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Q: Shuffle images in a grid I have a responsive grid whitin images.
I would like to make a random order of these pictures by a shuffle function but I don't know how to do.
Any idea ? Thanks.
Html

Script
$.shuffle('#grid div');

A: Here's a solution I came up to this many years ago (recreated from old code today):
http://jsfiddle.net/bznfnb2r/1/
Basically, what I do is randomly swap a few of the boxes:
$(function() {
    jQuery.extend({
        random: function(X) {
            return Math.floor(X * (Math.random() % 1));
        },
        randomBetween: function(MinV, MaxV) {
            return MinV + jQuery.random(MaxV - MinV + 1);
        }
    });

    jQuery.fn.swap = function (b) {
        b = jQuery(b)[0];
        var a = this[0];

        var t = a.parentNode.insertBefore(document.createTextNode(""), a);
        b.parentNode.insertBefore(a, b);
        t.parentNode.insertBefore(b, t);
        t.parentNode.removeChild(t);

        return this;
    }

    var numItems = $("#grid .box").length - 1;

    for (var i = 0; i < numItems; i++) {
        $("#grid .box:eq("+$.randomBetween(0, numItems)+")").swap("#grid .box:eq("+$.randomBetween(0, numItems)+")");
    };
});

It's not great, but does do the job.
As I say though, I'd likely do this server side instead.

A: Here's the solution that I found in the following link, the answer wasn't clear : jquery move elements into a random order
this file in addition is required :
http://vestride.github.io/Shuffle/dist/jquery.shuffle.min.js
jQuery.fn.shuffle = function () {
    var j;
    for (var i = 0; i < this.length; i++) {
        j = Math.floor(Math.random() * this.length);
        $(this[i]).before($(this[j]));
    }
    return this;
};

$('#grid .box').shuffle();


Over 19 years of experience as an investor and adviser, with a focus on private investment in operating businesses. In recent years, he has been involved in the acquisition, financing and management of investments in sectors such as renewable energy, municipal waste, water and waste treatment, telecommunications infrastructure and power generation in the United Kingdom, Europe, the US and Australia.
Prior to joining Moelis Australia, Jack had a wide range of internship experience in the financial field from Agricultural Development Bank of China to Industrial and Commercial Bank of China.
Jack holds two Master degrees in relation to finance and accounting from The Australian National University.
Rebecca has over 12 years of experience in office administration and product management.
Prior to joining Moelis she worked at Macquarie Group within the Australian Equities Team, Macquarie Investment Management.
She is strongly focused on office administration and marketing for the Moelis asset management team.


Tony Gill is a director of Intelligence Analysis Training Ltd and also a recently retired police officer with West Yorkshire Police, having completed over 30 years service. Having retired Tony is looking forward to the future with Intelligence Analysis Training.
Tony has been involved in Intelligence since the late 1990's working first in a Divisional Intelligence unit, then in Major Incident Rooms as an Intelligence Officer and Analyst, specialising in the analysis of Communications data. Latterly he worked for three years on a major Operation targeting drug dealers involved in the wholesale importation of Cocaine and related gun crime.
The Team in which he served was recognised by the Home Office and received an award for the work it had done and the success it had achieved.
For the last seven years of his service Tony has been developing and delivering Intelligence Analysis training from Bishopgarth, West Yorkshire to sworn and unsworn personnel from across the UK and the world, these countries include Romania, Bahrain, Sweden and Kenya.
Some of these courses were delivered on behalf of The United Nations Drug Control Programmes (UNDCP), Euro customs & The Kenyan Anti Corruption Commission, Analytical training in Bahrain and to Swedish Customs, Intelligence Analysis to The National Rwandan Police on behalf of Belgium.
In addition he has provided inputs on Initial CID, Initial Management of Serious Crime and Senior Investigating Officer courses.
He has also delivered training workshops to UK Government agencies and has been part of the review of the Serious Sexual Offences Intelligence Unit of a UK major police force.
Tony has also contributed to the development of an Intelligence Analysis course for the National Police Improvement Agency participating in a series of workshops, and writing material for inclusion in the course.
He is the holder of a Bachelor of Science Degree in Production Engineering; he is a fully qualified UK Police trainer, licensed and authorised ANACAPA trainer and holds a Post-Graduate Certificate in Education.
Tony is a member of International Association of Law Enforcement Intelligence Analysts (IALEIA), the International Association of Crime Analysts (IACA) and an Associate member of the International Academy for Investigative Psychology.
He continues to design and deliver Intelligence and Analysis Training for the police service and private industry.


Mr. Wintzéus has an extensive career in international executive search, assessment, coaching and M&A due diligence. Previously he held positions as Partner, EVP, Principal and VP with some top-tier global executive search firms, such as Korn/Ferry. His responsibilities included being liaison person to organizations such as WBCSD, UN Global Compact, CSR Europe, etc.
Earlier in his career, Mr. Wintzéus served with the Swedish Trade Council in Brussels where he held diplomatic status as Commercial Counselor to Belgium, Luxembourg and the EU Commission. He also has worked as management consultant and in corporate management positions at VP and Director levels.
Mr. Wintzéus holds a Bachelor's degree in business administration & economics. By appointment of the Belgian King, he is Commander in the Order of Leopold, a national chivalry order of merit. Besides his native Swedish, he is fluent in English, Dutch and French, with some German and Spanish.


If the Boston Red Sox win the World Series, will it lessen their achievement if New York Yankee fans still don't like them? That seems to be the convoluted conclusion that the Sacramento Bee reached this week in critiquing an advertisement that touts what Barbara Boxer calls one of her top achievements.
The ad never claims that all of the kids would have chosen the gang alternative without her program, but it does say that a million kids are off the street. That in itself is a difficult-to-prove claim, albeit not unreasonable given that it's just a little more than half of the kids receiving the services. It is actually the Sac Bee that is engaging in hyperbole by trying to find something wrong with a clearly accurate ad by Boxer.
This kind of press criticism of a positive, accurate ad about an incumbent's record seems likely to drive the Boxer campaign back into negative advertising. If the media is going to attack you for the right kind of advertising, you may as well start taking pot shots at your opponent. You couldn't be portrayed much worse than you are in this piece of lazy journalism.
There's no such thing as a political ad that doesn't overreach. But this Boxer ad seems about as accurate as you can get. It should be praised for its honesty, not criticized for the sake of fairness or for some other, more nefarious motive.


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Q: Setting DataContext of CustomMessageBox I need to have my DataTemplate of CustomMessageBox set in xaml like here:
<Grid.Resources>
    <DataTemplate x:Key="CustomMessageBoxTemplate">
        <phone:LongListSelector
            LayoutMode="Grid"
            ItemsSource="{Binding}"
            GridCellSize="210 200"
            toolkit:TiltEffect.IsTiltEnabled="True"
            ItemTemplate="{StaticResource ItemTemplate}" />
    </DataTemplate>
</Grid.Resources>

And I'm trying to use it in my code-behind like this:
CustomMessageBox messageBox = new CustomMessageBox()
{
    Caption = "Title",
    DataContext = myList,
    ContentTemplate = (DataTemplate)this.LayoutRoot.Resources["CustomMessageBoxTemplate"],
    LeftButtonContent = "OK"
};
messageBox.Show();

Where myList is correctly set List (I checked it by debugging).
But the problem is that my DataContext isn't changing and my LongListSelector in CustomMessageBox stays unpopulated.
I don't know where I make a mistake. I have tried to search how to do it but I haven't found anything helpful.
Thanks for any help!

A: The DataContext of the xaml inside the ContentTemplate automatically gets set to the Content property.  Try setting Content = myList

redpajama_set_name: RedPajamaStackExchange


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Q: Heroku, Selenium python, discord bot I'm sorry for my bad english.
I wrote a python discord bot that has a command that uses selenium (google chromedriver). Everything works fine on my computer. But when I put the bot on Heroku hosting, then EXACTLY on Heroku I get the following error:

2022-06-02T09:32:56.287421+00:00 app[worker.1]: The above exception was the direct cause of the following exception:
2022-06-02T09:32:56.287421+00:00 app[worker.1]:
2022-06-02T09:32:56.287441+00:00 app[worker.1]: Traceback (most recent call last):
2022-06-02T09:32:56.287471+00:00 app[worker.1]:   File "/app/.heroku/python/lib/python3.10/site-packages/discord/ext/commands/bot.py", line 939, in invoke
2022-06-02T09:32:56.287471+00:00 app[worker.1]:     await ctx.command.invoke(ctx)
2022-06-02T09:32:56.287490+00:00 app[worker.1]:   File "/app/.heroku/python/lib/python3.10/site-packages/discord/ext/commands/core.py", line 863, in invoke
2022-06-02T09:32:56.287490+00:00 app[worker.1]:     await injected(*ctx.args, **ctx.kwargs)
2022-06-02T09:32:56.287508+00:00 app[worker.1]:   File "/app/.heroku/python/lib/python3.10/site-packages/discord/ext/commands/core.py", line 94, in wrapped
2022-06-02T09:32:56.287508+00:00 app[worker.1]:     raise CommandInvokeError(exc) from exc
2022-06-02T09:32:56.287535+00:00 app[worker.1]: discord.ext.commands.errors.CommandInvokeError: Command raised an exception: NameError: name 'driver' is not defined

Maybe I didn't install some library? Or, this hosting does not have chromedriver? Everything works great on my computer. Help me please!


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HWY 67 Closed for Major Traffic Collision
On Friday May 30, 2014, at approximately 3:15 in the afternoon units were requested to respond to Hwy 67 northbound to reports of a head on collision just south of Winter Gardens Blvd. Lakeside Engine 1 arrived on scene and found two vehicles with major damage, each of which had trapped victims inside. Additional resources were immediately requested due to the large workload that would be required to extricate multiple patients from separate vehicles.
View 2014 Incident Map in a larger map
The incident, which was being directed by Lakeside Division Chief 4104, utilized engines from Lakeside, Santee, and El Cajon. Two rescue units were also assigned, Santee R5 and Lakeside R3 from the Lake Jennings Fire Station. The two patients were in critical condition meaning they would require separate transporting units so two ALS units were requested as well as Mercy Air 6.
Crews work to extricate patients from separate vehicles
A large quantity of debris was strewn from the accident site
The accident scene was strewn with the contents of both vehicles, a sign of how much energy was involved in the collision. Hwy 67 had to be completely closed due to the large volume of debris that resulting from the accident. The closed freeway provided the ability for the fire and law enforcement crews to work safely while extricating the patients. The road closure also allowed for a very close landing zone for Mercy Air 6. It is rare to see a medical helicopter set down on a major interstate in San Diego County in the middle of rush hour traffic. The helicopter, along with the seriousness of the accident, drew crowds of people to the side of the road to watch the incident.
One patient was extricated quickly and immediately transported by Santee Medic 4 to an area trauma center. The other patient took longer to extricate so Mercy Air 6 was utilized to provide transport to the trauma center. Once the patients were extricated and the incident was stabilized the California Highway Patrol took over the scene and began an accident investigation.
Mercy Air 6 set down on the closed portion of HWY 67
Photos / Video and Story by Captain Bernie Molloy
Labels: Ambulance, Battalion 1, CHP, District 1, Engine 1, Engine 2, Extrication, Highway 67, Mercy Air
Jet Ski Fire Sends One to Burn Center
Johnstown-
On Wednesday, May 28, 2014, at 2:41 p.m. the Heartland Communications Center received a 911 call about a jet ski on fire in the garage of a residence in the 9300 block of Ashley View Pl. A full structural response was initiated that sent three engine companies, one truck company, an ALS medic unit, and a staff officer to the incident.
On the arrival of Engine 3 (Lake Jennings Fire Station), firefighters observed smoke showing from the attached garage of a residential structure. After securing a water supply from a nearby hydrant, crews advanced an attack line into the garage. It was quickly discovered that the fire was isolated to a jet ski. The fire was quickly controlled with a preconnected handline off of E3.
Fire damage to the jet ski was extensive.
Fire crews then discovered that an occupant had suffered flash burns to his upper body. After assessing the injuries the juvenile was transported to the UCSD Burn Center for further evaluation and treatment. The injuries are considered non-life threatening.
Firefighters overhauled the fire and checked for extension into the structure. No structural damage was discovered.
Submitted By: Fire Captain Wes Barnes, Lakeside Fire Protection District
Labels: District 3, Johnstown, Structure Fire
New Employees Receive their Badges
Lakeside River Park Fire Complex-
At the May 27, 2014, Lakeside Fire District Board meeting two recently hired employees received their badges from Fire Chief Andy Parr. The two employees were recently hired from the Lakeside Reserve Firefighter program to full-time positions as Firefighter-Paramedics.
Chad Murray
Chad spent his youth growing up in the Alpine area of the East County. He graduated from Granite Hills High School and then departed on a number of jobs to prepare him for employment in the fire service. Chad has worked as a reserve firefighter with other agencies, and has worked in the pre-hospital field.
Chad receives his badge from his father.
Chad recently graduated from the 25th Heartland Academy where he teamed up with Shane Daunis as squad team members.
Chad was presented with his badge by his father. Both Mom and Dad were in attendance.
Chad with his father and mother after the presentation.
Welcome to the Lakeside family.
Shane Daunis
Shane is 26 years old and was raised in the community of Santee under the careful guidance from his parents Debbie and Fred. Shane has a younger sister, Elle, which undoubtly kept him on his toes.
Shane receives his badge from his father Fred Daunis who served with the Santee Fire Department.
During his time at West Hills High School he enrolled in ROP Fire Science classes. Mined into that schedule was time for swim team and water polo sports. After high school it was off to Miramar College to continue with fire science classes. Soon he was accepted to Southwestern College's paramedic program.
After certification as a paramedic he worked for AMR. Soon he was accepted into the Lakeside Fire District's reserve program. Shortly after being accepted he was enrolled in the 25th Heartland Academy.
Shane with his mother Debbie, father Fred, fiance Caitlin, and sister Elle.
Upon graduating from the academy he was offered a fulltime employment with the Lakeside Fire District. Employment with Lakeside had been a long held dream as his father (Fred) frequently worked out of the Riverview fire station when Medic One was crossed staffed with one Lakeside, and one Santee, firefighter-paramedic. Shane grew up listening to stories his father would bring home about working with the two agencies.
Shane is also engaged to longtime high school sweetie Caitlin.
Welcome to the Lakeside family Shane.
New firefighters in Lakeside must complete a rigorous one-year probationary period which is part of a comprehensive 36-month step training program.
Submitted By: Fire Captain Mark Grow, Lakeside Fire Protection District
A Busy Sunday for Lakeside Firefighters
A series of vegetation fires kept Lakeside firefighters busy on Sunday, May 25, 2014. The first fire was reported just before 1:00 p.m. in the area of Highway 67 and Lorraine Ct., just south of Scripps Poway Parkway. Heartland Fire Communications dispatched a wildland fire resource response including E1, E2, WT7251, M2, and Div 4106 (Lakeside); Br4 (Santee). Due to the location in State Responsibility Area (SRA), CalFire also dispatched a full wildland resource response including aircraft.
Arriving firefighters discovered a well-established vegetation fire making an uphill run toward a home on Lorraine Ct. Lakeside Engines 1 and 2 were assigned to structure defense while the wildland (type III) engines started progressive hoselays on the right and left flanks of the fire to begin extinguishment and containment. An S-2 airtanker from the nearby Ramona Air Attack base made several pinpoint retardant drops to hold the fire in check and protect the threatened home. Additionally, County helicopters 10 and 12 arrived and provided water drops to slow the forward spread of the fire. Assigned resources were able to pick this fire up at only a few acres with no structures damaged.
Smoke showing from a distance.
Engines 1 and 2 in structure defense positions.
FFs on Division X mopping up.
As the first fire was being mopped-up, another wildland response was dispatched with numerous callers reporting multiple fires in the vegetation on the west side of Winter Gardens Blvd. between Gardena Rd. and Golden Ridge Rd. With multiple engines approaching the area from both the south and the north, firefighters stopped and took action when they encountered a fire. The largest of these multiple fires was on a hillside lot with numerous structures nearby. Lakeside Engine 1 (who was returning from the Hwy 67 incident) and Santee Engine 4, attacked the fire from the north flank while Heartland Fire-Rescue Engine 9 started a hoselay on the south flank. Firefighters quickly had a knockdown on the fire and went to work on containment and mop-up.
FFs mop up on Division Zulu.
Lakeside Division 4106 (r) was Incident Commander with assistance from CalFire Battalion 3316.
These fire incidents demonstrate the strong mutual and automatic aid agreements that ensure the provision of seamless emergency response services to our district residents. Lakeside Fire would like to acknowledge our regional partners for their timely assistance: Santee Fire, San Miguel Fire, Barona Fire, Heartland Fire-Rescue, San Diego Fire-Rescue, CalFire, and San Diego Sheriff's Department.
All fires are currently under investigation.
Post and photos by: Captain Scott Culkin, Lakeside Fire District.
Firefighters Rescue Man Injured in Flood Channel
Lakeside:
Early on the morning on May 23, 2014 Lakeside Engine 1 and Medic 2 were called for reports of a person that had fallen into the flood channel under Hwy 67.
Engine 1 arrived, and with the assistance of the SDSO, were able to locate the patient. The patient was a male that was injured in the bottom of the flood channel that runs under Hwy 67. The patient had fallen approximately 20 + feet to the concrete bottom of the flood channel.
The patient fell onto the concrete from the edged of the channel.
To access the patient crews had to place a ladder into the channel and descend it. Once the patient was accessed it was clear that he would need to be placed in spinal precautions because of his injuries. The spinal precautions combined with the high vertical walls of the channel meant the patient would have to be hoisted out of the flood channel in a stokes basket on a backboard. Engine 1 requested that Rescue 3 respond to the scene to bring the necessary equipment to move the patient.
R3 crews work to set up a mechanical lifting system
The lifting system requires a long section of rope and a great deal of specialized hardware
Rescue 3 arrived at the scene and assisted the crews on scene with setting up a ladder-slide and a rope lifting system that would provide a mechanical advantage to pull the patient out of the flood channel. Once the patient was lifted out of the channel he was transported to the hospital by M2.
Once the patient was up he was moved to a gurney for transport to the medic unit
This call was an example of one of the technical rescue situations Lakeside firefighters are capable of carrying out. It is a low-frequency high-risk situation that requires regular training and review to stay proficient with these skills. This rescue was carried out without any issues and the patient was successfully removed from the channel and transported to the hospital.
R3 and E1 crews put the rescue equipment back onto Rescue 3 after the call
Photos and story by Captain Bernie Molloy
Labels: Engine 1, LKS CERT, Medic 2, Rescue, Rescue 3, SDSO
Sterling Fire Threatens area Structures
On Wednesday, May 14, 2014, at 4:59 p.m. the Heartland Communications Center received a report of a vegetation fire in the area of the 12900 block of Highway 8 Business in the Glenview area. Given the severe weather conditions, a high wildland response was dispatched which sends multiple resources to the fire.
Fire jumps Highway 8 Business and starts it's uphill run towards homes. (Photo By: Ken Kremensky, Barona FD)
On the arrival of Lakeside Division Chief Chuck Tockstein, he found a fire on the south side of the highway making a run towards the north. Within minutes the fire had jumped Highway 8 Business and was making an uphill run towards multiple homes in the Sterling Drive and Jackson Hill Drive areas. An immediate request was placed for a strike team of engines to respond to those areas and take up structural defense positions.
Fire approaches homes off Sterling Drive. (Photo By: Ken Kremensky, Barona FD)
An engine from Heartland Fire & Rescue takes up a position on a structure on Sterling Drive. (Photo By: Todd Welch, Lakeside FD)
Firefighters took up positions to start hose lays to cut off further extension of the fire. But in the midst of the fire attack there was a wind change which now sent the fire towards homes in the 13000 block of Highway 8 Business. Another strike team was requested and took up structural defense positions in a nearby mobile home park.
Lakeside Brush 201 arrives at the Sterling Fire. (Photo By: Nathan Price)
Lakeside crews putting in a hose lay on the eastern flank. (Photo By: Todd Welch, Lakeside FD)
Due to multiple campaign fires in the San Diego County area there was no air assets or hand crews available to assist.
Crews continued to advance hose lays around the fire and at 6:57 p.m. the Incident Commander declared that the forward progress of the fire had been stopped. Although the active burning had stopped, firefighters now faced the task of an extensive overhaul. A number of crews spent the night on the line overhauling hot spots and patrolling the fire area.
A firefighter in the "green" as the fire front approaches. (Photo By: Todd Welch, Lakeside FD)
Overhaul extended well throughout the daylight hours the next day. Crews continued to overhaul hot spots and remove trees that had created a hazard. The Lakeside Logistic Volunteers provided fire support throughout the incident.
This burn pattern is know by firefighters as "Moonscaping." It's when everything in the fire's path is consumed. This is normally seen in August, not May.
During this incident Lakeside Fire received assistance from:
Barona Fire
Alpine Fire
Heartland Fire & Rescue
Santee Fire
Sycuan Fire
Bonita Fire
Viejas Fire
Lakeside LVG's
Submitted By: Fire Captain Mark Grow, Lakeside Fire Protection District.
Photos Provided By: Fire Chief Ken Kremensky, Barona Fire Department and Todd Welch, Lakeside Fire Protection District, Nathan Price
Video By: Bill Prorok
Labels: Automatic Aid, District 3, Glenview, LVG, Mutual Aid, Vegetation Fire
Central Zone Firefighters Engaged at the Bernardo Fire
Central Zone-
Shortly before 11:00 a.m. a vegetation fire broke out in the City of San Diego near Del Norte High School. San Diego Fire resources responded to the wind driven event and found the Santa Ana winds were pushing the fire front faster than crews could react. Soon a call went out for assistance in controlling the fast moving vegetation fire.
At 12:30 a.m. the Heartland Communications Center received a request to send a strike team of brush engines to the fire. Engines from Barona, Sycuan, Santee, Alpine, and Lakeside assembled as Strike Team 6440C. The team would be led by Fire Chief Ken Kremensky and Battalion Chief Todd Feneis.
The fire continued it's westward push towards Rancho Santa Fe and Fairbanks Ranch. With ideal canyon alignment to the northeast winds the fire would make fast runs through the light, and medium, fuels. When it became obvious that the fire would run through the canyons on the east side of Rancho Santa Fe a request was made by fire managers for structural engines.
At 2:36 p.m. another request was received to send urgently needed engines to the fire. Five structural type engines from Lakeside, Heartland Fire & Rescue, and Santee were sent to the fire as Strike Team 6441A. Battalion Chief Steve Swaney from Heartland Fire & Rescue would lead the team.
Off-duty personnel quickly filled voids left behind, and staffed reserve apparatus. At this time it is unknown how long crews will be committed to this fire. But given the expected fire weather it's likely they will remain till a high degree of confidence exists that this fire has been brought under control.
At this time the fire exceeds 700 acres and has 5% control.
Information: Why are strike teams numbered with a letter?
Strike teams have a numerical identifier that denotes the area where the team originated from. From a management standpoint it's easier to talk to a single chief running five engines than each individual engine. The letter simply identifies the type of engines. Strike teams with an "A" indicate large structural type engines while a "C" indicates smaller brush type engines.
Labels: Mutual Aid, San Diego, Strike Team
Communications Volunteer Group Announces Amateur Radio Classes and Testing
Lakeside-
The Lakeside Fire Protection District, in cooperation with the Communications Volunteer Group, is pleased to announce dates for the Technician Class radio classes and testing. This is an opportunity to obtain your FCC amateur radio license. This license allows amateurs to communicate on a number of frequencies, including those most commonly used during disaster communications.
The classes will be conducted over a series of four evenings followed by testing. These classes will be conducted at the Lakeside River Park Fire Complex on Lakeside Ave. The classes are two hours long and will prepare the student for passage of the Technician Class license.
Although the class is free, students will be required to obtain a copy of the ARRL "Ham Radio Technician License Manual (2nd edition). The text can be purchased locally at Ham Radio Outlet for $29.95. The store is located at 5375 Kearny Villa Road #113.
To register for the class contact CERT Coordinator Lance Burford at cert@lakesidefire.com. You do not need to be a CERT Team member to attend.
Submitted: Fire Engineer-CERT Coordinator Lance Buford, Lakeside Fire District
Lakeside Fire Crews Kept Busy with Multiple Vegetation Fires
Lakeside fire crews had an unusually busy day on Wednesday, May 7, 2014, when a rash of vegetation fires occurred in the Glenview area of Lakeside.
At 4:46 p.m., firefighters responded to a vegetation fire in the creek bed in the area of Los Coches Rd and Via Diego. The fire burned out a swath of heavy fuel on the west side of Los Coches Rd and skirted behind the homes located on Calle Lucia. Crews were able to quickly control the flames with no damage to nearby structures.
At 8:26 p.m., crews received a call for another vegetation fire on the east side of Los Coches Rd near Via Diego. Firefighters worked their way into the area to discover a new fire area with a nearby spot fire. Fire managers requested additional assistance which brought units from CalFire, Alpine Fire, and Sycuan Fire. Fortunately, crews were able to quickly control the fire without local damage.
Then, at 6:21 a.m., on Thursday morning, crews received a report of another fire in the creek area off of the 13700 block of Highway 8 Business. Due to the damp morning conditions the fire was held to a small spot and was quickly controlled.
An early morning fire smolders in the moist air. Under different conditions this fire could have been much worse.
All the fires are currently under investigation and while no connection has been established between the three fires, local residents are always asked to be vigilant in reporting suspicious activity to local law enforcement.
Submitted By: Fire Captain Mark Grow, Lakeside Fire District.
Photo By: Fire Captain Eric Stamm, Lakeside Fire District
Labels: Alpine Fire, Automatic Aid, District 3, Glenview, Sycuan Fire, Vegetation Fire
Vegetation Fire in the Los Coches Creek
On Wednesday, May 7, 2014, at 4:47 p.m., the Lakeside Fire Protection District received a 911 report of a vegetation fire in the Los Coches Creek area near Los Coches Road and Via Diego. A wildland response to was sent to the incident which included one brush engine, two structural engines, an ALS medic unit, a water tender, and a chief officer.
While units were still responding to the fire, additional calls were received stating that there was a fire burning in the heavy fuels in the creek bottom. As Engine 2 turned onto Los Coches Road, they could see the smoke rising in the area.
With the arrival of Engine 3 (Lake Jennings Station) they reported a 100'x 100' area on fire. A hose line was extended into the area and the fire was quickly knocked down. Due to the nature of the heavy fuels, firefighters faced an extensive overhaul operation as many hotspots remained. Crews remained on-scene for over an hour to make sure that no ignition sources remained.
A total of 13 Lakeside Fire personnel responded to the fire. The cause is currently under investigation. No structures were threatened by this fire.
Labels: District 3, Vegetation Fire
Governor Brown Issues Proclamation Declaring Wildfire Awareness Week
Condominium Fire on Mapleview Street Brings Second Alarm
On Sunday, May 4, 2014, at 4:07 p. m., the Heartland Communications Center received a 911 call from an occupant that stated there was a wall on fire in their condominium unit in the 12500 block of Mapleview Street. The first alarm sent four structural engines, one truck company, an ALS medic unit, and a chief officer to the fire. Enroute units were advised that a number of units were filling with smoke from a possible attic fire.
Medic 2 (River Park Station) arrived on-scene and reported smoke showing from the complex. Unsure that the occupants had safely exited the unit, firefighters made entry and conducted a search for victims. Engine 1 (Riverview Station) soon arrived and advised the smoke conditions had worsened and fire attack lines were pulled.
Crew members don their breathing apparatus in preparation of entering the structure.
Crews soon discovered that a fire was well established in the common wall between two units and had advanced two stories to the attic space. The labor intensive task of opening up the walls and roof began. Fire was quickly discovered on the second floor and attic. The incident commander requested a second alarm to augment crews already engaged in chasing down the hidden fire.
The crew from Santee Truck 4 makes their way to the roof to begin operations.
With the second alarm came an additional four structural engines, one additional truck company, and an additional chief officer.
Truck crews were sent to the roof to conduct ventilation and roof removal operations. Fire was located in the attic area and was knocked down by crews before it could spread to other units. Simultaneously crews were searching adjoining units and conducting salvage operations as smoke and water was entering these occupancies.
Crews begin the task of salvage operations. Smoke and water are removed from the affected units.
Crews were eventually successful in extinguishing the fire after extensive interior operations. Unfortunately, three units had been affected to the point that they could not be occupied. The Red Cross was contacted to assist the families that had been displaced.
It was determined that the fire started during plumbing repairs that involved the use of a torch. A total of 16 Lakeside personnel responded to the incident assisted by personnel from the Santee Fire Department and Heartland Fire and Rescue. Again this demonstrates the seamless working relationship between participants of the automatic aid agreement.
Crews received logistical support from the Lakeside Logistic Volunteers. They provided cold drinks and breathing apparatus support during this operation.
Additional Photography Provided By: LVG Dennis Canfield, Lakeside Fire District
Labels: Automatic Aid, District 2, Heartland Fire-Rescue, Lakeside, LVG, Santee Fire, Structure Fire
Early Morning Fire brings Immediate Structure Threat
El Monte Valley-
On Thursday, May 1, 2014, at 6:51 a.m. the Heartland Communications Center received multiple calls about an explosion and brush fire in the area of El Monte Road and Lake Jennings Park Rd. At the time of the call, the Lakeside area was experiencing the third day of significant Santa Ana wind conditions. An augmented initial response was dispatched that sent two brush engines, three structural engines, a water tender, an ALS medic unit, and two chief officers. Simultaneously, CalFire sent multiple companies to the fire.
Lakeside Fire crews start laying hose on the flank of the fire.
Crews knocking down hotspots in advance of the hose lay.
Responding units could soon see a large loom up of smoke in the area. Soon a wave of 911 emergency calls were received reporting that the structures on Laurel Canyon Road and Vista Laurel Place were being threatened by the fire. An "initial attack" strike team (5 engines and a chief officer) was requested to provide structural defense.
Arriving crews found a well established wind-driven fire that was pushing toward residential structures. Firefighters took up positions on the flank of the fire and on structures in the fire's path. Due to the fierce winds, a number of embers were blown into the housing tract starting a number of small spot fires. Crews assigned to structural defense quickly knocked down those spot fires. There was some minor infrastructure damage to fences in the area; however, there was no direct damage to the exposed structures.
Baptism by Fire: The new Engine 3 takes up a position with Brush 1 on the El Monte Valley side of the fire.
Crews were able to contain the fire at 4 acres. The Lakeside Fire District was in unified command with CalFire. Assistance was provided to Lakeside from CalFire, Santee Fire, and Alpine Fire.
Photos By: Fire Engineer-Paramedic Rich Smith, Lakeside Fire District
Labels: Automatic Aid, Cal Fire, District 3, El Monte Valley, Vegetation Fire
Central Zone Firefighters Engaged at the Bernardo ...
Communications Volunteer Group Announces Amateur R...
Lakeside Fire Crews Kept Busy with Multiple Vegeta...
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Condominium Fire on Mapleview Street Brings Second...
Early Morning Fire brings Immediate Structure Thre...

redpajama_set_name: RedPajamaCommonCrawl


After the success of the first doubles league match kindly sponsored by Tubertini Malta, the month of February heralds in an eagerly anticipated venue for KSFA`s second doubles match.
This will take shape in the form of Manoel Island Gzira certainly a favourite with our anglers.
The match is being held on the 15th of February.
As usual we meet at 0600 sharp for bait distribution and drawing of pegs. We fish at 0700.


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Large modern cocktail table made of a metal base and a marble table top. The base has Arts and Crafts inspiration with girder like legs. The black marble tabletop is veined with white streaks giving it interesting detailing.


Purchasing A Home From State This approach is rarely recommended, since you will likely pay a high rate of interest on the advancement. If this is your only option, it is a concept to consider as long as you fit with your ability to repay the equilibrium as rapidly as feasible.
How to earn $398/day using we sell houses Germantown.
You're in a vendors market. (I understand, it's 2011 as well as there really typically aren't any kind of sellers markets right now. Yet utilize your imagination.) There are a lot of home buyers but insufficient houses to walk around. The majority of homes are going under agreement within a week of being provided. Vendors are obtaining multiple offers from customers attempting to outbid each various other. You find a house that's listed for $275,000. You do some research study as well as find that the average list price from a handful of comps is $273,000.
What To Deal On A Home That Is Costly Exactly what is a mortgage? The lawful meaning is "in regulation a promise of property as safety and security for payment of a financial obligation. If the borrower (debtor) fails to pay the financial obligation, the lending institution (mortgagee) deserves to look for repossession. Any sort of building can be mortgaged. An easier interpretation is "A mortgage is a loan on building, payable over a period of up to twenty-five years".
It isn't difficult to envision, however, exactly how a rational individual could become a starry-eyed pipeline daydreamer when it concerns offering a house. After investing years in a house, as well as spending heavily in it, it doesn't seem unreasonable to presume that the treatment that has actually gone into a residence will certainly boost its worth. However veteran brokers state the most significant mistake residence sellers make is puzzling the cost or costs with home value.
Germantown Property Investors Association (MREIA) http://www.investmentpropertiessurprise#Tennessee:t#.com/news.htm Call: Robert K. Burns Telephone: (305) 303-5173 When: Fourth Tuesday of each month, 6:30 pm Where: Airport Marriott Hotel, 10th flooring, 1201 LeJeune Rd., Germantown.
What To Deal On A Residence That Has Gotten On The marketplace For A Year Competition The amount of energetic houses are currently on the market? How many meet your search criteria? Take a look at your CMA as well as see the number of energetic comparables there are. Great deals of homes imply lots of supply, an indicator of a buyer's market. Certainly, the number of residences that constitutes "a great deal" in any area is relative to the historical norm, so you could need to ask for your Realtor's experienced viewpoint about whether the current supply of homes on the market is scarce or abundant compared with Germantown.
You can shield yourself against rates of interest modifications with a price lock, considering that the price can alter in between the moment you talk to the lending institution and when you sign the home mortgage. Once you have actually relocated right into a certain stage of the financing procedure, your lender will typically provide you the option to lock your rate.
As an example, if you could consent to set up your real estate assessment rapidly and also to take obligation for smaller repair work that emerge your deal will be a lot more attractive than a contending offer that includes a lot more pre-closing repair to be completed by the seller.
Some lending institution provide reduced or no deposits for those with competent debt or that fulfill particular requirements. As an example, the Navy Federal Cooperative credit union provides full home mortgage funding to those that are members of the army or their relative, along with some noncombatant staff members of the armed forces or Department of Protection. Other cooperative credit union, such as the NASA Federal Cooperative Credit Union and also the Travis Cooperative credit union, additionally offer prospective zero-down financing.
Telescoping ladders are very easy to carry through homes without running across wall surfaces as well as could be lugged in the trunk of an automobile. Due to the fact that it could not be aesthetically confirmed that the securing systems are fully engaged, they can be extra unsafe compared to other types of ladders. They are made use of by some inspectors and cost about $170.
If you get that meeting, make sure you are prepared with records that show youre an excellent threat. Lending institutions like security. If you can show them that youve resided in the very same home (or city) as well as functioned the exact same work (ideally for the exact same company) for a number of years, it most definitely will aid your instance.
Buying Real Estate Germantown Eldred Pdf If youre all set to begin building a passive income via rental real estate, book a FREE call with our team today. Were ready to speak about your objectives and also intend to assist you learn more concerning gaining legacy wealth for you as well as your family.
As an example, if you get a house that was built for you, your initial tax obligation assessment will certainly more than most likely only take into consideration the land value of the home. Once the property is analyzed again, it will certainly consist of the land worth PLUS the value of your residence. As a result, your home or business tax obligations will certainly enhance and so will your escrow repayment. Which ways, inevitably, your regular monthly mortgage payment will raise.
Whether you want to purchase a house in Germantowna Beach to be close to theNASCAR actionor mean to be close to hotel area on the Gulf Shore, you should ask yourself exactly what areas give you ease of access to the areas you most likely to the majority of. Having a Second house thats far from your preferred activities or destinations might make having a home far from home far more challenging. Searching for culture along with interesting night life? Germantown may be for you. Retired and also prepared to sit back? Perhaps Germantown or Secret West is an excellent fit. Have youngsters or grandkids who such as trip? Germantown along with Germantown may be fantastic areas to find your newvacation building. While you can not desire to stay in more touristy parts of #Tennessee:t#, youll need to consider traveling time to your preferred areas if you choose much less thriving locations.
Purchasing A Home With Cash Germantown County is the 5th biggest region in #Tennessee:t# by populace and the biggest area in both the state and the nation by location. It has an acreage of 20,057 square miles, making it a little larger than Costa Rica. The average efficient property tax rate in Germantown Region is 0.92%, 15th highest in the state.


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Q: Does diagonals exceeds the entire matrix? Let $A \in \mathbb{R}^{n \times n}$ be a matrix whose entries are nonnegative. Also, let $d=\text{diag}(A)$. Is $\frac{1}{n}\mathbf{1}^{\top}\text{diag}(A)\mathbf{1} - \frac{1}{n^2}\mathbf{1}^{\top}A\mathbf{1} \geq 0$ where $\mathbf{1}$ is a vector of all one? If not under what condition on $A$ it would be true?
My try
$$
\text{trace}(\frac{1}{n}\mathbf{1}^{\top}\text{diag}(A)\mathbf{1} - \frac{1}{n^2}\mathbf{1}^{\top}A\mathbf{1})=\frac{1}{n}\text{trace}(\mathbf{1}\mathbf{1}^{\top}\text{diag}(A))-\frac{1}{n^2}\text{trace}(\mathbf{1}\mathbf{1}^{\top}A)
$$


These mice were used for transcriptional profiling of macrophages stimulated with different stimuli at different time points in the presence or absence of a kinase inhibitors.
This cytokine cocktail was used to mature human monocyte-derived dendritic cells, on which subsequently, transcriptional profiling was performed.
This supernatant was created during a co-culture of the stained cells and subsequently frozen at -80°C for analysis of DC-stimulation.
At the end of a process of total RNA extraction from yeast cells, when the pellets were dry, they were resuspended in RNase-free water.
The leukapheresis product is taken from a HLA-A2 positive healthy donor and is subsequently separated into monocytes and lymphocytes.
Migration of DCs was studied in vivo in melanoma patients exploring MRI. From isolated lymphnodes obtained after surgery we could identify single DC after staining with Prussian blue for iron. We are in the process of analysing the T cell rosettes (activation stage) that surround these DC to get insight in the functional activity.
The leukapheresis product is from patients with advanced (stage III or IV) melanoma. It is used to provide sources for tumor antigens as well as monocytes and T cells, which are isolated from the leukapheresis product by elutriation.
This tumor lysate is from patients with advanced (stage III or IV) melanoma. It is used for the generation of a vaccine and loading of DC.
The Leukapheresis product from cancer patients was used to produce enriched monocytes using elutriation.
Co-cultures of mDCs and pDCs in response to CpGs, LPS and bacterial particles were studied to identify a possible cooperation between myeloid and plasmacytoid DCs in response to different microbial stimuli, and to characterize the mechanisms of this cooperation.
This supernatant contains the infective MAGE-3 encoding viruses and the natural tumour peptides and is needed for metastatic melanoma vaccine production.
These mice were immunized with LACK and used in a DC staining experiment. LN cells were purified 2 days later, and stained with either 2C44, 2F74, 2E60 or 2X8 mAb. None of these mAb stained DC purified from non immunized mice. Among the 4 mAb, only 2C44 could stain DC in LACK-immunized mice, but not in OVA-immunized mice.


Gravenstein Apple is a medium-sized tree that is typically grown for its edible qualities. It produces chartreuse round apples (which are botanically known as 'pomes') with a red blush and buttery yellow flesh which are usually ready for picking from mid to late summer. The apples have a tart taste and a firm texture.
Gravenstein Apple features showy clusters of fragrant white flowers with shell pink overtones along the branches in mid spring, which emerge from distinctive red flower buds. It has forest green foliage throughout the season. The pointy leaves turn yellow in fall. The fruits are showy chartreuse apples with a red blush, which are carried in abundance in mid summer. The fruit can be messy if allowed to drop on the lawn or walkways, and may require occasional clean-up.
Gravenstein Apple will grow to be about 25 feet tall at maturity, with a spread of 25 feet. It has a low canopy with a typical clearance of 4 feet from the ground, and is suitable for planting under power lines. It grows at a medium rate, and under ideal conditions can be expected to live for 50 years or more. This variety requires a different selection of the same species growing nearby in order to set fruit.


After catching our eyes, ears and attention at Big Sound 2017 (review here), we knew it wouldn't be long before Melbourne's Pagan started to make waves. This year they supported Rise Against up the East Coast, announced their debut album BLACK WASH will be out July 6th via EVP Recordings and now they're taking the album on the road in August for their first ever headline tour.
Kicking off on August 11th in rAdelaide at Crown & Anchor, the band will hit up Capital Cities on the East Coast (soz Perth) and include a trip to the deep south, Tasmania. So what better time to join the cult than right now.


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Ask Pacific Standard: Food Insecurity
Lands of Metamorphosis
Taking Freedom
Tomando La Libertad
Unseen America
For Transgender Patients, a Growing Fight Over Health Coverage
One transgender woman's effort to get a mammogram highlights larger confusion over care.
Nina Martin
(PHOTO: BART78/SHUTTERSTOCK)
Last spring, Jennifer Blair, a 62-year-old aspiring therapist who lives in Denver, noticed the kind of changes in her breast tissue—rapid, abnormal growth on one side of her chest—that would frighten any woman and alarm any physician.
Blair didn't have health insurance, but because she didn't earn much money, she qualified for Colorado's state-run Women's Wellness Connection program, which funds free mammograms through Planned Parenthood and other health-care providers.
Or so she thought. Blair was born a male, undergoing gender-reassignment surgery a decade ago. But the Centers for Disease Control and Prevention, which pays for the mammogram program, requires clients getting free screenings to be "genetically female."
Blair eventually was able to scrape together the $400 cost of the mammogram, which ruled out cancer. But she said the frustration and humiliation still linger.
Transgender people still require the same kinds of medical care as they did before gender reassignment —pap smears for genetic females, for example, and prostate exams for genetic males.
"It was so patently discriminatory and wrong," she said.
Right or wrong, Blair's predicament is one that advocates say more and more transgender people are confronting.
"This is just one example of the minefield that health care can be for a transgender person," said Shane Snowdon, director of the Human Rights Campaign's Health & Aging Program (and before that, founding director of the Center for LGBT Health & Equity at the University of California-San Francisco). "It's very seldom that you don't encounter some kind of problem accessing care."
It's a considerable conundrum, given the complicated medical issues many transgender people face. In Blair's case, these include exposure to large amounts of estrogen, the side effects of which have been found to include an elevated risk of breast cancer and life-threatening blood clots.
Breast cancer in the transgender population, though rare, is probably significantly underreported, according to the American Cancer Society. Indeed, Susan G. Komen for the Cure, the most prominent breast cancer organization in the country, urges transgender people to immediately report "any change in the look and feel of a breast."
Adding to the complexity, transgender people still require the same kinds of medical care as they did before gender reassignment—pap smears for genetic females, for example, and prostate exams for genetic males. Transgender men can still get breast cancer following mastectomy or ovarian cancer if they haven't had their ovaries removed; transgender women can still get prostate cancer.
This can be hard for providers and insurers to wrap their heads around, according to advocates. Once transgender people go through reassignment surgery, their sex change is marked in their medical records, and insurers often don't want to pay for tests and treatments pertaining to the sex that a patient used to be, advocates say. In fact, people fortunate enough to have insurance through their jobs frequently discover that the fine print of their coverage explicitly bars paying for cross-gender medications or care.
That's what happened last spring, when Aetna initially denied coverage for a New Jersey transgender woman's mammogram. The company later backed down and apologized.
"That's very common," said Ilona Turner, legal director at the Transgender Law Center in Oakland. Indeed, a 2010 Institute of Medicine report found that when medical providers were aware of a patient's transgender status, the patient was significantly more likely to be harassed or denied care.
Perhaps more common for transgender people, however, is the situation Blair found herself in: without any insurance whatsoever. In her case, a heart condition made her uninsurable, she said; for others, being transgender can itself be considered a pre-existing condition. And for still others, the decision to undergo gender reassignment requires them to leave their job or risk being fired, either outcome robbing them of their insurance.
The result is that transgender people are much more likely to be poor—and in poor health. In Colorado, male-to-female transgender people are four times more likely to be impoverished than the general population, a 2011 survey found.
Blair is exactly the kind of person that Colorado's WWC program should be helping, said her lawyer, Sarah Parady, who has filed complaints with the state's Civil Rights Division and the U.S. Department of Health and Human Services, which includes the CDC.
The Colorado Anti-Discrimination Act specifically bars discrimination against transgender people in places of "public accommodation" such as a health clinic, Parady said. Whatever the CDC says, "that does not excuse the WWC program from complying with Colorado law," Parady said. She also noted under the CDC's interpretation, male-to-female transgender people don't qualify for free screenings—but female-to-male transgender people do. She called that distinction "inexplicable."
In its written response to the complaint, the state Department of Public Health and Environment, which runs the WWC program, said it was bound by the CDC rule.
Meanwhile, Jacqueline Miller, the medical director overseeing the screening program for the CDC, has said the agency was only complying with a 1990 statute, the Breast and Cervical Cancer Mortality Prevention Act. "CDC's position has been that federal funds can only be used to screen clients born as women since the law establishing the program specifically states women," Miller said in an email to Colorado officials in July. To avoid denying necessary care, Miller added, the CDC encourages grantees "to identify other payment sources ... that are not restricted to women."
Now the Human Rights Campaign and the National Center for Transgender Equality have entered the fray. Recently, the groups sent a letter to the CDC's director, Thomas Frieden, urging him to bring the agency's interpretation into compliance with Affordable Care Act guidelines that prohibit discrimination on the basis of gender identity or sex stereotyping.
The CDC policy "is clearly discriminatory, dangerous to the health of an at-risk population, inconsistent with prevailing recommendations for transgender health care and at odds with current federal policy ensuring access to care for transgender individuals," the letter said.
On the phone, Snowdon of the Human Right Campaign was even blunter, saying that the CDC rule "runs afoul of all contemporary medical thinking."
In an email, a CDC spokeswoman said the agency is reviewing the letter and will respond "as soon as possible."
This post originally appeared onProPublica, a Pacific Standard partner site.
GenderHealth CareInsuranceTransgender
How to Pay for Health Care When You're Trans*
More employers than ever provide at least some coverage for gender transitioning, and states are stepping up to ban clauses that allow private insurers to deny basic health coverage to transgender people. But most still scramble to pay for their care.
Shut Out of Malaysia's Health-Care System, the Transgender Community Seeks Medical Refuge in Thailand
Transgender health care has diminished alongside a creeping crackdown against Malaysia's LGBT community over the last four decades.
Why Transgender Kids Should Wait to Transition
Most gender dysphoric children outgrow their dysphoria, and do so by adolescence.
What Does the Rise of Catholic Hospitals Mean for Reproductive Health?
A new report details the rapid growth of Catholic health care networks, and the questions and concerns that have attended it.
New Rules for Non-Profit Hospitals That Sue Patients
Non-profit hospitals get big tax breaks for providing care for patients who can't afford it. Under new IRS rules these hospitals must take extra steps to inform poor patients they may qualify for financial assistance.
How to Be An Ally to Gender-Expansive and Transgender Children
Gender-non-conforming children who are supported can thrive. But if pressured to be strictly male or female, they can be harmed for life.


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Satan's Failure in Resisting the High Priest
Paradise Restored to Mankind—By Theocracy!
"'Hear, please, O Joshua the high priest, you and your companions who are sitting before you, for they are men serving as portents; for here I am bringing in my servant Sprout [New Growth, By].
Zechariah 3:8, 9.
32. How did Joshua and his "companions" serve as portents?
32 The message of this part of the vision, the prophet Zechariah had to make known, not only to the high priest Joshua, but also to his "companions" who were sitting before him, that is to say, the underpriests. Why? Because these were "men serving as portents." In this case they would not portend anything bad, but, in view of the divine announcement that they are about to hear, they would portend something good, especially good. They would have to bear witness to what they were told through the judicial angel of Jehovah, and on that account they would portend the coming of a greater priesthood in the not too distant future, a priesthood of higher rank than theirs at the temple in Jerusalem. It would be a Messianic priesthood, and their high priest would be the Messiah himself. In harmony with that portentous significance that they as underpriests of the second temple of Jerusalem had taken on, their present high priest, Joshua the son of Jehozadak, was a portent of the Messianic High Priest. He was a type of that one!
33, 34. (a) So, as portended, there was a need of what then? (b) Was this needed High Priest provided according to a legal commandment or according to something extraordinary on God's part?
33 There was need for a better priesthood, particularly a better high priest, one like ancient Melchizedek. (Genesis 14:18-20) In explanation of that fact it was later written, in Hebrews 7:15-22, to Hebrews who had accepted the promised Messiah:
34 "And it is still more abundantly clear that with a similarity to Melchizedek there arises another priest, who has become such, not according to the law of a commandment depending upon the flesh, but according to the power of an indestructible life, for in witness it is said: 'You are a priest forever according to the manner of Melchizedek.' Certainly, then, there occurs a setting aside of the preceding commandment on account of its weakness and ineffectiveness. For the Law made nothing perfect, but the bringing in besides of a better hope did, through which we are drawing near to God. Also, to the extent that it was not without a sworn oath, (for there are indeed men that have become priests without a sworn oath, but there is one with an oath sworn by the One who said respecting him: 'Jehovah has sworn (and he will feel no regret), "You are a priest forever,"') to that extent also Jesus has become the one given in pledge of a better covenant."
35. How was the greater High Priest a "sprout" rather than a "branch," and from what was he foretold by Jeremiah to sprout?
35 The underpriests who were companions of High Priest Joshua and who sat before him to receive instructions from him had to be "men serving as portents" of something better, forasmuch as Jehovah by his judicial angel went on to say: "For here I am bringing in my servant Sprout!" (Zechariah 3:8) "My servant," Jehovah's servant, was not to be a branch of the priesthood of Aaron's family. As far as priesthood was concerned, he was shooting up out of entirely different soil, from a different root. Jeremiah 23:5, 6 indicates of whom the Messianic High Priest would be the sprout, saying: "'Look! There are days coming,' is the utterance of Jehovah, 'and I will raise up to David a righteous sprout [a new growth of David coming right, By]. And a king will certainly reign and act with discretion and execute justice and righteousness in the land. In his days Judah will be saved, and Israel itself will reside in security. And this is his name with which he will be called, Jehovah Is Our Righteousness.'" God brought in this Sprout in the year 33 C.E.


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Filed under California, non-economic damages
By Don Willenburg, Oakland on August 24, 2021
It just got tougher to pin a California plaintiff's expert down at deposition.
Generally, a witness cannot give a declaration opposing summary judgment that is inconsistent with prior discovery responses (D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1), and an expert witness cannot testify beyond the opinions offered at deposition (Jones v. Moore (2000) 80 Cal.App.4th 557, 565 ["When an expert deponent testifies as to specific opinions and affirmatively states those are the only opinions he intends to offer at trial, it would be grossly unfair and prejudicial to permit the expert to offer additional opinions at trial."]).
A recent California decision throws both those principles into question. Harris v. Tomas Dee Engineering Co. ruled that an expert's declaration advancing a new theory was not only admissible, but created a factual issue that required reversing summary judgment to the defendant.
The new theory was on a key issue in the case: whether the decedent was ever exposed to asbestos from the defendant's activities. At deposition, industrial hygienist William Ewing testified, "If he wasn't present when the work was done, then I don't think there'd be any issue regarding any exposure." When plaintiffs were confronted with a potentially fatal motion for summary judgment based on this testimony, however, the expert backtracked. He provided a declaration opining that Mr. Harris "did not need to be present at the exact time that the insulation block was being removed, swept up, and/or installed by Thomas [Dee] workers to be exposed." Why? Because of the theory of re-entrainment. "This cycle of re-suspension is well-documented and is generally accepted in the industrial hygiene field."
The trial court rejected the new opinion as contradictory, and granted summary judgment. The Court of Appeal reversed. It ruled that the Jones v. Moore bar applied to an expert's trial testimony, but not to testimony on summary judgment. This is contrary to Perry v. Bakewell Hawthorne, LLC (2017) 2 Cal.5th 536, 541-543, where the Supreme Court held that the same evidentiary standards apply on summary judgment and trial. Harris does not mention Perry.
Harris also ruled that D'Amico was more limited than many defense counsel suppose, and did not bar the changed testimony. The Court of Appeal distinguished D'Amico as involving factual assertions by a party. "In contrast, in the present case, Mr. Ewing's declaration relates a scientific theory that he apparently did not discuss in his deposition, and his statements in the declaration do not contradict any prior testimony regarding facts he observed." Further, he explained the difference "by referencing the re-entrainment theory, which he stated is widely accepted in the scientific community." The court distinguished cases where no explanation was offered.
Harris provides several important takeaways for defense counsel.
First, the case underscores the importance of asking the right questions of expert witnesses at deposition, ensuring that the opinions are clearly stated, and clearly stated to be the only opinions the expert has to offer.
Second, noticeably absent from the discussion in Harris was the adequacy of plaintiff's expert witness declaration under California Code of Civil Procedure section 2034.210. Had the defense focused on the adequacy of the expert witness declaration – e.g., whether it actually advanced the re-entrainment opinion – instead of "contradictory testimony," the result may have been different.
Third, rather than focus on excluding contradictory opinions at summary judgment, the prudent defense lawyer should focus examination at deposition on foundation for an expert's opinions, and then assert evidentiary objections to those opinions at the summary judgment phase.
Fourth, Harris calls into question whether any strategy to lock down an expert witness can be 100% effective, or whether a plaintiff expert can always advance a new theory if it is "out there" in the literature. There are still concrete steps that counsel can take.
Filed under Asbestos, California, Experts
A Return to the Hotel California: Out of State Plaintiffs Must Bring Their Causation "Baggage" With Them
By Christopher Strunk, Oakland, Lance Shurtleff, Denver and Tyler Kirsch, Oakland on July 15, 2021
Out of state plaintiffs flock to California courts to take advantage of its laws, including its more relaxed causation standard for asbestos injuries. However, a recent California appellate decision highlighted the fact a plaintiff may not evade the application of his own state's causation standard when his asbestos exposure occurred entirely in that state – notwithstanding a California venue.1
Swanson v. The Marley-Wylain Company held the trial court erred by permitting a causation instruction based on California law, when Michigan's causation standard properly applied. Swanson involved a Michigan-based plumber who, from 1969 to 1976, was allegedly exposed to asbestos while working on boilers manufactured by a Marley-Waylain ("MW") subsidiary. He moved to California in 1979, was diagnosed with mesothelioma in 2014, and filed suit in California for his injury. Swanson's exposure to MW's product took place entirely in the state of Michigan, and given there was conflict between Michigan's stronger "but for" standard of proximate cause test and California's "substantial factor" test, MW asked the trial court to order Michigan's causation standard applied. Although the trial court denied MW's motion, the Court of Appeal issued a writ of mandate ordering Michigan's causation law applied. The case proceeded to trial. Plaintiffs persuaded the court to issue a jury instruction setting forth California's substantial factor test; the trial court ultimately instructed the jury the plaintiff "may meet the burden of proving exposure to defendant's product was a substantial factor causing the illness by showing that in reasonable medical probability it was a substantial factor contributing to the plaintiff's or decedent's risk of developing cancer." The jury returned a verdict against MW.
On appeal, MW argued the jury had been improperly instructed under California law, and there was insufficient evidence under Michigan law of a causal link between plaintiff's exposure and his disease. Although the court found the causation evidence could have been sufficient to support the jury's verdict under Michigan law, it found that the trial court committed prejudicial error by instructing the jury on California's "substantial factor" test and reversed the judgment and remanded the matter to the trial court for retrial.
The Swanson decision is important for multiple reasons, particularly its affirmation that the location of a plaintiff's exposure properly frames the applicable causation standard. Even the fact that plaintiff moved to California in 1979 and was a California resident for 35 years before his diagnosis did not compel a different result. California law requires an issue by issue and defendant by defendant choice of law analysis. When, as here, such analysis mandates the application of out-of-state law, a plaintiff may not bypass that mandate with creatively fashioned jury instructions, or through a court's prejudicial error by so instructing a jury.
The key takeaway for those defending California cases with plaintiffs whose exposure took place entirely out of state is to evaluate and seek to apply the causation standard of the locus of exposure. Even when a plaintiff is a California resident, the "issue by issue" evaluation process mandates application of the causation standard from the state where the exposure occurred.
1 This follows on the heels of other California cases seeking to rein in forum shopping by enterprising plaintiff's lawyers, such as this one which sought to limit the use of "nominal" or "sham" defendants to defeat forum non conveniens motions.
Filed under Analysis, Asbestos, California, Causation, Choice of Law, Governmental Interest, Michigan
California highlights burden on defendants seeking to apportion liability to co-defendants and non-parties
By Don Willenburg, Oakland and Christopher Strunk, Oakland on June 2, 2021
A California Court of Appeal has rejected a defense challenge that the defendant was assigned too high a percentage of liability (60%), because the defendant did not introduce enough evidence about other parties' liability. The court also rejected a defense claim that the $25 million noneconomic damage award was excessive, even though it was "well beyond the normal range of awards in similar cases for similar injuries" per a survey of similar verdicts.
Phipps v. Copeland Corporation LLC was an asbestos personal injury case in which plaintiff alleged that his mesothelioma resulted from asbestos exposure during his three years in the U.S. Navy and during his subsequent career as an HVAC technician. Copeland Corporation was one of four compressor manufacturers plaintiff sued by plaintiff, along with many other defendants. Plaintiff proceeded to verdict against Copeland only.
Although plaintiff's medical and causation experts acknowledged during trial at all of plaintiff's asbestos exposures contributed to his overall dose, they specifically (and expectedly) amplified the exposures to the asbestos-containing gaskets contained within Copeland's compressors in an effort to maximize Copeland's share.
The jury found for plaintiff, and ultimately apportioned 60% liability to Copeland, of 15 parties and nonparties on the verdict form. Copeland argued that the evidence could not support "assigning twenty times more fault to Copeland than to any of the other compressor manufacturers, and more fault than all other entities combined."
The court, however, disagreed. "[A]s the party with the burden to establish the percentage of comparative fault attributable to others [citations omitted], Copeland, to obtain a reversal, must show the evidence compelled a verdict in its favor on apportionment as a matter of law." Copeland argued that the apportionment was "illogical" because it found Copeland more responsible than any other compressor companies. However, the court pointed out there was no evidence "to compel a finding that William replaced fewer Copeland gaskets than he did Carrier, Trane, or York gaskets." In reaching this conclusion, the court found that there were sufficient, uncontroverted facts to establish that plaintiff would have worked with far fewer asbestos-containing components from the other equipment manufacturers than from Copeland. In the court's view, Copeland failed to proffer sufficient evidence of the frequency, intensity and duration of plaintiff's exposure to the products of other defendants, including the HVAC defendants, and so could not show that the jury's 60% liability finding was improper.
"The second reason Copeland has failed to demonstrate the evidence compelled a verdict in its favor on apportionment as a matter of law is that 'the jury was permitted to consider the relative culpability of the parties in assessing comparative fault.'" That culpability need not rise to the level of that required for punitive damages, as here the defense had won summary adjudication nixing punitive damages from the case.
Copeland also argued that the noneconomic damages award was excessive. In support, Copeland submitted to the trial court "a spreadsheet labeled "Plaintiff Verdict Amounts in Asbestos/Mesothelioma Cases." An accompanying declaration explained that the spreadsheet was the result of "a process for obtaining comparative verdicts in cases that, similar to this one, involved allegations of asbestos exposure leading to mesothelioma," based on "Lexis Advance® Verdict Analyzer." Neither the trial court nor the Court of Appeal was moved by this use of technology.
"The trial court did not abuse its discretion in refusing to consider Copeland's survey of awards in other cases because, if for no other reason, sections 657 and 658 prohibited the court from considering such material:" the statutes require motions to be made on "the minutes of the court." Accordingly, and because the award was supported by substantial evidence, the judgment and denial of new trial was affirmed.
This case serves as a critical cautionary tale to defendants at trial of the importance of introducing evidence of the liability of others. While California's Proposition 51 imposes several liability only for non-economic damages, the burden of proving these "alternate shares" lies exclusively with the defendant. The Phipps court made clear that, in its discretion, Copeland simply did not do enough to make a showing that the jury's apportionment of responsibility was improper. In light of Phipps, a defendant should consider introducing evidence such as:
Quantitative assessments of the likely doses of asbestos from the products of others and any possible exposures from one's own products, including dose reconstructions from experts when possible;
Medical causation evidence regarding the relative carcinogeneity of fiber type; and
Documentary, "hard" evidence of a co-defendant's liabilities.
When there are multiple defendants at trial, the plaintiff will make some of this case. Where, as here, there is only a single defendant, this will be more onerous and time-consuming.
Filed under Apportionment, Asbestos, California, Prop 51, Substantial Factor
Pain and suffering may become awardable in California wrongful death cases.
By Tyler Kirsch, Oakland on May 20, 2021
California may be joining the majority of the country by making pain and suffering damages available in wrongful death cases. Under current law, pain and suffering is only available in personal injury cases. Senator Laird introduced Senate Bill 447 in February 2021, which would allow the survivor of a deceased plaintiff to recover damages for the pain and suffering of the deceased. The senator premised the need for this change on COVID delaying the courts and preventing trials, and to that end amended the original proposal so that it would apply only where the pain and suffering accrued before January 1, 2026.
Although Senator Laird had originally asserted the need for this change because COVID 19 was depriving some plaintiffs of their day in court, supporters of the bill have voiced more general concerns, such as the notion that the current law allows defendants to "get away with" paying less damages simply because the plaintiff dies before trial, and deprives the victim's family of the additional compensation. Supporters of the bill include the Consumer Attorneys of California, the Consumer Federation of California, and various unions. Opponents include the California Defense Counsel, California Justice Association, California Medical Association, the California Chamber of Commerce, and associations of health facilities and assisted living facilities.
If this bill is passed, it will make wrongful death cases more expensive to settle. No matter whether the death had anything to do with the underlying suit.
The bill has been sent to the Assembly to weigh in on this change.
California Limits Punitive Damages Against Corporations
By Don Willenburg, Oakland on February 22, 2021
Last week, a California appellate court limited punitive damages against corporations. By statute, punitive damages can be awarded against a corporation only if the acts were taken or approved by an "officer, director, or managing agent." Yet courts regularly allow plaintiffs to tar the entire organization without such specific proof. Morgan v. J-M Manufacturing Co. rejected that standard plaintiff position, re-affirmed the statutory restriction, and reversed a $15 million punitive damages award in an asbestos case.
Defendants will be able to use this decision to ward off punitive damages claims, including at the summary adjudication stage, for lack of sufficient evidence. Plaintiffs' counsel will likely cite this decision to support discovery and deposition demands about specific individuals from corporate defendants. Even such more robust discovery may not uncover witnesses or other evidence to support a punitive damages claim, particularly in cases involving asbestos or other materials that have not been used for decades.
Some highlights from the decision:
The primary focus of J-MM's argument is that there is no evidence in the record that a J-MM officer, director, or managing agent authorized or ratified any conduct. J-MM contends that at trial, Morgan "treated J-MM as a monolithic entity" and referred to the company—in its entirety—as "they," without ever identifying who "they" referred to. "[O]f the few J-MM employees whose conduct was specifically identified at trial," J-MM argues, "none even qualified as officers, directors or managing agents of J-MM during the relevant time period."
Morgan does not argue that there is evidence identifying any act of any particular J-MM officer, director, or managing agent. Morgan's argument is that "the entire organization was involved in the acts giving rise to malice," and therefore it need not introduce clear and convincing evidence that any particular officer, director, or managing agent had the requisite state of mind.
"[i]t is difficult to imagine how corporate malice could be showing in the case of a large corporation except by piecing together knowledge and acts of the corporation's multitude of managing agents." … It may be that J-MM's officers, directors, and managing agents acted with the requisite state of mind to support an award of punitive damages in an appropriate case. A plaintiff may be able to provide evidence at trial to "piec[e] together knowledge and acts of [J-MM's] multitude of managing agents." But that did not happen here.
That the defendant is a large company does not relax a plaintiff's burden of proof . . .
The decision changed from unpublished, which could not be cited to California courts, to published and therefore citable. I joined in a successful publication request.
Filed under California, Punitive Damages
California continues on the PFAS regulatory vanguard by banning PFAS in Cosmetics
By Brian Ledger, Los Angeles on November 23, 2020
On October 1, 2020, California passed a law identified as the Toxic Free Cosmetics Act. The Act will prohibit, beginning on January 1, 2025, the manufacturing or selling of any cosmetic product with any intentionally added amount of 24 specified chemicals. The specific list of chemicals includes certain phthalates, formaldehyde, mercury, and PFAS (certain per- and polyfluoroalkyl substances). Although some states have previously passed legislation banning some of the specified chemicals in cosmetic products (e.g., in children's products), California is the first state to pass such a broad band as to cosmetics in general, and specifically to PFAS.
This is not the first time the cosmetics industry has had to respond to environmental regulatory developments in California. Under California's Proposition 65 law ("Prop 65"), cosmetics have been a frequent target for consumer bounty hunter actions. The cosmetics industry has generally taken steps to comply with Prop 65 by reducing the concentrations of Prop 65 chemicals or providing the required Prop 65 warnings under law. Nevertheless, the Toxic Free Cosmetics Act will no longer allow the option of a Prop 65 warning, which will require the cosmetics industry to now eliminate (not reduce) the 24 listed chemicals (excepting unavoidable trace quantities).
The inclusion of PFAS on the list of 24 chemicals is of particular interest, as California has also been on the forefront of other environmental regulatory actions concerning PFAS. PFAS includes over 5000 different compounds that have been used in a wide variety of industries. PFAS has recently been reported by the US Department of Health and Human Service's Agency for Toxic Substances and Disease Registry ("ATSDR"), based on various publications, as potentially causing reproductive and developmental effects in animals, and the EPA has identified limited epidemiological findings concerning possible immune system and thyroid disruption, as well as cancer. Nevertheless, the epidemiological evidence concerning PFAS is very limited and currently developing.
PFAS has been used in many common consumer and industrial products, such as carpet, paints, food packaging, stain resistant sprays, and non-stick cookware. PFAS was also used as a fire-fighting compound in aqueous film forming foam, which served as a very effective fire extinguisher, and has been widely used by the military, airports, and other firefighters throughout the country. The broad uses of PFAS has resulted in detections in soil and drinking water aquifers throughout the United States.
The regulatory framework for addressing PFAS is evolving rapidly. For better or worse, California has stepped to the forefront. For example, on September 29, 2020, California passed a law banning the manufacture, sale and use of PFAS firefighting foam in most applications starting on January 1, 2022. In July 2020, the California Department of Toxic Substances Control released a proposal to regulate plant fiber-based food packaging containing PFAS and has been holding public workshops to develop such regulations.
California's aggressive regulation of PFAS has also extended to the environmental presence of PFAS in drinking water. The EPA has not yet set a maximum contaminant level ("MCL") in drinking water for PFAS. Instead of setting MCLs, EPA established health advisory levels for PFAS, which equate to 70 parts per trillion (ppt) in drinking water. As the threshold is advisory, it is not mandated; however, many states have adopted the EPA's advisory level of 70 ppt.
California, nevertheless, stepped out in front of both the EPA and all other states. In February 2020, California's State Water Resources Control Board reduced the response levels for PFOA and PFOS to 10 ppt and 40 ppt, respectively. Response levels are advisory levels above which California recommends taking a water source out of service. As day follows night, the removal of drinking water sources from service has resulted in environmental litigation concerning the recovery of associated costs, as a wave of PFAS litigation concerning both environmental releases and products liability is beginning to roll across the country.
Filed under California, Environmental, PFAS
The Absurdity of Prop. 65 – Something Fishy
By James Scadden, Oakland on September 9, 2020
Two recent events reminded me of the absurdity of California's "Proposition 65" cancer warnings. You are all familiar with this regulatory scheme that started as a valid public health initiative that quickly became a boon for lawyers on both sides of the bar. What may be considered as a prime example of how this good idea has gone astray is the final resolution of a 10-year long court battle regarding the cancer risks purportedly associated with drinking coffee.
Ten years ago a "nonprofit organization" represented by plaintiffs' attorney Raphael Metzger began a case against Starbucks and many others alleging that since roasted coffee beans contain acrylamide, a listed carcinogen with the state of California, coffee retailers should be fined for not including a Prop. 65 warning with the morning Joe they routinely sell to thousands of customers in the state. The case was assigned to Judge Elihu Berle, who you might recognize as the trial judge on the seminal O'Neil case that led to the "bare metal" defense for asbestos defendants in California.
The case did not proceed well for the coffee vendors, and several settled for amounts reported to be in the millions of dollars. No doubt vast amounts were spent with numerous high profile defense firms, but ultimately they achieved a favorable result. Perhaps unexpectedly, the California Office of Environmental Health Hazard Assessment recently rewrote their regulations concluding that acrylamide in coffee does not pose a cancer risk. Judge Berle has ordered the case dismissed. But only after 10 years of litigation and millions spent by settling defendants.
Trying to ease my mind from the vicissitudes of Prop 65 litigation, I decided to relax with some fishing. But even on a pier in the SF Bay, I could not escape yet another example of an absurd application of Prop 65. See the attached three photos. If you do not recognize it, that is a net fishermen use to raise up to the pier the big ones they have hooked (I say this only from having watched others as I never catch a big one). Notice the close up photo of the float on the net. It has a Prop 65 warning! How on earth could anyone ever sustain any type of exposure from that float that would actually enhance their risk of any type of cancer? But companies selling products into California have become so concerned with Prop 65 litigation that they now put warnings on everything. This type of over warning surely cannot be beneficial.
These are just a few examples of the ongoing excessive application of Proposition 65 that makes one wonder whether its requirement for warnings is actually benefitting California consumers.
Filed under California, Coffee, Prop 65, Warnings
Proposed Changes to California Asbestos Jury Instructions on Causation
By Angela Hampton, San Diego on August 17, 2020
The Advisory Committee on California Civil Jury Instructions is considering changes to many instructions, including two on causation: CACI 435 (substantial factor in asbestos cases) and CACI 430 (substantial factor generally).
CACI 430, applicable in tort actions generally, defines "substantial factor" as "more than a remote or trivial factor" in contributing to the harm, which "does not have to be the only cause of the harm."
CACI 435 is modeled on Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th 953, and provides that the "substantial factor" is not to be determined by causing harm, but a substantial factor contributing to plaintiff's "risk of developing cancer."
Two issues are addressed by the proposed changes: (1) whether CACI 435 applies to defendants other than manufacturers or suppliers of asbestos-containing products, such as property owners or those doing work at a site, and (2) whether in some asbestos cases the more traditional, cause-of-harm CACI 430 may be used. In case you still have asbestos in your building and will like to avoid healthy and legal problems, hire the san jose mold inspection to asses the damage and work to be done.
The proposed changes would answer both in ways that help plaintiffs, and expand liability risk for some defendants. First, the proposed changes to CACI 435 will add "property" and "operations" to "product" as a possible source of asbestos exposure. The proposal cites Lopez v. The Hillshire Brands Co. (2019) 41 Cal.App.5th 679, 688, which ruled that CACI 435 was proper for claims against an employer/premises owner for asbestos at the site, even though not a manufacturer or supplier but rather a user of the product. Lopez reasoned that the point of CACI 435 was to focus on the risk of developing cancer from asbestos, and that the same considerations applied whether or not the defendant was a product manufacturer. Further, Lopez ruled that CACI No. 430's terms "remote and trivial" are misleading and may confuse jurors: "jury instructions therefore should not suggest that a long latency period … precludes an otherwise sufficient asbestos claim." The concern seems misplaced: there is no reason to assume jurors are incapable of understanding the concept of latency.
The proposed changes build on Lopez and would not only extend CACI 435 to non-manufacturers, but would drop from the "directions for use" contrary authority, and a reference that the issue was "was not settled." Potentially worse, they would assert that CACI 430 may never be given in an asbestos case, whether or not in conjunction with CACI 435.
Complicating the problem: even the existing CACI 435 does not faithfully reflect Rutherford, which addresses "a substantial factor in contributing to the aggregate dose of asbestos the plaintiff or decedent inhaled or ingested" (emphasis in original). The existing instruction refers to a substantial factor contributing to the risk of cancer, without grounding that medical opinion (as did Rutherford) in comparative dose. The difference is particularly significant for defendants with minimal or low-dose exposure in cases where there is abundant alternative exposure (e.g., one home remodel job but a lifetime career working near asbestos insulation). GRSM and other defense attorneys have attempted in vain to get this instruction to reflect its source authority.
The proposals and directions for public comment are at https://www.courts.ca.gov/documents/caci20-02.pdf. Comments are due September 2, 2020. Pending that comment period, the changes are due to become effective November 15, 2020.
Filed under Asbestos, California, Causation
California Increases Potential Liability Exposure in Multi-Defendant Cases
The risks of litigating in California just got larger.
California's Proposition 51 makes defendants jointly liable for all economic damages, but severally liable for noneconomic damages only in proportion to fault. The California Supreme Court yesterday unanimously ruled that intentional tortfeasors cannot use Proposition 51 to reduce their share of noneconomic damages. Resolving a split among intermediate appellate courts, the court ruled that "section 1431.2, subdivision (a), does not authorize a reduction in the liability of intentional tortfeasors for noneconomic damages based on the extent to which the negligence of other actors — including the plaintiffs, any codefendants, injured parties, and nonparties — contributed to the injuries in question."
This decision will further incentivize plaintiffs to include and pursue intentional tort claims in multi-defendant cases, even when they are really only "add-ons" to a claim grounded in another theory (e.g., fraud claims in strict product liability failure to warn cases). The potential damages against any defendant facing such a claim now include all, not just some, of the noneconomic damages. Noneconomic damages for such matters as pain, suffering, and loss of consortium are often a multiple of the economic award. Compounding the problem: whether such intentional tort claims will be precluded from insurance coverage as a "loss intentionally caused by the insured."
In B.B. v. County of Los Angeles, police used excessive force and caused the death of a man they caught assaulting a woman on the street while in a drug-induced haze. The jury found decedent 40% responsible, several deputies negligent and collectively 40% responsible, and Deputy Aviles liable for battery and 20% responsible. The trial court entered a judgment holding Aviles liable for 100% of both economic and non-economic damages. The Court of Appeal reversed, but the Supreme Court reversed the Court of Appeal, effectively reinstating the judgment.
In a typically thoughtful opinion from Justice Chin, the court ruled that the statute's application to cases decided "under principles of comparative fault" included negligence (and strict product liability), but did not include intentional tortfeasors. The court rejected multiple arguments that this was unfair and inconsistent with other language in Proposition 51, including those made by defendants and in an amicus curiae brief supporting the defense to which yours truly contributed.
We previously reported on this case just after it was argued, see here.
Filed under Apportionment, California, non-economic damages, Prop 51


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Q: How to click on the angularjs enabled element with ng-click I have below page and I need to click on User Login.
I am unable to locate an element to proceed with.
User Login

A: The element is Angular element so to click() on the element you have to induce WebDriverWait for the element to be clickable and you can use either of the following  Locator Strategies:

*

*Using Java and cssSelector:
new WebDriverWait(driver, 20).until(ExpectedConditions.elementToBeClickable(By.cssSelector("a.nav-link.page-scroll.login-a.ng-binding[data-toggle='modal'][data-target$='loginToast']"))).click();

*Using Python and XPATH:
WebDriverWait(driver, 20).until(EC.element_to_be_clickable((By.XPATH, "//a[@class='nav-link page-scroll login-a ng-binding' and @data-toggle='modal'][text()='User Login']"))).click()