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  In San Diego County, California:

Attorney Shana J. Black
Attorney Michael B. Black

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  Local Legal News



Fire Victims Sue
SAN DIEGO Two families who lost their homes during last month's wildfires have filed lawsuits against San Diego Gas & Electric Co. accusing the utility of negligence for failing to clear vegetation around its power lines. The lawsuits filed Tuesday in Superior Court seek to have the cases certified as class-action on behalf of any residents who were killed, injured or had their property damaged or destroyed in the Witch Creek and Rice Canyon fires. Fire officials have said the Rice Canyon Fire was caused by a downed power line. It destroyed 206 homes and burned 9,500 acres. They also believe the Witch Creek blaze, which scorched more than 197,000 acres and destroyed 1,125 homes, was sparked by arcing power lines. Plaintiffs' attorney Todd Macaluso said the fires were the result of the utility's negligence and failure to keep the area around the power lines clear. SDG&E said in a statement it followed state and federal regulations governing how its power-line system should be maintained and added it can't control severe weather conditions.

Storefront Sting in San Diego
A storefront sting busted a South Bay auto theft ring believed to be the largest in San Diego County and possibly in the state, authorities said today. The yearlong undercover sting, dubbed "Operation Southside Blitz," culminated with 73 arrests and the recovery of 160 vehicles worth $1.9 million. Drugs and 12 firearms were also confiscated, authorities said. The defendants face between three years and 152 years to life in prison if convicted, said District Attorney Bonnie Dumanis. Undercover detectives infiltrated a ring of career auto thieves, then set up a storefront in Chula Vista where the criminals could sell their stolen goods, said Capt. Lisa Wrobel of the California Highway Patrol and commander of the multi-agency San Diego County Regional Auto Theft Task Force. Wrobel said the storefront, in an industrial part of the city, had criminals lined up "almost like a drive-thru." The captain said officers made the warehouse look like "we were dealing in stolen parts." Chula Vista police Chief Rick Emerson said if one can buy a new vehicle for $400 to $600, "there has to be something wrong." In one case, undercover officers paid $2,000 for a $53,000 car, said prosecutor Michael MacNeil. He said some cars -- especially high-end vehicles -- were stolen because people simply left the keys inside. MacNeil said the thieves also sold weapons and drugs, mostly methamphetamine. "Auto thieves are not one-trick ponies," the prosecutor said. "A lot of them know each other." All of the stolen cars have been returned to their owners, except for one recovered yesterday, Wrobel said. Dumanis said auto theft is becoming an increasing problem in San Diego County, in part because of the region's proximity to Mexico. "So it is huge," Dumanis said of the crackdown. Emerson said about 24,000 cars are stolen in San Diego County each year, compared to 250,000 statewide. Nationally, about 66 percent of stolen vehicles are recovered, Emerson said.

TV legend arrested on DUI accident
TV legend host and actor Gary Collins was arrested last night on suspicion of driving under the influence following a car accident. The 69-year-old’s Ford Explorer slammed into a Toyota going 60 mph around 5:30 p.m. yesterday in Sherman Oaks, California. The accident caused Collins to lose control of the Explorer and skid into oncoming traffic. His SUV then crashed into two parked cars on the opposite side of the street. The 89-year-old man driving the Toyota was rendered unconscious. Paramedics had to pull the man out of the rear passenger door. He was taken to a nearby hospital where he is being treated for unspecified injuries. Collins was uninjured, and reportedly tried to walk away from the accident. Onlookers warned the TV host he could be charged with hit-and-run if he left the scene...

Spears Avoids Hit-And-Run Trial
LOS ANGELES -- Hit and run ... then pay as you go. Britney Spears is no longer facing hit-and-run charges since she paid off the other car's driver in the fender-bender, but she still has to deal with one count of driving without a license, a judge ruled Thursday. Britney Spears has regained temporary visitation rights of her sons, her attorney said Sunday, Oct. 21, 2007. Spears was spotted driving with the boys, Preston, 2, and Jayden James, 1, on Saturday in the San Fernando Valley, People magazine reported on its Web site. Britney Spears has regained temporary visitation rights of her sons, her attorney said Sunday, Oct. 21, 2007. Spears was not required to attend the hearing on the misdemeanor charges stemming from an Aug. 6 parking lot mishap. Superior Court Judge Susan Speer dismissed the hit-and-run charge after a lawyer for the pop star said his client had paid an undisclosed amount to a woman whose car was hit in a Studio City parking lot. A charge of driving without a license was not dismissed and a pretrial hearing was scheduled for Nov. 26. Speer accepted a not guilty plea entered on Spears' behalf by lawyer Michael Flanagan to that charge...

Plaintiffs Suing US Tribes
The collision jolted Gary Filer awake in the back seat. A second impact brought his minivan crashing to a halt against a highway barrier. Mr. Filer lay partially on the road, his legs trapped in the wreckage, listening to the whine of his dog Sadie. "She worked her way out and crawled over and lay on my lap," he remembers. The driver had been drinking heavily at a tribal casino six miles away...


Trucker Charged In Fatal Crash
LAGUNA NIGUEL, Calif. -- At the request of prosecutors, a judge on Thursday revoked the commercial driver's license of a trucker charged with three misdemeanor vehicular manslaughter counts stemming from a crash that killed three children. Jorge Romero made his first appearance in a Laguna Niguel courtroom in connection with the charges stemming from the May 4 crash on the San Diego (5) Freeway near Oso Parkway that killed 5-year-old Kyle Coble and his sisters, Emma, 4, and Katie, 2. Prosecutors asked Orange County Superior Court Judge David Chaffee to revoke Romero's license to drive a truck pending resolution of the case in exchange for allowing him to remain free on his own recognizance, said Susan Schroeder of the Orange County District Attorney's Office. Defense attorney Andrew Roth did not oppose the request, calling it "reasonable." Roth said his client, a 37-year-old Apple Valley resident, has not driven a commercial vehicle since the accident. "He never intends to," the lawyer said. "He's even sold his personal car and hardly ever drives at all. He's haunted by the accident."...

City attorney plans to take action
Proposed legal action by the Long Beach city attorney's office is expected to ignite a new battle in the ongoing war over medical marijuana. Police have identified 11 locations in Long Beach where medical marijuana is sold to patients by dispensaries, which, according to the city attorney's office, are operating illegally. City records obtained by the Press-Telegram show none of the 11 locations has been issued a business license or permit to operate as a dispensary in Long Beach. Of the 11 locations, four have licenses for unrelated businesses - including a barber and beauty shop, retail clothing store, industrial space and real estate. The remaining locations have no license or permit...

Sex-Tape Suspect Could Be Hiding in San Diego
Investigators interviewed people with connections to a fugitive accused of videotaping himself raping a little girl, hoping to find a suspect they describe as a violent survivalist who always carries a weapon. The FBI and Las Vegas police pressed a nationwide manhunt for Chester "Chet" Arthur Stiles, 37, who authorities say molested a 3-year-old girl in a mysterious video that was recorded four years ago and surfaced last month...

Lawmakers ignore city charter recommendations
SAN DIEGO – It took 51 meetings for a group of volunteers to draft 11 recommendations for the June ballot to improve San Diego city government – and a single meeting yesterday for a City Council committee to shrug off most of them. Council members said they preferred to slow down and scale back an effort to rewrite San Diego's City Charter next year, despite Mayor Jerry Sanders' desire to push ahead on a package of proposals with some changes.

Oceanside police K-9 officers sue city
SAN DIEGO -- For the second time this year, a group of Oceanside police officers who are or have been canine handlers have filed a lawsuit against the city, alleging they were underpaid for time they spent on job-related activities. In the latest case, six police officers allege the off-duty time they spent caring for the police dogs and maintaining their vehicles is time for which they should have been paid but were not fully compensated. Filed Friday in the San Diego Superior Court, the lawsuit alleges the city has violated multiple sections of state labor laws and asks for an unspecified amount of money for the officers. The same officers raised similar allegations in a federal lawsuit filed in April accusing the city of violating the federal Fair Labor Standards Act. City Attorney John Mullen said Wednesday afternoon that the city believes the state labor code sections at issue do not apply to the city. Nevertheless, the officers are paid fairly for the time they spend training the dogs outside their regular work days, Mullen said. The new Superior Court lawsuit and the federal lawsuit allege that activities for which police officer canine handlers are responsible while off duty include inspecting, bathing, exercising, feeding and training the dogs at home. The handlers also spend time giving the dogs medicine or taking them to veterinary appointments, the lawsuits allege...

Murder charges dropped in University City killing
SAN DIEGO – Prosecutors dropped all charges Wednesday against a former University City couple accused of fatally shooting a neighbor's ex-boyfriend, who was suspected of violating a restraining order. William and Nicole Porter were charged with murder and assault in the death of Larry Kermit King, 47. King was shot Aug. 3 during a confrontation at an apartment complex on Avenida Navidad near Genesee Avenue. William Porter, 23, who served three tours in Iraq with the Marine Corps, was charged with second-degree murder and a gun-use allegation. If convicted, he could have been sentenced to 40 years to life in prison. His wife, Nicole, a 22-year-old sales representative for a laboratory supply company, was accused of assault with a semi-automatic firearm. If convicted, she could have been sent to prison for up to 19 years. During a brief hearing Wednesday in San Diego Superior Court, prosecutors asked a judge to dismiss the charges, based on a follow-up investigation by the District Attorney's Office. “As a result of this investigation we do not believe these charges can be proven beyond a reasonable doubt,” said Deputy District Attorney Elizabeth McClutchey. “and therefore we believe that the right thing to do is dismiss the charges.”...

Marine on trial doing job toughening up recruits, lawyer says
SAN DIEGO – Did a Marine Corps drill instructor toughen up recruits for war or did he overstep his authority and abuse and bully those he was supposed to help? Two different accounts emerged during the first day of trial where Sgt. Jerrod M. Glass faces court-martial for his actions while at the Marine Corps Recruit Depot near downtown San Diego. More than 70 witnesses are scheduled to be called in the case, which is expected to last about two weeks. Defense attorneys argued during opening statements that Glass was told by other drill instructors that recruits needed to be prepared for combat, even if getting them ready meant violating military policies. "His job was not to be nice but to instill discipline and toughness," said defense attorney Capt. Patrick J. Callahan. Prosecutors disputed Callahan's account, telling jurors that Glass abused an entire 40-member platoon during training last winter, from dumping water canteens over their heads and destroying their hygiene kits to hitting recruits with flashlights and tent poles. "He continued to torment and bully the recruits of that platoon for two months, not just one or two recruits, but nearly every member," said Capt. Christian Pappas, a military prosecutor, who listed a litany of injuries suffered by recruits, from black eyes to bruises and bloody scalps. Glass, 25, pleaded not guilty to charges of abuse and violating lawful orders after prosecutors consolidated the 225 counts he initially faced into just 10. He is being tried on two counts of assault, two counts of failure to obey a lawful order, two counts of cruelty and maltreatment and four counts of destruction of personal property, covering 110 incidents that allegedly occurred between Dec. 23 and Feb. 10. He faces up to 11 years' confinement, dishonorable discharge, reduction in rank and forfeit of pay and benefits if he is found guilty. The case will be judged by a jury of three enlisted Marines and three officers. Glass is one of three drill instructors charged in the case. Marine prosecutors say they swerved from their roles as rigid disciplinarians tasked with breaking down recruits before building them back up into troops prepared for the rigors of war. Glass, who volunteered for two tours in Iraq, had worked as a drill sergeant for less than a year when the suspected mistreatment occurred. He was relieved of duty as a drill instructor in February. He joined the Marines in October 2001 and trained as a handler for drug- and bomb-sniffing dogs with the military police. Glass' parents said outside the courtroom that they didn't believe their son acted maliciously...

Aguirre's request for data pulled
SAN DIEGO – San Diego City Attorney Michael Aguirre has withdrawn a public-records request asking public television station KPBS to give him information about its news-programming decisions, certain correspondence with the mayor's office and details about its relationship with Copley Press Inc. Aguirre made the decision after speaking with a First Amendment expert who advised him that his requests were inappropriate for a government official. His decision came on the day The San Diego Union-Tribune, which is owned by Copley Press, ran a story about his efforts to obtain KPBS's internal e-mails, financial statements and other documents. “I don't want to do anything to in any way invade the province of the media, even though it might be warranted in this case,” Aguirre said at a news conference yesterday. Aguirre urged members of the public to file their own public-records requests with KPBS, whose television station is a PBS affiliate and whose radio station is an affiliate of National Public Radio. He said the public needs to know why the station canceled its public-affairs TV show “Full Focus,” on which Aguirre appeared as a guest 15 times from July 2003 to Aug. 1, when the show ended. He opened the investigation three weeks after the cancellation. Aguirre also said the public needs to know about the station's financial relationship with the Union-Tribune and Copley Press. He accused the newspaper and its editorial-page editor, Robert Kittle, of having undue influence on KPBS and said he wanted to uncover “the role that the very conservative establishment newspaper plays in whether we have a fair public broadcast system.” Doug Myrland, KPBS's general manager, denied that the Union-Tribune or Kittle play a role in the station's decisions, calling Aguirre's accusations “a fantasy.” “I think that's both outrageous and insulting,” Myrland said. “It's insulting to all the journalists who work in both organizations.” Kittle, a regular guest on the KPBS public-affairs radio show “Editors Roundtable,” also denied the accusations. “I control no programming at KPBS,” Kittle said. “To suggest otherwise is truly absurd.” The Copley family and its foundation donated $2 million to help build KPBS's station, which opened in 1995. Within the last year or so, the newspaper's Web site, Signonsandiego, has paid KPBS $29,250 to be listed among the dozens of corporate sponsors who support KPBS's radio station, KPBS spokeswoman Nancy Worlie said. KPBS and the Web site also gave each other $48,000 worth of free advertising this year, Worlie said. From Aug. 24 to Oct. 31, Aguirre sent KPBS four letters citing the state's Public Records Act and asking for numerous e-mails and other internal documents. Among other things, he demanded information on how the station chooses guests for “Editors Roundtable” and how it decided to cancel “Full Focus.” In his latest letter, he asked for any “communication” between the station's journalists and the mayor's office regarding a June “Full Focus” program about wildfires. The station, which is affiliated with San Diego State University, gets its money from the university, corporate donations, fundraisers and grants from the federally funded Corporation for Public Broadcasting, among other places. Peter Scheer, executive director of the California First Amendment Coalition, said he spoke with Aguirre yesterday morning and discussed the “free speech concerns” raised by Aguirre's conduct as a public official. “He's going to express his views about this but he's not going to be using the powers of his office” to pursue the information, Scheer said...

San Diego utility sued for alleged negligence
SAN DIEGO (AP) - Two families who lost their homes during last month's wildfires have filed lawsuits against San Diego Gas & Electric Co. accusing the utility of negligence for failing to clear vegetation around its power lines. The lawsuits filed yesterday in Superior Court seek to have the cases certified as class-action on behalf of any residents who were killed, injured or had their property damaged or destroyed in the Witch Creek and Rice Canyon fires. Fire officials have said the Rice Canyon Fire was caused by a downed power line. It destroyed 206 homes and burned 9,500 acres. They also believe the Witch Creek blaze, which scorched more than 197,000 acres and destroyed 1,125 homes, was sparked by arcing power lines. Plaintiffs' attorney Todd Macaluso said the fires were the result of the utility's negligence and failure to keep the area around the power lines clear. SDG&E said in a statement it followed state and federal regulations governing how its power-line system should be maintained and added it can't control severe weather conditions...

Guilty In DUI Crash
SAN DIEGO -- A father who drove drunk and left the scene of a freeway crash that killed his 9-year-old son this summer pleaded guilty Tuesday to gross vehicular manslaughter while intoxicated and felony child endangerment. Marcos Munoz, 33, also admitted an allegation of leaving the scene, Deputy District Attorney Melissa Vasel said. Superior Court Judge David Danielsen will sentence Munoz to 11 years in state prison on Dec. 13. The defendant's brother, Raul, also pleaded guilty to being an accessory after the fact and misdemeanor driving under the influence with a prior conviction. Raul Munoz, 32, will be sentenced to probation and no more than a year in jail on the same date as his brother, Vasel said. Four months ago, Vasel told a different judge that Marcos Munoz was under the influence about 1:40 a.m. on July 14 when he plowed into a stationary car on the shoulder of westbound Interstate 8 near Texas Street. A witness saw a man running from the scene, but the defendant did not call 911, Vasel said. Officers patrolling the area came up the crash site and found Alex Munoz -- a third-grader at Linda Vista Elementary School -- dead in the front passenger seat, Vasel said. Police saw a white pickup truck circling a restaurant parking lot, the prosecutor said. When officers arrived in the defendant's Linda Vista neighborhood, the driver of the white truck accelerated and went down an alley, Vasel said. At that point, the truck was being driven by Raul Munoz, whose blood-alcohol level was 0.19 percent when he was arrested, Vasel said. Marcos Munoz, the front seat passenger in the truck, had a blood-alcohol level of 0.11 percent three hours after the crash, the prosecutor said. Both men lied about where they had been and what they had been doing earlier, with Marcos Munoz saying he was in an accident at work, Vasel said...

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  Areas of Law Practice:

  • Accidents and Injuries
    If you've been in an accident, do not speak to an insurance adjuster without first contacting an attorney to discuss your legal options. Insurance reps many tmes will tell you that the accident was minor and you should not be injured. They might also tell you the accident was too minor for you to be compensated. They will want to speak with you as soon as possible after the accident because they know that generally you will not feel any pain for the first day or two after the car crash. They will want you to give them a recorded statement that you feel fine or are just a little sore.  

    If you or another person has been injured in an accident, first and foremost call for emergency help if anyone is badly injured. An ambulance can usually arrive within minutes with medical personel. Identify the other driver and write down the driver's name and contact information. You should also get the vehicle registration number, driver licence number, auto inurance company and insurance policy number and contact phone. 

    If you have been in an auto accident caused by the reckless driving of another and you or a passenger has been injured, you should consider hiring an attorney. Please call me to discuss  your legal options. Its a free call and there is no obligation.
  • Sexual Harassment
    Harassment may include unwanted sexual advances, promotions based on sexual favors, and can be verbal or physical conduct. Verbal and non-verbal acts including exual advances, incorrect and offensive touching, or making promotions based on sexual favors.
  • Racial Discrimination
    racial attitudes and biases in the workplace;
    - The Civil Rights Act of 1964 expressly forbids racial discrimination in the workplace.
  • Divorce and Restraining Orders
    child custody & visitation, support issues, property division, restraining orders against your "ex";
  • Employment Law
    unpaid overtime, discriminatory hiring practices, wrongful termination.

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