Contributions to Harris 2014; Re-elect Attorney General Kamala Contributions since: $416,400

KEITH BRACKPOOL	MANHATTAN BEACH, CA 90266	OWNER/MANHATTAN COUNTRY CLUB	6500	2011-11-21	2011-12-07
UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN RANCHERIA	SACRAMENTO, CA 95814		6500	2011-11-17	2011-12-07
STEPHEN BING	LOS ANGELES, CA 90067	FILLM PRODUCER/SELF - SAME NAME	6500	2011-11-09	2011-11-22
STEPHEN BING	LOS ANGELES, CA 90067	FILLM PRODUCER/SELF - SAME NAME	6500	2011-11-09	2011-11-22
GRANT THORNTON LLP	OAKBROOK TERRACE, IL 60181		5000	2011-11-03	2011-11-18
PRICEWATERHOUSE COOPERS LLP	WASHINGTON, DC 20005		5000	2011-11-03	2011-11-18
LISA S. PRITZKER	SAN FRANCISCO, CA 94118	ADVOCATE FOR WOMEN AND CHILDREN/SELF - SAME NAME	6500	2011-10-28	2011-11-18
CA STATE ASSOCIATION OF ELECTRICAL WORKERS	PASADENA, CA 91101		12500	2011-10-28	2011-11-18
CA STATE PIPE TRADES COUNCIL POLITICAL ACTION FUND	SACRAMENTO, CA 95814		12500	2011-10-28	2011-11-18
PIPE TRADES DISTRICT COUNCIL #36 PAC	FRESNO, CA 93727		12500	2011-10-28	2011-11-18
PLUMBERS & PIPEFITTERS LOCAL 447 FEDERAL POLITICAL ACTION FUND	SACRAMENTO, CA 95819		12500	2011-10-28	2011-11-18
SOUTHERN CALIFORNIA PIPE TRADES DISTRICT COUNCIL #16 PAC	LOS ANGELES, CA 90020		12500	2011-10-28	2011-11-18
WESTERN STATES COUNCIL OF SHEET METAL WORKERS PAC	SACRAMENTO, CA 95814		12500	2011-10-28	2011-11-18
ANGELIQUE GRIEPP	SAN FRANCISCO, CA 94109	HOMEMAKER	6500	2011-10-25	2011-11-01
CA STATE COUNCIL OF LABORERS PAC	SACRAMENTO, CA 95814		6500	2011-10-19	2011-11-01
WILLIAM LOFTON	SAN FRANCISCO, CA 94123	ATTORNEY/LOFTON & WILLIAM	6500	2011-10-17	2011-10-27
DELOITTE & TOUCHE PARTNERS CALIFORNIA FUND	SAN FRANCISCO, CA 94105		5000	2011-10-14	2011-10-27
STEVEN WILLIAMS	BURLINGAME, CA 94010	ATTORNEY/COTCHETT PITRE & MCCARTHY	5000	2011-10-13	2011-10-27
JOSEPH W. COTCHETT	BURLINGAME, CA 94010	ATTORNEY/COTCHETT, PITRE & MCCAARTHY	5000	2011-10-13	2011-10-27
NANCY L. FINEMAN	BURLINGAME, CA 94010	ATTORNEY/SELF - SAME NAME	5000	2011-10-13	2011-10-27
PHILIP LAWRENCE GREGORY	WOODSIDE, CA 94062	ATTORNEY/SELF - SAME NAME	5000	2011-10-13	2011-10-27
NIALL MCCARTHY	BURLINGAME, CA 94010	ATTORNEY/SELF - SAME NAME	5000	2011-10-13	2011-10-27
MARK C. MOLUMPHY	SAN MATEO, CA 94402	ATTORNEY/SELF - SAME NAME	5000	2011-10-13	2011-10-27
NANCI E. NISHIMURA	SAN MATEO, CA 94402	ATTORNEY/SELF - SAME NAME	5000	2011-10-13	2011-10-27
MITCHELL KAPOR	SAN FRANCISCO, CA 94105	INVESTOR/KAPOR ENTERPRISES, INC.	6500	2011-10-09	2011-10-24
KPMG LLP	DALLAS, TX 75201		6000	2011-10-05	2011-10-24
DOUGLAS C. ROSENBERG	SAUSALITO, CA 94965	RETIRED	6500	2011-09-30	2011-10-14
ERNST & YOUNG, LLP	LOS ANGELES, CA 90017		5000	2011-09-30	2011-10-14
JONATHAN KITCHEN	SAN FRANCISCO, CA 94123	ATTORNEY/COX, CASTLE & NICHOLSON, LLP	6500	2011-09-29	2011-10-14
ROBERT MAILER ANDERSON	SAN FRANCISCO, CA 94115	WRITER/SELF - SAME NAME	6500	2011-09-26	2011-10-10
RON BURKLE	LOS AANGELES, CA 90069	INVESTOR/YUCAIPA COMPANIES	6500	2011-09-26	2011-10-10
ERIKA GIRARDI	LOS ANGELES, CA 90017	RECORDING ARTIST/EJ GLOBAL LLC	6500	2011-09-26	2011-10-10
THOMAS V. GIRARDI	LOS ANGELES, CA 90017	ATTORNEY/GIRARDI KEESE	6500	2011-09-26	2011-10-10
NION T. MCEVOY	SAN FRANCICO, CA 94118	CHAIRMAN & CEO/CHRONICLE BOOKS	6500	2011-09-26	2011-10-10
MICROSOFT CORPORATION POLITICAL ACTION COMMITTEE	REDMOND, WA 98073		6500	2011-09-26	2011-10-10
SNR DENTON	NEW YORK, NY 10020		5000	2011-09-26	2011-10-10
DONALD J. TRUMP	NEW YORK, NY 10022	ENTREPRENEUR/THE TRUMP ORGANIZATION	5000	2011-09-26	2011-10-10
DEMENNO/ KERDOON	SOUTH GATE, CA 90280		6500	2011-09-19	2011-09-29
BARONA BAND OF MISSION INDIANS	LAKESIDE, CA 92040		6500	2011-08-24	2011-09-07
WILLIAM LARSON	BEVERLY HILLS, CA 90211	ATTORNEY/KIESEL, BOUCHER & LARSON	6500	2011-08-22	2011-08-30
KIESEL, BOUCHER & LARSON, LLP	BEVERLY HILLS, CA 90211		5714	2011-08-22	2011-08-30
KIESEL, BOUCHER & LARSON, LLP	BEVERLY HILLS, CA 90211		786	2011-08-22	2011-08-30
PAUL KIESEL	BEVERLY HILLS, CA 90210	ATTORNEY/KIESEL, BOUCHER & LARSON	6500	2011-08-22	2011-08-30
BICYCLE CASINO	BELL GARDENS, CA 90201		6500	2011-08-16	2011-08-30
CALIFORNIA COMMERCE CLUB, INC.	COMMERCE, CA 90040		6500	2011-08-16	2011-08-30
HAWAIIAN GARDENS CASINO	HAWAIIAN GARDENS, CA 90716		6500	2011-08-16	2011-08-30
HOLLYWOOD PARK CASINO	INGLEWOOD, CA 90303		6500	2011-08-16	2011-08-30
CA ATTORNEYS, ADMIN LAW JUDGES AND HEARING OFFICERS IN STATE EMPLOYMENT (CASE) PAC	SACRAMENTO, CA 95833		13000	2011-08-15	2011-08-23
ELI BROAD	LOS ANGELES, CA 90024	FOUNDER/THE BROAD FOUNDATIONS	6500	2011-08-09	2011-08-23
GEORGE ROSE	BEVERLY HILLS, CA 90210	EXECUTIVE VICE PRESIDENT/ACTIVISION	3500	2011-07-28	2011-08-09
GEORGE ROSE	BEVERLY HILLS, CA 90210	EXECUTIVE VICE PRESIDENT/ACTIVISION	6500	2011-07-28	2011-08-09
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES-CA (AFSCME)	SACRAMENTO, CA 95814		13000	2011-07-07	2011-07-20
HEWLETT PACKARD COMPANY	PALO ALTO, CA 94304		6500	2011-06-30	2011-07-14
PEPSICO INC.	ALISO VIEJO, CA 92656		5000	2011-06-30	2011-07-14
SEMPRA ENERGY	SAN DIEGO, CA 92101		6500	2011-06-15	2011-06-29
YAHOO! INC.	SUNNYVALE, CA 94089		5000	2011-05-26	2011-06-09
SAN PABLO LYTTON CASINO	SAN PABLO, CA 94806		6500	2011-05-18	2011-06-01
CCA OF TENNESSEE, LLC	NASHVILLE, TN 37215		5000	2011-05-18	2011-06-01
ORACLE AMERICA, INC.	ROCKLIN, CA 95765		6500	2011-05-12	2011-05-26
TWENTIETH CENTURY FOX FILM CORPORATION	LOS ANGELES, CA 90035		5000	2011-05-09	2011-05-23
PEACE OFFICERS RESEARCH ASSOCIATION OF CA PAC	SACRAMENTO, CA 95834		12900	2011-03-31	2011-05-12

In Part 1, we discussed the ongoing bankruptcy proceedings involving CWS and owner Charles Siller ("Siller"), former clients of Burlingame-based Cotchett Pitre & McCarthy ("Cotchett").

After Siller unsuccessfully sought to renegotiate the amount of fees owed to Cotchett, Cotchett commenced legal proceedings against Siller and obtained a judgment. Siller, defiant, filed for bankruptcy. Cotchett, also defiant, continues to pursue Siller in bankruptcy court.

Presently, Siller is asking the bankruptcy court – through a trustee represented by DLA Piper in Sacramento – to essentially renegotiate the fees by examining the "reasonable value" of the benefits obtained from Cotchett. Presumably, the parties are operating under the assumption that the determined reasonable value will not exceed the original amount.

As an aside, DLA Piper's Sacramento offices housed non-profit CaliforniaALL, the entity that obtained the sub rosa $780,000 contribution from the California Bar Foundation.

In yet another strange twist, Jim Wagstaffe of Kerr Wagstaffe – Cotchett's co-counsel in an ongoing separate matter in San Mateo – has been selected to offer expert testimony as to the reasonable value of Cotchett's services to Siller.

Hell Hath No Fury Like a Stiffed Cotchett

Parties seeking representation by Cotchett, particularly in a contingency fee arrangement, had better stick to their word and their side of the agreement, and otherwise conduct themselves honorably. Shenanigans are not tolerated.

Mr Joseph Cotchett of Burlingame-based Cotchett Pitre & McCarthy (Image:courtesy photo)

At least based on our observation, Cotchett is not a corporate firm that will pretend to crunch the numbers and offer discounts or send an unpaid bill to a collection agency that might offer a client a "deal", say 30 cents on the dollar.

The way the firm sees things, the client came to it in a time of need, the firm took a risk, the firm worked hard to earn the fees and invested its own money to pay for expenses, and ultimately it delivered; so, please, do not try to disrespect the firm by not paying it what it is entitled to.

A client engaging in waggery, or otherwise trying to pull a fast one on Cotchett, is perceived as committing an act of betrayal, which is highly and deeply offensive to Cotchett's sense of fairness, justice, and what is right and wrong in the universe.

Hence, the same efficient and fearless legal machinery that initially worked on behalf of the errant client is now ready to take that client on – and justifiably so we might add.

That having been said, we have also observed that Cotchett, at times, enters into convoluted agreements with its clients regarding the payment of attorney's fees, which usually involve business transactions post-settlement, and otherwise prolong the attorney-client relationships as they move into adversarial business relationships.

This new arrangement between a toxic client and the orderly Cotchett provides both, for a short while longer, the needed platform to co-dependently remain in a relationship for Cotchett to right another wrong until a court writes it off.

Fraudster Pierce O'Donnell "has moved to whittle down the evidence that federal prosecutors can introduce during his impending trial," The National Law Journal reports.

Not surprisingly, and according to the article, O'Donnell "plans to blame much of his behavior on his bipolar disorder."

Defendant Pierce O'Donnell presently the subject of criminal proceedings in federal court. These proceedings (United States of America v. Pierce O'Donnell) relate to alleged unlawful contributions to John Edwards; trial is set for January 2012.(Image: source)

O'Donnell, an attorney, has been involved in countless legal proceedings involving his numerous acts of misconduct, described briefly below:

1. Criminal proceedings in the Los Angeles County Superior Court relating to unlawful contributions to James Hahn.

2. State Bar of California Court proceedings relating to his conviction of crimes involving moral turpitude in the Los Angeles County Superior Court.

3. State Bar of California alternative proceedings relating to his mental illness (O'Donnell failed to comply with the conditions of the program and his participation was terminated).

4. Administrative proceedings advanced by both the City of Los Angeles and the State of California.

5. State Bar of California Court proceedings relating to his attempt to mislead a Nevada state court.

6. Ongoing criminal proceedings in federal court. These proceedings (United States of America v. Pierce O'Donnell) relate to alleged unlawful contributions to John Edwards; trial is set for January 2012.

As was reported here earlier, O'Donnell's participation (alongside Thomas Girardi , Walter Lack, Joe Cotchett, and James Brosnahan) in the El PasoNatural Gas/Sempra and Hurricane Katrina litigation is a source of grave concern, particularly due to circumstances involving sham charity CaliforniaALL.

Specifically events surroundings CPUC Commissioner Geoffrey Brown; James Brosnahan/Susan Mac Cormac /Diane Pritchard/Annette Carnegie of Morrison & Foerster; Thomas Girardi and Howard Miller of Girardi & Keese; Joe Cotchett and Nancy Fineman of Cotchett Pitre & Mcarthy; Joe Dunn of Voice of OC; Gilles Attia and Jeffrey Shohet of DLA Piper, and the hush-hush sub rosa transfer of $780,000 from the California Bar Foundation to CaliforniaALL.

Jeffrey Bleich as Renaissance Man, please see Here as Superman, see Here.

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MORRISON & FOERSTER TEAM --- ALSO Diane E. Pritchard

 

Addendum to Morrison & Foerster -- Diane E. Pritchard

 

Addendum #2 to Morrison & Foerster -- Mr. Somnath Raj Chatterjee AKA S. Raj Chatterjee AKA Raj Chatterjee.

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MGA TEAM -- COUNSELS WHO REPRESENTED DEFENDANT MGA ("BRATZ DOLLS".) FROM LEFT: SKADDEN ARPS' RAOUL KENNEDY AND THOMAS NOLAN ; HOWARD RICE'S JEROME FALK AND DOUGLAS WINTHROP; KEKER & VAN NEST'S JOHN KEKER AND MGA'S IN-HOUSE COUNSEL, MR. CRAIG HOLDEN.

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JEROME FALK OF HOWARD RICE: "The public records of that litigation show that neither Mr. Winthrop nor I had nothing to do with that representation; in fact, I was unaware of it." SEE HERE

D E V E L O P I N G ...........IN PROGRESS.......DETAILS SOON.........

 

ANTITRUST TEAM From left, Thomas Girardi, Walter Lack and Eric George who represented the plaintiffs in the Hawaiian & Guamanian Cabotage Antitrust litigation, and while the disciplinary matter of In Re Girardi was pending before the Ninth Circuit.  Subsequently, in late 2010, a Ninth Circuit panel consisting of Justices William Fletcher , Marsha Berzon, and Randy Smith found that Lack and Girardi had committed grave misconduct which included "the persistent use of known falsehoods," and that the "false representations" were made "knowingly, intentionally, and recklessly" during years of litigation.

 

Eric George (Ronald George's son) is an active board member of Bet Tzedek. Previously, the State Bar of California – one of the entities engaging in the systemic abuse of Gottschalk – declined a request to disclose the amount of money it transferred to Bet Tzedek, as well as the amount of contributions it obtained from its members and related law firms. Unlike its foundation – the California Bar Foundation, which discloses financial transactions on a regular basis – the State Bar of California itself only discloses the names of the entities upon which it bestows money, and does not enumerate the dollar figures involved.

 

WINNIE THE POOH TEAM.  From left, Jerome Falk and Douglas Winthrop (of Howard Rice) and Eric George who handled a multimillion dollar litigation against the Walt Disney Company regarding unpaid royalties involving fictional character Winnie the Pooh.

Jerome Falk, acting as Special Prosecutor on behalf of the State Bar of California, repeatedly sought to subvert justice in examining attorney misconduct ( by Thomas Girardi and Walter Lack) in the litigation against Dole Food Company.

In his capacity as special prosecutor, and after reviewing the Ninth Circuit file, Falk chose to not file any disciplinary accusations against Walter Lack, stating that he believed Lack's misconduct was not intentional. See copy of letter from Jerome Falk to Walter Lack http://tinyurl.com/3s2tjxz

Shockingly, Jerome Falk failed to disclose that those he was suppose to prosecute (Thomas Girardi of Girardi & Keese and Walter Lack of Engstrom Lipscomb & Lack) were actually his and his firm's clients. See Here.

Messrs. Steve Cooley, Eric George (son of Ronald George), Mel Gibson

 

Former CJ Ronald George and Beth Jay. In his capacity as chief-justice, Ronald George was fully in control of the State Bar of California.  George is a descendent of Hungarian Jews.  Bet Tzedek has been involved in litigation to recuperate arts stolen from Hungarian Jews during World War II.

Singer Paul Anka serenades Former California Chief Justice Ronald George courtesy of Thomas Girardi of Girardi & Keese. (Image: courtesy of LA Lawyers Phil. )  According to the California Bar Journal, during the State Bar's annual meeting in Monterey last September, Girardi & Keese and Thomas Girardi had an orchestra, along with singer-songwriter Paul Anka, flown in to perform at a special reception for retiring Chief Justice Ronald George.

 

Pierce O'Donnell -- a former co-counsel in the El Paso Natural Gas/Sempra litigation, is under extreme scrutiny in matters relating to sham charity CaliforniaALL, The Leslie Brodie Report has learned.

Defendant Pierce O'Donnell presently the subject of criminal proceedings in federal court. These proceedings (United States of America v. Pierce O'Donnell) relate to alleged unlawful contributions to John Edwards; trial is set for January 2012.(Image: source)

CaliforniaALL, a 501(c)(3) charitable entity, was the brainchild of Ruthe Ashley (a Diversity Officer at CalPERS and Vice-President of the State Bar of California) and Peter Arth Jr., Chief of Staff to CPUC President Michael Peevey.

In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million from utility companies (AT&T, PG&E, Verizon, Sempra), including a sub-rosa contribution of $769,247.00 from the State Bar of California Foundation (DBA California Bar Foundation.)

CaliforniaALL was abruptly dissolved in June of 2010.

Sources with knowledge of the examination, speaking on condition of anonymity, maintain a red flag has been raised over O'Donnell due to the overall circumstances surrounding California Bar Foundation, CaliforniaALL, CPUC, utility companies,  and specifically due to O'Donnell's involvement in the El Paso/Sempra Litigation alongside James Brosnahan and Thomas Girardi.

Once Ashley assumed the position of CaliforniaALL's CEO, the Foundation of the State Bar of California (which is under the complete control of the BOG) made a quiet and unlawful transfer of approximately $780,000 from Cal Bar Foundation to CaliforniaALL. At the time of the transfer, the individuals controlling the Foundation were Holly Fujie, Girardi & Keese's Howard Miller, Howard Rice's Douglas Winthrop, Geoffrey Brown, Morrison & Foerster's Annette Carnegie, and a few others.

CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.

During its brief existence, CaliforniaALL obtained additional funding of close to $1.5 million from utility companies such as Verizon Wireless, Sempra, PG&E, and others.

As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where Joe Dunn serves as trustee and chair of the Audit Committee.

In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. In the same month and year, Joe Dunn publicly launched his online publication, "The Voice of OC." Public sources have stated that the Voice of OC was financed by various foundations, unions, and the like.

The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent unlawful transfer of $780,000 from the Cal Bar Foundation to CaliforniaALL were also involved in assisting Joe Dunn with the creation of "Voice of OC" has caused complainant to entertain the thought that "Voice of OC" may have been a recipient, at least in part, of the $780,000 misappropriated from the State Bar of California.

This belief is heightened given various events' proximity in time -- as noted above, Ruthe Ashley left CaliforniaALL in the same month Dunn launched "Voice of OC" (as though her mission had been completed). Moreover, the recent abrupt departure of Thomas Girardi and James Brosnahan from 'Voice of OC" ( as though they were fleeing the scene with guilty consciences), the refusal of SAL-UCI to disclose the amount it receive from CaliforniaALL, the simulated RFP, and CaliforniaALL's pre-selection of the UCI Foundation as a recipient of funds only reinforce this belief. This is heightened by Mr. Thomas Girardi's lack of credibility (pursuant to findings made by a panel of federal judges), and the friendship Dunn shares with him.

As we reported earlier, a red flag has been previously raised over James Brosnahan, Thomas Girardi, Voice of OC's Joe Dunn, and Geoffrey Brown.

See@

http://lesliebrodie.blog.co.uk/2011/11/23/voice-of-oc-orange-county-s-nonprofit-investigative-news-agency-subject-of-formal-complaint-referral-to-irs-for-alleged-noncompliance-with-tax-la-12207865/

And @:

http://lesliebrodie.blog.co.uk/2011/08/01/californiaall-part-17-the-voice-of-oc-11584572/

And @:

http://lesliebrodie.blog.co.uk/2011/02/28/californiaall-part-4-ex-cpuc-commissioner-geoffrey-f-brown-now-focus-of-probe-10721678/

CPUC 2006 press release, below.  Related story, please visit http://tinyurl.com/someotherdude

------------------------------------------------------------------------------------------------

FOR IMMEDIATE RELEASE

Media Contact: Terrie Prosper, 415.703.1366, news@cpuc.ca.gov

PUC ANNUAL DIVERSITY HEARING FOCUSES ON EXPANDING CONTRACTING OPPORTUNITIES IN LEGAL AND FINANCIAL SERVICES

Honorable Willie L. Brown, Jr. to Give Keynote Address at
Keeping California First in Diversity: Raising the Bar

SAN FRANCISCO, September 21, 2006 - The California Public Utilities Commission (PUC) will hold its Fourth Annual Diversity Hearing, "Keeping California First in Diversity: Raising the Bar," on Tuesday, October 3, 2006, featuring a keynote address from the Honorable Willie L. Brown, Jr.

The event will focus on ways to increase contracting opportunities between utilities and women, minority, and disabled veteran-owned businesses, specifically in the areas of financial, legal, architectural, and engineering services. The hearing will assess the status of diversity in procurement practices and identify areas for improvement. The Commission will frame the issues and seek feedback from participants to describe challenges and propose solutions. The event is free and a session for public comment will be included.

WHEN: Tuesday, October 3, 2006, 9 a.m. to 4 p.m.

WHERE: Hiram Johnson State Building

Milton Marks Auditorium

455 Golden Gate Ave., San Francisco

WHO: PUC Commissioners; the Honorable Willie L. Brown, Jr.; Senator Martha M. Escutia, Chair, Senate Energy Utilities and Communication Committee and Chair, California Latino Legislative Caucus; Gwen Moore, President and CEO of GeM Communications Group and Former Member of the California State Assembly; CEOs, CFOs, and General Counsels (or their designees) from California's largest utilities; and others - please see agenda below.

Please join us and register online at http://www.cpuc.ca.gov/events/RegisterIntro.asp?EventID=10.

If you need special accommodations for this public meeting, please make a request through the Public Advisor's Office by Sept. 28, 2006, by sending an email to public.advisor@cpuc.ca.gov or by calling 415-703-2074 (TTY 866-836-7825 or 415-703-5282), or by faxing to 415-703-1758 (please include "Attention Public Advisor").

For more information, please contact Sheri Boles, Assistant Public Advisor, at 415-703-2442 or sni@cpuc.ca.gov.

For more information on the Commission's Utility Supplier Diversity Program, please visit http://www.cpuc.ca.gov/static/supplierdiversity/index.htm.

For more information on the PUC, please visit www.cpuc.ca.gov.

###

Tentative Agenda

California Public Utilities Commission's

Fourth Annual Diversity Public Hearing

"Keeping California First in Diversity: Raising the Bar"

Tuesday, October 3, 2006

9 a.m. to 4 p.m.

Hiram Johnson State Building

Milton Marks Auditorium

455 Golden Gate Ave., San Francisco

9 a.m. Welcome and Opening Remarks

Michael R. Peevey, CPUC President

Senator Martha M. Escutia, Chair, Senate Energy Utilities and Communication Committee and Chair, California Latino Legislative Caucus

Gwen Moore, President and CEO of GeM Communications Group and

Former Member of the California State Assembly (1978-1994)

John Bohn, CPUC Commissioner

Geoffrey F. Brown, CPUC Commissioner

Rachelle Chong, CPUC Commissioner

Dian M. Grueneich, CPUC Commissioner

9:25 a.m. CPUC Staff Update and New Endeavors

Steve Larson, CPUC Executive Director

Linda Serizawa, CPUC Director, Consumer Service and Information Division

Utility Supplier Diversity Program

Language Access Services

Focus: Financial, Legal, Architectural, and Engineering Services

9:40 a.m. California Utilities Diversity Council (CUDC) Report

Introduction

José L. Pérez, Publisher, Latino Journal, CUDC Chair

Procurement

Joan Kerr, Executive Director, Supplier Diversity, AT&T, CUDC Member

Philanthropy

José L. Pérez, Publisher, Latino Journal, CUDC Chair

Customer Service and Marketing

Nancy Zarenda, Director, Spanish Language Academy (Rio International

Language Services), CUDC Vice-Chair

Governance

Frank Quevedo, Vice President, Southern California Edison, CUDC Member

Employment

Steve Leder, Director, Professional Staffing and Diversity, Pacific Gas and

Electric Company, CUDC Member

10:25 a.m. Keeping California First in Diversity: Raising the Bar

Alan J. Fohrer, Chief Executive Officer, Southern California Edison

Edwin A. Guiles, Chairman and Chief Executive Officer, Sempra Energy (San Diego Gas & Electric and Southern California Gas Company)

Tom King, Chief Executive Officer, Pacific Gas and Electric Company

Timothy McCallion, President - West Region, Verizon

Melba Muscarolas, Vice President and General Manager - San Francisco

Market Area, AT&T

11:15 a.m. Introduction of Keynote Speaker

Michael R. Peevey, CPUC President

11:20 a.m. Keynote Speaker

Honorable Willie L. Brown, Jr., The Willie L. Brown, Jr. Institute on Politics

and Public Service

11:50 a.m. Lunch

Provided by the Latino Journal, a magazine dedicated to public policy and

government from a Latino perspective

12:35 p.m. Legal Services - Panel Discussion: Strategies to increase business with diverse law firms, overcome impediments, and achieve long-term goals

Facilitator: Peter Arth, Jr., Chief of Staff to CPUC President Peevey

Elaine M. Duncan, Vice President, General Counsel - West Region, Verizon

Sanford Hartman, Vice President and Managing Director, Law, Pacific Gas and Electric Company

Stephen E. Pickett, Senior Vice President and General Counsel, Southern

California Edison

Sandra Sakamoto, General Attorney and Assistant General Counsel, AT&T

W. Davis Smith, Vice President and Associate General Counsel, Sempra Energy (San Diego Gas & Electric and Southern California Gas Company)

Senior Vice President and General Counsel, Sempra Energy Utilities

1:35 p.m. Financial Services - Panel Discussion: Strategies to increase business with diverse financial institutions, overcome impediments, and achieve long-term goals

Facilitator: Peter Arth, Jr., Chief of Staff to CPUC President Peevey

Chris Johns, Senior Vice President, Chief Financial Officer and Treasurer,

Pacific Gas and Electric Company

Joan T. Jones, Vice President - Finance and Treasurer, Sempra Energy

(San Diego Gas & Electric and Southern California Gas Company)

Lori Lee, Vice President - Finance, Treasurer and Chief Financial Officer, AT&T

Terri L. Maria, Director, Financial Planning and Analysis - West Region, Verizon

Henry Mendoza, Chairperson, California Hispanic Chambers of Commerce

Managing Partner, Mendoza Berger Company, L.L.P.

Thomas M. Noonan, Senior Vice President and Chief Financial Officer,

Southern California Edison

California Public Employees' Retirement System Representative (INVITED)

2:50 p.m. Statewide Small Business Expos

John Bohn, CPUC Commissioner

3 p.m. The Greenlining Institute Report

Paul H. Turner, Senior Program Manager, Claiming Our Democracy

The Greenlining Institute

3:10 p.m. Public Comment

3:30 p.m. Closing Remarks

Michael R. Peevey, CPUC President

IN RE HAWAIIAN & GUAMANIAN CABOTAGE ANTITRUST

647 F.Supp.2d 1250 (2009)

In re HAWAIIAN & GUAMANIAN CABOTAGE ANTITRUST LITIGATION.
This Document Relates to: All Cases.
No. 08-md-1972 TSZ.
United States District Court, W.D. Washington, at Seattle.

August 18, 2009.

PARTIAL LIST

Guido Saveri, Richard Alexander Saveri, Saveri & Saveri Inc., Joseph M. Alioto, Alioto Law Firm, Christopher L. Lebsock, Jon T. King, Michael Lehmann, Arthur N. Bailey, Hausfeld LLP, Craig C. Corbitt, Francis Onofrei Scarpulla, Patrick Bradford Clayton, Zelle Hofmann Voelbel Moason & Gette LLP, Joseph Marid Patane, Law Office of Joseph M. Patane, Lauren Clare Russell, Mario Nunzio Alioto, Trump Alioto Trump & Prescott LLP, San Francisco, CA, Dennis Stewart, Jennifer Anne Kagan, Sarah Pickeral Weber, Hullett Harper Stewart LLP, Christopher M. Burke, Scott & Scott LLP, Bonny E. Sweeney, David W. Mitchell, Thomas J. O'Reardon, II, Coughlin Stoia Geller Rudman & Robbins, San Diego, CA, J. Paul Sizemore, Jennifer Lenze, Thomas V. Girardi, Girardi & Keese, Edward Woords, Drier Stien Kahabrowne Woods George, Walter J. Jack, Engstrom Lipscombe & Lack, Brian S. Kabateck, Richard L. Kellner, Kabateck Brown Kellner LLP, Peter George Safirstien, Jeff S. Westerman, Milberg, Los Angeles, CA, Steve W. Berman, Anthony D. Shapiro, Ronnie S. Spiegel, Hagens Berman Sobol, Emillia L. Sweeney, Carney Badley Spellman, Seattle, WA, Christina L. Beatty-Walters, N. Robert Stoll, Stoll Stoll Berne Lokting Shlacter, Portland, OR, Ara Ray Jabagchourian, Joseph W. Cotchett, Nanci E. Nishimura, Steven Williams, Stuart G. Gross, Cotchett Pitre Simon and McCarthy, Burlingame, CA, Eric M. George, Michael A. Bowse, Drier Stien Kahan Growne Woods George LLP, Beverly Hills, CA, Norman E. Siegel, Stueve Siegle Hanson LLP, Kansas City, MO, Paul Novak, Milberg LLP, Detroit, MI, John Charles Evans, Specter Specter Evans & Manogue PC, Pittsburgh, PA, Derek G. Howard, Gilmur Roderick Murray, Murray & Howard LLP, Larkspur, CA

Eric Chase Roberson, McGuire Woods, LLP, Jacksonville, FL, for Alpha Freight & Transport International, Inc., Horizon Lines, LLC, Horizon Logistics, LLC, Crowley Maritime Corporation.

George A Nicoud, III, Joel Steven Sanders, Rachel S. Brass, Rebecca Justice Lazarus, Darin M. Sands, Gibson Dunn & Crutcher, San Francisco, CA, Amy B. Manning, Angelo M. Russo, Richard J. Rappaport, Tammy L. Adkins, Mcguire Woods, Chicago, IL, Craig D. Bachman, Lane Powell, Portland, OR, Darrel Christopher Menthe, Mcguire Woods LLP, Los Angeles, CA, Larry Steven Gangnes, Milo Petranovich, James B. Stoetzer, Lane Powell PC, Seattle, WA, James W McCready, III, Seipp Flick & Kissane, Miami, FL, Cristine M. Russell, Rogers Towers, PA, James M. Riley, Rogers Towers, PA, Scott David Richburg, Foley & Lardner, LLP, Jacksonville, FL, Timothy Joseph Armstrong, Coral Gables, FL, for Matson Navitgation Co Inc., Alexander & Baldwin Inc., Horizon Lines, LLC, Horizon Lines Holding Co., Crowley Maritime Corporation, Sea Star Lines, LLC, Trailer Bridge, Inc., Crowley Liner Services, Inc.
Brent Snyder, John Terzaken, III, Michael L. Whitlock, U.S. Dept of Justice, Anittrust Division, National Criminal Enforcement Section, Washington, DC, for John Terzaken.

THOMAS S. ZILLY, District Judge.

THIS MATTER comes before the Court on defendants' joint motion, docket no. 86, to dismiss the Consolidated Class Action Complaint, docket no. 69 (the "Consolidated Complaint"), pursuant to Rule 12(b)(6). The Court has reviewed all papers filed in support of and in opposition to the motion and has considered the oral arguments of counsel presented on July 29, 2009.

Continue @:
http://www.leagle.com/xmlResult.aspx?xmldoc=20091897647cefsupp2d1250_11815.xml

 

 

 

 

 

 

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B R E A K I N G..... N E W S............D E V E L O P I N G...........

*The Leslie Brodie Report (TLR) urges the readers to exercise caution and not jump to conclusions regarding misconduct by anyone.

We are carefully following a major developing story out of California relating to Bet Tzedek, Ronald George, Eric George, Beth Jay, Howard Miller, CaliforniaALL, Steve Poizner, Thomas Girardi, Alan Rothenberg, Phil Kay, Ron Gottschalk in connection with several members of San Francisco-based Howard Rice Nemerovsky Canday Falk and Rabkin.

Sources close to Marina Del Ray-based legal scholar Dan Dydzak, speaking on condition of anonymity, maintain the multi-prong probe is rapidly expanding and encompasses broader inquiries than had been acknowledged, with "major breakthroughs" the sources describe as "alarming."

 

Messrs. Jerome Falk, Douglas Winthrop and Steven Mayer of Howard Rice. (Photo:courtesy)

 

Mr Alan Rothenberg -- "The Banker"

 

Beth Jay - "The Fixer",  Jill Sperber -"SP-OP", Candice Bergen,  Jeff Bleich -"Renaissance Man". Bleich, a WASP Wannabe stated: "I'd like to meet somebody who looks like Candace Bergen and I'd like to move to California." See Here.

TLR has also learned that special consideration is afforded to the examination of a relationship, if any, between Ronald George and former State Bar of California president and Chairman and Chief Executive Officer of 1st Century Bank Alan Rothenberg.

Similarly, an examination is continuing into the relationship between Eric George, Howard Rice Nemerovsky Canday Falk and Rabkin, and Girardi & Keese in matters relating to multimillion dollar litigation against the Walt Disney Company regarding unpaid royalties involving fictional character Winnie the Pooh.

Separately, sources maintain:

- State Bar of California refuses to disclose amounts of contribution to Bet Tzedek.

- State Bar of California refuses to disclose amounts of contribution it obtains through "voluntary contributions" from members.

- Cease & Desist soon to be delivered to State Bar's Joe Dunn and Bet Tzedek.

- Sources alluded to "Declaration of Arthur Margolis."

- Bet Tzedek part of Jewish Federation of Los Angeles.

- Douglas Winthrop, Jeannine English, Nancy Fineman, Howard Miller, Judith Epstein, Jill Sperber, Eric George,      Beth Jay, Mike Feuer, Laura Chick --  all with various ties to a Jewish federation or Bet Tzedek.

 

Singer Paul Anka serenades Former California Chief Justice Ronald George courtesy of Thomas Girardi of Girardi & Keese. (Image: courtesy of LA Lawyers Phil. )

 

(image:courtesy photo)

Pierce O'Donnell ("O'Donnell”) is an attorney and former named-partner in O'Donnell & Shaeffer. He is purportedly both well-known and well-respected, and is a current named-partner at O'Donnell & Associates.

O'Donnell has been involved in countless legal proceedings involving his numerous acts of misconduct, described briefly below:

1. Criminal proceedings in the Los Angeles County Superior Court relating to unlawful contributions to James Hahn.

2. State Bar of California Court proceedings relating to his conviction of crimes involving moral turpitude in the Los Angeles County Superior Court.

3. State Bar of California alternative proceedings relating to his mental illness (O'Donnell failed to comply with the conditions of the program and his participation was terminated).

4. Administrative proceedings advanced by both the City of Los Angeles and the State of California.

5. State Bar of California Court proceedings relating to his attempt to mislead a Nevada state court.

6. Ongoing criminal proceedings in federal court. These proceedings (United States of America v. Pierce O'Donnell) relate to alleged unlawful contributions to John Edwards; trial is set for January 2012.

One factor leading to the State Bar of California's ethical and moral collapse—which allowed the Girardi machinery (including the involvement of Thomas Girardi with Skadden Arps, Morrison & Foerster, and DLA Piper) to operate with impunity – was provided courtesy of individuals who fall into two categories: minorities (who usually obtain indirect financial benefits vis-à-vis contributions to ACORN-like entities) and/or close political allies of the Democratic party , to wit: Judy Johnson, Mike Nisperos, Holly Fujie, Madge Wattai, Laura Chick, Lucy Armednariz, Ming Chin, Jeffrey Bleich, Gwen Moore (member of RAD Committee), Judith Epstein, Patrice McElroy, Ronald Stovitz, Jon Steeter, Alec Chang, and JoAnn Remke.

Events surrounding O'Donnell are no exception and repeat a familiar pattern; they also fall squarely within TLR's originally-stated purpose, which is to expose corruption in connection with the original "60 Day Suspension Scandal," wherein an attorney with a prior criminal history engaged in a pogrom in a San Francisco synagogue, yet was only suspended for 60 days due to his political connections within the Democratic party, courtesy of Judy Johnson, Donald Steedman, JoAnn Remke, and former-crack-addict Mike Nisperos – for whom Thomas Girardi served as "mentor."

O'Donnell's participation (alongside Thomas Girardi , Walter Lack, Joe Cotchett, and James Brosnahan) in the El Paso/Sempra Energy and Hurricane Katrina litigation is a source of grave concern, particularly due to circumstances involving sham charity CaliforniaALL and in connection with former CPUC Commissioner Geoffrey Brown; James Brosnahan/Susan Mac Cormac of Morrison & Foerster; Thomas Girardi and Howard Miller of Girardi & Keese, Joe Cotchett and Nancy Fineman of Cotchett Pitre & Mcarthy; Joe Dunn of Voice of OC; and the hush-hush sub rosa transfer of $780,000 from the California Bar Foundation to CaliforniaALL.

In Part 1, we covered O'Donnell's unlawful participation in a scheme to raise money for James Hahn, as well as related State Bar of California Court proceedings. Despite his conviction for crimes involving moral turpitude, O'Donnell was suspended from the State Bar for a period of only 60 days after he was dropped from a State Bar sponsored program relating to his attempt to create a nexus between his criminal conduct and his mental illness.

Mr Pierce O'Donnell (Image: source)

PIERCE O'DONNELL'S FRAUD ON NEVADA STATE COURT

On October 13, 2009, O'Donnell submitted an application to the District Court of Clark County, Nevada, seeking to be associated as counsel for the defendant in the case entitled State of Nevada v. Watanabe, Case No. C254057.

On his application, O'Donnell represented that he was not subject to any disciplinary proceedings by any organization; he did not disclose on the verified application the pending disciplinary proceedings in California stemming from the crimes of which he was convicted.

O'Donnell withheld this information even though he had already stipulated that, even if he completed the ADP with respect to his mental illness, the State Bar of California would nevertheless impose professional sanctions in the form of a two-year stayed suspension, and two-years probation.

The prosecutor in the Watanabe case learned of O'Donnell's disciplinary proceedings and brought them to the attention of the Nevada court. On November 2, 2009, O'Donnell appeared before the Clark County District Court for a continued hearing on the motion to associate him as counsel.

In furtherance of his planned scheme to defraud the Nevada Court, and in response to questions about the disciplinary proceedings pending in the California State Bar Court, O'Donnell falsely represented to the Clark County District Court judge that he had worked out a diversionary resolution in lieu of discipline and that there would be no suspension, stay of suspension, fine, sanction or other limit on his ability to practice law; O'Donnell also asserted that he would not be disciplined publicly, privately, or otherwise, even though he had stipulated in the California Bar Court proceedings that he would receive the two-year stayed suspension and two-years probation.

CALIFORNIA BAR PROCEEDINGS INVOLVING O'DONNELL'S FRAUD IN NEVADA

In essence, O'Donnell attempted to defraud the Nevada court twice – once on his written application, and the second time during the oral hearing.  He twice he repeated the same set of lies, hoping he could get away with it.

Left with no choice but to take action upon the referral of the events which took place in Nevada, the California State Bar filed a new set of accusations against O'Donnell (in addition to the matter involving O'Donnell's crimes, for which was suspended for 60 days).

 

O'Donnell once again stipulated that his misconduct was intentional, and that he indeed had intended to mislead the Nevada court.

Incredibly, O'Donnell was once again suspended for only 60 days.

Letter from Jerome Falk to Complainant, please see Here. Complainant relpy, below:

Dear Mr. Falk:

Thank you for replying to my letter of November 13th, 2011 This will serve as a reply.

In your letter dated December 7, 2011, you attempt again to defraud and mislead in your attempt to avoid responsibility for your repugnant and deceitful actions taken in connection with your actions as a special prosecutor on behalf of the State Bar of California against two of your and your firm's clients -- Girardi & Keese and Engstrom Lipscomb & Lack (and by operation of law, Thomas Girardi and Walter Lack), as part of a scheme to exploit your authority for financial gain.

By analogy, rather than acknowledging that you were caught with your hand in the cookie jar, you seek to bamboozle the unwary by stating that it wasn't actually your hand in the cookie jar but, rather, only your fingers, and in any event it wasn't a jar but, rather, a plastic container which you contend doesn't qualify as a jar. Therefore, you devote an entire paragraph proclaiming, "Your allegations are false." You conclude by placing me on "notice" that my allegations are "false."

The contents of your communication are unethical in the extreme, as well as entirely frivolous factually, legally, and by operation of law, to wit:

You claim, "In fact, I wasn't aware of it" (referring to the fact that you and your firm had represented Girardi & Keese and ELL). While you acknowledge your firm (Howard Rice) did represent Girardi & Keese and ELL from 2006 to 2008 , you assert that you were not aware of this representation. Simply put, your assertion is false; it is simply implausible that for two entire years you were unaware that your firm represented such celebrity/famous/notorious attorneys such as Thomas Girardi, Walter Lack, and Pierce O'Donnell.

This is particularly true since you are a member of Howard Rice's "attorney liability" group, which consists of between 7-9 attorneys (including your colleagues Sean SeLegue, Pamela Phillips, and Steve Mayer), and the subject matter of the litigation was a suit advanced against Girardi & Keese, ELL, and O'Donnell for legal malpractice in connection with alleged attorney misconduct in the litigation involving El Paso Natural Gas/Sempra Energy, a series of cases which received significant publicity.

I am also hard-pressed to believe that you were unaware of the estimated $250,000 retainer Girardi & Keese and ELL paid to your firm (money which paid your and your colleagues' salaries), and that no one ever discussed this matter with you for purposes of addressing legal strategy or legal issues in person or during meetings.

Most importantly, in your letter to Robert Baker you acknowledge that you had interviewed Walter Lack. Again, you ask me to believe that Walter Lack did not mention the fact that Howard Rice represented him and his firm only one year prior to your meeting.

The fact that Walter Lack did not speak up during the interview with you is just too convenient, and is further circumstantial evidence that you and he both knew of the prior representation, and chose to nevertheless further continue with the conspiracy to obstruct justice for financial gain, to the detriment of the public and the proper administration of justice.

Mr. Jerome Falk of Howard Rice, an appellate specialist with a mercurial personality. In 2008, during an interview with a legal publication, Mr. Falk stated while describing some opposing counsel, "I would do anything to squash them. So those cases don't settle. You just want to rip their throats out.” After visiting Vietnam, Mr. Falk joined East meets West, an organization dedicated to improving the lives of children in Vietnam. (Photo:courtesy of Vietnam, East meets West)

Your claim that Ethan Schulman took the file with him when he left Howard Rice is also suspect, as I am confident that records of transactions were and remain on Howard Rice's computer system, including the computerized conflict check system.

Moreover, the fact that Mr. Schulman has left the firm is immaterial. Courts have held that even where the attorneys in a firm who had been primarily responsible for the representation of a client had left the law firm, there was a rebuttable presumption that they had shared client confidences with lawyers remaining with the law firm. See generally Elan Transdermal Ltd. v. Cygnus Therapeutic Systems (N.D. Cal. 1992) 809 F.Supp. 1383.

Similarly, your alleged present recollection is immaterial. See generally Civil Service Com. v. Superior Court (1984) 163 Cal.App.3d 70, 79), particularly given the rule that creates a presumption that lawyers in the same firm will confer on their cases and exchange confidences.

Even if I were to accept that you and your firm did not represent Walter Lack and Thomas Girardi, and only represented the firms of Girardi & Keese and ELL (which I do not), your absurd argument still fails.

The findings of grave misconduct by the Ninth Circuit in the matter of In Re Girardi, as well as the sanctions imposed, were directed not just at Walter Lack and Thomas Girardi , but also at their law firms -- your and your firm's clients, Girardi & Keese and ELL. In fact, both Girardi & Keese and ELL were considered to have been "respondents" and were represented by counsel Robert Baker, Diane Karpman, and your MGA and Gennetech confederate -- Thomas Nolan of Skadden Arps.

Since you concede that Girardi & Keese and ELL were clients of your firm, and the Ninth Circuit made findings against Girardi & Keese and ELL, it was improper for you to accept the appointment at issue. This is especially true given fiduciary duties you owe Girardi & Keese and ELL -- including the duties of loyalty and confidentiality -- as well as the requirement that you obtain a waiver from a client in instances in which you may take a position adverse to them.

This last prong is a bit unusual when applied to the present facts, as it differs from the usual scenario wherein an attorney has a financial incentive to be adverse to a former client. Here, and as the facts clearly provide, you had a financial incentive to not prosecute, as well as an additional incentive to not prosecute since such would have exposed you to professional discipline.

Lastly, even though plaintiff Robert Copple only named the firms and not the partners as defendants, Thomas Girardi and Walter Lack are still considered to have been your and Howard Rice's clients by operation of law. For example If anyone would ask Howard Rice to disclose communications with Girardi & Keese regarding the suit and the representation, Howard Rice would certainly assert the attorney-client privilege.

Likewise, if Howard Rice were asked to disclose communications between itself and Thomas Girardi relating to the litigation, Howard Rice would, again, assert the attorney-client privilege with respect to Thomas Girardi; similarly, both Girardi & Keese and Thomas Girardi would do the same. As such, it is disingenuous for you to attempt to argue that these individuals were not clients of you and your firm.

Thank you for your time. Please do not hesitate to contact me if you have any questions.

FOR IMMEDIATE RELEASE PRESS RELEASE Media Contact: Terrie Prosper, 415.703.1366, news@cpuc.ca.gov

GOVERNOR, ATTORNEY GENERAL, AND CPUC ANNOUNCE $400 MILLION ENERGY CRISIS SETTLEMENT WITH SEMPRA ENERGY

SAN FRANCISCO, April 28, 2010 - Governor Arnold Schwarzenegger, Attorney General Edmund G. Brown Jr., and the California Public Utilities Commission (CPUC) today announced a $400 million settlement with San Diego-based Sempra Energy of litigation arising out of the Energy Crisis of 2000-2001. The settlement resolves a series of lawsuits and claims the Attorney General, the CPUC, and other California parties brought against Sempra before the courts and federal regulators.

"This settlement closes another chapter on California's energy crisis," said Governor Schwarzenegger, whose Administration has negotiated more than $3.2 billion in settlements with various energy companies who reaped unjust profits during 2000 and 2001. "The people of California deserve affordable and reliable energy supplies. I will continue to fight to ensure lower prices for residents and businesses across California as we move forward with important policies, like the Renewables Portfolio Standard, that will create greater reliability and more sustainable energy supplies."

"The settlements," said Brown, "will put hundreds of millions of dollars back into the pockets of California energy consumers who suffered blackouts and great economic harm during the energy crisis."

The Schwarzenegger Administration has worked with the California Attorney General's Office, the CPUC, the California Electricity Oversight Board, the California Department of Water Resources, Pacific Gas and Electric Company, San Diego Gas and Electric Company, and Southern California Edison to recover excess electricity costs for California ratepayers.

"After nearly a decade of litigation, I am proud to announce this settlement with Sempra Energy. At a time when families in California are hurting from the economic recession, this settlement will help offset energy bills for consumers throughout the State," said CPUC President Michael R. Peevey. "I appreciate Sempra's cooperation in reaching this beneficial settlement."

Sempra Energy is a diversified energy company. The settlement involves Sempra's power plants and an energy trading company - Sempra Generation and Sempra Commodities. Both Sempra subsidiaries participated in the wholesale electricity markets in California during the Energy Crisis, when power prices spiked to record high levels. It is these two companies that will pay the $400 million refund to California consumers. Sempra also owns San Diego Gas and Electric Company and Southern California Gas Company.

"Today's settlement brings to $700 million the total amount of compensation paid by Sempra to electricity consumers in California to settle claims against Sempra arising out of the Energy Crisis," said President Peevey. "The proceeds of this all-cash settlement will flow to the customers of Pacific Gas and Electric Company, Southern California Edison, and San Diego Gas and Electric Company."

In an earlier 2005 settlement of a different lawsuit, Sempra gave approximately $300 million in price concessions to California for its Energy Crisis power sales.

The parties to the Sempra settlement include the Attorney General, the CPUC, Southern California Edison, and Pacific Gas and Electric Company. The settlement requires the approval of the Federal Energy Regulatory Commission. The CPUC approved the settlement at its April 22, 2010, meeting.

"We are pleased to put this litigation behind us," said Donald E. Felsinger, Chairman and Chief Executive Officer of Sempra Energy. "We believe this is a fair and reasonable outcome for both our shareholders and the State of California."

For more information on the CPUC, please visit www.cpuc.ca.gov.

SEMPRA ENERGY PRESS RELEASE, BELOW:

SAN DIEGO, Oct. 13, 2006 – Sempra Energy and its California utilities, San Diego Gas & Electric (SDG&E) and Southern California Gas Co. (SoCalGas), today announced the settlement of a lawsuit brought by the California Public Utilities Commission (CPUC) and California Attorney General related to service curtailments of certain industrial SDG&E natural gas customers in 2000-01. The settlement also resolves two CPUC investigations related to the price of natural gas and affiliate-compliance issues.

As part of the settlement, Sempra Energy and its utilities deny any wrongdoing.

The estimated after-tax cost of the settlement is less than $5 million and will not have a material effect on the company's 2006 earnings.

"Virtually every energy company doing business in California during the energy crisis has been the subject of litigation and regulatory probes," said Neal E. Schmale, president and chief operating officer of Sempra Energy. "Removing the financial uncertainties of these energy-crisis-related cases allows us to keep our attention focused on building the new energy infrastructure required to meet the current and future needs of our customers. We look forward to resolving the remainder of these cases."

Major provisions of the settlement are:

SDG&E has an option to purchase, subject to the approval of the CPUC and the Federal Energy Regulatory Commission, the 480-megawatt El Dorado Energy power plant in Boulder City, Nev., in 2011 for book value, which will be approximately $180 million. The natural gas-fired plant is owned by Sempra Generation, a non-utility affiliate of SDG&E. The original cost of the plant when it went into operation in May 2000 was about $280 million. The decisions by SDG&E and the CPUC as to whether the option should be exercised are expected to be made in 2007.

Sempra Energy will pay approximately $5.7 million to SDG&E electricity customers over a two-year period, beginning in 2009, to reduce SDG&E's electric-procurement costs.

SDG&E and SoCalGas together will pay the California Attorney General a total of $2 million to offset legal costs. One of the required conditions of the agreement is that, within 90 days, the CPUC closes its investigation into higher prices for natural gas at the California border in 2000-01 and an investigation into affiliate-compliance issues. The closing of the border price investigation will ensure that SoCalGas and SDG&E retain regulatory incentive awards, previously recorded as income, that were subject to refund in the CPUC proceeding.

The case being settled, related to curtailment of natural gas service, was pending in San Diego County Superior Court.

The settlement does not cover the California Attorney General's November 2005 litigation against Sempra Commodities. Sempra Energy (NYSE: SRE), based in San Diego, is a Fortune 500 energy services holding company with 2005 revenues of $11.7 billion. The Sempra Energy companies' 14,000 employees serve more than 29 million consumers in the United States, Europe, Canada, Mexico, South America and Asia.

This press release contains statements that are not historical fact and constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. When the company uses words like "believes," "expects," "anticipates," "intends," "plans," "estimates," "may," "would," "should" or similar expressions, or when the company discusses its strategy or plans, the company is making forward-looking statements.

Forward-looking statements are not guarantees of performance. They involve risks, uncertainties and assumptions. Future results may differ materially from those expressed in the forward-looking statements. Forward-looking statements are necessarily based upon various assumptions involving judgments with respect to the future and other risks, including, among others: local, regional, national and international economic, competitive, political, legislative and regulatory conditions and developments; actions by the California Public Utilities Commission, the California State Legislature, the California Department of Water Resources, the Federal Energy Regulatory Commission and other regulatory bodies in the United States and other countries; capital markets conditions, inflation rates, interest rates and exchange rates; energy and trading markets, including the timing and extent of changes in commodity prices; the availability of natural gas; weather conditions and conservation efforts; war and terrorist attacks; business, regulatory, environmental, and legal decisions and requirements; the status of deregulation of retail natural gas and electricity delivery; the timing and success of business development efforts; the resolution of litigation; and other uncertainties, all of which are difficult to predict and many of which are beyond the control of the company. These risks and uncertainties are further discussed in the company's reports filed with the Securities and Exchange Commission that are available through the EDGAR system without charge at its Web site, www.sec.gov and on the company's Web site, www.sempra.com.

Sempra LNG and Sempra Pipelines & Storage are not the same companies as the utilities, SDG&E or SoCalGas, and are not regulated by the California Public Utilities Commission. Sempra Energy Trading, doing business as Sempra Commodities, and Sempra Generation are not the same companies as the utilities, SDG&E or SoCalGas, and the California Public Utilities Commission does not regulate the terms of their products and services.

Image: courtesy source

In the interest of ethical journalism, and as public service to the community, The Leslie Brodie Report publishes*  communication from Howard Rice's Jerome Falk to Complainant, below: (end hair-splitting, see above)

I received your November 13 email concerning my participation in the State Bar's investigation of Walter J. Lack, Thomas V. Girardi and other attorneys. It is filled with disparaging characterizations, all of which seem to stem from your allegations that I or my firm have represented Mr. Lack and Mr. Girardi.

Your allegations are false.

I have never represented either person, or their firms. Neither has Douglas Winthrop. Nor has my firm ever represented Mr. Lack or Mr. Girardi.

From 2006-2008, my firm represented several law firms, including Engstrom, Lipscomb & Lack and Girardi & Keese, in a litigation matter. The public records of that litigation show that neither Mr. Winthrop nor I had nothing to do with that representation; in fact, I was unaware of it. The public records also show that my firm represented the law firms, but did not represent Mr. Girardi or Mr. Lack. The attorney responsible for that representation had left Howard Rice and taken the files with him before I was asked to serve as Special Deputy Trial Counsel in the State Bar matter.

You are on notice that your allegations are false. The falsity of those allegations can be determined from the public records of the litigation in question.

Jerome B. Falk, Jr.

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Letter from Jerome Falk to Walter Lack, Below:

 

 

For reply to the above, please see @:

http://lesliebrodie.blog.co.uk/2011/12/13/ninth-circuit-court-of-appeal-matter-of-in-re-thomas-girardi-adjudicated-by-marsha-berzon-n-rabdy-smith-william-fletcher-jerome-falk-howard-rice--12300044/

DEVELOPING.......

The Chairman of the California Democratic Party, former-cocaine-addict, sordid sexual harasser, and the man who resorted to engaging in "platonic sex with friends, lesbians and straight, whatever," appeared recently on The Daily Show.

During the candid and informative interview -- Mr John Burton -- voiced his concerns of California's referendum process, which according to him is "totally f***ed up.”

John Burton and The Daily Show's John Oliver.

Touching on current events, Burton spoke about his efforts to promote the imposition of sales-tax on those who conduct business via the internet.

With respect to his bodily functions, Burton explained why he boycotts online-retailer Amazon. See below.

Credit:  http://www.geekwire.com/2011/geek-humor-foulmouthed-california-politician-refuses-kindle

Burton: "Why the **** should Amazon skate when we have a state where we are shutting down schools, shutting down hospitals, firing teachers, firing cops, firing firemen, screwing mental health people — because they don't want to have a god damned sales tax like everybody else.”

Oliver replied in his classic deadpan: "It is the American dream. You work hard. You make millions, then you can have a voice.”

Burton: "You got to be kidding me.”

Oliver: "It is what this country is built on.”

Burton: "My daughter gave me a Kindle for my birthday present, and I will not use it because of these god damned people at Amazon. I go to my bookstore, buy a god damned book, and sit and read it. It is that simple. I can read it taking a crap, as opposed to looking at a Kindle or a computer taking a crap.”

Charles Siller (represented by Frank Pitre of Cotchett, Pitre & McCarthy) prosecuted litigation which settled for $10 million cash and $20.5 million in property to be transferred to CWS Enterprises, Inc. ("CWS”), which Siller owns.

Later, Siller tried to renegotiate their contingent fee agreements. When Pitre and Co-Counsel declined to reduce their fees, Siller discharged them.

Pitre and Co-Counsel jointly demanded arbitration, and subsequently were awarded $9,150,437.90 and $2,497,325.07, respectively.

Mr Jim Wagstaffe of Kerr & Wagstaffe.  In the above, Mr Wagstaffe offers his students legal counsel on how to avoid a traffic ticket. Wagstaffe urged the students to deceive law enforcement personnel.  He stated: "Do what I do, put a CHP magazine in your car, so they think you are one of them."

A state court confirmed the arbitration award and entered judgment against Siller/CWS, whereupon Siller/CWS, defiant, each sought protection under chapter 11 of the Bankruptcy Code.

Pitre and co-counsel both filed claims ("Pitre claim”). Siller in his own case, and David Flemmer (trustee for CWS) object to the Pitre Claim arguing it exceeds the "reasonable value” of the services rendered by Pitre and Co-Counsel.

Not so, argue Pitre and Co-Counsel. The reasonable value of the services rendered to Siller/CWS has already been adjudicated by a California court, and is therefore binding on the Bankruptcy Court pursuant to the Full Faith and Credit Clause and principles of Res Judicada and Collateral Estoppel.

Judge agrees with Siller and Flemmer, ruling that California law cannot trump the Bankruptcy Code per the Supremacy Clause.

With Civ Pro on his mind, Flemmer (represented by the Sacramento office of DLA Piper -- former host of CaliforniaALL) invites James Wagstaffe to testify as an expert witness as to the "reasonable value” of the services rendered by Pitre and Co-Counsel.

See below press-release from law-firm originally known as Kause & Kerr.

IN RE TOYOTA MOTOR CORP.
754 F.Supp.2d 1208 (2010)
In re TOYOTA MOTOR CORP. UNINTENDED ACCELERATION MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION
This document relates to: All personal liability/wrong death cases.
Case No. 8:10ML 02151 JVS (FMOx).
United States District Court, C.D. California.

December 9, 2010.

PARTIAL LIST:

Daniel H. Chang, Diversity Law Group APC, Edward Wonkyu Choi, Choi & Associates Law Offices, Gretchen M. Nelson, Kreindler & Kreindler LLP, Thomas Girardi, Girardi & Keese, Dana B. Taschner, Lanier Law Firm, Marc M. Seltzer, Ryan C. Kirkpatrick, Steven G. Sklaver, Susman Godfrey LLP, Brian R. Strange, Gretchen Carpenter, John Peter Ohanesian, Strange and Carpenter, Lionel Zevi Glancy, Michael M. Goldberg, Glancy Binkow & Goldberg LLP, Mark John Geragos, Shelley Kaufman, Tamar G. Arminak, Geragos & Geragos, Lee M. Gordon, Elaine T. Byszewski, Hagens Berman Sobol Shapiro LLP, Edward A. Woods, Eric M. George, Michael A. Bowse, Browne Woods George LLP, Joel E. Elkins, Jordan L. Lurie, Weiss and Lurie, Christopher M. Burke, Hal D. Cunningham, Scott & Scott LLP, Jerome L. Ringler, Paul Alvarez, Paul G. Szumiak, Thomas A. Kearney, Ringler Kearney Alvare, Roger A. Cerda, Alston & Bird LLP, Los Angeles, CA,Behram V. Parekh, Heather Marie Peterson, Michael L. Kelly, Kirtland and Packard, El Segundo, CA, Ben Barnow, Barnow & Associates PC, Kenneth A. Wexler, Wexler Wallace LLP, Aaron J. Bryant, The Bryant Law Group, Chicago, IL, Gene J. Stonebarger, Stonebarger Law, APC, Folsom, CA, David M. Arbogast, Jeffrey K. Berns, Arbogast & Berns LLP, Woodland Hills, CA, H. Scott Leviant, Ira R. Spiro, Spiro Moss LLP, Los Angeles, CA, Mark P. Robinson, Jr., Daniel S. Robinson, Karren Schaeffer, Michelle M. West, Scot D. Wilson, Robinson Calcagnie & Robinson, James B. Hardin, Adam T. Hoover, Marc G. Reich, Reich Radcliffe & Kuttler LLP, Newport Beach, CA, Thomas Joseph O'Reardon, II, Timothy G. Blood, Blood Hurst & O'Reardon LLP, Samuel M. Ward, Stephen R. Basser, Barrack Rodos & Bacine, Alan M. Mansfield, The Consumer Law Group, Daniel J. Mulligan, Thomas A. Jenkins, Jenkins Mulligan & Gabriel LLP, Georgiy B. Lyudyno, Ronald A. Marron, Ronald A. Marron Law Offices APLC, James Robert Hail, John A. Lowther, IV, William James Doyle, II, Doyle Lowther, San Diego, CA,Thomas J. Murray, Thomas J Murray & Associates Inc., James L. Murray, John T. Murray, Dennis E. Murray, Jr., Margaret M. Murray, Murray & Murray, Sandusky, OH, Elizabeth Joan Cabraser, Nimish R. Desai, Robert J. Nelson, Todd A. Walburg, Lieff Cabraser Heimann and Bernstein LLP, Rosemary M. Rivas, Tracy Tien, Finkelstein Thompson LLP, Derek G. Howard, Gilmur R. Murray, Brad Yamauchi, Jack W. Lee, Minami Tamaki LLP, Cadio Zirpoli, Guido Saveri, Melissa C. Shapiro, R. Alexander Saveri, Saveri & Saveri Inc., San Francisco, CA

The Leslie Brodie Report (TLR) is carefully following a major developing story out of California relating to State Bar of California Board of Governor member Laura Chick.

Sources with knowledge of the probe, speaking on condition of anonymity, maintain the multi-prong probe is rapidly expanding and encompasses broader inquiries than had been acknowledged up to now.

In addition, a red flag continue to fly over Sheldon Sloan, Ronald George, Laura Chick, and Robert Chick -- CEO of a Burbank-based legal malpractice insurance carrier known as Lawyer's Mutual Insurance Company.

MGA Team -- Counsels Who Represented Defendant MGA ("Bratz Dolls".) From Left: Skadden Arps' Raoul Kennedy and Thomas Nolan ; Howard Rice's Jerome Falk And Douglas Winthrop; Keker & Van Nest's John Keker and Former MGA'S In-House Counsel and Present Partner with Lewis Brisbois, Mr. Craig Holden.

These sources maintain that the inquiry involves personnel at Lewis Brisbois Bisgaard & Smith, the State Bar of California, as well as a close examination of the relationship between Laura Chick and Edith Matthai of Robie & Matthai.

A source maintains that one aspect of the inquiry involves 3 sub-parts concerning the alleged:

1) Circumstances surrounding events relating to the State Bar of California/California Supreme Court and its enmeshment with Lawyer's Mutual Insurance Company vis-à-vis Laura Chick, Sheldon Sloan, Ronald George, and operative Beth Jay.

2) circumstances surrounding the removal of Craig Holden from MGA (a client of Girardi & Keese) to Lewis Brisbois Bisgaard & Smith, as well as the subsequent positioning of Holden as member of the BOG, and thanks to an endorsement by the Breakfast Club -- A Los Angeles-based entity which the recruiting of candidates for the State Bar of California Board of Governors is its primary function.

3) Circumstances surrounding actions taken (or, most likely, lack thereof) by the State Bar of California against clients of the Lawyer's Mutual Insurance Company, as well as circumstances surrounding actions taken by the OCTC/State Bar Court/California Supreme Court in "fixing" cases against errant clients of Lawyer's Mutual (at times via State Bar Court "Default Judgement"), as to allow Lawyer's Mutual an opportunity to potentially argue the misconduct was "intentional", and hence to reject coverage.

Here, particular attention is given to the examining transactions surrounding Sheldon Sloan, Ronald George, Judith Epstein, Ronald Stovitz, and former-crack-addict Mike Nisperos.

TLR is closely monitoring the situation, and will continue to keep readers apprised of any developments as they become available.

Part 1, please see Here. Part 2, below:

The Leslie Brodie Report (TLR) is carefully following a major developing story out of California relating to State Bar of California Board of Governor member -- Ms Laura Chick.

Sources with knowledge of the probe, speaking on condition of anonymity, maintain a red flag has been raised over Chick due to the overall circumstances surrounding Laura Chick, the State Bar of California, and Robert Chick -- CEO of a Burbank-based legal malpractice insurance carrier known as Lawyer's Mutual Insurance Company.

According to the sources, the recently launched multi-prong inquiry is continuing, with "major breakthroughs" the sources describe as "alarming."  The sources declined to provide specific details other than to mention that involved are Laura Chick, Robert Chick, Sheldon Sloan, and Ronald George.

A source maintains that one aspect of the inquiry involves 3 subparts:

1) Circumstances surrounding events relating to the State Bar of California/California Supreme Court and its enmeshment with Lawyer's Mutual Insurance Comany vis-à-vis Laura Chick, Sheldon Sloan, Ronald George, and operative Beth Jay.

2) Circumstances surrounding actions taken by the State Bar of California in connection with attorney misconduct in the cases of Fogel v. Farmers, Dole Food Company/In Re Girardi, and in the State Bar Court matter of Pierce O'Donnell.

3) Circumstances surrounding actions taken (or, most likely, lack thereof) by the State Bar of California against clients of the Lawyer's Mutual Insurance Comany.

Additionally, and somewhat unrelated, under scrutiny are financial transactions between the State Bar of California and Los Angeles-based Bet Tzedek vis-à-vis Ronald George, Eric George, Holly Fujie, Rex Heinke, Girardi & Keese's Howard Miller, and operative Mike Feuer, as well as a highly suspicious past financial transaction between Bet Tzedek and Laura Chick, per the sources.

TLR is closely monitoring the situation, and will continue to keep readers apprised of any developments as they become available.