The National Law Journal's L.A. Legal Pad

Cal Supremes order 'Jessica's Law' under closer scrutiny

The California Supreme Court ruled yesterday that a 2006 proposition known as "Jessica's Law" may violate constitutional guarantees of equal protection by indefinitely holding sexually violent predators in prison.

The court said a fact-finding hearing must be held to determine whether valid reasons exist for treating sex predators differently from others subject to civil confinement, such as mentally disordered offenders. The case was sent back to San Diego for such a hearing.

The ruling came in the case of Richard McKee, who had been convicted of committing lewd acts on two girls under 11. He challenged his confinement on several constitutional grounds, but the court found that only his equal protection argument had merit.

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Injunction signed against Garden Grove street gang

Orange County Superior Court signed a permanent injunction against the Hard Times street gang in Garden Grove.  The District Attorney's office said this was the first such injunction in Orange County to name a gang as a defendant, as opposed to merely naming gang members. 

Gang members are prevented from standing, sitting, walking, driving, bicycling, gathering or congregating anywhere in public unless they are in school or a church.

Officials say the injunction was the result of escalating gang activity area east of Newhope Street, west of the Santa Ana Flood Channel, south of Chapman Avenue and north of West First Street. Last year, the ACLU filed a class action lawsuit against the Orange County District Attorney and the Orange Police Department, claiming they issued a gang injunction against individuals without offering those individuals due process. The ACLU's request to block that injunction was denied by a federal judge.

Full story at OCRegister.com.

Indie band article in Rolling Stone not 'transformed' by proximity to cigarette ads, rules Cal appeals

A unanimous three-justice panel at California's 1st District Court of Appeal dismissed a suit brought by a class of indie rockers that claimed the layout of a story featuring them in Rolling Stone made it look like the bands endorsed cigarettes.

The editorial piece "Indie Rock Universe," which ran in the November 2007 issue, was ensconced in four pages of ads featuring photographic collages that touted Camel cigarettes and the brand's support of independent record labels. The bands sued, and Alameda County Superior Court Judge Bonnie Sabraw denied Rolling Stone 's motion to strike the suit because a trier of fact could conclude that the feature had been "transformed" into commercial speech by its proximity to the Camel ads.

But the appellate panel disagreed, saying there was no evidence that R.J. Reynolds and Co., Camel's parent company, had influenced the magazine's editorial decisions. "Simply put, there is no legal precedent for converting noncommercial speech into commercial speech merely based on its proximity to the latter," Justice Robert Dondero wrote.

Full story at The Recorder.

Pot initiative gets the signatures

Backers of the California Cannabis Initiative submitted its petitions yesterday to qualify for November's statewide ballot.  According to a press release, the initiative received approximately 700,000 signatures, with names from every one of California's 58 counties.

The initiative will give local governments the ability to tax and regulate the sale of small amounts of marijuana to adults age 21 and older. It will also increase penalties for providing marijuana to minors, as well as banning possession on school grounds and forbidding the smoking of the drug while minors are present.

According to local attorney and medical marijuana activist Greg Allen, the initiative leaves it up to the Legislature to form a statewide regulatory system for a commercial marijuana industry, which could take years. As a result, no one is holding their breath for legalization come November.

Full story here.

Parole hearing for infamous 'Onion Field' killer

Gregory Powell, the gunman in the infamous "Onion Field" police killing, is up for parole today.  He is 75 years old.

Powell was convicted of the March 1963 kidnapping and execution of LAPD Officer Ian Campbell, famously documented in Joseph Wambaugh's best-seller "The Onion Field."  He had originally received the death penalty for the crime, but the sentence was later commuted to life in prison with the possibility of parole during a brief time when the state outlawed capital punishment.

The Los Angeles Police Department, District Attorney Steve Cooley, and other law enforcement officials and organizations insist that Powell should stay behind bars.

Full story at LATimes.com.

$22M for 29 class action lawsuits, agrees Ameriquest

Ameriquest has agreed to settle 29 class-action lawsuits alleging predatory lending. The group of subprime lenders has pledged $22 million to repay aggrieved borrowers and their lawyers.

The agreement potentially affects 712,000 borrowers and covers loans as far back as Dec. 14, 2001. It sorts claims into five categories, including hefty upfront charges, interest rates that were higher than promised by nine-tenths of a percentage point or more, and loans with variable rates when fixed rates were promised. Payments will vary depending on the strengths and potential damages of each claim.

Ameriquest, based in Orange County, was once the nation's largest subprime lender before the mortgage meltdown hit. 

Full story at LATimes.com.

Prosecution witness in Alcala trial certain of defendant/lawyer's guilt

There was some dramatic testimony yesterday in the Alcala case. 

Jackie Young, formerly of Huntington Beach, told Deputy District Attorney Matt Murphy that she had seen Alcala at the beach shooting photos of two 12-year-old girls, one of whom was Robin Samsoe.  Murphy contends that Alcala abducted Samsoe shortly after their encounter and murdered her.  Her body was found 12 days later in the foothills above Los Angeles.

Young had assisted a police sketch artist with a detailed description, which led to Alcala's arrest in 1979.

Alcala, who is defending himself, cross-examined Young, whose contempt and anger were plain in her answers.  At one point Young exclaimed, "It was you! You were weird."  She further testified, "There's not a day that goes by that I don't have a flash about you and those girls."

The trial resumes on Monday when Alcala is expected to deliver his opening statement.

Full story at OCRegister.com.

New team leader at Dykema

Dykema has announced that J. Kevin Snyder has been appointed team leader of the firm’s Class Action Defense Team in Los Angeles.

Snyder's practice focuses on complex business and intellectual property litigation in state and federal courts. He has represented a wide variety of clients in retail, manufacturing, real estate development, outdoor advertising, media, technology, internet, medical devices, consumer financial services, banking, insurance, construction, and service industries.

A resident of Manhattan Beach, California, Mr. Snyder received a B.A., cum laude, and a J.D. from the University of Southern California.

LA passes medical marijuana ordinance

The Los Angeles City Council today finally approved an ordinance that will cap the number of medical marijuana dispensaries at 70, close more than 500 that have opened since the Council began debating the ordinance, and strictly regulate the location and operation of the dispensaries that are allowed.

The ordinance promises to make an exception to allow all those dispensaries that registered with the city in 2007 and have remained open. City officials believe that number is around 150.

The ordinance requires a 1,000 foot buffer between the stores and schools, churches and rehab centers. It also limits hours of operation from 10 AM to 8 PM, and requires operators to have a clean, 10-year criminal record, as well as mandating one dispensary per operator.  Dispensaries also cannot act on a for-profit basis, and all money must go towards actual expenses related to the "growth, cultivation and provision of medical marijuana."

The measure passed quickly, without debate. Groups including the Los Angeles Collective Association and attorney Bruce Margolin told LA Weekly that they would present challenges in court.

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Kelly increases attack on Toyota

Michael Kelly, managing partner of Los Angeles-based Kirtland & Packard, now has two lawsuits pending against Toyota Motor Sales USA Inc.

The first suit was filed on November 17th in Los Angeles federal court representing two Southern California customers, one of whom has experienced "sudden, unexpected acceleration" of his Lexus, according to the complaint. The second is a class action on behalf of Toyota customers filed on January 22nd in light of the carmaker's recent recall of 2.3 million vehicles due to sticking accelerator pedals.

Both suits allege violations of California's Consumers Legal Remedies Act and California's Unfair Competition Law, as well as false advertising, breach of implied warranty and negligence. Kelly said that the allegations address Toyota's misrepresentations to consumers. Both cases seek damages on behalf of a class of thousands of consumers nationwide and in California who own a Toyota vehicle with an electronic throttle control system.

Full story at NLJ.com.