California
Standard Question Becomes Off-Limits in California Stops
A new California law intended to prevent escalation when a law enforcement officer stops a driver prohibits a long-standard question. Officers will now have to immediately tell the driver the reason for the stop, the Hill reports, instead of asking, “Do you know why I pulled you over?” The legislation was approved to combat “pretextual stops,” in which an officer pulls someone over for a possible minor violation with the goal of conducting a search for a less minor problem, such as expired documents. The law, which took effect Monday, applies to stops of pedestrians as well as drivers.
A driver’s answer can shape the conversation with officers, one lawyer said, in a way that increases tensions. “These open-ended inquiries sometimes do reveal a lot of information and result in an escalation of a situation that could have been triggered by something as simple as some equipment defect, a broken taillight, for example,” Dan Eaton told KNSD. The measure provides for skipping the new step if the officers consider it necessary “to protect life or property from imminent threat,” per the Hill. “If they have to tell you why they stopped you, it will be harder for them to stop you for no reason, so I think that’s good, productive and really important,” one driver said. (Read more traffic stop stories.)
California
California man arrested after backpack explosion at Idaho gold mining event
KOOTENAL COUNTY, IDAHO (FOX26) — A man from California was arrested after a backpack exploded at a gold mining event in Idaho.
Kootenai County Deputies responded that hat a backpack exploded during a gold mining event at the Kootenai County Fairgrounds on March 8th.
Deputies learned that two vendors involved in the event had a dispute the day before.
Investigators said the son of one of the vendors approached the other vendor and threw a backpack under the vendor’s table, and that the backpack caught fire and was quickly picked up and thrown outside the building, where it continued to burn.
Deputies, along with assistance from police, identified the man as 21-year-old John P. Marsh of Midpines, California, who was arrested without incident.
No injuries were reported, and the event continued.
Marsh was arrested on charges of arson, aggravated assault, and obstructing a peace officer.
This is an ongoing investigation.
California
California trial attorneys push bills to rein in ‘bad actors’ in legal industry
A group of California trial lawyers is backing a package of bills aimed at policing their industry by ramping up the penalties for attorneys who recruit clients illegally or prioritize the desires of hedge fund investors.
The Consumer Attorneys of California, a prominent trade group, said it is supporting two bills this session meant to crack down on the “small number of bad actors engaged in illegal conduct that threatens to undermine public trust” in the state’s legal bar.
The group said the bills, introduced Monday by Assemblymembers Ash Kalra (D-San José) and Rick Chavez Zbur (D-Los Angeles), were a response to recent Times investigations involving California lawyers. The Times found nine clients within L.A. County’s $4-billion sex-abuse settlement who said they were paid to sue and, in some cases, fabricate claims that became part of the historic payout. Another story examined opaque investor financing arrangements used by some firms.
“We’re not trying to insulate ourselves from accountability,” said Douglas Saeltzer, president of the attorney group, in an interview. “There needs to be consequences.”
The bill introduced by Zbur would disbar any attorney who is convicted of illegally soliciting clients. Kalra’s bill would ban private equity firms and hedge funds from dictating case strategy after giving money to a law firm.
Plaintiff’s attorneys say the legislative push is an attempt to clean up their profession’s image. It comes amid efforts by companies and governments frequently targeted by lawsuits to rein in a barrage of litigation.
Uber is pushing a measure for the November ballot that would limit how much lawyers can collect in fees for car crash cases, encouraging Californians to “stop the billboard lawyer scam.” A coalition of California counties has simultaneously begun circulating language to lawmakers that would limit attorneys’ ability to sue over older sex-abuse cases, pointing to recent allegations of fraud.
Zbur’s legislation, Assembly Bill 2039, would require the State Bar strip the license of any attorney with a felony conviction for a practice known as capping, in which law firms directly solicit or procure clients to sign up for lawsuits. Currently, attorneys convicted of capping can face suspension or probation, but are eligible to keep their license.
Under the bill, the attorney also would be disbarred for a misdemeanor capping conviction if the lawyer “acted knowingly and for financial gain.”
“It really is making very clear that if you’re engaging in this kind of capping, then there’s going to be a consequence,” Zbur said.
All clients who said they were paid to sue L.A. County over sex abuse were represented by Downtown LA Law Group, one of Southern California’s largest personal injury firms. The firm, also known as DTLA, is under investigation by the district attorney, the State Bar and L.A. County.
DTLA has denied any wrongdoing and said its lawyers “operate with unwavering integrity, prioritizing client welfare.”
Zbur’s bill also would provide whistleblower protections to people who report on attorney misconduct and tighten the rules around client loans. California is one of the few states where lawyers can lend money directly to clients.
Other states have barred the practice, concerned that direct loans give an attorney too much leverage over their clients.
The second bill introduced Monday, AB 2305, is aimed at the rising trend of private equity firms and hedge funds lending money to law firms and profiting from the payouts. The Times reported in December that investors were financing some of the flood of sex-abuse litigation against L.A. County.
Supporters of litigation finance say it gives attorneys the funding they need to take on deep-pocketed corporations and represent victims who can’t afford to sue on their own. Critics say investors can secretly sway case strategy, putting their profit before the best interests of a client.
“These Wall Street investors are salivating,” Kalra said. “This is just gonna clearly say, ‘No, no more. We’re not gonna allow these types of investments to influence the practice of law.’”
Kalra’s bill would bar investors from weighing in on litigation, such as who the firm should take on as a client and when they should settle a case. Any contracts that allow investor influence would be void under the law.
It’s unclear how the restrictions would be enforced. It’s often difficult to tell when an investor is financing a firm’s caseload, much less whether they’re exerting influence on a case.
Lawyers already are barred under the State Bar’s rules from allowing a third party to dictate case strategy and are barred in many cases from sharing legal fees with a nonlawyer.
“We’re finding that’s not enough,” Kalra said. “We actually need clear statutory safeguards.”
California
California highway patrol officer charged with murder over crash that killed four
A California highway patrol officer has been charged with second-degree murder for his role in a fatal crash last summer, prosecutors announced on Monday.
Angelo Rodriguez, 24, was charged with second-degree murder after crashing into a civilian vehicle while driving at high speeds in Norwalk, said Los Angeles county district attorney Nathan Hochman at a press conference.
Prosecutors said Rodriguez was driving at least 130mph on duty during the early hours of 20 July, when the crash occurred.
Rodriguez did not have lights or sirens on and had no clear reason for driving so fast, they said.
Rodriguez allegedly collided into the back of 23-year-old Julie Harmori’s Nissan. There were three passengers in the vehicle.
Rodriguez did not provide aid to victims of the initial crash or use his sirens to alert other drivers, prosecutors said. Instead, they said, Rodriguez moved his patrol car to the side of the road and turned off his patrol car’s lights.
Rodriguez then left the scene of the collision shortly after, taking “absolutely no steps” to manage the crash, prosecutors said. Rodriguez later told officials that a California highway patrol vehicle had been involved in a wreck, but failed to mention that he had been driving, CBS News reported.
Minutes after the first crash, a second car crashed into the Nissan, causing it to catch fire. Iris Salmeron, who was reportedly driving at 100mph, was allegedly drunk at the time of the crash, with a blood alcohol content level measured above the legal limit. She has also been charged with second-degree murder.
Rodriguez later returned to the scene to find Harmori’s Nissan in flames. He was fired from the patrol after the incident.
Harmori, Armand Del Campo, Jordan Partridge and Samantha Skocilik died from injuries from the second collision, the Los Angeles Times reported. Investigators believe no severe injuries were caused by the initial crash.
“This horrible tragedy could have been prevented had this officer not been driving at ridiculously high speeds for no reason whatsoever,” Hochman said.
The Guardian could not reach California highway patrol officials for comment.
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