Kagan Confirmation Hearing

Supreme Court nominee Elena Kagan's confirmation hearing is underway today. The 19 member Senate Judiciary Committee has 12 democrats and 7 republicans. Today's hearing is symbolic. In reality, the Committee has already made its decision. Ms. Kagan meet with the members privately prior to today's hearing. Thus, Ms. Kagan will likely be confirmed to the Supreme Court unless, she says something completely off the wall today.

Toyota Ordered To Produce Sensitive Business Records

U.S. District Judge James V. Selna in Orange County ordered Toyota to produce thousands of business records related to complaints of its vehicles suddenly losing control. Some of the documents will be redacted to protect Toyota's proprietary information.

I am attorney Robert. A. von Esch IV. I practice business, real estate, serious injury, and constrution defect law. If you have any questions, please contact me via www.voneschlaw.com.

Internet Kill Switch

The Cyber Security Act of 2009 has resurfaced with proposed changes. Controversy surrounds whether it allows the US Government to shut down the internet, including private communication channels, in a state of emergency. Some experts say that it confers this power. If so, this has serious First Amendment implications. Expect the US Supreme Court to weigh in if this version of the Act is enacted.

I am attorney Robert A. von Esch IV. I practice real estate, business, construction defect, and serious injury law. I can be reached via www.voneschlaw.com.

Photo Enforcement Citations Inadmissible Hearsay

This blog is about an area of the law that is outside of my practice area. However, I thought it was interesting.

Last week, an Orange County Appellate Panel found that intersection camera citations are inadmissible hearsay. Unless the prosecutor puts a representative on the stand from the camera company or from the government to testify that the photo is a government record or business record, the photo is inadmissible. The photo enforcement citations are no longer automatic fines that must be paid by the public. Challenge the citation and you just might win.

I am attorney Robert. A. von Esch IV. I practice personal injury, real estate, business, and construction defect litigation. Please contact me via www.voneschlaw.com.

My Firm Has Added New Talent To Better Serve Clients.

I am working with Jerry La Cues in an of-counsel capacity. As of counsel, Mr. Lacues will be available to assist my clients when necessary. Mr. Lacues is a 30+ year litigator, with extensive experience in secured transactions, real estate, business, and personal injury matters. I am happy to have Mr. Lacues' expertise available.

I am attorney Robert A. von Esch IV. I represent entities and individuals in real estate, construction defect, business, and personal injury matters. For more information or to contact me, please visit www.voneschlaw.com.

The Value Of Your Personal Injury Case.

If you have been injured as a result of the carelessness of another, you may have a right to compensation from the negligent person. In order to assess the value of your case, you must consider the following:

1) Lost Wages

2) Medical Bills

3) Cost of Future Care

4) Pain and Suffering (1-3x the value of medical bills, depending on severity of injury).

5) Property Damage (car repairs, etc.)

6) Future Lost Earnings (if you can no longer work in the same capacity)

7) Loss of Consortium (spouse's loss of companionship, including sex, as a result of injury)

8) Punitive Damages (if accident was a result of careless disregard or with malice).

I am attorney Robert A. Von Esch IV. I practice property damage and personal injury law. If you have any questions or would like to get in contact with me, I can be reached via www.voneschlaw.com.

Foreclosure Consultants

California's Mortgage Foreclosure Consultant Law (Civil Code 2945) requires foreclosure negotiation or consultant firms to comply with several stringent requirements, including but, not limited to the most important three requirements in my opinion:

1) there must be a signed written contract that discloses the exact nature of the foreclosure consultant's services and the total amount and terms of compensation.

2)the mortgage foreclosure consultant must be licensed to provide the service.

3)no up-front fees can be collected by the mortgage foreclosure consultant.

If the mortgage foreclosure consultant fails to comply with these simple requirements, he is liable for any actual damages, plus attorney fees.

I am attorney Robert A. Von Esch IV. I represent plaintiffs and defendants in real estate and business matters. If you would like to contact me, please visit my website at www.voneschlaw.com.