792.) Moreover, if we accepted Jankey's argument, it would result in giving plaintiffs in disability discrimination litigation an unfair strategic advantage over defendants, who will be subject to Section 55's mandatory attorney fee provision if they lose and the ADA's discretionary attorney fee provision if they win. This result would potentially inject even greater tactical gamesmanship into an area of the law where gamesmanship is already an acute concern. (See generally Molski v. Mandarin Touch Restaurant (C.D.Cal. 2004) 347 F.Supp.2d 860, 863.)*fn10
We therefore reject Jankey's claim, based on Hubbard II, supra, 554 F.3d 742, that "[t]he discretionary attorneys' fee provision of the ADA and the mandatory nature of fees under section 55 raise [an irreconcilable] conflict" and that "preemption principles preclude the imposition of fees on [Jankey] unless the trial court was to find that [his] action was frivolous, unreasonable, or groundless." We conclude no such finding was required under Section 55, nor is the statute preempted by the ADA. Accordingly, the trial court properly awarded Lee, as the prevailing party, his attorney fees in this case.
C. Amount of Attorney Fees Award
Jankey next challenges the trial court's decision to grant Lee his attorney fees in the amount of $118,458 pursuant to Section 55. Jankey first contends that the attorney fee awarded to Lee was unreasonable because Lee's fee request was improperly documented when presented to the trial court. He argues Lee failed to "provide billing records or any other independent evidence of the specific tasks performed or time billed in the defense of this case," which allegedly has made it "virtually impossible" to assess the reasonableness of the fees requested.
However, it is well established that detailed billing records are not required to affirm an attorney fee award. "In California, an attorney need not submit contemporaneous time records in order to recover attorney fees . . . . Testimony of an attorney as to the number of hours worked on a particular case is sufficient evidence to support an award of attorney fees, even in the absence of detailed time records. [Citations.]" (Martino v. Denevi (1986) 182 Cal.App.3d 553, 559; see also Steiny & Co. v. California Electric Supply Co. (2000) 79 Cal.App.4th 285, 293.) This was done in this case, and the proof was adequate to justify the award.
Jankey next claims that Lee's counsel billed an "unreasonable number of hours" that should be "reduced by a factor of 75%." Lee's counsel sought a total of $129,264 in attorney fees for a total of 825 hours spent defending this case. In awarding Lee $118,458 in attorney fees, the court found "that billing rates for defendant's counsel are reasonable; in fact, the rates are at the low end of the San Francisco market."*fn11 The court broke down its attorney fee award into various categories: "General handling/management: $19,772; Discovery: $15,000; Depositions: $12,252; Pleadings: $14,000; Summary Judgment: $45,000; Pre-trial: $1,434; and Prejudgment: $11,000."
The amount to be awarded as reasonable attorney fees is left to the sound discretion of the trial court. (City of Oakland v. Oakland Raiders (1988) 203 Cal.App.3d 78, 85.) " `The trial court makes its determination after consideration of a number of factors, including the nature of the litigation, its difficulty, the amount involved, the skill required in its handling, the skill employed, the attention given, the success or failure, and other circumstances in the case.' [Citation.]" (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1096.) The trial judge is in the best position to evaluate the services rendered, and the court's decision will not be disturbed on appeal unless it is clearly wrong. (City of Oakland v. Oakland Raiders, supra, at p. 85.)
"In reviewing an award of attorney fees, the amount awarded by the trial court will not be set aside absent an affirmative showing of abuse of discretion in that the award is `manifestly excessive in the circumstances.' . . ." (Horning v. Shilberg (2005) 130 Cal.App.4th 197, 210, quoting Children's Hospital & Medical Center v. Bont (2002) 97 Cal.App.4th 740, 782.) We have reviewed the record, and we can find no special circumstances rendering the trial court's award of attorney fees unjust. The record supports the conclusion that the attorney fee award was the product of the number of hours reasonably spent to develop a detailed and effective litigation strategy that ultimately resulted in a dismissal of all of Jankey's claims through a successful summary judgment motion.
Jankey finally contends that Lee's fee award should be reduced because "[c]counsel's billing is disproportionately top-heavy." Jankey points out that "[o]f all the time billed by respondent's counsel, 76% or 627 out of 825 hours was billed at the highest rate--that of a senior attorney." The distribution of work amongst the lead attorney (billed at $165 an hour), the mid-level attorney (billed at $150 an hour) and the paralegal ($90 an hour) as described in counsel's declaration was not unreasonable given the complexity of the issues in this case, and we find no abuse of discretion.
The judgment is affirmed. Lee is entitled to his costs and an award of attorney fees on appeal in an amount to be determined in the trial court. (See Cal. Rules of Court, rule 8.278(a)(1); Morcos v. Board of Retirement (1990) 51 Cal.3d 924, 927 ["statutes authorizing attorney fee awards in lower tribunals include attorney fees incurred on appeals of decisions from those lower tribunals."].)
We concur: SEPULVEDA, J., RIVERA, J.
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188.8.131.52 Processing RopGetPropertiesList
When the server receives a RopGetPropertiesList ROP request buffer ([MS-OXCROPS] section 22.214.171.124) from the client, the server parses the buffer. The server responds with a RopGetPropertiesList ROP response buffer. For details about how the server parses buffers and processes ROPs, see [MS-OXCROPS] section 22.214.171.124. For details about how the server formats buffers for the response, see [MS-OXCROPS] section 188.8.131.52.
The server MUST return the list of all properties that are currently set on the object.

subset: commoncrawl


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Reports Issued By 153/189 Users
Success Reported By 42/153 Users
Driver Download Score67/100
Driver Installation Score67/100
Overall preformance Score61/100
Installation Manager Success Stats:
Reports Issued By 443/476 Users
Success Reported By 415/443 Users
Driver Download Score97/100
Driver Installation Score99/100
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Flurry: Communitainment Fuels 38.5 Percent Rise in Mobile App Usage
The average amount of time U.S. mobile device users spend engaged with mobile app content rose another 38.5 percent between 2015 and 2016, according to Yahoo's Flurry market research unit. That follows a 108 percent increase between 2014 and 2015. Researchers attribute this rise, in part, to a rise in communitainment — communication for the...Learn More
FCC Measures U.S. Median Broadband Speed at 39 Mbps
The U.S. median broadband speed was 39 Mbps downstream as of September 2015, according to FCC data released yesterday – up 22% from the previous year. The results were published in the FCC's latest "Measuring Broadband America" report. Issued since 2011, that report initially focused on actual vs. advertised broadband speeds but has expanded over...Learn More
IDC: Tablet Shipments Will Rebound Thanks to Detachables
In just a short span of time, tablets have gone from a computing/communications device and consumer electronics growth leader to an als0-ran. Growth will pick up again, but not until 2018 and then top out in single-digit rates, according to the latest from the IDC Worldwide Quarterly Tablet Tracker. Global tablet shipments will decline 12...Learn More
J.D. Power: Wireless Router Satisfaction Rises
Manufacturers' efforts to improve the performance of wireless routers and make them easier to use appear to be successful, according to new market research about wireless router satisfaction from J.D. Power. Wireless router customer satisfaction rose across all 10 factors – a total 24 index points to 847 on a 1,000-point index scale. Customer satisfaction...Learn More
MBBF: 5G Future is About Digitizing the World, Once and For All
The migration to a 5G future is already underway and it's going to be different than previous wireless generation migrations. Much different. That was a key theme at Huawei's Mobile Broadband Forum (MBBF), held last week in Tokyo. Seizing the true business opportunity amongst the great hype machine generated by 5G will be paramount. There...Learn More
Comcast Joins ON.Lab SDN and NFV Development Communities
Comcast announced it's joining ON.Lab, a non-profit industry association that aims to advance Software-Defined Networking (SDN), network functions virtualization (NFV) and cloud computing. ON.Lab SDN and NFV initiatives are open source-based. The organization was founded by SDN inventors and leaders from Stanford University and UC Berkeley. More specifically, Comcast is joining ON.Lab's Open Network Operating...Learn More
IDC: Smartphone Shipment Growth to Slow Sharply, Total 1.45 Billion in 2016
Global smartphone shipment growth will be just 0.6% year-over-year (YoY) in 2016 to total 1.45 billion units, according to the latest from IDC's Worldwide Quarterly Mobile Phone Tracker. That's down sharply from 10.4% YoY growth exhibited in 2015. Growth in developed markets, including the U.S., will be slower where smartphones are more widely used and...Learn More
Breaking with DOCSIS 3.1 Cablecos, Altice FTTH Plans Include Path to 10 Gbps
While some of the largest U.S. cable companies are looking primarily to DOCSIS 3.1 to support gigabit broadband deployments, Altice USA has opted instead to deploy fiber-to-the-home, which it says will support speeds up to 10 Gbps. A five-year Altice FTTH rollout plan announced today and dubbed "Generation GigaSpeed" aims to bring ultra-high speed broadband...Learn More
Enterprise, Fiber Network Consolidation Continues with Zayo Acquisition of Electric Lightwave
Another day, another fiber network consolidation example, with news today that Zayo intends to acquire Electric Lightwave (formerly Integra) for $1.42 billion. The transaction highlights accelerating M&A activity in the regional fiber and enterprise markets, with several significant transactions announced recently, among many smaller deals. With Electric Lightwave, Zayo gains a facilities based regional fiber...Learn More
Level 3 Acquisition Will Completely Transform CenturyLink, Enterprise Market
If CenturyLink's plan to merge with Level 3 Communications is approved, the combined carrier will get 76% of its revenue from the enterprise and wholesale market, said a Level 3 executive today. After the CenturyLink, Level 3 merger, the combined company would be the most heavily business-focused of the nation's five largest service providers by...Learn More
Report: U.S. High-Tech Jobs Average 30K per Congressional District
The high-tech economy plays an important role in every U.S. Congressional district, including providing an average of nearly 30,000 jobs per congressional district, according to new research about U.S. high-tech jobs from the Information Technology & Innovation Foundation. "The U.S. economy is extremely diverse, and different regions may specialize in different products and services, but...Learn More
Mobile Broadband Forum: 4.5G WTTH Helping Accelerate Next Generation Fixed Wireless
Growing fixed wireless momentum across the globe is leading to the concept of wireless-to-the-home (WTTH), promising fiber like speeds that are increasingly seen as lower cost alternative option for traditional wireline fixed broadband service. WTTH was on full display last week with particular emphasis on 4.5G WTTH, during Huawei's Mobile Broadband Forum (MBBF), which took...Learn More


text: Please type your full address or zip code below. Cancel Submit Mark L. Hudak, M.D. Professor Department of Pediatrics Division of Neonatology Chair, Department of Pediatrics; Chief, Division of Neonatology; Associate Medical Director NICU Wolfson Children's Hospital; Associate Dean for Managed Care Specializes in Neonatal-Perinatal Medicine BioPractice LocationsOffice InfoClinical TrialsNews Specialty Neonatal-Perinatal Medicine Board Certifications PediatricsNeonatal-Perinatal Medicine Professional Education Medical Education: The Johns Hopkins University School of Medicine, Baltimore, MD, USAResidency: Pediatrics, The Johns Hopkins University School of Medicine, Baltimore, MD, USAFellowship: Neonatal-Perinatal Medicine, The Johns Hopkins University School of Medicine, Baltimore, MD, USA Interests Clinical Special Interests: Neonatal cardiopulmonary physiology; neonatal infections; neonatal neurodevelopmental follow-up; necrotizing enterocolitisResearch Special Interests: Neonatal cardiopulmonary physiology; neonatal infections; neonatal neurodevelopmental follow-up; necrotizing enterocolitis; National Children's Study Publications Search for publications by Mark L. Hudak, M.D. Please note: The resulting entries may not reflect a complete or accurate listing for Mark L. Hudak, M.D. Many journals are not indexed by PubMed, and there may be articles by other authors of the same name listed by this search. 30.273245 -81.398782 Baptist Medical Center Beaches-Neonatology (NICU) 1350 13th Avenue SouthJacksonville, FL 32250 Appointment: (904) 627-2900Referral: (904) 627-2900 30.138735 -81.534521 Baptist Medical Center South-Neonatology (NICU) 14550 Old St. Augustine RoadJacksonville, FL 32258 Appointment: (904) 821-6000Referral: (904) 821-6000 29.200671 -81.053728 Halifax Medical Center 303 North Clyde Morris Blvd.Daytona Beach, FL 32114 Appointment: (386) 254-4000Referral: (386) 254-4000 30.347047 -81.664392 UF Health Neonatology - Jacksonville 6th Floor, Clinical Center655 West 8th StreetJacksonville, FL 32209 Appointment: (904) 244-4242Referral: (904) 244-4242Referral Fax: (904) 244-4301 30.316307 -81.663923 Wolfson Children's Hospital-Neonatology (NICU) Suite 210820 Prudential DriveJacksonville, FL 32207 Appointment: (904) 202-3113Referral: (904) 202-3113Referral Fax: (904) 202-3378 Academic Office 3rd Floor, LRC653-1 West 8th Street, L16Jacksonville, FL 32209(904) 244-3056 email@example.com Executive Assistant Christina Bennett(904) firstname.lastname@example.com A Four-Year Blinded-Outcomes Follow-up Study of Patients Who Received Stannsoporfin or Placebo in Clinical Trial 64,185-204 (A 48-52 Month Blinded-Outcomes Follow-up Study of Patients Having Received Stannsoporfin or Placebo in Clinical Trial 64,185-205) Purpose: The purpose of this study is to continue observation of those babies who had newborn jaundice and were enrolled in clinical trial 64,185-204. A Phase 2 Multicenter, Single Dose, Randomized, Double Blind, Placebo Controlled, Parallel Group Study Evaluating the Safety and Efficacy of Two Doses of Stannsoporfin in Combination with Phototherapy in Neonates 64,185-204 Purpose: This research study is evaluating an investigational new drug, called stannsoporfin, that may be used with phototherapy (PT) to treat babies with jaundice. A Randomized, Double Blind, Parallel-Group, Dose Escalation, Placebo-Controlled Multicenter Study to Investigate the Safety and Tolerability of IBP-9414 Administered in Preterm Infants Purpose: Researchers want to find out if an investigational drug called "IBP-9414", which is made of living bacteria in freeze-dried form, can help prevent NEC in infants born prematurely. An investigational drug is a drug that is being tested and is not approved for sale in the United States by the U.S. Food and Drug Administration (FDA). The purpose of this study is to see if IBP-9414 is safe and tolerable. Two doses of IBP-9414 will be tested. The unit that doses of live bacterial drugs are measured in is called colony-forming units or CFUs. The lower dose of IBP-9414 to be tested is 1x108 CFU and the higher dose is 1x109 CFU, which means the higher dose has 10 times more live bacteria than the lower dose. At the end of the study, the researchers will compare the infants who received different doses of IBP 9414 to help decide if receiving IBP 9414 is safe for premature infants and if there are indications of a preventive effect. Aerosol Delivery of Infasurf(calfactant) Intratracheal Suspension to Spontaneously Breathing Neonatal RDS Patients. A Pilot Study of Aerosol Surfactant Replacement Therapy Purpose: The purpose of this study is to determine if there is an easier way to give surfactant to babies with mile to moderate brething difficulties who are not already on a ventilator. Antibiotic Safety in Infants with Complicated Intra-Abdominal Infections (SCAMP Trial) Purpose: The purpose of this study is to evaluate the safety of drug regimens consisting of ampicillin, metronidazole, clindamycin, piperacillin-tazobactam, and gentamicin in infants with complicated intra-abdominal infections. Showing 1 to 5 of 8 12 News Chinese medical delegation visits Jacksonville campus Several faculty recognized for longstanding service at UFCOMJ Hudak appointed to national pediatrics committee Governor reappoints Hudak to state committee A dozen UF College of Medicine-Jacksonville "heroes" honored by local newspaper In the Media 'Just flooding us': Tenn. spike in drug-dependent newborns is warning to nation More newborns showing ill effects of maternal opioid use Abuse of Opiates Soars in Pregnant Women UF study refines treatment options for infant drug withdrawals More Newborns Suffering Drug Withdrawal at Brith Play Play Drag 0:00 / 0:00 Volume Drag SubtitlesHDFull Screen Share Close Maximize imageRestore image Image 1 of 1


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Is Podcasting the next Killer App?
Rather than say podcasting will "remain a niche", I would describe it as an 'acquired taste' much like beer, dinner and a movie.
So the Question Is: Will Podcasts become the next big thing? According to Andrew Kantor (former editor for PC Magazine and Internet World) — NOT.
The good folks at Forrester took a survey, and found that only "one percent of online households in North America regularly download and listen to podcasts."
Until the process makes it to the next generation and some of the chaff disappears on its own - or some shows achieve widespread prominence thanks to the right person (or site) promoting them - podcasting is, unfortunately, going to remain a niche.
What I am saying is that there's a downside to "everyone's a publisher": The quality of the medium goes down.
Because economics don't act as a quality-control agent, there are a lot of great podcasts, but there are a lot more bad ones. The tradeoff for more choice is more junk to sort through to get the good stuff.
I have to agree with his assessment. Most podcasts seem amateurish at best. Have you ever been disappointed after hearing the shrill voice of a blogger's unfunny jokes that you (once) respected? I have.
Unfortunately, in their rush to establish themselves as technological firsts in podcasting, most have sacrificed quantity over quality and content. I have always lived by the credo that quality and content comes first, and I hope that has been reflected in my blogs.
Podcasting could end up becoming more of a blog killer than a killer app.
A man's got to know his limitations. You can read more at Cyberspeak…
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A History on Nationalism Worldwide
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Pages: 1
Word Count: 562
Category: Government and Political Science
Word Count: 562
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Nationalism is commonly defined as a love for ones country Historically however nationalism takes on a far greater meaning Throughout history large groups of people who share a cultural identity language customs history have felt the pulling power of nationalistic feeling The spirit of nationalism also includes the belief that ones nation is better off as an autonomous state Autonomy is defined as a nation governing itself independently from a centralized point Still another aspect of nationalism is the willingness to go to extreme measures in achieving autonomous self-rule Revolutions wars ethnic tension and other conflicts of varying degrees have occurred throughout history because of a love for ones country The spirit of nationalism has shaped the histories and destinies of many countries Nationalism can unite people into cohesive stable nations Likewise it can tear nations apart which can result in long periods of social upheaval and political chaos Nationalism in Europe can be traced back to the decline of feudalism and the beginning of the Renaissance Feudalistic societies are decentralized meaning political control is spread out and does not come from one strong stable place When feudalism declined larger areas of land were being controlled by fewer more powerful individuals A good example of nationalism supporting the rise of a single person is the case of Elizabeth I shown here and the nation-state of England England had previously played a role in the Protestant Reformation when Henry VIII broke away from the Roman Catholic Church to form his own Church of England The Church during the days of feudalism was the one unifying factor for European people When the power of the Church receded during the Renaissance people became aware of similarities and interests beyond religion Elizabeth I was seen as a symbol of English pride England became a nation-state governing itself not a disjointed group of feudal states paying homage to the Catholic Church centered in far-away Italy Nation-states with strong individual
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- above the knee dress & black pantyhose22% (6)
- jeans and a t-shirt37% (10)
- Long dress7% (2)
- office style (formal suit)0% (0)
- other (please elaborate)34% (9)
Most Helpful Guy
Jeans and a t-shirt... are the WORST. They don't flatter any body type. Period. They don't. Man or woman.
People like them because they're comfortable to wear, and because it makes other people look low value enough to be obtainable, if the beholder is (and they usually are) insecure.
Professional dress, and various length dresses are best, provided they account for the individual's unique body characteristics.
Obviously many variables can be tweaked, but the principles behind professional and formal dress should be applied to casual dress. That can make most garments usable.00|00|0


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Messier 101 is a photograph by Barbara McMahon which was uploaded on December 14th, 2012.
A spiral galaxy is a certain kind of galaxy originally described by Edwin Hubble in his 1936 work The Realm of the Nebulae and, as such, forms part... more
Messier 101
Barbara McMahon
Photograph - Photograph/digital
A spiral galaxy is a certain kind of galaxy originally described by Edwin Hubble in his 1936 work The Realm of the Nebulae and, as such, forms part of the Hubble sequence. Spiral galaxies consist of a flat, rotating disk containing stars, gas and dust, and a central concentration of stars known as the bulge. These are surrounded by a much fainter halo of stars, many of which reside in globular clusters.
Spiral galaxies are named for the spiral structures that extend from the center into the disk. The spiral arms are sites of ongoing star formation and are brighter than the surrounding disk because of the young, hot OB stars that inhabit them.
Roughly two-thirds of all spirals are observed to have an additional component in the form of a bar-like structure, extending from the central bulge, at the ends of which the spiral arms begin. Our own Milky Way has recently (in the 1990s) been confirmed to be a barred spiral, although the bar itself is difficult to observe from our position within the Galactic disk. The most convincing evidence for its existence comes from a recent survey, performed by the Spitzer Space Telescope, of stars in the Galactic center.
Together with irregular galaxies, spiral galaxies make up approximately 60% of galaxies in the local Universe. They are mostly found in low-density regions and are rare in the centers of galaxy clusters.
Please note, I did not shoot this image. Credit for the original image is given to NASA and STScI. It was captured by the Hubble telescope and I have put my own "spin" on it.
December 14th, 2012
Viewed 293 Times - Last Visitor from Sunnyvale, CA on 12/01/2016 at 2:44 AM
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Comments (22)
Beautiful work, Barbara! Favorite and vote in the space contest! :-)
Gorgeous image! Can't imagine what kind of camera you need to take a photo like this. Amazing.
Thank you Michele! This image was originally shot by the Hubble Space Telescope. I have reworked the original and put my own "spin" on it!
Spectacular cosmos capture Barbara! Highly thought-provoking artwork! L&F
Thank you Doug for your lovely comment! The universe is mind-boggling in its beauty and infiniteness!
Congrats on your wonderful sale. v
Thank you Kathleen!
Comgrats on the sale :-)
Thank you Gina!
Congratulations on your sale!
Thank you Veronica!
congrats on your sale! shared
Thank you very much Joan!
Incredible painting! WOW... I'm impressed! V/F B-) ~Linda
Thank you so much Linda!
I love this image Barbara. Voted. Congratulations on your sale!
Many thanks Shelley!
Thank you Ronald, Odon and Jon. Your kind comments are much appreciated.
Congratulations on your sale!
Congratulations on your sale...........Odon.
Congrats on your sale!
Thank you Nina, Cheri, Evelina, Kim and Catherine.
Stunning-congrats on your sale! v/f -Kim
Wonderful, congratulation on your sale!
Barbara, very cool! Congratulations on your nice sale! voted
fab, well done, congrats!!!
Awesome work Barbara! I really dig the mystery here! v/f
Thank you James.
Beverly Hills, CA (United States)
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A spot that was set to air on last night's "American Idol" launched Ford's new Fiesta model, which is the automaker's first subcompact for the U.S. market in more than a decade. The ad campaign, includes online videos and a multicultural effort, uses the tagline "It's a pretty big deal."
Full Story:Detroit Free Press


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Used Sedan - 2015 Toyota Corolla LE in El Paso, Tx
This 2015 Toyota Corolla L is offered to you for sale by FOX Toyota/Lexus/Scion of El Paso. Drive off the lot with complete peace of mind, knowing that this Toyota Corolla LE is covered by the CARFAX BuyBack Guarantee. At FOX Toyota/Lexus/Scion of El Paso, we want you to know that you can be confident in your purchase with us. The CARFAX report shows this Toyota Corolla is a well cared for One-Owner vehicle. Sure, every Certified Pre-Owned Toyota is rigorously inspected. However, a Certified Pre-Owned Toyota Corolla LE from FOX Toyota/Lexus/Scion of El Paso offers complete peace of mind. This wonderfully fuel-efficient vehicle offers a supple ride, quick acceleration and superior styling without sacrificing MPGs. This Toyota Corolla is beautiful and the interior is clean with virtually no flaws.
- Window Grid Antenna
- Radio W/seek-scan
- Clock And Speed Compensated Volume Control
- Wireless Streaming
- Automatic Equalizer
- Radio W/seek-scan
- Clock
- Speed Compensated Volume Control And Steering Wheel Controls
- Radio: Am/fm/cd Player -inc: Mp3/wma Playback Capability
- 4 Speakers
- Auxiliary Audio Jack
- Usb 2.0 Port W/ipod Connectivity
- Ipod Interface
- Hands-free Phone Capability
- Phone Book Access And Music Streaming Via Bluetooth Wireless Technology
- Wheels: 15 X 6.0 Steel -inc: Wheel Covers
- Steel Spare Wheel
- Fixed Interval Wipers
- Body-colored Rear Bumper
- Light Tinted Glass
- Black Side Windows Trim
- Body-colored Power Side Mirrors W/manual Folding
- Fixed Rear Window W/defroster
- Body-colored Front Bumper
- Compact Spare Tire Mounted Inside Under Cargo
- Black Grille
- Tires: P195/65r15 All-season
- Auto Off Projector Beam Led Low Beam Daytime Running Headlamps W/delay-off
- Fully Galvanized Steel Panels
- Body-colored Door Handles
- Clearcoat Paint
- Trunk Rear Cargo Access
- Manual Air Conditioning
- Gauges -inc: Speedometer
- Odometer
- Engine Coolant Temp
- Tachometer
- Trip Odometer And Trip Computer
- Locking Glove Box
- Outside Temp Gauge
- Remote Entry W/illuminated Entry
- Full Carpet Floor Covering
- Fade-to-off Interior Lighting
- Interior Trim -inc: Metal-look Instrument Panel Insert And Metal-look Console Insert
- Manual Anti-whiplash Adjustable Front Head Restraints And Manual Adjustable Rear Head Restraints
- Urethane Gear Shift Knob
- Front Map Lights
- Carpet Floor Trim And Carpet Trunk Lid/rear Cargo Door Trim
- Cloth Door Trim Insert
- Driver Foot Rest
- Power Rear Windows
- Trip Computer
- Engine Immobilizer
- Air Filtration
- Remote Releases -inc: Mechanical Trunk/hatch And Mechanical Fuel
- Front Bucket Seats -inc: 6-way Adjustable Driver's Seat And 4-way Adjustable Front Passenger Seat
- Full Floor Console W/covered Storage And 1 12v Dc Power Outlet
- Manual Adjustable Front Head Restraints And Manual Adjustable Rear Head Restraints
- Cloth Front Seats W/cloth Back Material
- 4-way Passenger Seat
- Manual Tilt/telescoping Steering Column
- Driver And Passenger Visor Vanity Mirrors
- Instrument Panel Covered Bin
- Driver / Passenger And Rear Door Bins
- Hvac -inc: Underseat Ducts
- Seats W/cloth Back Material
- Power 1st Row Windows W/driver 1-touch Up/down
- Front Cupholder
- 5 Person Seating Capacity
- 6-way Driver Seat
- 60-40 Folding Bench Front Facing Fold Forward Seatback Cloth Rear Seat
- Rear Cupholder
- Delayed Accessory Power
- Full Cloth Headliner
- Power Door Locks W/autolock Feature
- Front Center Armrest W/storage
- Day-night Rearview Mirror
- Cargo Space Lights
- 60-40 Folding Bench Front Facing Fold Forward Seatback Rear Seat
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- 1 12v Dc Power Outlet
- Analog Display
- Fabric Seat Trim
- Transmission: 4-speed Automatic W/ect-i
- Gas-pressurized Shock Absorbers
- Strut Front Suspension W/coil Springs
- 3820# Gvwr
- Front And Rear Anti-roll Bars
- Engine: 1.8l I-4 Dohc Dual Vvt-i
- Torsion Beam Rear Suspension W/coil Springs
- 13.2 Gal. Fuel Tank
- Front Disc/rear Drum Brakes W/4-wheel Abs
- Front Vented Discs And Brake Assist
- 80 Amp Alternator
- Single Stainless Steel Exhaust
- 390cca Maintenance-free Battery W/run Down Protection
- Electric Power-assist Speed-sensing Steering
- Front-wheel Drive
- Driver Knee Airbag And Passenger Cushion Front Airbag
- Abs And Driveline Traction Control
- Side Impact Beams
- Dual Stage Driver And Passenger Front Airbags
- Electronic Stability Control (esc)
- Dual Stage Driver And Passenger Seat-mounted Side Airbags
- Rear Child Safety Locks
- Low Tire Pressure Warning
- Airbag Occupancy Sensor
- Curtain 1st And 2nd Row Airbags
- Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point
- Height Adjusters And Pretensioners
Major Accidents, Lemon History and Odometer Problems
» View The FREE CARFAX History Report
11165 Gateway West
El Paso, Tx. 79935
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Human Race, cotton blend, imported.
Part of the Human Race collection by Pharrell Williams x adidas, the HR Tank features a cotton blend body with mesh upper. Reflective printed 2016 graphic on front, with adidas Three Stripes branding on sides. Applied patches on front and back.
Style #: BJ9087
- Gallery


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ERIC Number: ED204757
Record Type: RIE
Publication Date: 1981-Aug
Pages: 24
Abstractor: N/A
Reference Count: 0
Lorena A. Hickok: Woman Journalist.
Beasley, Maurine
Lorena A. Hickok was a notable woman journalist of the early twentieth century whose career was greatly altered by her friendship with Eleanor Roosevelt. After reporting for several newspapers across the country, Hickok became one of the first women hired by the Associated Press wire service (AP) in 1928. She was assigned to cover Eleanor Roosevelt during Franklin Roosevelt's first campaign for the presidency of the United States, at which time they became very good friends. Hickok later became the first reporter to conduct an on-the-record interview with a First Lady. However, when their friendship began to conflict with her loyalty to the AP, Hickok resigned from that organization in 1933. As an investigator for the Federal Emergency Relief Administration, Hickok's reports from her fact-finding tours contained information on unemployment and relief, but also captured the human side of the bitterness and heroism of Americans caught in economic disaster. In the 1950s Hickok and Mrs. Roosevelt coauthored a book on women in politics, and in 1962 Hickok wrote a biography of Mrs. Roosevelt. Before her death in 1968, Hickok lamented the loss of her notable newspaper career, saying it was the only thing she had done really well. (HTH)
Descriptors: Authors, Females, Journalism, United States History
Publication Type: Speeches/Meeting Papers; Historical Materials; Reports - General
Education Level: N/A
Audience: N/A
Language: English
Sponsor: Maryland Univ., College Park, Graduate School.; Eleanor Roosevelt Inst., Hyde Park, NY.
Authoring Institution: N/A
Identifiers: Associated Press; Depression (Economic 1929); Hickok (Lorena A); Roosevelt (Eleanor)
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism (64th, East Lansing, MI, August 8-11, 1981).


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Having unnecessary fat in various locations of your body can have a considerable effect on your health and self-confidence. While traditional weight-loss through exercise and diet plan is a great way to drop weight overall, even the best workouts cannot target problem locations like the stomach, inner thighs, arms, and buttocks. Liposuction is a time evaluated treatment that is utilized to remove excess fat from particular locations of the body, permitting a specific to shape and contour their body to their taste. Is liposuction right for you? Find out now.
Pros of Liposuction
There are many benefits to this cosmetic treatment, including:
• Immediately obvious changes. Unlike traditional weight reduction, liposuction produces changes that are instantly visible in the body. Some difference is obvious right away, and the preferred outcomes are typically accomplished in just a few days.
• Proven and safe. This cosmetic procedure has actually been performed by experienced cosmetic surgeons all over the world for several years and the method has been improved over and once again to be safe and reliable.
• Healing time is usually fast. The downtime needed after having this kind of procedure is generally much less than exactly what is required for other types of cosmetic treatments, including abdominoplasty, breast reduction, and more. Individuals who have had the treatment can frequently go back to work a lot more quickly than they prepared for and can return to living a healthy, active lifestyle.
• Weight loss can be irreversible. With the ideal upkeep techniques, the fat that was eliminated during the liposuction procedure will not return.
• Complete control over your physique. With liposuction, a person can have complete control over how they want to look, beyond exactly what traditional diet plan and exercise can supply. Giving individuals this power over their bodies enhances self-confidence and aid individuals feel their best.
While there many benefits to liposuction, there are of course a couple of cautions that should be considered before making the decision to move on with the treatment.
Cons of Liposuction
Before having actually liposuction done, it's important to examine the possible drawbacks of the procedure and figure out if the benefits outweigh the dangers in your particular case. Your cosmetic surgeon can assist you find out more about the threats connected with the procedure and can help you choose if moving forward is the best thing for you.
• Issues with basic anesthesia. Since liposuction is performed under basic anesthesia, the procedure brings the exact same threats as any other kind of surgical treatment where basic anesthesia is used. Underlying medical conditions might increase these risks.• Adverse responses. Bruising, bleeding, and discomfort are all to be anticipated, however, in uncommon cases can trigger more substantial issues.
• The potential to gain the weight back. After having liposuction done, it is critical to preserve a healthy diet and exercise appropriately as recommended by your doctor. Failure to do so could result in gaining back the weight that was lost or possibly a lot more.
There are risks associated with liposuction, for numerous individuals, the benefits far exceed them. Inform yourself about the treatment by having in-depth discussions with your specialist and think about how liposuction has the prospective to affect you as an unique individual. Just you and your specialist can identify if liposuction will supply you with the outcomes you are searching for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Anthon IA
Laser liposuction is a newer, minimally intrusive treatment that involves heating the fat cells to melting point and getting rid of the melted fat through a little cannula. The treatment is typically done right in your doctor's office and is an outstanding option for people who have less than 500 ml of fat to get rid of from any one area. Laser liposuction can be a safe, complementary treatment to weight loss in order to shape the body you've always desired.
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Norway's government proposes to increase the environmental technology portfolio of its sovereign wealth fund to 30B-50B kroner ($5B-$8.33B), from a previous target of 20B-30B kroner.
At the end of 2013, the fund's portfolio of environmentally friendly investments counted 166 companies, including Pentair (PNR), Johnson Controls (JCI), Danaher (DHR) and Enel Green Power (ELPSY), valued at 31.4B kroner.
About 6% of the fund's general portfolio currently consists of companies with more than 20% of revenue from businesses providing green technologies, the finance ministry says.


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Dr. Annette Bödeker is a member of the Corporate Group and partner in the Corporate Department in Frankfurt. Annette is an accomplished corporate lawyer with a broad client base including German and international corporations as well as financial institutions.
Annette largely focuses her practice on corporate governance and compliance matters, mergers and acquisitions, joint ventures and corporate litigation. In addition, her practice covers tax- and business-driven corporate reorganizations and restructurings. She also assists her clients in connection with real estate transactions.
Annette has been listed as one of Germany's most outstanding lawyers for Corporate Law as well as for Mergers and Acquisitions Law in the 2015 and 2016 editions of Best Lawyers in Germany. She has also been recommended in the 2015 editions of The Legal 500 Deutschland and The Legal 500 EMEA, as well as in the 2015 edition of LMG Life Sciences Europe, along with her Corporate/M&A team in the Frankfurt office. JUVE Handbuch 2015-2016 highlights Annette as a "frequently recommended" lawyer.
Annette is a notary in Frankfurt am Main, which allows her to perform notarizations required by German law for certain transactions.
Prior to joining Kaye Scholer, Annette was a partner at Orrick and at Linklaters.
Representative Matters
- 328 Group and its owners on the sale of their aviation companies specialising in the design and maintenance of plane interiors.
- Uni-World Capital L.P. and VanDeMark Chemical Inc. on the purchase of Framochem Kft., the Hungarian manufacturer of specialty chemicals, from Isochem S.A.S., a portfolio company of Aurelius AG.
- Johns Manville on the purchase of the shares of Performance Fibers in the site company Industriepark Werk Bobingen GmbH & Co. KG and on the outsourcing company managing the infrastructure services at the Bobingen industrial site from ABB by the site company.
- Universal Investment Gesellschaft mbH on the acquisition of a portfolio of specialist markets and specialist centers from an English liquidator for a special real estate fund established by the client.
- Zinsser Analytic GmbH on the acquisition of the shares of the Ewald family in ILS Innovative Laborsysteme GmbH.
- Shareholders of Zinsser Analytic GmbH, an established developer and provider of laboratory solutions as well as complementary consumables, and of ILS Innovative Laborsysteme GmbH, a global supplier to leading laboratory equipment manufacturers and laboratories, on the sale of both companies to Gardner Denver Thomas, a portfolio company of KKR.
- eno energy GmbH and other mid cap companies with regard to creditors' meetings to change their respective corporate bond terms and acting as chair of such meetings.
Information pursuant to § 5 TMG and § 2 DL-InfoV
In The Market
- JUVE Handbuch Recommends Frankfurt Office and Lawyers November 14, 2016 • Recognitions
- ILS and Zinsser Analytic Shareholders Sell to Gardner Denver Medical September 2, 2016 • Client Successes
- Four Frankfurt Partners Recognized by Best Lawyers in Germany June 27, 2016 • Recognitions


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[Funeral Program for Theodore Roosevelt Deckard, August 24, 1974]
Description: Funeral program for Theodore (Teddy) Roosevelt Deckard, born January 30, 1907 and died August 18, 1974. The funeral was held August 24, 1974 at Antioch Baptist Church, officiated by Rev. J.J. Rector. Funeral arrangements were made through Carter-Taylor Mortuary and he was buried in Eastview Cemetery in San Antonio, Texas.
Date: August 24, 1974
Item Type: Pamphlet
Partner: San Antonio Public Library


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Demonetisation News
Fri, Sep 23 2016. 07 20 PM
Higher secondary school and college students would be given free access to Internet as per the poll promise
Tue, Jul 05 2016. 01 19 AM
Like in sport, in business too a coach can hold the space and engage a star player to sort out his game when going through a rough patch
Fri, May 20 2016. 01 18 AM
The slew of freebies promised ahead of the polls by AIADMK may be a key reason for its victory in Tamil Nadu
Fri, May 06 2016. 10 12 AM
The ruling party has tried to pander to every voter possible: from farmers and fisher folk to students and minorities
Sat, Mar 12 2016. 05 01 PM
I am not who I think I am. I am a work in progress. I need to be in perpetual beta. And to do that, I have to begin someplace. Where?
Fri, Mar 04 2016. 08 54 PM
Chennai's egregious relationship with its water systems, seen through a show at the city's first photography biennale
Tue, Mar 01 2016. 09 41 PM
Arasu Cable was given a licence by the telecom ministry to provide broadband and Internet services in Tamil Nadu in October last year
Tue, Jan 12 2016. 01 06 AM
It often takes an outsider to drive change in an organization. But being an outsider isn't easy. The film Spotlight offers pointers.
Fri, Dec 11 2015. 02 40 PM
While Salma Hayek-starrer Everlyget mixed reviews, Telugu action film Bengal Tiger is the routine massy entertainer
Fri, Oct 02 2015. 11 09 PM
The state-run cable TV firm will provide Internet and broadband services to households in Tamil Nadu
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Michelle Obama dances with a turnip (and some other ideas)
#TurnipForWhat? Yes, you have to see this
Via Vine/The White House
America's First Lady has been channelling a well-known rapper on The White House's official Vine site in her latest push to promote healthy eating.
She was responding to a cheeky question from Barak Obama impersonator Iman Crosson, who posted a video as part of the #AskTheFirstLady campaign asking her how many calories she burned "every time you 'turn up'".
Taking Lil Jon's hit "Turn Down For What", Michelle Obama gave the lyrics a veggie twist before boogying with a turnip.
We never doubted that Mrs O could make an impression, but creating a viral sensation by dancing with a turnip for six seconds? It's like watching your parents dance at a wedding: awkward but mesmerising.
So, what else can you do with a turnip?
The roast
A succulent roast lamb works wonderfully with the tasty root veg. Tuck in a bulb of garlic and sprinkle with thyme.
Turn up the heat
Swap your chickpeas for turnips and change your hummus from flat to feisty. Don't panic, if you're a hummus traditionalist, you can always garnish with chickpeas.
Get smashed
Sick of spuds? Try mashing turnips with a sprinkling of thyme or sweet potato.
What a pickle
If you find turnips a hard sell, try pickling them and serve with a spread of salads, roasted meats or creamy white cheese.
Erin Stevenson O'Connor/ CC BY-SA 2.0 / adapted / Flickr: Kirinqueen
Shred 'n' slaw
Swap your carrot and cabbage for turnip and kohlrabi for a fresher twist on coleslaw. The spicy ginger vinaigrette packs a good punch too.
Thebittenword.com/ CC BY-SA 2.0 / adapted / Flickr: Galant
Slice it up
Creamy, comforting and the perfect accompaniment to pork, a turnip gratin with pancetta will give the traditional spud dish a run for its money.
Migle/ CC BY-SA 2.0 / adapted / Flickr: Migle


text: Science & Tech 12 December 2012 The pope tweets for the first time, in front of an audience of hundreds: video Pontifex tweetius! Print HTML Via Rocco Palmo, we have video of the Pope sending his very first tweet: If you are a pope, sending a tweet involves: An audience of hundreds. A specially prepared iPad. A table - to be removed once the tweet has been sent. Encouraging applause following your first, tentative touch of the hardware. And Jesus, I guess? › Business quote of the day: "Stunning failures of oversight" "Primo tweet del papa!" Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter. Subscribe More Related articles The art of the YouTube Poop #TrumpsComingChallenge: Destroying demagogues in the digital age Living the Meme: What happened to David after David After the Dentist? Subscription offer 12 issues for £12 + FREE book LEARN MORE Close This week's magazine


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ID: a8584cloudwhite-5
- Step into the new season in style with these must-have creepers!
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