California Attorney at Law Norman Gregory Fernandez

Chatsworth – California April 8, 2012

How can you know you have hired the ideal attorney for your legal matter? Exactly what are your legal rights when it comes to a given situation? Are you protected, guided properly, and will all the things involved in your matter be considered before decisions or actions are undertaken? Finding legal help right now can certainly be challenging, further, finding the right legal assistance can certainly be costly.

A part most typically associated with the initial challenge to locate a good attorney is a result of simply not understanding where to begin your actual search. Worse, the expense problem makes this process actually more daunting, presented with the probability of high retainer fees as well as hourly fees, and in the event that you will be looking out for your individual or your family’s needs, here are some thoughts to assist you.

A. Keep family as well as friends away from the legal advice area. I love the phrase “you don’t understand what you don’t understand.” Friends and family don’t understand what they don’t understand. Supplying you with imperfect or outright incorrect information and facts might be dangerous. Your circle of family and friends might be perfect for socializing and receiving everyday views on some things, but not for legal counsel. The majority of people do not know the actual law, how to legally resolve a legal matter, as well as the consequences of measures or omissions in the legal process.

Everyone has an opinion; however, when it comes to protecting you legally, in addition to guiding yourself, one’s family, or perhaps your business, you need more than a family member’s opinion. Family member’s advice may be well intended. But their advice may turn out to be very harmful to your legal case or issue. You should retain a completely independent attorney to deal with your actual legal issue, whether trivial or major, so you can actually obtain the proper legal guidance you need.

B. Stay far away from the ever increasing on-line document preparation solutions on the internet. These normally do not allow for a complete exchange of information and additionally may result in imperfect outcomes which may not fulfill ones actual needs. Documents produced in this manner might address your specifications. But if you have not really been asked proper inquiries, or if you don’t know everything involved, what is produced will be incomplete and could result in complications later because something crucial was not considered.

An example might be a simple Partnership Contract for the organization of a small business. Without terms within the Contract regarding what takes place if a Partner dies, you might have significant problems should that event arise. If you do not know to include a “death involving partner” provision in the contract, the actual on-line preparation service’s questionnaire may not either. Then, you might be devoid of an important part associated with the Contract, causing potential problems for you later on.

There is no way an online document preparation service can replace an experienced attorney.

Having an attorney can cost you more than using the on-line system, but the cost is well worth it. Just like you would never operate on yourself, you should never represent yourself. It is said that only a fool has himself for a client.

C. Find an attorney with a specialization or concentration within the area of law in which you need advice or legal assistance. Attorneys specialize similarly to doctors. You wouldn’t speak to a foot doctor about heart problems or a pediatrician about your aging parent’s memory difficulties. As plainly obvious as these examples appear, you actually might be undertaking the legal equivalent by talking to the incorrect attorney. Find an attorney that practices in the area you need help in.

D. When searching for an attorney, request family and friends (now is the time to involve them) if they know someone good. Go to your computer or smart phone and use the internet to search for a lawyer. For example to find a biker lawyer, type into the search engine “Biker Lawyer,” or if you are looking for a car accident attorney in Chatsworth, California, type in “car accident lawyer in Chatsworth, California. The more specific you type in your search the better.

A word of caution, major search engines like Google, Bing, and Yahoo usually reserve the first 3 spots on the top of the search engine results for sponsored listings or paid advertisements. This means that the first three results on any search you do are paid advertisements. Further, all of the listings on the right hand part of the screen are usually also paid listings and paid advertisements.

There are also major directories that pop up in the search results that contain nothing but attorneys and lawyers who pay for listings.

Just because a lawyer pays for a sponsored listing or advertisement, does not mean they are the best attorney for you. As a matter of fact I recommend that you stay away from the hacks that pay for sponsored listings or advertisements all over the search engines.

Instead you want to find attorneys who are experienced and who you can speak to. A fancy ad does not make a good lawyer.

Yes, attorneys can certainly be expensive. Ask the attorney before you hire him or her how they will charge you. Ask for an estimate of the actual total costs that will most likely be involved. Ask if the lawyer will allow a few minutes for a free of charge consultation. Ask the attorney about their experience. Notice if you get through to the lawyer or if staff members block your actual access. There is nothing wrong with staff addressing your routine questions, however if you want to talk to the actual attorney, you should be allowed to do so.

Types of Fees.

Flat fees tend to be routine for “one-time” legal services, such as representation in a courtroom for a traffic or certain criminal offenses, as well as for the preparation of papers, such as a contract or perhaps a will.

Hourly fees are normal for matters which will entail continuing services, including representation in a divorce or child custody matter, or for business lawsuits. Often attorneys may ask for a “retainer” in advance; this allows them to acquire their fee while they do the work, and it safeguards them in case you decide to not pay them. As the retainer is used up, the lawyer will ask for another retainer.

Contingency fees are often charged for personal injury matters, such as automobile accident cases, or slip and falls, wherein the attorney will receive a percentage of the total recovery when, and only if there is a recovery for you.

Understanding how fees will be charged and collected is an integral part associated with the attorney selection process. Possessing this information will enable you to compare attorneys and then make an informed decision. Note that the least expensive attorney is not always the best. Per hour fees tend to increase with the attorney’s degree of experience. My advice is to take your time with a selection and ask questions. Shelling out money for legal matters may not be fun, but the results should be better than not hiring an attorney to safeguard you, and will most likely in the end save you money.

Norman Gregory Fernandez is an attorney at law licensed throughout the great State of California, and has been practicing law since 1997. He represents personal injury victims and routinely fights insurance companies and big businesses that won’t accept total responsibility for the harms and losses that they cause. He can be reached anytime by calling 800-816-1Law (800-816-1529), via email, or through his website. He’s also available to talk to your group about numerous legal topics.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Oxnard or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

California Personal Injury Attorney Website

Toyota Tacoma

Los Angeles – California

Toyota Motor Corp. intends to recall almost 700,000 vehicles as a result of a number of safety issues.

Chrysler Group also announced a big recall.

Toyota said it will recall 495,000 Tacoma trucks from the 2005 to 2009 model years to replace the steering wheel spiral cable assembly.

The automaker has detected friction within the cable assembly that can disconnect the driver’s airbag, preventing deployment in a crash.

Additionally, Toyota will recall 2009 Camry sedans and 2009 to 2011 Venza vehicles to exchange the stop lamp switch. Approximately 70,500 Camrys and 116,000 Venzas are covered by this recall. The Camry is the best-selling passenger car in the United States.

Toyota said that in the installation of the switch at one of its American assembly lines, silicon grease could possibly have reached within the switch and caused a rise in electrical resistance.

“If this occurs, warning lamps on the instrument panel might be illuminated, the vehicle might not start, or even the shift lever might not shift from the ‘park’ position. In some instances, the automobile stop lamps could become inoperative,” the automaker said.

Meanwhile, Chrysler is recalling about 210,000 Jeep Liberty sport utility vehicles originally in Midwestern and Eastern Seaboard states which use road salt during the winter months. Corrosion issues with rear lower control arms could cause a motorist to lose control of the SUV.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident in Los Angeles or anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

Los Angeles Car Accident Attorney Website

You and Your Passengers Must Wear Seat Belts?

Most drivers, no matter how carefully they drive, will be involved in one or more vehicle collision throughout their lifetime. The chances of you being killed or injured in a vehicle collision are greater than you may think. One person in three is going to be injured or killed. To increase your odds of surviving an accident, use your seat belts each and every time you are in a moving vehicle. Ensure you and your passengers wear both your lap and shoulder belt if the vehicle comes with both, whether or not the vehicle comes with air bags. Wear your seat belts each and every time you drive. It’s the law!

Children eight years and older, but under 16 years old must be properly secured by having an appropriate safety belt. Children under eight years old, who are less than 4 feet 9 inches tall, have to be properly secured in a child passenger restraint system which fits federal safety standards. However, children under eight years old, that are 4 feet 9 inches tall or taller, may be secured with an appropriate safety belt.

Here are a few additional techniques for using a child passenger restraint system:

The back seat is the safest place in the car for kids 12 years old or younger.

Children, who weigh to 20 lbs. up to age 1, must be secured in a child passenger restraint system secured to the back seat facing the back of the car. Children must not be placed facing forward or backward in the front passenger seat if the vehicle comes with an air bag. Your local law enforcement agencies, fire departments, or perhaps a child passenger safety (CPS) technician can check out proper installation of your child passenger restraint system.

Common Causes of Vehicle Collisions

A few of the common reasons for vehicle collisions are:

• Unsafe speed
• Driver distractions
• Driving on the wrong side of the road
• Improper turns
• Violation of the right-of-way rules
• Violation of stop signals and signs
• Cellular telephone use

Choosing a Lane

When news stations report vehicle collisions, they refer to numbered traffic lanes. The left lane is the “Number.1 Lane.” The lane on the right of the “Number 1 Lane” is the “Number 2 Lane”, then the “Number 3 Lane”, etc.

For anyone who is made aware of a motor vehicle collision through the news or your GPS, avoid driving close to the collision or take another route, if possible. In the event you must drive near a collision scene, do not slow down or stop and look at the accident because you could cause another collision. Drive carefully and watch for people in the road. Always obey an order from a police officer or firefighter directing traffic at a vehicle collision scene, even if you must ignore normal traffic laws or signs to accomplish this.

When You See a Motor Vehicle Collision

Should you be the very first person at a vehicle collision scene, pull completely off the road, away from the collision. Emergency personnel have to be able to see the collision and stop next to it for quick access to injured persons.

Determine if someone is injured. Search the area for victims who may have been thrown from a vehicle. They can be hidden in tall grass or bushes.

Call 9-1-1. If another person stops to help, ask that person to call 9-1-1.

The individual calling 9-1-1 must be prepared to respond to questions and supply information, including the location of the emergency (cross streets, freeway on/off ramp information) and exactly how many people require assistance (is anyone bleeding, unconscious, or with no pulse).

Don’t hang up the phone! Allow the emergency dispatcher to hang up first.

If at all possible, use flares or emergency triangles. If you find a gasoline leak or fumes, don’t use the flares and don’t smoke!

Help anyone that isn’t already walking and talking. Do not move an injured person unless she or he is in a burning vehicle or perhaps in other danger. Moving someone incorrectly often makes an injury worse.

Move the automobile(s) involved out of the traffic lane if it’s not disabled. Turn off the ignition of wrecked vehicle(s). Don’t smoke! Fire is a great danger.

If you are Involved In A Collision?

In case you are involved in an automobile collision-STOP. If you don’t stop, you may be convicted of a “hit and run” and may be severely punished. Someone could be injured and require help. Call 9-1-1 immediately to report the collision to the police or CHP. You must show your driver license, vehicle registration card, proof of financial responsibility, and current address to the other driver or persons involved in the accident, or any peace officer. Evidence of financial responsibility is usually an insurance provider name and a policy number. If you do not have it, you will get a citation along with a $250 fine.

You must do the following:

Move your motor vehicle off the street or highway if no one is killed or injured. Should you not move your motor vehicle or have it taken off the road or highway, any peace officer or authorized personnel may have your motor vehicle removed and impounded. (CVC §§22651 and 22651.05)

Pull to the side of the road and stop in the event you kill or injure an animal. Look for the owner. In the event you can’t find the owner, call the nearest humane society, police, or CHP. Don’t attempt to move a wounded animal. Never leave an injured animal to die.

Try to look for the owner in the event you hit a parked vehicle or any other property. Identify yourself before you leave. In the event you can’t find the owner, leave a note with your name and address (and the name and address of the owner of the vehicle that you are driving) inside the vehicle or securely attached to it. Report the collision without delay to the police or, in unincorporated areas, to the CHP.

Report the collision in writing to the police or CHP without delay if anyone is killed or injured and law enforcement wasn’t present at the scene. In the event the driver of the vehicle involved in a collision is physically unable to report a collision to the police or CHP, any occupant inside vehicle at the time of the collision shall make the report on behalf of the driver.

You or your agent, broker, or legal representative should do the following:

Report the collision by completing a Report of Traffic Accident Occurring in California (SR 1) to the DMV within 10 days when there is in excess of $750 in damage to the property of any person, or anyone is injured (no matter how slightly) or killed.

How Much Insurance are you required to have?

You must be financially responsible for your actions whenever you drive as well as for all motorized vehicles you own. Most drivers decide to have an automobile liability insurance policy as evidence of financial responsibility. If you have a collision not protected by your insurance, your license will be suspended. When the driver involved in the collision is not identified, the owner of the motor vehicle involved will have his or her driver license suspended.

The minimum amount your insurance must cover in the state of California is:

$15,000 for a single death or injury.

$30,000 for death or injury to multiple people.

$5,000 for damage to property caused by one accident.

Reporting a traffic accident to DMV

If you have a collision, report it to the DMV using the SR 1 form. You or your insurance agent, broker, or legal representative must complete the SR 1 report and send it to the DMV within Ten days if a person is injured (regardless of how minor the injury) or killed or property damage is over $750. The SR 1 report is necessary in addition to every other report made to law enforcement, CHP, or your insurance company.

The SR 1 form is available at DMV field offices, at CHP offices, or online at www.dmv.ca.gov. The SR 1 form is necessary whether you caused the collision or not, and even if the collision occurred on private property.

Your driving privilege is going to be suspended if you don’t complete a SR 1 form or if you didn’t possess the proper insurance coverage at the time of the automobile collision.

Every vehicle collision reported to the DMV by law enforcement shows on the driving record unless the reporting officer says someone else was at fault. Unless there is a corresponding police report on file that indicates someone else was at fault, every vehicle collision reported by you or some other party in the collision will likely show on your driver record if:

Any vehicle or property involved has over $750 in damage, or

Anyone is injured or dies.

It does not matter who caused the vehicle collision. The law says DMV must keep this record.

California Motor Vehicle Accident Recap

The subsequent information can help you complete the SR 1 form (maintain it in your glove box). Avoid the use of this article instead of filing the SR 1 form.

Your insurance company name and policy number.

Time and date of the accident.

Location of the accident.

NOTE: You have to give your current address and show these documents to any peace officer and person(s) involved in the vehicle collision:

Your driver license.

Your vehicle registration card.

Evidence of financial responsibility which includes your insurance company name and policy number.

Other Party’s (Driver’s) Information:

Driver’s date of birth.

License number and state.

Driver’s name and address.

Vehicle license plate number and state.

Driver’s insurance company name.

Policy number and expiration date.

Policy holder’s name and address.

Vehicle owner’s name and address.

Injuries or property damage.

The Law Offices of Norman Gregory Fernandez & Associates handles car accident cases and other motor vehicle accident cases all over the state of California. You can read about these cases at http://www.thepersonalinjury.com . If you want to discuss your case, you may call us for a free consultation at 800-816-1529 x. 1.

California Car Accident Attorney Website

A motorcyclist was killed Sunday in a crash on Topanga Canyon Boulevard near the Pacific Coast Highway about 2:30 p.m., the California Highway Patrol reported. The victim was pronounced dead at a hospital. Investigators were still on the scene, and no further details were available.

Also, a man died early Sunday when he was trapped under a flaming 1971 Chevy Monte Carlo that had been stopped on the shoulder of the southbound 110 Freeway near 52nd Street.

The 2:40 a.m. incident began when the 18-year-old driver of a 2008 Smart car slowed to avoid rear-ending a vehicle directly ahead, swerved onto the right shoulder and struck the Monte Carlo. Both vehicles burst into flames.

The Monte Carlo rolled over and fatally injured one of three men who had been standing near the car after it had broken down, the CHP reported. Two other victims were taken to hospitals, one in critical condition and one with lesser injuries.

The driver of the Smart car sustained scrapes and was arrested on suspicion of second-degree murder and driving under the influence, the CHP said. Names of the suspect and victims were not released.

About 11 p.m. Saturday, a pickup truck driven by a 17-year-old male overturned on the 710 Freeway, killing a female passenger and injuring three others. The accident occurred in the northbound lanes just south of the 91 Freeway, the CHP reported. No names were released.
A 23-year-old man driving a Honda Accord died late Saturday when he hit a power pole and tree on Somerset Ranch Road near Paramount Boulevard in South Gate.

The accident occurred about 10:50 p.m. when the driver exited the 105 Freeway at a high rate of speed, collided with another vehicle and slammed into the pole and tree, said South Gate Police Sgt. Mario Saldivar.

The driver was pronounced dead at the scene. A female passenger was in stable condition at a hospital with minor injuries. No names were released.

And a 43-year-old Irvine man was killed while trying to cross the eastbound lanes of the 101 Freeway after crashing his car near Laurel Canyon Boulevard about 9:40 p.m. Saturday, officials said.

The man had been driving west in a black Lexus when he drifted off the shoulder, struck a guardrail and came to rest in the number one lane, the CHP reported.

He got out of the car, tried to run across the freeway and was hit by a BMW driven by a 76-year-old Encino man. The driver of the Lexus was pronounced dead at the scene. His name was not released. The BMW driver was unhurt.

Last year, only one traffic-related fatality was reported in Los Angeles County during the first 36 hours of Labor Day weekend, according to the CHP. Statewide, the CHP has reported six fatalities so far, compared with eight last year.

In Los Angeles County, 227 people have been arrested on suspicion of drunk driving, up from 209 last year, while statewide, the CHP has arrested 1,008 motorists on that charge, compared with 990 last year.

Traffic-related incidents so far this weekend are also higher than the July 4 and Memorial Day numbers this year, authorities said.
“There was a somewhat downward trend, and we were hopeful that would still be the case because people had gotten the message about safe driving,” said CHP Officer Ming Hsu. “Unfortunately, the numbers we have for this period are spiking.”

If you or your family has been injured anywhere in Los Angeles County or the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

Los Angeles County Car Accident Attorney and California Personal Injury Website

A Metrolink commuter train hit a maintenence truck parked on a set of railroad tracks in the San Gabriel Valley on Saturday, killing a railroad worker who was sitting in the truck and leaving three train passengers with minor injuries, authorities said.

The person killed was an employee of the Union Pacific Railroad who had been doing maintenance work with a crew on freight tracks, said Metrolink spokesman Francisco Oaxaca. The area where the collision occurred is a mix of Union Pacific tracks and tracks maintained by Metrolink.

When the commuter train hit the Union Pacific Railroad maintenance truck at about 9:20 a.m., it was on Metrolink tracks, traveling east of Los Angeles along the border of the city of Industry and the unincorporated community of Bassett.

Authorities said there were many reasons why the worker would be in the area, but investigators were trying to determine why the truck was on the tracks. They do not believe it was suicide.

“There is nothing to indicate that this person intended to be struck by the train,” Oaxaca said.

Union Pacific spokeswoman Lupe Valdez said the crash “appears to be an accident.

Three Metrolink passengers were taken to the hospital with minor injuries, said Metrolink spokeswoman Angie Starr. An engineer and conductor, two sheriff’s officials and 138 passengers were on board the train, Oaxaca said.

There was only minor damage to the train, which was led by a locomotive with another engine behind it.

Valdez said the employee has worked for Union Pacific for about 30 years. His name has not yet been released.

In recent years Metrolink has experienced several major crashes.

In December, a commuter train from the Southern California agency struck a pickup truck that drove into its path, injuring six people.

In 2008, 25 people were killed when a Metrolink train collided with a freight train. Investigators believe the Metrolink engineer ran a red light seconds after he was text messaging on his cell phone.

In 2005, 11 people died and about 180 were injured when a man who later claimed he was suicidal parked his sport utility vehicle on the tracks in suburban Glendale. The driver of the SUV was convicted of murder.

California Train Accident Attorney and Metrolink Accident Lawyer Website

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.

AB 260 (Lieu) – Will bring trust and security back to the state’s mortgage market, protect borrowers from the most abusive lending practices that caused the home foreclosure crisis, and reassure the secondary market that loans bought in California are sound.

AB 262 (Bass) – Makes the technical and administrative changes necessary to ensure that $113M in federal economic stimulus energy funding (i.e. local energy efficiency grants and state energy program monies) will be allocated in the most efficient and effective manner.

AB 303 (Beall) – Hospital Seismic Safety Financing; allows designated hospitals to meet state deadlines for earthquake safety improvements. The bill permits the hospitals to leverage local funds in order to draw down federal money to pay for seismic safety facility upgrades.

AB 305 (Nava) – Allows prosecutors to seek jail sentences for polluters who knowingly make a false or misleading report about an offshore oil spill. AB 305 also extends the statute of limitations for violations of Hazardous Material Release Response Plans and Inventory related violations from 1 to 5 years to bring it into accordance with other hazardous material and hazardous waste laws in the same Division of the Health and Safety Code.

AB 329 (Feuer) – Reverse Mortgage Elder Protection Act – a bi-partisan measure that will protect the growing number of senior citizens who are considering a reverse mortgage. This bill would amend California reverse mortgage law to strengthen existing counseling and cross-selling provisions and would provide the borrower with a checklist prior to counseling that highlights the risks and alternatives to reverse mortgages.

AB 343 (Saldana) – Allows California to enter into a compact with 26 other states to ease coordination of interstate school transfers and to remove some of the barriers to academic success military children face due to frequent relocation of active-duty parents. An interstate commission, in coordination with state education officials, will monitor implementation of the compact, address emerging issues, and reconcile disputes between states.

AB 359 (Nava) – Requires digital mammography screening to be covered under the “Every Woman Counts” (EWC) Cancer Detection Program administered by the California Department of Public Health when analog mammography is not available.

AB 370 (Eng) – Would ensure that a victim of contractor fraud is eligible to obtain restitution for economic loss caused by that contractor. Further, this bill increases the maximum potential fine for a first offense from $1,000 to $5,000. For a second and subsequent offense, this measure increases the current mandatory fine from $4,500 up to $5,000. Third offenders will also be required to serve a mandatory jail sentence (as is currently required of second offenders.). Finally, this measure would apply the mandatory minimum fine to repeat offenders who enter into a contract with the victim, or take money from the victim, but do not perform any of the contracting work.

AB 457 (Monning) – Requires claimants intending to file mechanic’s liens to notify homeowners that a mechanic’s lien is being recorded against their property. Specifically, the bill amends the 20-Day Preliminary Notice to make it more prominent and easier to read ,and enacts a requirement that property owners be served with a Notice of Mechanic’s Lien that provides information on how to deal with a mechanic’s lien, along with a copy of the actual lien that will be filed.

AB 474 (Blumenfield) – California is in its third straight year of drought. This creative bill will harness market forces by increasing water conservation by residential, commercial, agricultural and industrial property owners by authorizing cities, counties, water districts and municipal utilities to offer up-front financing to property owners who wish to install water conservation systems. It is a rare bill supported by the Sierra Club and the Chamber of Commerce.

AB 494 (Caballero) – Allows farmers who wish to build housing for farm workers on land zoned for agriculture, to change the zoning, and be able to build housing while retaining the agricultural integrity of the property.

AB 524 (Bass) – To curtail the potentially harmful situations and other problems created by out of control paparazzi, AB 524 extends the “invasion of privacy” laws to persons that purchase, publish, and print images or recordings of individuals, if these persons knew that the images or recordings were obtained illegally.

AB 530 (Krekorian) – This measure continues to provide local law enforcement an important tool in freeing our neighborhoods of violent drug and gang activity. AB 530 reauthorizes two pilot programs allowing city attorneys and prosecutors in participating cities (Long Beach, Los Angeles, Oakland, Palmdale, Sacramento, and San Diego) to bring eviction proceedings in the name of the people against a tenant for unlawful activities regarding controlled substances, firearms, and ammunition. This statute assists landlords who are intimidated from bringing eviction proceedings against tenants engaged in drug-related crimes and illegal possession of weapons or ammunition on the premises. This measure also protects other tenants living in the same apartment complex or the neighborhood who have been forced to tolerate criminal behavior or move away from their homes.

AB 532 (Lieu) – Will protect victims of domestic violence, their families and our communities from potential gun-related danger. The bill will allow law enforcement officers to obtain a warrant to seize firearms or deadly weapons that remain inside a house after a domestic violence or mental health incident.

SB 598 will give a repeat DUI offender the opportunity to apply for a restricted driver license with an ignition interlock device placed on their vehicle.

AB 626 (Eng) – Required that no less than 10% of the $139 million appropriated from prop 84 for IRWMP to fund projects that provide direct benefits to disadvantaged communities. However, there was some confusion in the Department of Water Resources on whether they can award the entire 10 percent for disadvantaged communities across every hydrological region. Disadvantaged communities around the state struggle to meet basic water related public health functions including supplying safe drinking water to their communities and maintaining basic wastewater infrastructure. AB 626 makes it clear that disadvantaged communities in each region of the state receive this minimum investment.

AB 636 (Jones) – Increases penalties for charter bus companies and drivers for failure to comply with safety and licensing regulations. Introduced after last year’s tragic Colusa bus crash that took the lives of several residents of Jones’ Sacramento district, the new law permanently rescinds the operating permit of a bus company if it is found operating without a permit or on a suspended license, knowingly hires an unlicensed bus driver, or fails to register its buses with the Department of Motor Vehicles. The law also suspends unlicensed bus drivers for a period of 5 years.

AB 637 (Hill) – Requires the California Public Employees’ Retirement System contracting agencies to use Electronic Funds Transfer for payments which will reduce paper transactions and lead to cost savings worth hundreds of thousands of dollars per year.

AB 647 (Yamada) – Requires California’s Department of Motor Vehicles to comply with federal law and allow consumer access to the National Motor Vehicle Title Information System (NMVTIS). Established under the Anti-Car Theft Act of 1992, NMVTIS is an electronic vehicle-history database maintained by the Department of Justice that enables states, law enforcement agencies, and consumers to verify and exchange auto titling, theft and brand data.

AB 669 (Fong) – Removes barriers for foster youth to attend California community colleges. Specifically, the bill gives current and former foster your residency status, in order to avoid paying higher tuition fees.

AB 671 (Krekorian) – The California Golden Shield Act, establishes an official California State honorific that pays tribute to our peace officers, firefighters and other public safety officers who sacrifice their lives for the safety of Californians. This statute requires that the Governor present the California Golden Shield, on behalf of the State of California, to the families of the fallen public safety officers killed in the line of duty.

AB 672 (Bass) – Allows local transportation agencies with approved Prop 1B projects to expend their own funds to move the projects along and be eligible to be reimbursed from Prop 1B bond funds.

AB 688 (Eng) – Seeks to protect victims of domestic violence from re-victimization by clarifying that a person charged with a misdemeanor domestic violence may not be released on their own recognizance until they first appear before a judge or commissioner. Currently, there are discrepancies in state law that potentially allow for the release of a person charged without ever appearing before a judge or commissioner. If this bill is vetoed, the existing inconsistencies in state law will continue to endanger people’s lives by potentially permitting some perpetrators to go back into the community without the proper screening of a judge or commissioner.

AB 708 (Huffman) – The illegal poaching of fish and wildlife poses a serious threat to California’s wildlife species and biodiversity. Poaching cases are on the rise and California is particularly impacted because the current fines and penalties have proved insufficient to serve as an effective deterrent. AB 708 will establish minimum mandatory fines and increased revenue to local prosecutors to prosecute the egregious poaching of fish and wildlife in order to provide a serious deterrent to this illegal activity.

AB 719 (Lowenthal) – Provides one year of federally-funded food stamps to foster children who “age-out” of the system at 18. In addition to providing needed benefits to these at-risk youth, the program will also bring federal funds to give needed economic stimulus effect at the local and state level: Every $10 in new Food Stamp benefits generates $18.40 in economic activity, which results in more funds to the state General Fund.

SB 748 would provide that no person, state or local public agency, or private entity shall post the home address, the telephone number, or personal identifying information that discloses the location of any witness or witness family member participating in the Witness Relocation and Assistance Program (WRAP) with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that witness or witness’ family member.

AB 750 (Bass) – Provides Superior Courts the ability to operate deferred entry of judgment (DEJ) reentry programs in lieu of jail time for low-level, non-violent offenders. AB 750 is modeled after a program ” Back on Track” developed by the City of San Francisco. The year-long program requires participation in workforce training, educational training, drug counseling, and has a proven track record of reducing recidivism among its participation.

AB 758 (Bass/Skinner) – Establishes a comprehensive statewide program to improve the energy efficiency of the state’s existing residential and commercial building stock. Such a program will include energy audits, financing options, public outreach efforts, and workforce training. AB 758 will produce a significant return on investment — reducing greenhouse gas emissions and decreasing energy consumption.

AB 856 (Caballero) – Protects consumers who buy organic produce from California, and protects the integrity of California’s organic farmers by increasing the authority of the California Department of Agriculture to regulate manufactures of organic fertilizers.

AB 890 (J. Perez) – City of Maywood Safe Drinking Water Act — this law directs the water providers within the City of Maywood to develop an action plan to improve the water delivery infrastructure and reduce contaminant levels in the water, and includes several provisions to force the water providers to operate with more transparency and responsiveness to community concerns about the water quality.

AB 906 (Hill) – Helps local governments take advantage of existing energy efficiency programs without violating state laws that prohibit economic conflicts of interest. (Effective upon signature by Governor)

AB 951 (Lieu) – Increases penalties on negligent and unscrupulous charter bus companies that jeopardize passengers’ lives by violating safety standards. This bill was introduced in response to a tragic bus crash that occurred last year in Colusa which killed 11 and injured 40 passengers.

AB 952 (Krekorian) – This new statute allows Taft-Hartley trusts (health plans governed by the federal Department of Labor) to administer benefits for their enrollees in an efficient manner. AB 952 seeks to provide a remedy for Taft-Hartley plan administrators and allow them to work better in California. A new provision will be made in the Confidentiality of Medical Information Act to allow protected health information necessary for the administration of health benefits for Taft-Hartley enrollees, while maintaining the more rigorous privacy benefits provided by California law.

AB 962 requires gun sellers to record sales of ammunition, and requires the fingerprinting and identification of the purchaser.

AB 975 (Fong) – Encourages water conservation by requiring private water corporations to install water meters.

AB 992 (Lieu) – Addresses a spike in property tax reassessment scams resulting from the rapid decline of housing prices over the past few years. The bill prohibits the collection of advance or late fees for property tax reduction services and requires written authorization from the property owner before any reassessment requests are filed.

AB 1031 (Blumenfield) – California colleges have suffered severe budget cuts and must reduce their costs. Yet they cannot get credit on their utility bills for renewable energy they generate, unless the electricity is used in the same structure where it is generated. This bill requires utility companies to give credit to state colleges and universities for all power they generate on campus.

AB 1070 (Hill) – Increases the Medical Board of California’s ability to protect health care consumers by clarifying their ability to enforce proper reporting, licensing and regulation of physicians and surgeons.

AB 1083 (J. Perez) – Health Facilities: Security Plans – this law requires hospitals to annually review and update the security and safety plans to help ensure patients and workers do not become victims of violence.

AB 1093 (Yamada) – “Taneka’s Law” clarifies that a workers’ comp claim can not be denied based solely on a personal characteristic of the victim and a third party’s hatred of that characteristic such as race, religion, or gender.

AB 1130 (Solorio) – This bill revises the school accountability system to include a growth measurement of the academic performance index (API) that increases the validity and accuracy of academic progress of the same students over time, an important step toward comprehensive academic achievement measures.

AB 1160 (Fong) – Protects non-English speaking consumers from mortgage fraud by requiring mortgage lenders to provide a written translated summary of the mortgage contract.

AB 1196 (Blumenfield) – California is expected to receive more than $50 billion in federal stimulus funds in the next 2 years, 7% of which is predicted to be lost to fraud by government contractors. This legislation will strengthen and expand the “false claims” law, which enables private citizens to report intentional fraud by a contractor, and if the claim is true, reap a significant portion of the damages awarded by a court. Without Bob’s bill, billions of state dollars would not be protected by against fraud, including CalPERS, CalSTRS, UC funds and government subcontractors.

AB 1217 (Monning) – Requires the Ocean Protection Council to develop and implement a voluntary sustainable seafood promotion program.

AB 1319 (Krekorian) – A comprehensive consumer protection bill to stop abusive and deceptive practices in the entertainment, talent, and modeling industries that sets guidelines under which legitimate businesses can operate, alerting consumers to dishonest business practices and by providing law enforcement with the tools necessary for investigation and prosecution. AB 1319 does not affect legitimate talent agents or talent managers who earn money strictly through commissions and do not charge their clients advance fees. This new law ensures that talent listing services are providing accurate information to clients, requires that talent services maintain records and supporting proof and documentation and updates and revises consumer protection statutes created a decade ago. This law is strongly supported by a broad coalition of law enforcement, labor, industry leaders, and consumer protection organizations.

AB 1390 (Blumenfield) – Keeping children safe at school must be a top priority. Nationwide, 357,000 students are expelled or suspended for gun and other incidents annually. Many of these events are not reported to local law enforcement, depriving police of information that helps them track gang violence and take preventive action. This bill will close this loophole by requiring school personnel to report serious campus crimes to local police.

AB 1398 (Blumenfield) – California is the birthplace of the high tech industry, yet current law still contains a prohibition on school districts’ spending funds to purchase digital textbooks. This bill will remove this prohibition. This prohibition has meant that students have unnecessary back strain and health issues, that many students have access to only old and out of date textbooks and almost all students are missing out on the learning potential of interactive learning made possible in today’s information age.

AB 1422 (Bass) – Due to the state’s fiscal crisis, and the resulting General Fund reductions, the Managed Risk Medical Insurance Board (MRMIB) requires approximately $196M to support the Healthy Families program. AB 1422 extends the 2.35% gross premiums tax to Medi-Cal managed care plans until January 1, 2011. Extension of this tax will generate approximately $157M, which in turn will generate approximately $97M in additional federal matching funds for the Healthy Families Program. AB 1422 ensures the solvency of the Healthy Families program and that it will not have to disenroll almost 600,000 children. (Effective upon signature by Governor)

AB 1465 (Hill) – Helps California meet its drought and water shortage challenges by ensuring that urban water suppliers that are members of the California Urban Water Conservation Council are in compliance with the Urban Water Management Planning Act.

AB 1494 (Eng) – This bill strengthens the state’s open government meeting laws by preventing a member of a state board or agency from holding individual meetings with a majority of members behind close doors to work out an agreement on an agenda issue before that board or agency.

California Personal Injury Attorney Norman Gregory Fernandez

You will be the only one getting screwed with tort reform; mark my words.

 I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009

The accident occurred about 6:30 p.m. east of Toland Road when Alex Rojas, 26, of Santa Clarita lost control of the sport utility vehicle he was driving while attempting to pass the vehicle in front of him by moving into another lane, the California Highway Patrol said.

Because of unsafe speed and the rain-slicked roadway, Rojas could not maintain control and drifted back into the other lane, striking the vehicle he had just passed, officers said. That sent his vehicle spinning across the center median and into the eastbound lane, where it was broadsided by a truck driven by Maria Troncoso, 29, of Oxnard as she attempted to brake to avoid the collision, authorities said.

Rojas’ passenger, Diana Gutierrez, 22, of Palmdale, was ejected from the vehicle, the CHP said. Gutierrez was not wearing a seat belt and suffered major injuries, including a collapsed lung and lacerated spleen.

Troncoso also suffered major injuries, as did a 9-year-old boy riding in her vehicle and a 2-year-old boy riding in Rojas’ vehicle. Troncoso’s injuries were described as a broken leg and chest pain, while the 9-year-old boy, Angel Troncoso, sustained internal injuries and a facial fracture.

The 2-year-old boy riding in Rojas’ vehicle, Jaden Rojas, sustained a broken right leg and a facial fracture.

Both of the seriously injured children were transferred from hospitals in Ventura to major medical centers in Los Angeles. Nursing supervisors said Angel was transferred from Community Memorial Hospital to UCLA and Jaden from Ventura County Medical Center to Childrens Hospital, but no information on their conditions could be obtained Sunday night.

Gutierrez was listed in stable condition at Ventura County Medical Center Sunday evening. Maria Troncoso was treated and released from Community Memorial, a nursing supervisor said.

Others sustained moderate or minor injuries and were treated at local hospitals. Four others were uninjured. The accident is under investigation.

If you were injured in this accident or know of a relative who was injured, you may call my law firm for a free consultation at 800-816-1529 x.1.

Ventura County Car Accident Attorney and Lawyer Website

This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even though they are breaking State law by driving without a license and presumably also breaking State law by not having the required mandatory minimum liability insurance to protect others in case they hit them in their vehicles.

As a personal injury attorney and lawyer my only thought is what the heck? What about law abiding citizens and legal immigrants who follow State law and have a valid drivers license, and also carry mandatory insurance?

This new policy is absurd and an accident waiting to happen. As a matter of fact this new policy may violate State and Federal law to boot.

Look, I am all for protecting law abiding people, but by definition, those driving without a driver’s license are not law abiding are they? Hell, the protected class of citizens that Mayor Gavin Newsom is trying to protect are in fact breaking our laws by being here illegally in the first place.

I think that if someone is hit by an unlicensed and uninsured driver in San Francisco, the city of San Francisco should now be held liable for inviting this type of law breaker into their city by advertising the fact that they are not enforcing State law. It is reasonably foreseeable that law breakers will flock to San Francisco to take advantage.

What about the victims of this policy. Hell, I deal with personal injury victims on a daily basis, especially those that are hit by uninsured and illegal drivers. In the end we all pay for those that choose not to drive with insurance through increased insurance rates.

Furthermore, I do not think that it is wise to allow a major city like San Francisco to pick and choose which State laws it chooses to abide by or enforce.

This new policy is a disaster in the making. Mayor Gavin Newsom, you need to pull your head out of your ass and jump on the team here for the big win. You are endangering legal citizens and legal residents in order to protect those who are breaking the Law!

By California Personal Injury Attorney, Norman Gregory Fernandez, Esq., © 2009

A 42-year-old woman from La Mesa was crushed to death by a bus while riding on the back of a motorcycle on a steep, winding grade just northeast of the Tecate border crossing with Mexico on the California side in Tecate, California.

Debra Louise Allen, 42, of La Mesa, was on the back of a 2003 Harley Davidson motorcycle at about 10 a.m. Saturday when the crash occurred on Highway 94 just east of the Tecate junction, according to a report by the medical examiner.

The motorcycle was passing the bus on the winding hill and hit it while moving back into the lane, said a California Highway Patrol dispatcher.

Allen was run over and crushed, and the driver of the motorcycle was pushed to the side of the road. His name was withheld, and the CHP did not have the extent of the driver’s injuries.

The bus was operated by a private charter company and was transporting people detained by federal immigration agents. The bus driver told CHP officers the motorcycle’s driver had cut him off.

California Motorcycle Rider, and Passenger, Accident and Wrongful Death Attorney and Lawyer