Category Archives: California Law

March 21, 2010, a Historic Day; Health Care Reform is Passed and will Soon Become Law.

Health Care Reform is now the law of the land.Whether you are for, or against health care reform, one thing is certain, health care reform will become law of the land.. The House of Representatives passed the Senate version of Health care reform last night, and President Obama is expected to sign this bill into law. The House also passed a bill which seeks to modify or fix the original bill, which if passed by a majority vote in the Senate, will also become part of the health care reform bill.

As you can see the country has not come crashing down, the sun has risen. (Except if there is bad weather in your part of the country) America is a great country, and we have just become even greater.

Many of you probably already have read my previous article on supporting health care reform here. You can also read the truth about the health care reform from the official government website here.

I am not going to go into the politics of this historic bill, I will just say this; it now appears that immediately children can no longer be denied health insurance due to pre-existing conditions, parents will now be able to keep their children on their health insurance plan to the age of 26, and senior citizens who need prescriptions will now be able to get medications which are presently not covered.

In 2014, the ban on denying coverage to individuals with pre-existing conditions will take affect for all. Insurance companies will no longer we able to deny anyone from getting insurance just because they have a pre-existing condition. Furthermore, insurance companies will no longer be able to terminate someone’s insurance, just because they become sick and actually need to use their medical insurance. Furthermore, there is no more life time cap on insurance, 30 million uninsured American’s will now get medical insurance. On top of that, individuals and small business will be able to join pools of others to buy low cost insurance.

When a Senator who promised to kill health care reform was elected in Massachusetts, Anthem Blue Cross, the largest health care insurance company in the nation, told Californians with individual plans that their insurance rates would increase by 39% this year. I think this is what broke the camels back so to say. I thank Anthem Blue Cross and their greed for helping us to get health care reform.

Basically we have told the medical insurance companies to go screw themselves. They tried like hell to prevent this reform from passing. Hell there was a doomsday commercial message every commercial break on CNN, MSNBC, and FOX news for the past week. We even heard members of a certain political party claim that our nation was not good enough to ensure that all of us have health care, just like other industrialized nations in the west.

It does not matter if you are a Republican, a Democrat, and independent, or other, you or your family too will benefit from health care reform. Because you see the health care industry abuses that are happening right now do not care what political party you are from. When you are sick and shit out of luck with no insurance or no way to see a doctor, you political views, or voice don’t mean anything. All that matters is getting you or a family member better.

The reform bill is not perfect. I believe that there should be a public option as well. However, this will do for now.

In this economy where millions of Americans are out of work, or working in jobs that give them little or no health care, our nation is coming through. In a few years you will no longer have to look in the mirror and wonder how you are going to see a doctor if you get sick. Hallelujah.

By Norman Gregory Fernandez, Esq., © 2010

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Toyota sued over deaths in horrendous California crash

Toyota Product Defect AttorneyLos Angeles – California

Relatives of a California state trooper and three family members whose fatal car wreck helped spark Toyota’s wide-ranging safety recall have sued the automaker for defects they say caused the vehicle to speed out of control and crash.

The lawsuit, filed on Tuesday in San Diego Superior Court, was the latest in a wave of product-liability cases and other legal action brought against Toyota Motor Corp over complaints of sudden, unintended acceleration in its vehicles.

But the fiery August 28 crash near San Diego of a Lexus ES 350 sedan driven by off-duty California Highway Patrol Officer Mark Saylor drew intense media attention and renewed government scrutiny of safety problems that led to the recall of some 8.5 million Toyota vehicles worldwide.

Toyota President Akio Toyoda, grandson of the company’s founder, extended his condolences to the Saylor family in an apology he delivered to a congressional hearing last week.

Saylor was driving his wife, their 13-year-old daughter, and his brother-in-law on a family outing when their car “began to accelerate on its own” and sped out of control despite Saylor’s attempts “to apply the brakes and otherwise do everything possible to stop” the car, the lawsuit says.

The car reached speeds of up to 120 miles per hour before it struck another vehicle, plowed through a fence, hit a berm and flew through the air, then rolled several times into a field and burst into flames.

The family’s final moments before impact were captured in the recording of a frantic 911-emergency cell phone call placed by Saylor’s brother-in-law, Christopher Lastrella, in which he is heard telling the dispatcher, “Our accelerator is stuck … We’re in trouble … there is no brakes.”

Others in the car are heard saying, “hold on” and “pray” as the call ended, the lawsuit said.

The suit names Toyota, its U.S. division and other corporate entities as defendants, along with the Lexus dealership where Saylor was given the doomed car as a “loaner vehicle” while his own Lexus was being serviced.

Although the suit makes no specific allegations as to the root cause of the unintended acceleration, it says the car in question “was defective when it left the control of each defendant” and that “adequate warnings of the danger were not given.” The suit seeks unspecified monetary damages on behalf of the parents of Saylor and his wife.

Toyota officials have said they do not comment on pending litigation.

San Diego County Sheriff’s investigators concluded the crash likely was caused by the gas pedal becoming stuck in an all-weather rubber floor mat designed for a larger vehicle but placed by the Lexus dealership in the sedan loaned to Saylor.

But the accident report said “other avenues of unintended acceleration could not be explored,” mechanical or electrical, due to catastrophic damage to the vehicle.

The report also revealed that another driver who had been loaned the same car a few days earlier told investigators the vehicle raced out of control on him when the gas pedal jammed in the floor mat, which he managed to free after placing the gear shift into neutral.

He complained to a dealership receptionist when he returned the car, the receptionist told investigators she alerted the detail specialist on duty, but the detailer claimed never to have received such a complaint, the report said.

Toyota has recalled more than 5 million vehicles in the United States for slipping floor mats. Another 2.2 million U.S. recall notices were issued for sticking accelerator pedals.

The Transportation Department has said that complaints of unintended acceleration in Toyota and Lexus vehicles are linked with more than 50 U.S. crash deaths under investigation over the past decade.

If you or your family have been the victim of a car crash in a Toyota due to sudden acceleration or other product defect anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com

Toyota Product Defect Attorney

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EZ Lube CEO arrested for Drunk Driving after Newport Beach, California Crash.

EZ Lube CEO in Drunk Driving AccidentNEWPORT BEACH – California

 A man arrested on suspicion of drunken driving after crashing twice within a city block is the chief executive officer of EZ Lube, an oil-change chain.

Mark David Goodman, 41, has not been charged with a crime since posting bail Tuesday afternoon.

Goodman, who was not injured, was arrested shortly after 5:30 a.m. Tuesday, after his 2009 Cadillac Escalade crashed into a psychic-reading business.

Goodman held senior executive positions at McDonald’s, Walmart and 1,200-store Save-A-Lot before joining EZ Lube recently.

On Tuesday, Goodman’s Escalade jumped a curb along East Coast Highway, knocking over a parking sign, and smashing straight into a knee-high brick planter at Directors Financial Group.

Goodman then apparently backed off the parking sign, and continued a block north, jumping the curb again, breaking another parking sign, scraping a palm tree, and continuing down a sidewalk before smashing into a bus stop bench and finally coming to a stop inside the Crystal Lotus, 3100 E. Coast Highway, in Corona del Mar.

Goodman did not return a call for comment.

Anita Marie Laurie, an EZ Lube spokeswoman, said, “I spoke to him and he said he’s just grateful that no one was injured.”

Goodman took his current job three months ago, when EZ Lube came out of Chapter 11 bankruptcy.

EZ Lube, a chain of 85 or so oil-change shops based in Southern California, ran into financial troubles after two investigations found evidence that the company routinely defrauded customers.

In December 2007, EZ Lube agreed to a $5 million settlement with the Orange County district attorney to end legal action. The company paid $3 million toward the settlement, but declared bankruptcy in December 2008 before paying the rest.

EZ Lube is the latest stop for Goodman, who once ran U.S. strategy and operations for McDonald’s.

After McDonald’s, Goodman had stints as a top executive for two other companies.

For 14 months, Goodman was an executive vice president for marketing at Sam’s Club. Four months after he left, he got a job in April 2007 as chief operations officer for Save-A-Lot, where he stayed for 15 months.

Bottom line folks, do not drink and drive; you could kill someone and then end up in jail for a very long time.

Newport Beach Car Accident Attorney Website

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New California State Laws for the Second Decade of the 21st Century; The Year 2010; I think our State Legislatures have too much time on their hands! Read Below.

A Summary of California Laws for the year 2010Below is a summary of new laws for the State of California for 2010. Most will be going into effect on Friday morning.

Remember you are deemed to know the law; ignorance of the law is no excuse for violating it.

AB 9 (J. Perez) – Political Reform Act: FPPC – this law clarifies what constitutes improper campaign activity by a local government or agency during an election for a candidate or initiative.

AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.

AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.

AB 91 New “Ignition Interlock Device” Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.

AB 144 (Ma) – Last year in San Francisco, law enforcement confiscated over 1,000 illegal disabled placards. The widespread abuse has not only taken away parking opportunities for people who really need them, but has also exacerbated the difficult parking environment in San Francisco. The current penalty is a $100 fine.

AB 144 not only increases the fine for fraudulent use to $1,000, but also gives parking control officers the ability to cite violators. Currently, only police officers have the ability to cite violators in many instances.

AB 166 (Lieu) – Creates a cost-effective solution to deal with the growing number of abandoned boats in California’s waterways. The bill will establish a vessel turn-in program that permits boat owners to transfer ownership of their dilapidated vessels before they become an environmental hazard.

AB 171 (Jones) – Establishes basic consumer protection standards governing credit cards and loan products that are arranged in dental offices. The law is designed to protect elderly, low-income or limited-English-speaking dental patients who unwittingly signed credit card applications. The new law prohibits arranging credit while patients are under anesthesia, requires notice in the patient’s primary language, and requires refunds if dental services have not been provided within 15 days.

AB 232 (Hill) – Allows the California State Teachers Retirement System to implement technology improvements such as switching from paper transactions with customers to online and e-mail transactions. The changes will reduce environmental impacts and save the state about $1 million annually.

AB 242 (Nava) – Strengthens penalties for spectatorship at a dogfight in California.

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