Friday, 29 March 2024

News

SACRAMENTO – Attorney General Kamala Harris has filed a friend-of-the-court brief in the U.S. Supreme Court supporting the constitutionality of federal health care reform and urging the high court to uphold the landmark law.


"Though state governments and private actors have taken important and innovative steps to expand access to health care and to restrain the growth of health care costs, no remedy can be fully effective without action on a national level. The Commerce Clause empowers Congress to take such action, and Congress properly employed that power in addressing the nation's healthcare crisis through the reforms enacted in the Affordable Care Act," the amicus brief states.


In August 2011, a divided United States Court of Appeals for the Eleventh Circuit ruled that the Patient Protection and Affordable Care Act's minimum coverage provision, which requires that individuals maintain adequate health insurance, is unconstitutional.


The United States government appealed that decision to the U.S. Supreme Court, which will hear oral arguments in the matter in March 2012.


Attorney General Harris, joined by 12 other attorneys general, argued in a brief filed Friday in the U.S. Supreme Court that the Constitution gives Congress broad powers to regulate interstate commerce, including individual conduct that substantially affects interstate commerce.


The failure of millions of Americans to purchase health insurance has a substantial negative impact on interstate commerce, as well as state economies and budgets, Harris’ office reported.


In 2009, the health care economy accounted for 17.6 percent of the nation's gross domestic product, Harris’ office reported. In 2008, the cost of uncompensated health care – health care provided to those who lacked insurance or some other ability pay – was $43 billion nationally.


As a result, providers shift a significant portion of those costs onto insurance companies and other payers. Each American family, on average, pays $1,000 more than necessary in health insurance premiums as a result of the shifting of those costs, Harris reported.


"Health care is one of the fastest growing expenditures in the federal budget, California's state budget, and the budgets of families across America," Attorney General Harris said. "Federal health care reform is not only essential to improving access to quality health care in California, it also is central to the long-term health of our economy, as well as state and local budgets."


Proponents of the health care reform law will reduce the need to shift the cost of uncompensated care of the uninsured or underinsured and will reduce the expenses absorbed by the states and by individuals with health insurance. They also hold that the Patient Protection and Affordable Care Act is an indispensable aid to the states in their own efforts to tackle the health care problems their residents face.


Other states joining California in this brief are Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, New Mexico, New York, Oregon and Vermont. The brief also is joined by the District of Columbia and the Virgin Islands.


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011312 Attorneys General Amicus Brief on Health Care Reform

UPPER LAKE, Calif. – The Upper Lake High School District Board appointed a new member to fill a vacant position at its Wednesday night meeting.


Wanda Quitiquit of Nice was appointed to fill a position vacated by Ron Raetz, who last November was elected to the Upper Lake Elementary School Board.


Following her appointment, Quitiquit was sworn in and seated for the rest of the meeting.


“It's going to be a challenge, but I’m excited,” Quitiquit told Lake County News on Wednesday evening following the meeting.


Quitiquit had run for the Upper Lake High School Board last fall, when there were two seats on the ballot. However, she finished just out of the running, behind Keith Austin and Richard Swaney, as Lake County News has reported.


Quitiquit, who has experience serving on other local boards, said she hopes to bring her skills and diversity to the board.


“It's opening a new door,” she said.


She said she’s the first American Indian to sit on the board, and hopes to be a liaison to local tribes.


“I just hope I can bring some change,” she said.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

SACRAMENTO – A recent discovery by California Highway Patrol (CHP) commercial vehicle inspectors prevented a shipment of bathroom tissue holders with radiation contamination from reaching retail stores in Northern California.


“Our commercial personnel have the training, equipment, and capability of locating items that may threaten the safety of public safety,” said CHP Commissioner Joe Farrow. “This equipment and training is essential in accomplishing our mission of providing safety, service and security.”


The items were detected during a routine commercial vehicle inspection and ultimately determined to be constructed from contaminated metal containing Cobalt-60.


The CHP notified the California Department of Health Services, which lead to a nationwide product recall.


The CHP has the largest commercial vehicle inspection program in the nation, conducting more than 600,000 inspections annually.


The department operates 51 Commercial Vehicle Enforcement Facilities in 37 locations throughout the state, plus 73 mini-sites. Sixteen of these facilities are open 24 hours a day, seven days a week.


“Through an ongoing effort, the CHP strives to improve commercial motor vehicle safety on California’s highway transportation system through enforcement, training, education, and new technologies,” said Farrow.


Although highway safety is the primary purpose of commercial vehicle inspections, the CHP’s inspection program commonly results in locating narcotics, illegal contraband and other potential hazards.


The commercial enforcement program is just one facet of a more comprehensive homeland security effort by the CHP.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

KELSEYVILLE, Calif. – A local man injured in a Tuesday evening collision near Kelseyville was arrested for driving under the influence.


Demel Deon Bullock, 25, of Clearlake Oaks was arrested at the scene of the crash, according to a report from California Highway Patrol Officer Greg Buchholz.


The crash occurred just after 6 p.m. on Highway 29 south of Highway 281, Buchholz reported.


Bullock was driving a 2006 GMC van northbound on Highway 29 south of Highway 281 at approximately 55 miles per hour when he crossed the double-yellow lines into the southbound lane, Buchholz said.


Benjamin Bonham, 22, of Lower Lake was driving southbound in a 1988 Jeep SUV and saw Bullock travel into his lane, Buchholz reported.


Bonham made an abrupt turn to avoid the collision, but Buchholz said the two vehicles hit head-on, causing Bullock’s van to overturn onto the highway’s shoulder.


Buchholz said alcohol was believed to be a factor in the collision, and Bullock was arrested for suspicion of DUI. He was then transported to St. Helena Hospital Clearlake where he was treated for minor injuries.


Lake County Jail records showed that Bullock was booked into jail early Wednesday morning, with bail set at $5,000. He later posted bail and was released.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

Effective Jan. 1, 2012, estates of decedents valued at less than $150,000 can be settled as small estates without probate.


Formerly, the limitation was $100,000.


To determine whether a decedent's estate is a small estate the following are excluded: Assets held in the decedent's trust or in a joint tenancy with a surviving joint tenant; assets in which the decedent had a life estate only; assets that pass at the decedent's death to designated death beneficiaries (e.g., life insurance, annuities, and retirement plans); and assets that pass to the decedent's surviving spouse or surviving registered domestic partner, as relevant.


Also excluded is up to $15,000 in uncollected (unpaid) salary or compensation owing to the

decedent.


If the total appraised value of the remaining assets is equal to or less than $150,000 then the estate is a small estate which may be administered through summary administration without formal probate.


Let us discuss how small estates are settled.


When real property is not involved, then the so-called "affidavit procedure" may be utilized once forty days have elapsed since the decedent's death. This allows a beneficiary to claim ownership to all or a part of the small estate without obtaining a court order. A certified death certificate is attached.


The affidavit may vary with the type of asset, or assets, and situation involved.


For example, if a promissory note is being transferred then particulars concerning the note are discussed.


With cars and boats the Department of Motor Vehicles has its own preprinted affidavit to complete. Financial institutions, especially banks, usually have their own preprinted affidavits.


With mobile homes, however, the affidavit procedure is unavailable.


Instead, the Department of Housing and Community Development requires that its "Multi-Purpose Transfer Form" be completed along with the original title, registration and a tax clearance certificate if the mobile home is on the county tax rolls.


The affidavit procedure creates a race to claim property amongst those claiming an inheritance right. It can be a race amongst beneficiaries themselves and also by the beneficiaries against the decedent's creditors.


Unlike with a probate, the decedent's creditors must pursue their enforceable claims against the beneficiaries individually to the extent the beneficiaries receive assets from the small estate.


Unless the creditors open a probate before the affidavit procedure is utilized the creditors are

in a weak position to recover their money.


When real property is involved, however, the affidavit procedure can only be used if the total value of all real properties is equal to or less than $50,000. If more, a petition for transferring title to real property of a small estate is required to obtain a court order transferring title.


Now, let us consider a decedent who owned a bank account with $17,000; a car worth $5,000; a mobile home worth $50,000; and a lot worth $60,000.


All assets are titled in the decedent's own name. The combined appraised date of death value of all assets is $132,000.


The decedent's heirs are his two children. They wait 40 days and take possession of the bank account and car using the affidavit procedure.


They complete HCD's Multi-Purpose Transfer Form and submit it with the title, registration, death certificate and tax clearance certificate (if relevant) to HCD. The lot is over $50,000, so a court order transferring title is necessary. All of this is done without notice to creditors, outside probate.


Families of decedents with small estates can save much money and time by using the appropriate summary administration methods relevant discussed above in lieu of probate.


Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235. Visit his Web site at www.dennisfordhamlaw.com.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

LOWER LAKE, Calif. – An early morning vehicle chase led to a crash, power outage and search for a suspect who was reported to have been taken into custody late Thursday morning.


Initial reports from the scene indicate that the suspect, whose name has not yet been released, was reported to be driving erratically near Middletown at about 3:45 a.m., nearly having a head-on crash with another vehicle.


California Highway Patrol reports stated that within minutes a sheriff’s deputy was trying to catch up with the suspect vehicle on the Coyote Grade.


Just before 4 a.m., the suspect vehicle reportedly crashed into a power pole in the area of Spruce Grove Road North at Old Spruce Grove Road near Lower Lake, knocking lines across the roadway, according to radio reports.


Firefighters responded to the scene, as did Pacific Gas & Electric, the CHP reported.


The driver fled the scene, and was spotted about a half an hour later in the 12000 block of Spruce Grove Road wandering around a residence, according to CHP reports. Witnesses reported seeing a blood trail from the suspect.


A helicopter also was called to assist with the search, with witnesses reporting that it was flying in circles over Lower Lake.


Just before 8 a.m. a subject who was bleeding from the head was reportedly seen walking in the 14000 block of Spruce Grove Road.


At around 8:30 a.m. reports from the scene indicated the driver had been taken into custody, and medics were en route to the scene.


CHP Officer Kory Reynolds told Lake County News that the CHP was investigating the crash, which was believed to have been caused by driving under the influence.


PG&E spokesperson Brandi Ehlers said a power outage resulted from the crash, with the outage first reported just after 4 a.m.


Initially there were 168 PG&E customers affected, with all but 10 restored by about mid-morning. Ehlers said all customers were expected to have their power back on by noon.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

SAN FRANCISCO – California Attorney General Kamala Harris has joined 53 other attorneys general in signing a letter calling on the U.S. Congress to reauthorize the Violence Against Women Act.


The act will ensure the sustainability of vital programs designed to keep women and families safe from violence and abuse, Harris’ office reported.


"We've made tremendous strides in how we deal with violence against women - from prosecuting violent offenders to breaking the cycles of crime and supporting and empowering victims," Harris said Wednesday. "But our work is not done and the Violence Against Women Act, and ongoing support, is critical to this effort."


In a letter sent to members of Congress, the attorneys general note that progress has been made since the passage of the Violence Against Women Act (VAWA) in 1994.


Domestic violence, sexual assault, dating violence and stalking – once considered private matters to be dealt with behind closed doors – have been brought out of the darkness.


But, while annual rates have dropped more than 50 percent, domestic violence remains a serious issue.


Every day in the United States, three women are killed by abusive husbands and partners. In California, there were 166,361 domestic violence calls in 2010, including more than 65,000 that involved a weapon.


In urging Congress to reauthorize VAWA for the first time since 2006, the attorneys general cited the need to maintain services for victims and families on the local, state, and federal levels.


Reauthorization would allow existing programs to continue uninterrupted, and provide for the development of new initiatives to address key areas of concern.


These initiatives include:


– Addressing the high rates of domestic violence, dating violence and sexual assault among women, ages 16-24 by combating tolerant youth attitudes toward violence.


– Improving the response to sexual assault with best practices, training, and communication tools for law enforcement, as well as health care and legal professionals.


– Preventing domestic violence homicides through enhanced training for law enforcement, advocates and others who interact with those at risk. A growing number of experts agree that these homicides are predictable – and therefore preventable – if we know the warning signs.


The letter from the attorneys general concludes: "We know a great deal more about domestic violence, dating violence, sexual assault and stalking than we did 17 years ago. Reauthorizing VAWA will allow us to build on those lessons and continue to make progress and save lives."


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .




COBB, Calif. – On Thursday evening a former U.S. secretary of labor came to Lake County to visit with Calpine workers who are on the verge of voting to join a union.


Robert Reich, who served as President Bill Clinton’s secretary of labor and now teaches at the University of California, Berkeley, met with about 60 Calpine workers, organizers and members of International Brotherhood of Electrical Workers Local Union 1245 at the Little Red School House.


Approximately 219 workers at Calpine’s Geysers operations are eligible to take part in an election to join IBEW 1245 Jan. 25-26, according to the union.


Reich's visit follows a meeting several Calpine workers held with Gov. Jerry Brown about their efforts to unionize on Dec. 9.


In addition to getting the chance to hear from Reich, Calpine employees who came to the Thursday night meeting were able to ask questions of union organizers about the process and find out how contract negotiations could benefit them.


The union organizing committee asked the men and women who attended to introduce themselves and share how long they had been at the company.


There were many longtime employees, some who had worked more than 20 and sometimes 30 years as techs, in the steamfields, in maintenance and other areas.

 

The process of organizing the election to join the union has been a divisive one.


IBEW has accused Calpine – one of the county's largest employers – of fighting the organizational process, which Calpine has denied.

 

The union also has alleged that sick time and staffing levels have been reduced, while health premium offsets and choice of health plans has been eliminated, while at the same time executive pay has gone up.


For its part, Calpine maintains that its workers enjoy one of the best compensation and benefits packages in the industry – including annual raises, cash bonuses and 401k contribution matches – and are in the United States’ top 20 percent of wage earners.


One Calpine worker at the meeting Thursday evening acknowledged that pay rate, and questioned why they should ask for more from the company, which he felt treated them well.


Organizers urged workers to stand with the union, and emphasized that Calpine is not the enemy. They reported receiving support and attention from around the country.


Reich, who has openly supported unions, also encouraged workers to unionize.


“What you’re doing is really important,” Reich told the group.


He said wages and benefits for workers grew for decades after World War II, which he credited to the efforts of the labor movement.


But that’s stopped now, and Reich said the country is still in the grip of the “Great Recession” because American workers can’t afford to buy the goods the United States is producing.


Better wages and working conditions benefit everyone, Reich said.


“We’re all in this together,” he said. “It’s not a zero sum game.”


He emphasized that workers need a voice at the table. That’s especially important, he said, because the United States is the richest country in the world – it’s richer than ever before – but some are getting richer than everyone else.


“Everybody should get part of the pie,” he said.


Unions, said Reich, have historically had an important impact on the overall U.S. workforce. He said in 1955, 35 percent of U.S. workers were in unions, which was enough to influence the prevailing wage. Today, only 7 percent of the private sector workforce is unionized.


Reich told Lake County News after the meeting that he believes there is an opportunity for a resurgence of union representation in light of the current economic stresses, and as more people come to understand the country's economic disparities.


He said people are fed up with economic stresses and insecurities. “They're feeding a new populist movement.”


That movement, he said, takes the form both of the Tea Party and the Occupy Wall Street movements.


Similar social movements in the first decade of the 20th century, the 1930s and 1960s resulted in important developments for workers, Reich said.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

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From left, attorneys Michael Lunas and Michael Friel are planning to run for the Lake County Superior Court seat currently held by Judge David Herrick, who said he is retiring at the end of 2012. Courtesy photos.

LAKE COUNTY, Calif. – With one of the county’s judges indicating he will not seek reelection this year, a field of candidates is forming to seek his seat on this year’s ballot.

Judge David Herrick, who presides over Lake County Superior Court Department 1 in Lakeport, began indicating last year that he wouldn’t run for reelection.

“I haven’t made it a secret that I don’t intend to seek another six-year term, and I haven’t changed my mind on that,” Herrick told Lake County News on Wednesday.

All of the Lake County Superior Court judges are up for reelection this year, according to election officials.

Herrick said he realized potential candidates have been holding back on announcing plans to run in order to give him a chance to make a final decision.

He said he’s talked to some attorneys about it, and he understands their reticence to act until they knew his intention.

Herrick said he considered the matter carefully, and said he’s still determined not to run again.

By not going through the election process, Herrick called it the “functional equivalent” of a retirement, which will take place at year’s end.

By the time his retirement becomes effective at the end of 2012, Herrick will have served 18 years on the bench, giving him the longest tenure of the judges currently serving.

He said a more formal announcement of his retirement will come later, as the time for his departure from the bench gets closer to taking effect.

With Herrick’s seat coming open, some candidates are getting started on the campaign trail.

On Wednesday, attorneys Michael Friel and Michael Lunas said they’re throwing their hats into the ring.

Lake County News also contacted attorney Judy Conard, who indicated she is “very interested” in the position but did not specifically confirm she was running. Conard called Herrick a good, well-respected judge.

Friel, Lunas outline histories in law

Friel, 48, of Kelseyville, holds a bachelor’s degree from the University of California, Berkeley; a master’s degree in English from the University of Virginia; and a juris doctor from Lewis and Clark, Northwestern School of Law in Portland, Ore.

A native of Eureka, Friel has been practicing law in Lake County for more than 18 years, moving here after he completed law school.

Since then he said he’s represented clients in a wide range of civil and criminal matters, and has served the court as a judge pro tem, special master and mediator.

He is an adjunct faculty member at Yuba College’s Clear Lake Campus, where he has taught English and political science courses since 1994.

In addition, Friel is a member of the board of directors of the Lake County Land Trust and served as that organization’s president for seven years.

He also has played, coached and sponsored teams through the Lake County Adult Softball Association and been active in coaching and supporting many youth sport programs in the county.

He and his wife, Kim, a dispatcher for the Lake County Sheriff’s Department, have a daughter.

Lunas said Wednesday that he had been waiting to make a formal announcement of his intention to run once he was certain that Herrick was not going to seek reelection.

With that assured, Lunas said he will be a candidate.

Lunas, 53, of Lakeport is now starting his 30th year of legal practice. He said he’s lived in Lake County for 45 years.

He received both his bachelor’s degree in law and his law degree from Western State University in Fullerton, graduating with honors at both the undergraduate and graduate levels.

Lunas was able to gain early access to law school, starting study in his second year of college. That gave him an early start on his law career.

His legal experience covers all areas. Most recently he said he has worked more in civil litigation.

According to his resume, he’s been a contract public defender, had an appellate decision published, and been an arbitrator, judge pro tem and appointed mediator.

Lunas said he’s been interested in becoming a judge for some time.

This won’t be his first time running for a judicial post. In 2000 he ran for the Lake County Superior Court Department 3 judge’s seat.

The Lake County Registrar of Voters Office said candidates must file a declaration of intention to run between Jan. 30 and Feb. 8.

That is followed by the period to file declaration of candidacy and nomination papers, which runs from Feb. 13 through March 9. Filing periods usually are extended about a week when an incumbent does not file.

 The department confirmed that both Lunas and Friel had taken out papers to file signatures in lieu of the required filing fees to run for Department 1.

Judges Richard Martin and Andrew Blum – sitting on the bench in Departments 2 and 3 respectively – also have taken out that in-lieu paperwork, according to the elections office.

The filing fees for Lake County Superior Court judges total $1,787.89 per candidate, the department reported. Each signature defrays about 55 cents, meaning that a judicial candidate would have to gather approximately 3,252 signatures to cover the full filing fee.

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

CLEARLAKE, Calif. – A late-night burglary resulted in a break-in at a storage unit complex and the nearby Clearlake Public Works yard.


On Tuesday just before 11 p.m. Clearlake Police officers responded to a reported audible alarm at the B&K storage unit located on Old Highway 53, according to a report from Sgt. Martin Snyder.


Snyder said officers arrived on scene minutes later and discovered entry had been made into several small storage lockers on the property.


While on the property, officers additionally noticed an open door at the city of Clearlake Public Works yard, which Snyder said is located on the adjoining property.


He said officers conducted a search of the Public Works yard and located numerous vehicles and buildings which had been ransacked and items removed.


During the investigation it was discovered that bodily force and prying tools were used to gain access to the numerous storage sheds and Public Works yard, according to Snyder.


Based on the evidence found on scene it suggested this crime was committed by several suspects, he said.


Snyder said officers recovered several items of stolen property from behind a storage unit of B&K storage.


It is believed the suspect, or suspects, fled the scene when the alarm was activated, leaving behind numerous items of stolen property, Snyder reported.


He said approximately 15 storage units were broken into and it is still unknown what items were stolen.


Anyone with any information regarding this incident is encouraged to contact Officer Michael Ray at the Clearlake Police Department, 707-994-8251.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Google+, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

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