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Lawyer Michael B. Black
  San Diego Legal News

Driver killed in accident was San Diego resident
CHULA VISTA: A driver who died Saturday afternoon after losing control of his vehicle was identified yesterday by the County Medical Examiner's office as 21-year-old Jeffery Pascua, a resident of San Diego's Paradise Hills community. Chula Vista police said Pascua's car was traveling too fast for the wet conditions when it veered off the road and struck a traffic signal pole at the intersection of Otay Lakes Road and Rutgers Avenue.
Three in car wounded in early-morning shooting BARRIO LOGAN: Three people in a car were wounded in a shooting early yesterday morning, police said. Witnesses said three men standing near Newton Avenue and Dewey Street underneath the San Diego-Coronado Bridge fired at a passing car around 1:47 a.m. Several of the bullets, possibly fired from an AK-47 and a .22 caliber weapon, hit the car, police reported. An unidentified man inside the vehicle was hit in the elbow, while other bullets grazed the face of a second man and a woman in her 20s, police said. None of the wounds appeared to be life-threatening.

Southern California roundup
LOS ANGELES - A woman who maintains she was left legally blind from a punch by an unruly fan after a game at Dodger Stadium deserves a seven-figure award from the team, her attorney told a jury Friday. ''This is a million-dollar case if there ever was one,'' said David R. Glickman, attorney for 31-year-old Maria Parra Helenius. Weinstein Co. signs deal with writers LOS ANGELES - The Weinstein Co.

Heavy Rain Causes Flooding Fears in San Diego County
Nearly an inch of rain in just one hour Saturday on Palomar Mountain prompted the National Weather Service to warn that recently-burned areas could generate dangerous mud flows and flooding. The NWS issued a Flash Flood Warning for the area Saturday morning, but it expired at 12:30 p.m. The weather service reports more than ten inches of rain had falled by 6:00 Saturday evening at Birch Hill, near state Route 76 at South Grade Road in North County. Several small streams and creeks were reported to be overflowing their banks in the foothills and on the west slopes of the San Diego County mountains. Sandia Creek Rd. had six inches of water from the Santa Margarita River shortly before 10:00 Saturday morning. The National Weather Service says Harmony Grove Rd. likely has water on it from Escondido Creek. No major flooding occurred, and a flash flood watch expired at 6 p.m. The heavy rain that fell overnight and earlier Saturday gradually decreased across San Diego County as the day went on. Traffic accidents across San Diego County were more than three times their normal level by midday Saturday, as severe weather battered the region, the California Highway Patrol said. At least 233 mishaps occurred between midnight and 6 p.m. Saturday, CHP reported. The number is a sharp increase over a normal day with good weather, in which an average of 63 crashes are typically reported. The CHP figure, which includes freeways and unincorporated area streets, includes all crashes, but a breakdown on the severity of accidents was not immediately available.

Car Crashes Into San Diego Bay
SAN DIEGO -- An out-of-control SUV crashed into Shelter Island Yacht Basin and sank Tuesday, leaving the driver trapped underwater until rescuers could get to the critically injured woman. The accident at Southwestern Yacht Club on Qualtrough Street in Point Loma occurred about 2:30 p.m., according to the San Diego Fire-Rescue Department. Witnesses directed arriving firefighters to where the vehicle had lurched down a rocky bank into the harbor and disappeared into the murky water, SDFRD spokesman Lee Swanson said. The crews jumped in, pulled the woman, described as about 70 years old, out of the sunken SUV and brought her to shore. Medics performed CPR before taking her to UCSD Medical Center, where she was admitted in critical condition. Her name was not immediately available.

Biker suffers paralysis after crash into mailbox
EL CAJON: A 27-year-old crashed his new motorcycle and suffered paralysis of his legs when his body hit a mailbox post on South Anza Street yesterday, El Cajon police said. The man reportedly had bought the off-road motorcycle recently and was riding near his home about 6 p.m. when he lost control of the bike. The motorcycle hit the ground and the rider was thrown toward the sidewalk, where he hit the mailbox post. He was taken to a hospital. Police had no update on his condition later in the evening.

Latino Rights Coalition Says ‘Basta Ya!’ to Hate Crimes
The number of ethnicity-based hate crimes in San Diego County doubled between 2005 and 2006. Local law enforcement estimates that 75% of all hate crimes committed in 2007 were against Latinos, and a North County coalition of Latino rights groups has had enough. There has been a significant increase in the number of hate crimes against Latinos in San Diego over the past two years, and North County Latino groups are saying “Basta ya!” (Enough!).

No sex-offender status for man offering free photo shoot
SAN DIEGO – A prosecutor lost a bid Thursday to force a Carmel Valley photographer to register as a sex offender pending sentencing for sexually assaulting a woman who came to him for a free photo shoot for a sexy calendar she intended to give to her boyfriend. James Wood, 55, was convicted last year of misdemeanor sexual battery and a felony charge of dissuading a witness and faces up to three years and six months in state prison.

Hearing ordered to see whether judge showed bias
DA, defense both want him off case EL CAJON – An appeals court has ruled that the San Diego Superior Court must hold a hearing to determine whether a judge should be removed for bias from the case of a sheriff's deputy who killed his wife. Defense lawyers for Lowell Bryan Bruce said El Cajon Superior Court Judge Allan J. Preckel has been unusually harsh on Bruce because of Bruce's job in law enforcement and asked the 4th District Court of Appeal to order Preckel off the case. District Attorney Bonnie Dumanis, whose deputies are prosecuting Bruce, joined Deputy Public Defenders Henry C. Coker and Stewart Dadmun in asking that Preckel be removed. Bruce, 41, pleaded guilty Aug. 14 to a charge of voluntary manslaughter for the December 2006 shooting of his wife, Kristin Maxwell-Bruce, 38. She was shot in the jaw in front of their 4-year-old son in the Alpine house they shared with Maxwell-Bruce's parents and grandparents. Bruce faces six to 21 years in prison. His lawyers have asked for 10.

Midsize Firm Overhauls Traditional Class-Year Salary System for Associates
In a world of follow-the-leader associate salary scales, a midsize California firm is carving its own path. This month, as leaders at other law firms wearily wonder about the next round of raises, Luce, Forward, Hamilton & Scripps overhauled the traditional class-year salary system. The San Diego firm has created 14 levels of associate compensation that will be affected by productivity and practice area.

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.

Law firm seeks $688 million for Enron work.
Request to be taken up at February hearing. The California law firm that led the effort to gain the largest civil securities settlement in history in massive Enron shareholder litigation wants $688 million for its work. San Diego-based Coughlin Stoia Geller Rudman & Robbins said in court filings this month that the proposed fee is 9.52 percent of the $7.3 billion in settlements amassed since the litigation was filed shortly before Enron imploded in late 2001. U.S. District Judge Melinda Harmon is slated to consider approving the request at a Feb. 29 hearing in Houston.

Judge rebukes Qualcomm, its attorneys
After a months-long review of “exceptional misconduct” that emerged last year during a patent trial, a San Diego federal judge put the burden of responsibility for the legal wrongdoing squarely on wireless giant Qualcomm. In a 48-page ruling yesterday, U.S. Magistrate Barbara Major found that Qualcomm “intentionally withheld tens of thousands of decisive documents” to win its case and gain a strategic business advantage over Broadcom, a rival chip-maker based in Irvine. Major refrained from ordering San Diego-based Qualcomm to pay fines for its misconduct, noting that the trial judge, U.S. District Judge Rudi Brewster, has ordered the company to pay Broadcom's legal fees, which total more than $8.57 million. In an unusual sanction, the judge ordered the company to review its failures in the case and create an improved “case management protocol” that would avoid such breakdown in similar cases. In a statement last night, Qualcomm said the company “regrets the discovery errors that occurred in this case.
call now: (619) 206-2056
 

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Accident cases are taken on a contingency basis: the attorney gets paid only if you win your case. The client pays court costs and other fees when due.            

  Attorney Practice Areas:

  • Vehicle Accidents and Related Injuries
    Every year thousands of people are injured on our San Diego streets and highways in motor vehicle accidents. Auto accidents and motorcycle accidents cause many injuries to those driving in San Diego and Southern California. If you or a loved one is in need of legal assistance, call Attorney Michael Black at 619-206-2056 or submit an online questionnaire. There is no obligation, and with accident cases, there is never an attorney fee unless you win your case. What the attorney makes depends on what you make, so you know the attorney will fight to get you as much as legally possible.
  • Sexual Harassment in San Diego
    Sexual harassment in the workplace is a form of discrimination based on sex, which is illegal under a variety of federal, state and municipal anti-discrimination laws. In sum, sexual harassment involves sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment.
  • Racial Discrimination
    Race discrimination occurs when an employee is treated differently or harassed because of his or her race, color, or national origin. If you have been rejected for employment, fired or otherwise harmed or treated differently in your employment because of your race, then you may have suffered race discrimination. Discrimination in the workplace can create a hostile work environment in which none of the parties involved feels comfortable. If you are punished or even fired because you complained to your employer that you were being discriminated against, then we would like to meet with you for a consultation.
  • Divorce and Restraining Orders
    In California, divorce is refered to as a "dissolution of marriage." A dissolution of marriage may be uncontested (the husband and wife agree on all terms) o contested in which the parties cannot agree on the terms of the divorce. California has adopted "no fault" laws that allow a divorce without showing that one spouse was at fault. The grounds for dissolution of marriage are Irreconcilable Differences (Cal Fam Code 2310(a)) and Incurable Insanity (Cal Fam Code 2310(b)).
San Diego Legal News:
Two Killed In San Diego-Area Auto Accidents Over New Year's Weekend SAN DIEGO (AP) -- Two people died in auto accidents on San Diego-area freeways and rural roads over the New Year's weekend. The California Highway Patrol also arrested 122 motorists in San Diego County on charges of driving while intoxicated. Statewide, the CHP says 26 people were killed in traffic accidents and nearly 1,600 people were arrested on drunken driving offenses from Friday night through Tuesday night. San Diego Residents May Face Some Rain Through Morning Commute San Diego County residents woke up Monday to more rain- soaked freeways as the weekend's storms linger just a little while longer. The National Weather Service forecast rain through the morning commute, with a chance of clearing after daybreak. As of 1 p.m. yesterday, 1.4 inches of rain fell in areas closest to the coast, from Lindbergh Field to the Oceanside airport, according to the NWS. Inland, 2.1 inches fell from Escondido to Alpine. In the mountains, 5.3 inches fell on average, but that measure is skewed by the 13.6 inches that fell on Palomar Mountain along. Minus Palomar Mountain's mammoth rainfall total, the average rainfall in the mountains, from Julian to Campo, was 3.9 inches. More than 216 accidents attributed to wet roadways were reported within the first 24 hours of this weekend's rainy weather, the product of three back- to-back storms, the California Highway Patrol reported. Figures for the entire weekend were not immediately released. Mudslides were reported on Sunrise Highway in the Mount Laguna area at around 10:40 p.m. Sunday, according to the CHP, which earlier in the day responded to calls of a boulder on state Route 94 between Dulzura and the Tecate turnoff. The boulder rolled from an area that was charred in the Potrero Fire and received significant rainfall this week. In San Diego, city engineers rushed yesterday morning to reports of a landslide into the backyard of a home in the 3800 block of Baker Street in Bay Park. According to San Diego Fire-Rescue Department spokesman Maurice Luque, engineers found that the earth had in fact slid twice into the backyard. The first slide happened Saturday evening and the second, yesterday morning. A 60-foot portion of rain-soaked earth collapsed at the property and into nearby yards. No injuries were reported but some fences and a retaining wall were damaged, Luque said. In North County, Highway 78 between Escondido and Ramona, which was badly burned in the Witch Creek Fire, also experienced mudslides at around 3 p.m. Saturday despite sandbags. A flash flood warning was in effect through 8 a.m. Monday for the coast, valley and mountains below 5,000 feet. A high surf advisory was also in effect through noon tomorrow along the coast, where surf of 7 to 12 feet was expected, along with dangerous rip currents. Tomorrow, the surf height is expected to decrease to around 5 to 10 feet, according to the National Weather Service. Woman given life term in slaying A woman convicted of murdering a former actor whose body was stuffed into a suitcase in his condo was sentenced yesterday to life in prison without the chance for parole. Amy Heather Davis, 27, was found guilty April 11 in the 2005 death of Theodore “Rocky” Salanti, 57, during a robbery at his home on Rancho Mission Road in San Diego's Grantville neighborhood. Salanti, who once had roles on TV shows such as “Silk Stalkings” and “Renegade,” was described in court as a friend of Davis' who often provided her with money and a place to stay. San Diego Superior Court Judge Melinda Lasater heard arguments from Davis' lawyer and pleas from several family members who said the sentence was too harsh. They said Davis should have an opportunity one day to leave prison. “I know her heart,” Davis' mother said. “I think she'd be worth having a second chance.” Lasater acknowledged the family's feelings but said a jury had convicted Davis of first-degree murder and special allegations that made her eligible for the life sentence. Under the circumstances of this case, the judge said, she did not consider the punishment to be “cruel and unusual.” Prosecutors said Davis had bound Salanti with duct tape, then ransacked his condo looking for cash and drugs. He died of asphyxiation. Authorities found his body Sept. 30, 2005, stuffed into a large green suitcase. Davis testified that two unknown men robbed and killed Salanti. She said the men, one of whom had a knife, approached her outside and ordered her to let them in. She told the jury she was high on methamphetamine when she ransacked the condo and took drugs from Salanti's safe. Deputy District Attorney Patrick Espinoza said it's still a mystery whether anyone else was involved but that the evidence points to Davis alone. When it was her turn to speak, Davis said she cared about Salanti and did not kill him. But she admitted she bore some responsibility. “I could have ran, I could have went to police, I could have done a lot of things,” she said. “I did not bind him. I did not kill him,” she continued. “I know only God knows that and Rocky does.”

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