Copyright (c) 1996 La Verne Law Review, Inc.
Journal of Juvenile Law
NOTE AND COMMENT: An Incompetent Child’s Right to Have Medical Treatment Terminated When There Is Uncontroverted Evidence That Medical Assistance Is Futile
17 J. Juv. L. 1
Author: Paymon Mohtashami Bidari
Cases that recognize an incompetent patient’s right to terminate medical treatment do not afford children any protection. These cases do not consider the rights of children and consequently suffer from an internal conflict: their legal standards do not justify their results when the patient is a child. Some courts that have considered a patient’s right to terminate treatment have held that an incompetent patient who is terminally ill may have a right to terminate treatment if the proponents of termination, following the doctrine of ‘substituted judgment,’ prove by ‘clear and convincing’ evidence that the patient would have chosen nontreatment had she been competent.
Substitute judgment, also known as the subjective test, is most often satisfied in cases where the patient has left a living will in which she unequivocally expressed her intent to choose nontreatment or where she has appointed a health care proxy to make such decisions for her. This standard of proof is too great of a burden for children. Minors are considered to lack legal capacity. Hence, it is unlikely that a minor’s execution of a living will or her appointment of a health care proxy will be legally recognized. Without the benefit of either these instruments, the clear and convincing standard is insurmountable. Many statutes do not permit children to draft legal wills. Due to their age, children usually do not consider appointing proxies. Other courts have adopted the “limited objective test,” under which ….
Family-run business faces criminal charges from county.
September 30, 2005 | Copyright
By: Andrew Silva
Sep. 30–BLOOMINGTON — A family-run trucking business operating without permits nearBloomington High School could face criminal charges for parking roughly two dozen tractors and trailers in the rural residential neighborhood.
“We never thought it was a crime to have a business in America,” said Christian Mejia, 21, when told San Bernardino County planned to file a criminal complaint today. Mejia, along with his father and brother, run Mejia Bros. Logistics in the 17000 block of Santa Ana Avenue.
People often have the misconception they can do whatever they want on their own property, said Deputy County Counsel Paymon Bidari, who handles code-enforcement actions. …
County dismisses longtime civil charges against couple
VICTORVILLE A 6-yearlong legal battle for a former Hesperia couple over suspected land-use violations and illegal arms storage stemming from their military surplus business is finally over.
Superior Court Judge Kurt Lewin dismissed San Bernardino County’s long-standing civil charges Monday against Christopher and Trudy Sherburne that they violated the California Business and Professions Code and county regulations.
“The county has abated the violations and there no longer is a public threat,’ Deputy County Counsel Paymon Bidari informed Lewin, moving to dismiss the claim against the Sherburnes.
Bidari said the county is waiving fees and costs of up to $2,500 per violation under provisions of the state’s unfair business practices act. …
S.B. COUNTY: Registrar to testify in clerk election challenge
April 17, 2012; 07:05 PM
A San Bernardino County Superior Court judge ruled Tuesday that Registrar of Voters Michael Scarpello can be called to testify in a case challenging the election of San Bernardino City Clerk Gigi Hanna.
The hearing, challenging the disqualification of some ballots in the Feb. 7 election, was delayed until May 2 to give attorneys time to prepare, Judge Donna Gunnell Garza said after meeting with them in her chambers for about an hour.
Hanna took office last month following a close race in February that led to a recount and a six-vote margin of victory.
Supporters of Amelia Sanchez-Lopez, Hanna’s opponent, filed suit seeking to force the registrar to accept declarations of voters swearing they cast ballots that were disqualified.
The registrar disqualified 64 ballots because signatures on their mail-in envelopes didn’t match signatures on their voter-registration cards.
Last week Garza ruled in favor of a motion by Hanna’s attorneys excluding testimony from up to five voters that the plaintiffs had hoped to call, finding that it would not provide any additional relevant evidence.
But Tuesday she rejected a motion by Hanna’s attorneys to also exclude Scarpello, saying his testimony could help “determine the reasonableness of his actions.”
Both Hanna’s attorneys and the county counsel’s office, representing Scarpello, have said that the state election code states that election officials can disqualify ballots when the signatures don’t compare to those on file.
“It’s our position that the only relevant evidence is the ballots and affidavits of registrations,” said Stuart Leviton, Hanna’s attorney.
William Trejo, an attorney representing 12 of the voters whose ballots were disqualified who filed the suit, said he was pleased with Garza’s ruling.
“All we’re asking for is fairness, and I think that’s what she’s asking for,” he said.
Scarpello testified for three hours in a deposition Thursday by the plaintiffs and is willing to do the same in court, said Paymon Bidari, deputy county counsel.
“He will be more than happy to come to court and answer the questions asked of him and help the court determine whether his actions were reasonable,” Bidari said.
County Sues Group-Home for Housing Too Many Sex Offenders.
The state licenses the home in the 2500 block of Third Avenue to house up to six people, but attorneys say up to 11 parolees were living there as recently as Dec. 29.
The county filed a complaint in San Bernardino Superior Court on Friday seeking an injunction and damages against owners Nancy Henry and Hughlyn Henry.
“The injunction, at this point, is to limit them to six clients at this time,’ said Paymon Bidari, deputy county counsel. “The county does not allow them any more than six, with or without a permit.’
The complaint also seeks damages of up to $500 per day for each resident exceeding the home’s limit, Bidari said.