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More than one hit-and-run crash occurs every minute on U.S. roads, according to new research from the AAA Foundation for Traffic Safety.
These crashes resulted in 2,049 deaths in 2016 - the highest number on record and a 60 percent increase since 2009.
In California, there were 337 hit-and-run crashes involving at least one fatality in 2016, the latest year with available data.
That total is the highest on record for the state, and the most in the nation. Texas (233) and Florida (206) were the only other states with more than 100 fatal incidents.
Per capita, California has the seventh largest rate of fatal hit-and-run crashes in the country. From 2006 to 2016, there were almost 3,000 hit-and-run crashes involving at least one fatality on our state's roadways.
“This is a growing traffic safety challenge and trend that is moving in the wrong direction,” said Michael Blasky, spokesman for AAA Northern California. “As a safety advocate, AAA wants to bring awareness and identify potential solutions to reduce hit-and-run fatalities.”
Despite California's record total in 2016, some cities are proving more effective at reducing traffic fatalities.
In San Francisco, there were 20 total fatal crashes in 2017 – the lowest number in the city's history. Still, 16 of the 20 deaths were pedestrians or cyclists, the most common hit-and-run victims.
"AAA found that most victims of fatal hit-and-run crashes are pedestrians or bicyclists, and over the last 10 years, nearly 20 percent of all pedestrian deaths were in hit-and-run crashes," Blasky said.
To decrease the chances of being involved in a crash with a pedestrian or bicyclist, drivers should:
– Be aware: Pedestrians may act unpredictably and can walk into the path of travel at any point.
– Be cautious: Look out for small children and be alert to areas where there are likely to be more pedestrians. These include school zones, playgrounds, bus stops and intersections.
– Be patient: When trying to pass a pedestrian or cyclist, give plenty of space and keep them in your line of sight.
– Be vigilant: Drivers should always yield to pedestrians, even if they walk into the road from an area other than a crosswalk.
AAA researchers examined common characteristics of hit-and-run crashes and found that:
– An average of 682,000 hit-and-run crashes occurred each year since 2006.
– Nearly 65 percent of people killed in hit-and-run crashes were pedestrians or bicyclists.
– Hit-and-run deaths in the U.S. have increased an average of 7.2 percent each year since 2009.
– Per capita, New Mexico, Louisiana and Florida have the highest rate of fatal hit-and-run crashes while New Hampshire, Maine and Minnesota have the lowest rates.
Currently, every state has laws that make it illegal for a driver involved in a crash to flee the scene. State penalties vary depending on the type of crash.
If found guilty, drivers can face large fines, lose their license or spend time in prison. AAA encourages drivers to educate themselves about specific hit-and-run laws in their state and remain alert on the road to prevent crashes from occurring.
If a driver is involved in a crash, they should never leave the scene and follow the steps below:
– Assist the injured. Check for injured people and call 911.
– Be visible. Make sure that the scene is visible to approaching drivers. If possible, move vehicles out of the path of traffic, and use hazard flashers, flares, and reflective triangles. Find a safe place to remain until emergency services arrive, if needed.
– Communicate. Call the police and file a report. If the police do not come to the scene, you can file a report by visiting a local police department or your automobile insurance agency.
“It is every driver’s legal and moral responsibility to take necessary precautions to avoid hitting a pedestrian, bicyclist or another vehicle,” Blasky said. “It is incumbent on each and every one of us to stay alert, be aware of our surroundings and always stay on the scene if involved in a crash.”
These crashes resulted in 2,049 deaths in 2016 - the highest number on record and a 60 percent increase since 2009.
In California, there were 337 hit-and-run crashes involving at least one fatality in 2016, the latest year with available data.
That total is the highest on record for the state, and the most in the nation. Texas (233) and Florida (206) were the only other states with more than 100 fatal incidents.
Per capita, California has the seventh largest rate of fatal hit-and-run crashes in the country. From 2006 to 2016, there were almost 3,000 hit-and-run crashes involving at least one fatality on our state's roadways.
“This is a growing traffic safety challenge and trend that is moving in the wrong direction,” said Michael Blasky, spokesman for AAA Northern California. “As a safety advocate, AAA wants to bring awareness and identify potential solutions to reduce hit-and-run fatalities.”
Despite California's record total in 2016, some cities are proving more effective at reducing traffic fatalities.
In San Francisco, there were 20 total fatal crashes in 2017 – the lowest number in the city's history. Still, 16 of the 20 deaths were pedestrians or cyclists, the most common hit-and-run victims.
"AAA found that most victims of fatal hit-and-run crashes are pedestrians or bicyclists, and over the last 10 years, nearly 20 percent of all pedestrian deaths were in hit-and-run crashes," Blasky said.
To decrease the chances of being involved in a crash with a pedestrian or bicyclist, drivers should:
– Be aware: Pedestrians may act unpredictably and can walk into the path of travel at any point.
– Be cautious: Look out for small children and be alert to areas where there are likely to be more pedestrians. These include school zones, playgrounds, bus stops and intersections.
– Be patient: When trying to pass a pedestrian or cyclist, give plenty of space and keep them in your line of sight.
– Be vigilant: Drivers should always yield to pedestrians, even if they walk into the road from an area other than a crosswalk.
AAA researchers examined common characteristics of hit-and-run crashes and found that:
– An average of 682,000 hit-and-run crashes occurred each year since 2006.
– Nearly 65 percent of people killed in hit-and-run crashes were pedestrians or bicyclists.
– Hit-and-run deaths in the U.S. have increased an average of 7.2 percent each year since 2009.
– Per capita, New Mexico, Louisiana and Florida have the highest rate of fatal hit-and-run crashes while New Hampshire, Maine and Minnesota have the lowest rates.
Currently, every state has laws that make it illegal for a driver involved in a crash to flee the scene. State penalties vary depending on the type of crash.
If found guilty, drivers can face large fines, lose their license or spend time in prison. AAA encourages drivers to educate themselves about specific hit-and-run laws in their state and remain alert on the road to prevent crashes from occurring.
If a driver is involved in a crash, they should never leave the scene and follow the steps below:
– Assist the injured. Check for injured people and call 911.
– Be visible. Make sure that the scene is visible to approaching drivers. If possible, move vehicles out of the path of traffic, and use hazard flashers, flares, and reflective triangles. Find a safe place to remain until emergency services arrive, if needed.
– Communicate. Call the police and file a report. If the police do not come to the scene, you can file a report by visiting a local police department or your automobile insurance agency.
“It is every driver’s legal and moral responsibility to take necessary precautions to avoid hitting a pedestrian, bicyclist or another vehicle,” Blasky said. “It is incumbent on each and every one of us to stay alert, be aware of our surroundings and always stay on the scene if involved in a crash.”
LAKE COUNTY, Calif. – Beginning on May 1, the California Department of Forestry and Fire Protection, or Cal Fire, will require a burn permit for any outdoor open burning in State Responsibility Areas in the Sonoma-Lake-Napa Unit.
State Responsibility Areas are generally the unincorporated, rural, grass, brush and timber covered lands.
Individuals who conduct open burning must keep the fire size within the issued permit requirements, at all times.
All open burning permit requirements include continual monitoring of the fire by an adult, a minimum clearance of at least 10 feet to bare mineral soil around the fire, adequate control resources (tools, water, etc.) and do not burn on a windy day.
Failure to maintain control of an open fire will result in the permit being voided and the permit holder charged with the possibility of being responsible for fire suppression cost, civil damages and fines.
Cal Fire burn permits are in addition to any air quality control district and local fire agency permits.
Cal Fire’s chiefs remind residents, “Open burning requires local landowners, to do their due diligences to insure they are meeting all conditions set forth by authorizing agencies prior to conducting an open burn.”
For more information on burn permits or wildland fire safety, residents can contact their local Cal Fire facility www.fire.ca.gov.
Achieving better life experience accounts, or “ABLE accounts,” are tax advantaged savings accounts relevant to certain persons who receive Supplemental Security Income and who became blind or disabled before their 26th birthday.
Section SI 01130.740 to the SSI’s Program Operations Manual System provides useful guidance on ABLE accounts.
ABLE account allow beneficiaries (i.e., the account owners) to receive a total of $15,000 a year in funds either as gifts from other persons or from their own earnings.
The ABLE account balances do not count as resources for SSI or Medi-Cal eligibility purposes. ABLE accounts can be used to pay a variety of qualified disability expenses, or QDEs. Such QDE payments when made do not count as income for continued SSI eligibility purposes.
Perhaps the most relevant QDEs are housing, education, living, and transportation expenses. Housing QDEs include rent, real property taxes, utilities, water, sewer and garbage expenses.
An ABLE account is a good way for family and friends to give money towards Housing and Living expenses without reducing the beneficiary’s SSI benefits.
Otherwise, without using an ABLE account, any such assistance would count as so-called in-kind support and maintenance which reduces the SSI benefits.
Distributions from an ABLE account to pay Housing expenses should be spent – and not retained – in the same month when the distribution occurred. Otherwise, any unspent portion of a QDE distribution intended for Housing expenses will count, for SSI eligibility purposes, as a resource in the following months.
Other QDE distributions that are retained, past the month of distribution, to be spent in a future month on a QDE will not count as resources so long as the unspent distribution remains both identifiable and intended for a non-housing related QDE.
If the retained money is ever spent on a Housing related QDE or spent on any non QDE expenses then that money will then be counted as a resource in the the month it was spent.
Likewise, if a beneficiary changes his or her intentions, with respect to money distributed and retained, and decides to use the unspent ABLE distributions for a Housing related QDE or for a non-QDE expense, then that money also counts as a resource starting in the same month that the beneficiary changed his or her intention.
The usefulness of an ABLE account is limited by the fact that it can only receive $15,000 in total contributions in any one year and cannot hold more than $100,000 in deposits. Therefore, ABLE accounts are usually not sufficient by themselves to replace special needs trusts, or SNTs, which are typically funded by inheritances that usually exceed both these limits.
However, ABLE accounts can be a very effective supplement to a SNT. If allowed under the terms of the beneficiary’s SNT, the trustee of an SNT can make contributions to the ABLE account that the beneficiary can use to pay for QDEs, particularly Housing related QDEs. In addition, unlike earnings inside a SNT, the income earned by the ABLE account is income tax free.
Lastly, if a beneficiary of an ABLE account is unable to manage the account himself or herself then the ABLE account can be managed by someone else on the beneficiary’s behalf.
Implementation of California’s own ABLE program is still delayed. That, however, does not stop California residents from opening an ABLE account in another state with an ABLE program.
Dennis A. Fordham, attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached atThis email address is being protected from spambots. You need JavaScript enabled to view it. and 707-263-3235. His Web site is www.DennisFordhamLaw.com.
Section SI 01130.740 to the SSI’s Program Operations Manual System provides useful guidance on ABLE accounts.
ABLE account allow beneficiaries (i.e., the account owners) to receive a total of $15,000 a year in funds either as gifts from other persons or from their own earnings.
The ABLE account balances do not count as resources for SSI or Medi-Cal eligibility purposes. ABLE accounts can be used to pay a variety of qualified disability expenses, or QDEs. Such QDE payments when made do not count as income for continued SSI eligibility purposes.
Perhaps the most relevant QDEs are housing, education, living, and transportation expenses. Housing QDEs include rent, real property taxes, utilities, water, sewer and garbage expenses.
An ABLE account is a good way for family and friends to give money towards Housing and Living expenses without reducing the beneficiary’s SSI benefits.
Otherwise, without using an ABLE account, any such assistance would count as so-called in-kind support and maintenance which reduces the SSI benefits.
Distributions from an ABLE account to pay Housing expenses should be spent – and not retained – in the same month when the distribution occurred. Otherwise, any unspent portion of a QDE distribution intended for Housing expenses will count, for SSI eligibility purposes, as a resource in the following months.
Other QDE distributions that are retained, past the month of distribution, to be spent in a future month on a QDE will not count as resources so long as the unspent distribution remains both identifiable and intended for a non-housing related QDE.
If the retained money is ever spent on a Housing related QDE or spent on any non QDE expenses then that money will then be counted as a resource in the the month it was spent.
Likewise, if a beneficiary changes his or her intentions, with respect to money distributed and retained, and decides to use the unspent ABLE distributions for a Housing related QDE or for a non-QDE expense, then that money also counts as a resource starting in the same month that the beneficiary changed his or her intention.
The usefulness of an ABLE account is limited by the fact that it can only receive $15,000 in total contributions in any one year and cannot hold more than $100,000 in deposits. Therefore, ABLE accounts are usually not sufficient by themselves to replace special needs trusts, or SNTs, which are typically funded by inheritances that usually exceed both these limits.
However, ABLE accounts can be a very effective supplement to a SNT. If allowed under the terms of the beneficiary’s SNT, the trustee of an SNT can make contributions to the ABLE account that the beneficiary can use to pay for QDEs, particularly Housing related QDEs. In addition, unlike earnings inside a SNT, the income earned by the ABLE account is income tax free.
Lastly, if a beneficiary of an ABLE account is unable to manage the account himself or herself then the ABLE account can be managed by someone else on the beneficiary’s behalf.
Implementation of California’s own ABLE program is still delayed. That, however, does not stop California residents from opening an ABLE account in another state with an ABLE program.
Dennis A. Fordham, attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at
NASA is investing in a new commercial market that could answer the demand for affordable access to space for small satellites, including CubeSats.
The agency’s Venture Class Launch Services brings together a smaller class of rockets with satellites small enough to hold in your hands.
Through its venture class contracts, NASA has purchased one flight each from Rocket Lab USA of Huntington Beach, California, and Virgin Orbit of Long Beach, California.
Each mission for NASA is expected to carry approximately a dozen CubeSats. If the missions are successful, NASA will look at options for buying additional flights.
“In addition to providing a dedicated ride to space for small satellites, we’re supporting the continued evolution of the U.S. commercial space launch market,” said Jim Norman, director of Launch Services at NASA Headquarters in Washington. “We’re excited to see theses launches of a “venture class” rocket for NASA carrying only small payloads later this year.”
NASA is using small satellites, including CubeSats, to advance exploration, demonstrate emerging technologies, and conduct scientific research and educational investigations.
Venture class launches will provide NASA the ability to launch on the small satellite’s schedule and to a specific orbit where they can best accomplish their mission or perform their research.
The cube-shaped satellites being manifested as part of these two venture class demonstration launches are approximately four inches long, have a volume of about one quart and weigh about 3 pounds.
The standard dimension of a CubeSat is 1 unit or 1U, which is equal to 10x10x10 cm, and CubeSats can be up to 6U in total size. The CubeSats on NASA’s venture class missions are 3U and 6U in size, providing more room for science and instruments.
Rocket Lab is preparing to launch the first venture class mission for NASA this summer. The company just completed processing the CubeSats for flight on the Electron rocket at its Huntington Beach facility.
The company’s launch pad, Launch Complex 1, is located on the southern tip of the Mahia Peninsula in New Zealand.
Virgin Orbit is also making progress on its own expendable rocket. Rather than launch from the ground, the company’s LauncherOne will be carried to a high altitude by a carrier aircraft before the rocket separates and carries its payloads into low-Earth orbit.
Ten CubeSats on the Rocket Lab flight are launching as the 19th Educational Launch of NanoSatellites or ELaNa mission through NASA’s CubeSat Launch Initiative. NASA has selected more than 150 CubeSats through this initiative from 39 states.
In March, the agency announced 11 CubeSats it selected to launch and reprioritized another 10 missions to begin launching in 2019.
“The advent of right-sized, very small launch vehicles opens a new era of possibility for small satellite developers,” said Scott Higginbotham, lead ELaNa mission manager NASA’s Launch Services Program at Kennedy Space Center in Florida. “We look forward to exploiting this exciting capability.”
The commercial launches will be licensed by the Federal Aviation Administration. While NASA is supporting emerging launch providers in this field, the venture class contract is a very hands-off approach from NASA’s usual role, added Norman.
The agency’s Launch Services Program team made their technical feedback and systems engineering practices available to both companies, but NASA has chosen a “light touch” with these two emerging companies.
“This light touch allows NASA to contribute to this field without impacting how these new rocket companies want to do business,” said Norman.
The Earth Science Division of NASA’s Science Mission Directorate in Washington has partnered with launch services to fund the venture class contracts.
NASA will continue to offer CubeSats an opportunity to hitch a ride on primary missions in order to provide CubeSats opportunities to accomplish their mission objectives.
For example, the agency is planning to launch 13 small satellites as secondary payloads on Exploration Mission-1, NASA’s first integrated flight of the Space Launch System and Orion spacecraft, which will take CubeSats deeper into space than ever before.
The agency’s Venture Class Launch Services brings together a smaller class of rockets with satellites small enough to hold in your hands.
Through its venture class contracts, NASA has purchased one flight each from Rocket Lab USA of Huntington Beach, California, and Virgin Orbit of Long Beach, California.
Each mission for NASA is expected to carry approximately a dozen CubeSats. If the missions are successful, NASA will look at options for buying additional flights.
“In addition to providing a dedicated ride to space for small satellites, we’re supporting the continued evolution of the U.S. commercial space launch market,” said Jim Norman, director of Launch Services at NASA Headquarters in Washington. “We’re excited to see theses launches of a “venture class” rocket for NASA carrying only small payloads later this year.”
NASA is using small satellites, including CubeSats, to advance exploration, demonstrate emerging technologies, and conduct scientific research and educational investigations.
Venture class launches will provide NASA the ability to launch on the small satellite’s schedule and to a specific orbit where they can best accomplish their mission or perform their research.
The cube-shaped satellites being manifested as part of these two venture class demonstration launches are approximately four inches long, have a volume of about one quart and weigh about 3 pounds.
The standard dimension of a CubeSat is 1 unit or 1U, which is equal to 10x10x10 cm, and CubeSats can be up to 6U in total size. The CubeSats on NASA’s venture class missions are 3U and 6U in size, providing more room for science and instruments.
Rocket Lab is preparing to launch the first venture class mission for NASA this summer. The company just completed processing the CubeSats for flight on the Electron rocket at its Huntington Beach facility.
The company’s launch pad, Launch Complex 1, is located on the southern tip of the Mahia Peninsula in New Zealand.
Virgin Orbit is also making progress on its own expendable rocket. Rather than launch from the ground, the company’s LauncherOne will be carried to a high altitude by a carrier aircraft before the rocket separates and carries its payloads into low-Earth orbit.
Ten CubeSats on the Rocket Lab flight are launching as the 19th Educational Launch of NanoSatellites or ELaNa mission through NASA’s CubeSat Launch Initiative. NASA has selected more than 150 CubeSats through this initiative from 39 states.
In March, the agency announced 11 CubeSats it selected to launch and reprioritized another 10 missions to begin launching in 2019.
“The advent of right-sized, very small launch vehicles opens a new era of possibility for small satellite developers,” said Scott Higginbotham, lead ELaNa mission manager NASA’s Launch Services Program at Kennedy Space Center in Florida. “We look forward to exploiting this exciting capability.”
The commercial launches will be licensed by the Federal Aviation Administration. While NASA is supporting emerging launch providers in this field, the venture class contract is a very hands-off approach from NASA’s usual role, added Norman.
The agency’s Launch Services Program team made their technical feedback and systems engineering practices available to both companies, but NASA has chosen a “light touch” with these two emerging companies.
“This light touch allows NASA to contribute to this field without impacting how these new rocket companies want to do business,” said Norman.
The Earth Science Division of NASA’s Science Mission Directorate in Washington has partnered with launch services to fund the venture class contracts.
NASA will continue to offer CubeSats an opportunity to hitch a ride on primary missions in order to provide CubeSats opportunities to accomplish their mission objectives.
For example, the agency is planning to launch 13 small satellites as secondary payloads on Exploration Mission-1, NASA’s first integrated flight of the Space Launch System and Orion spacecraft, which will take CubeSats deeper into space than ever before.
LAKE COUNTY, Calif. – A federal judge has ruled against the Hidden Valley Lake Association’s motion to overturn a $2 million jury verdict awarded in February to the association’s former golf pro who was defamed by the former general manager, but the case is headed to a still higher court as an appeal has been filed in this latest decision.
On April 18 – two days ahead of a scheduled motion hearing in San Francisco – Judge Susan Illston chose to rule without oral argument in favor of upholding the February verdict a jury unanimously awarded to Wayne Clark.
Illston issued an order denying the association’s renewed motion for judgment as a matter of law and motion for a new trial, and request for stay of execution of the judgment, which had been filed March 1.
Clark was “very pleased” with the ruling, said his attorney, Victor Thuesen. “It’s been a long, hard road for him.”
However, the case is still not over, as the association has filed a notice of appeal of Illston’s decision, according to association attorney William Munoz.
Munoz said Wednesday – the day after the notice of appeal was filed – that no further comment was being offered from the association at this time.
The association board – President Jack Worster, Vice President Tim Bartice, Secretary Rose Spitzer, Treasurer Sheri Cobb, and directors Steve Verhaart and Bruce Brashares – held a regular meeting Thursday at 6:30 p.m. at the community center. The lawsuit was not mentioned on the agenda.
Clark had been the association’s golf pro for four years, until he was terminated without cause in April 2015 by then-General Manager Cindy Spears.
After firing Clark, Spears – according to the case documents and testimony during depositions and at trial – set out to attack and damage Clark, using community members to help spread defamatory allegations that included claims that he had pornography on his work computer. A sheriff’s deputy testified at trial that no pornographic materials were found on the computer.
Additionally, after Clark’s termination Spears accused him of embezzlement of funds and mismanagement of the golf operation, that he drank alcohol while working and was going to be arrested for criminal conduct, all of which were proved untrue at trial.
In the lawsuit Clark originally filed in April 2016, he alleged multiple causes of action, including violation of privacy, defamation, negligent infliction of emotional distress and intentional infliction of emotional distress.
Spears could not be located to take part in the trial, although she did submit a declaration to the court last fall in which she acknowledged that no pornography was found on Clark’s work computer.
In early February, following a seven-day trial in San Francisco, a jury unanimously awarded Clark the $2 million settlement, making five separate findings of malicious conduct, which both Thuesen and an expert in defamation law he later spoke to about the case had never seen before, as Lake County News has reported.
Less than a month after the verdict, the association filed the renewed motion for judgment as a matter of law and motion for a new trial, which led to Illston’s ruling last week.
The Tuesday notice of appeal filing to the United States Court of Appeals for the Ninth Circuit brings with it “more hoops” for Clark to jump through, said Thuesen.
He said he’s not engaged in discussions with the Hidden Valley Lake Association so he’s uncertain as to what the board wants to do.
The association had argued in its motion for judgment that the jury got the verdict wrong, and in its motion for a new trial said the damages awarded to Clark were excessive. The latter claim is notable since Clark did not receive punitive damages.
Judge Illson disagreed with the association’s arguments.
Thuesen, who noted that Clark opposed the motions, said he agreed with Illston’s reasoning.
By the end of Tuesday Thuesen said he had already head from the Ninth Circuit Court of Appeals regarding a briefing schedule.
“We’re on a pretty short timeline,” said Thuesen. “If they carry forward with the appeal, they’ve gotta get workin’.”
He then clarified that the briefing schedule is a “short” timeline in lawyer speak; if all goes according to schedule the briefing would be complete by September. The court would then set a hearing date.
Based on his decades of experience, Thuesen said the Ninth Circuit usually bases its decision on the briefing rather than oral arguments. After the hearing, he said he expects there would be a decision very soon.
“I don’t see how they’re going to get around it,” Thuesen said of the association and the $2 million judgment.
The Ninth Circuit is the last stop for the association, said Thuesen.
“They will not have a right to appeal to the Supreme Court,” he said.
“You must ask permission of the Supreme Court to hear a case,” and Thuesen said such requests are granted sparingly.
If the Ninth Circuit rules for Clark, Thuesen said he assumes the Hidden Valley Lake Association will abide by the ruling. But, he added, he believed they would do that for the jury’s verdict.
As for Clark, “He’s prepared to hang in there for whatever,” Thuesen said.
Email Elizabeth Larson atThis email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.
On April 18 – two days ahead of a scheduled motion hearing in San Francisco – Judge Susan Illston chose to rule without oral argument in favor of upholding the February verdict a jury unanimously awarded to Wayne Clark.
Illston issued an order denying the association’s renewed motion for judgment as a matter of law and motion for a new trial, and request for stay of execution of the judgment, which had been filed March 1.
Clark was “very pleased” with the ruling, said his attorney, Victor Thuesen. “It’s been a long, hard road for him.”
However, the case is still not over, as the association has filed a notice of appeal of Illston’s decision, according to association attorney William Munoz.
Munoz said Wednesday – the day after the notice of appeal was filed – that no further comment was being offered from the association at this time.
The association board – President Jack Worster, Vice President Tim Bartice, Secretary Rose Spitzer, Treasurer Sheri Cobb, and directors Steve Verhaart and Bruce Brashares – held a regular meeting Thursday at 6:30 p.m. at the community center. The lawsuit was not mentioned on the agenda.
Clark had been the association’s golf pro for four years, until he was terminated without cause in April 2015 by then-General Manager Cindy Spears.
After firing Clark, Spears – according to the case documents and testimony during depositions and at trial – set out to attack and damage Clark, using community members to help spread defamatory allegations that included claims that he had pornography on his work computer. A sheriff’s deputy testified at trial that no pornographic materials were found on the computer.
Additionally, after Clark’s termination Spears accused him of embezzlement of funds and mismanagement of the golf operation, that he drank alcohol while working and was going to be arrested for criminal conduct, all of which were proved untrue at trial.
In the lawsuit Clark originally filed in April 2016, he alleged multiple causes of action, including violation of privacy, defamation, negligent infliction of emotional distress and intentional infliction of emotional distress.
Spears could not be located to take part in the trial, although she did submit a declaration to the court last fall in which she acknowledged that no pornography was found on Clark’s work computer.
In early February, following a seven-day trial in San Francisco, a jury unanimously awarded Clark the $2 million settlement, making five separate findings of malicious conduct, which both Thuesen and an expert in defamation law he later spoke to about the case had never seen before, as Lake County News has reported.
Less than a month after the verdict, the association filed the renewed motion for judgment as a matter of law and motion for a new trial, which led to Illston’s ruling last week.
The Tuesday notice of appeal filing to the United States Court of Appeals for the Ninth Circuit brings with it “more hoops” for Clark to jump through, said Thuesen.
He said he’s not engaged in discussions with the Hidden Valley Lake Association so he’s uncertain as to what the board wants to do.
The association had argued in its motion for judgment that the jury got the verdict wrong, and in its motion for a new trial said the damages awarded to Clark were excessive. The latter claim is notable since Clark did not receive punitive damages.
Judge Illson disagreed with the association’s arguments.
Thuesen, who noted that Clark opposed the motions, said he agreed with Illston’s reasoning.
By the end of Tuesday Thuesen said he had already head from the Ninth Circuit Court of Appeals regarding a briefing schedule.
“We’re on a pretty short timeline,” said Thuesen. “If they carry forward with the appeal, they’ve gotta get workin’.”
He then clarified that the briefing schedule is a “short” timeline in lawyer speak; if all goes according to schedule the briefing would be complete by September. The court would then set a hearing date.
Based on his decades of experience, Thuesen said the Ninth Circuit usually bases its decision on the briefing rather than oral arguments. After the hearing, he said he expects there would be a decision very soon.
“I don’t see how they’re going to get around it,” Thuesen said of the association and the $2 million judgment.
The Ninth Circuit is the last stop for the association, said Thuesen.
“They will not have a right to appeal to the Supreme Court,” he said.
“You must ask permission of the Supreme Court to hear a case,” and Thuesen said such requests are granted sparingly.
If the Ninth Circuit rules for Clark, Thuesen said he assumes the Hidden Valley Lake Association will abide by the ruling. But, he added, he believed they would do that for the jury’s verdict.
As for Clark, “He’s prepared to hang in there for whatever,” Thuesen said.
Email Elizabeth Larson at
LAKEPORT, Calif. – The two candidates for Lake County’s superintendent of schools job will meet for a forum on Monday, April 30.
The forum will take place beginning at 6 p.m. in the Board of Supervisors chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport.
Incumbent Brock Falkenberg and challenger Patrick Iaccino will answer questions about their views on a variety of education-related subjects during the forum. They will answer a round of at least 10 questions in a timed, rotational format.
The forum will be recorded and posted online.
Community members may submit questions at the event or by emailing moderator Elizabeth Larson atThis email address is being protected from spambots. You need JavaScript enabled to view it. .
The forum is sponsored by the Lake County Bar Association, Lake County Economic Development Corp. and Lake County News.
That group of organizations also will host judicial candidates Don Anderson, Shanda Harry and Andre Ross at a forum on Wednesday, May 2, at the Clearlake Community and Senior Center; District 3 supervisorial candidates EJ Crandell and Denise Loustalot will be featured in a forum on Wednesday, May 9, in the Board of Supervisors chambers; and district attorney candidates Steven Brown and Susan Krones will take part in a forum on Monday, May 14, in the Board of Supervisors chambers.
The forum will take place beginning at 6 p.m. in the Board of Supervisors chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport.
Incumbent Brock Falkenberg and challenger Patrick Iaccino will answer questions about their views on a variety of education-related subjects during the forum. They will answer a round of at least 10 questions in a timed, rotational format.
The forum will be recorded and posted online.
Community members may submit questions at the event or by emailing moderator Elizabeth Larson at
The forum is sponsored by the Lake County Bar Association, Lake County Economic Development Corp. and Lake County News.
That group of organizations also will host judicial candidates Don Anderson, Shanda Harry and Andre Ross at a forum on Wednesday, May 2, at the Clearlake Community and Senior Center; District 3 supervisorial candidates EJ Crandell and Denise Loustalot will be featured in a forum on Wednesday, May 9, in the Board of Supervisors chambers; and district attorney candidates Steven Brown and Susan Krones will take part in a forum on Monday, May 14, in the Board of Supervisors chambers.