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April 2009 Newsletter |
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Assembly Gives Legal Protection
to Good Samaritans
by Isabel E.
Hopefully, if one saw a child in a burning building one would rush in to save the child. However, good samaritans in California have to worry not only about the fire when they rush in to save the child, but also about being sued. Since December 18, 2008, good samaritans in California can be found liable for any injuries they caused to the person they saved during an emergency. Van Horn v. Watson, 45 Cal 4th 322 (2008).
In Van Horn, Alexandra Van Horn sued her friend, Lisa Torti, for allegedly causing her to become permanently paralyzed. Van Horn was in a car accident and Torti was in a car behind Van Horn's. Torti saw smoke and liquid coming from Van Horn's vehicle and she removed Van Horn from the vehicle, fearing that it would catch fire or "blow up". Van Horn suffered permanent damage to her spinal cord.
Common law states that if a person comes to someone's aid they must exercise due care or they may be liable if they end up causing harm. Van Horn, at 324. However, some statutes provide exceptions to the due care requirement. Id. Torti claimed that, under California Health and Safety Code section 1799.102, she was immune because she provided emergency care at the scene of an emergency. But the California Supreme Court interpreted the statute narrowly to cover only good samaritans who provided medical assistance at the scene of an emergency. Van Horn, at 334.
Concerned that Californians would be discouraged from rendering aid at accidents, the Assembly unanimously passed a bill that shields good samaritans. "We live in a state where there are fires, there are floods and there are earthquakes, and our first responders can't always get to the scene on time," Assemblyman Feuer said. The bill still allows victims to sue in cases of gross negligence or willful misconduct. The bill now goes to the Senate for consideration.
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Access Library Catalogs from Your Cell Phone!
by Kim L.
WorldCat is an international network of library catalogs. They have a new Web tool that allows you to find materials in local libraries' catalogs using your mobile phone. You can even access the San Diego County Public Law Library catalog, since we participate in the WorldCat network.
I recently downloaded WorldCat Mobile and its partnering database, Boopsie, into my Palm Centro. The downloads took only about ten seconds and used very little memory. Once downloaded, all you have to do is choose the WorldCat icon to connect to the Web.
From their website, you select a location and a library to search. You can also download your chosen library's contact information for quick calling when you find your items, or "Map 10" library locations near you that carry your item.
After selecting a location and library, I simply began typing a title. The Boopsie database helps find your item based on the first few letters of each word that users type into the database, allowing for quicker downloads. I was looking for the book, "California Water II" by Littleworth, so I just typed in "calif water ii little" and Boopsie completed the search.
There is a 4-minute video tutorial on their website to help with the initial navigation.
Since WorldCat Mobile is still in Beta testing, they are soliciting your feedback. Check it out, then let them know what you think!
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Featured New Resource &
New Materials Added to the Collection
by Isabel E.
Our Featured Resource
this month is:
Lender Liability, Fourth Edition
by A. Barry Cappello
The opportunity for lender liability arises at any stage of a borrowing transaction. Good legal advice is key for lenders during the lending process.
In the residential lending arena in particular, lenders could be liable not only for their own actions, but also for their brokers and other agents. Borrowers can also be in trouble if they fraudulently induce the lender to loan them money by presenting inflated financial statements or by other means.
With the unprecedented number of foreclosures, plus the failure of banking institutions to date, this book should be useful to the many people trying to navigate the laws covering a lending relationship gone awry.
Lender Liability covers predatory lending, failure to obtain insurance, loan commitments, additions after acceptance, acceleration clauses, prepayment penalty provisions, guarantees, calculation of rates and charges, duty to disclose, default, loan workouts and settlement negotiations, foreclosure and repossession, bankruptcy, etc.
New Materials Added to the Collection
The Law Library regularly adds new materials to its collection. To see new books added to the collection in the last month, CLICK HERE.
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Law Library Acquires
Federal Documents Record Set
by Chris P.
In March, the Library added nearly 40,000 new records to its catalog. These new records will provide access to online versions of federal government documents through the Library's catalog. The record set was acquired from Marcive, Inc., a bibliographic and authority record vendor.
User-friendly search functions allow you to access the records by subject, agency, title or keyword. Once you locate your desired title, a link within our catalog's item record allows you to directly connect to the document. And, because our catalog is available online, these new records are searchable and accessible from anywhere you have Internet access.
Some of these new records include: congressional hearings, reports and documents; case decisions of various government agencies; and publications issued by the Department of Justice, Bureau of Justice, Federal Register Office, State Department, Internal Revenue Service, and many more. To view a sample of the Marcive records for Congressional documents published since 2008, CLICK HERE.
Coverage is primarily from 1999 forward, with some records providing access to older documents. Internet records for new government publications will be added to the catalog on a monthly basis.
The acquisition of the Marcive record set is a major addition to our library's electronic resource collection and furthers our goal of providing access to justice to the citizens of San Diego County.
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Upcoming Classes for April & May
Pre-registration is required for all classes, as seating is limited. Please sign up by calling the appropriate Branch number.
Participants may bring lunch.
For a complete description of the classes and the most up-to-date information, visit SDCPLL's Calendar of Events.
The following classes are free to Law Library members and $5 for non-members.
APRIL
South Bay Branch (619) 691-4929
North County Branch (760) 940-4386
Main Branch (619) 531-3900
- Legal Research Using Free Websites*
Friday, April 3, 2009
12:00 - 1:00pm
- Literature and the Law*
Wednesday, April 8, 2009
Special Speaker: Ona Russell
12:00 - 1:00pm
- How to Effectively Represent Clients in Mediation*
Special Speakers: Robin Duboe Seigle, Esq. & John C. Edwards, Esq.
Thursday, April 16, 2009
12:00 - 1:00pm
- Law Made Public
Saturday, April 18, 2009
2:00 - 3:00pm
MAY
South Bay Branch (619) 691-4929
Main Branch (619) 531-3900
*MCLE Participatory Credit hour(s) available for these classes.
The San Diego County Public Law Library is a
State Bar approved MCLE provider.
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Law Library's 50th Anniversary
Celebration a Success
by Kelly K.
On March 10th, the San Diego County Public Law Library celebrated the 50th Anniversary of its downtown branch. The downtown location was one of only two public law libraries in the country to have its own building when it opened in 1958. In honor of this anniversary, the Library hosted a party for nearly 100 guests in its Federal Reading Room.
The party featured several displays about the Library's history and its unique holdings, which staff spent weeks researching and putting together. Prominent among the displays were architectural renderings of the proposed Library remodel.
The Head of Reference Services created a display about the Library's holdings dealing with disputes over water rights in California. The display featured samples of the extensive collection from the 1963 case Arizona vs. California, 373 U.S. 546, about the rights to the Colorado River.
A Reference Librarian made a display of the Library's criminology books. This included the book, Vinegarroon: the saga of Judge Roy Bean, Law west of the Pecos, a profile of Judge Roy Bean, who escaped from a San Diego jail before naming himself judge and going down in infamy.
A Technical Services Assistant displayed several of the Library's rare books. The oldest item was a Papal Bull from 1151, handwritten on sheepskin. There also was an eighteenth century copy of Blackstone's Commentaries and a sixteenth century copy of Coke's Commentaries.
A Cataloguer prepared a timeline of the Library's history and a chart of the various Library Directors. An Acquisitions Librarian created a display detailing the writings of longtime Library Director Leland Stanford and the artistic endeavors of past librarian Marion Bressette.
The party was a successful presentation of the unique nature of the Library, its interesting past and its promising future.
Thank you to all who participated.
[Photos courtesy of Tim Botsko.]
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Law Week 2009 Arriving Soon
This year's Law Week will run from Monday, April 27th through Friday, May 1st. The 2009 theme is: "A Legacy of Liberty: Celebrating Lincoln's Bicentennial," in honor of Abraham Lincoln's 200th birthday anniversary. Lincoln is often regarded as one of our greatest presidents and someone who was committed to the practice of law.
We have many events planned during Law Week 2009 at all of our branches, including our yearly Legal Resources Knowledge Fair held at each of the Regional Courthouses, guest speakers, a special Abraham Lincoln exhibit, clinics and more.
Stay tuned for more details to follow soon!
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From the Director
by Robert R.
Downtown Facility Remodel
Negotiations with the County regarding the renovation of our downtown facility will begin in April. We are hoping to negotiate a "memorandum of understanding" that will pave the way for construction plans and decisions that will impact the Library's future.
Law Library Survey for SDCBA Members
We are creating a survey to distribute to all members of the San Diego County Bar Association (SDCBA) addressing the Library's resources and services and how we are meeting this group's information needs. I anticipate that the survey will be ready for distribution within a few weeks.
I would like to thank our new County Bar Association Liaison, Tom Buchenau, and the SDCBA for their support in this endeavor. This cooperative effort will enable us to reach a new audience within the local legal community. By distributing this survey through the SDCBA, we hope to reach those attorneys who do not use the Law Library by choice or because of a lack of information about the services and resources we offer. We welcome and value your feedback and hope you will take the time to fill out the survey once distributed. More information will be forthcoming.
50th Anniversary Celebration
Our 50th anniversary party was a great success. Our staff dressed in 50's outfits, there were wonderful exhibits from our rich and unique collection, and root beer floats were served. San Diego County declared March 10th "San Diego County Public Law Library Day," and the State Senate & Assembly issued resolutions acknowledging our longevity.
We took this occasion to showcase our new state-of-the-art Colloquium training center. The Colloquium is a well-equiped conference facility available for public use. Contact the Library for more information at 619-531-3900. We also kicked off our book restoration program and are raising funds to restore old, but valuable books from our collection. We thank Judge Howatt for his financial support and generosity in getting this project off the ground.
Witkin Dinner 2009
We held this year's Witkin Dinner on March 12th at the Sheraton Marina Hotel. More than 160 guests enjoyed the collegial atmosphere and the great networking opportunities the event offered.
The Witkin Dinner is the Law Library's signature fundraising event. Please remember that our legal collection depends on your generosity. Your support is needed to update existing collections and purchase important new materials for all our branches. Contributions to the Law Library are accepted all year round through the Law Library Justice Foundation. Please feel free to contact me with any questions you may have at rriger@sdcpll.org.
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Cartoon by Stu Rees
Stu's Views are "Cartoons About Law and Lawyers." Stu Rees is a local entertainment lawyer who represents mostly visual arts creators, specializing in syndication contracts.
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We hope you've enjoyed our newsletter! If you are a guest and would like to subscribe, please CLICK HERE.
We're hard at work on the next edition. In the meantime, please visit us online at www.sdcpll.org or stop by one of our four locations.
For more information or to send comments about this newsletter, contact Tina Jagerson, Media Coordinator and South Bay Branch Manager.
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