Bob Mann talks about the proposed Stupid Hiker Law in the July 6

Where Arizona Law and Business Connect
Wednesday, July 6, 2016
CAREER MOVES
Fennemore Craig’s Irvine
earns state bar award as
outstanding tax attorney
Fennemore Craig, a Mountain West
regional firm, announced Patrick
Irvine, a director in the firm’s Phoenix
office, received the
2016 Henry Tom
Outstanding Tax Attorney award.
The award was
presented at the
State Bar of Arizona’s
annual convention
on June 17.
Irvine
“Each attorney at
Fennemore Craig
is encouraged to develop the depth
of expertise necessary to provide the
highest level of client service,” said
Steve Good, managing partner of
Fennemore Craig. “We congratulate
Pat on his recognition by the State Bar
of Arizona as a significant contributor
to the field of tax law.”
Irvine focuses his practice in federal,
state and local taxation, tax-exempt
organizations, public law, Indian law,
and appeals.
A former judge on the Arizona Court
of Appeals, he also regularly serves as
an arbitrator, mediator and judge pro
tem on the superior court.
Irvine earned his LL.M. in taxation
from the University of San Diego and
his law degree and bachelor’s degree
from Arizona State University.
He has been recognized in Best Lawyers in America and Southwest Super
Lawyers.
Irvine is a past recipient of the Distinguished Public Lawyer Award and the
Arizona Attorney General’s Office’s
Counselor of the Year Award.
The Henry Tom Outstanding Tax Attorney Award was established by the
State Bar of Arizona’s Tax Law Section
to recognize a practicing attorney who
has distinguished himself or herself by
making significant contributions to the
field of tax law.
The nominee is one who is recognized by peers as being an excellent
attorney and having demonstrated
extraordinary leadership, initiative, and
innovation.
Vol. 101 / No. 77 / $1.75
n
Published Monday, Wednesday & Friday
GENERAL COUNSEL PROFILE
Organizational Psychology
n
Phoenix, Arizona 85004
ARIZONA ATTORNEY COLUMN
‘Stupid hiker law’
being touted as an
Arizona must-have
A
PHOTO BY THE DAILY JOURNAL
Eden R. Yaege believes the skills she acquired studying social and organizational psychology has
been beneficial in her role as general counsel at Square One Development.
BY JENNIFER CHUNG K LAM
If there’s such a thing as a prescribed path
to the role of general counsel, Eden R. Yaege
didn’t take it. The sole in-house counsel at
Square One Development has been at the family-owned property management company her
entire legal career.
After completing the paralegal program at
the University of San Diego, Yaege earned her
law degree from California Western School of
Law, focusing on transactional business and
real estate law. While at Cal Western, Yaege
interned with Square One. After graduation,
she stayed on as transaction manager and became general counsel six years ago.
But a legal career wasn’t always her aspiration. Yaege studied psychology to the doctoral
level before changing course. In the end, she
decided it wasn’t the right path for her.
“I was more interested in helping out at the
community level and making changes, instead
of just trying to publish,” Yaege said. “I guess
‘disillusioned’ is a strong term, but it didn’t
meet my goals.”
Serving the community is still a priority, and
to that end, Yaege has served on the Clairemont
Town Council in various capacities for several
Eden R. Yaege
Position:
General Counsel
Company:
Square One Development
Location:
San Diego
Size of legal department:
1 attorney
years. She currently lives in North Clairemont
with her husband and three pugs.
Still, she said the skills she acquired studying social and organizational psychology
- researching behavioral changes and how to
make organizations more efficient - has been
beneficial in her role as general counsel.
“I’ve been able to use both of those things
as general counsel, and that’s been helpful not
only from the legal end, but also from an organizational perspective,” she said.
San Diego-based Square One and its affiliated entities handle industrial, commercial,
hotel and office properties. The company
manages more than 1 million square feet of
INSIDE: Johnson sentenced to death for 2010 murder. PAGE 2
INSIDE: Judge dismisses mobile home park owners’ relocation suit. PAGE 4
See YAEGE, Page 2
s Arizona
hits its hottest temperatures of the year, it
once again is time
for the annual outcry
for some non-specific law that would
force hikers to pay
Bob Mann,
for their rescues off
The Frutkin Law
of Phoenix-area trails.
Firm
Though the actual
scope of the law is
rarely if ever specifically defined, those in
favor of it are quick with a name: the “Stupid
Hiker Law.”
Before rushing to judgment, it is important to understand, and perhaps even define,
what behavior the law would seek to punish.
Arizona’s Stupid Motorist Law is often held out
as the prime example of what a hiker law would
look like. There are real differences, however,
between the behavior that the very specific Stupid Motorist Law punishes and what a similarly
called hiker law seeks to penalize.
The Stupid Motorist Law has been in place
for more than two decades. Whether prosecutors rely on it regularly or not, its name alone
serves as a warning to Arizona drivers not
to drive into flooded roadways. Specifically,
the law provides the basis for the recovery of
rescue expenses against a driver who (i) drives
around a “Road Closed” barricade, (ii) drives
into water that is covering the roadway, and (iii)
becomes stranded and needs to be rescued.
See MANN, Page 39
WHAT’S INSIDE
Section
Local News ......................................
Event Calendar ...............................
Public Notices .................................
Crossword/Sudoku Puzzle ............
Arizona Appellate Report ..............
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2
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38
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PAGE 39
THE RECORD REPORTER
Mann
Continued from Page 1
What would a similar hiker law look like?
Central Arizona is home to dozens of hiking
trails at the state, county and city levels. These
parks and preserves cover tens of thousands
of acres and hundreds of miles of trails, with
dozens of trail heads and entry and exit points.
There are also hundreds of miles of hiking
trails located outside of central Arizona.
So questions must be asked: Can someone
place enough signs close hundreds of miles of
trails? Would the local, county or state governments overseeing parks need to put a barrier on
each and every trailhead and entry/exit point
stating “Trail Closed”? Would that even be
possible?
What is the danger that is being avoided?
The Stupid Motorist Law requires that someone
drive around a road closed sign AND into water
NEWS
before that person can be held liable for any
resulting rescue. The danger being avoided is a
flooded roadway.
As such, any hiking law specifically modeled
after the Stupid Motorist Law seemingly would
need to identify the danger.
On Arizona’s hiking trails, there are many
such dangers. Obviously, hot conditions can
cause a problem. However, there are mountain
rescues related to heat and hiker exhaustion in
the winter months, just as there are in summer
months.
Is the goal to discourage hikers who can be
overcome by heat at 100 degrees? 105 degrees?
110 degrees? 115 degrees? Go to any trail in
central Arizona when the temperature hits any
of these marks, and you will find dozens, even
hundreds, of hikers going up and down the
trails all day long, with no problems.
It is probably not fair or appropriate to look at
specific recent tragedies to justify enacting or
not enacting a hiker law. It is important to note,
WEDNESDAY, JULY 6, 2016
however, that when reviewing news reports of
rescues going back several years that injuries
of all types can befall anyone. Experienced,
long-time hikers can find themselves in need
of medical attention on the hottest days, and
novices may need to seek help on days when
the temperature barely climbs over 70 degrees
- or vice-versa.
It is not just the temperature that can lead to
rescues. There also are numerous other risks
associated with hiking desert mountains and
preserves.
Aggressive bee attacks have been reported.
There are, of course, snakes. Monsoon storms
bring dust, heavy winds, rain and lightning, all
of which contribute to rescues.
The trails themselves often have loose
impediments that lead to turned ankles, and,
therefore, rescues.
Should trails be closed down to avoid these
dangers as well?
Surely, there are ways that lawmakers can
-The Record Reporter
Bob Mann is a senior counsel attorney at
The Frutkin Law Firm, PLC. He brings nearly
20 years of civil and complex commercial litigation expertise to the firm, having represented
clients in Arizona litigation matters of all sizes
for clients located in diverse locations, from
North Carolina to Hawaii. He is experienced in
all forms of state and federal court advocacy,
including mediation, governmental administrative proceedings, arbitrations, trials, and
appeals.
NEWS
POM Wonderful’s
pomegranate juice
motion is granted
In an extensive trademark case between
competing pomegranate juice makers, a Los
Angeles federal court judge denied defendant
Pur Beverages LLC’s summary judgment motion Wednesday and granted that of the plaintiff,
POM Wonderful LLC.
U.S. District Judge Gary Klausner denied
Pur’s summary judgment request, which sought
to assert trademark abandonment of POM
Wonderful’s standard “POM” character mark as
an affirmative defense and counterclaim. Pom
Wonderful LLC and The Wonderful Company v.
Robert Hubbard et al., CV13-06917 (C.D. Cal.,
filed June 29, 2016)
But Pur Beverages president — and pro se
lawyer — Ron Hubbard sounded undeterred.
“All they have done is bought themselves
another year or two of holding onto their illgotten and fraudulently obtained trademarks, ”
Hubbard said in an email. “The knockout punch
is coming, rest assured.”
For nearly three years the two companies have
fought over myriad concerns and claims.
POM Wonderful’s juice comes in a curvy bottle with the white lettered “POM” in a thin font.
Pur’s option comes as a flavor among others offered in Pur Beverage’s line of energy drinks.
The flavor at the bottom of the bottle reads
“pom” for pomegranate.
POM originally filed a complaint against Pur
alleging Pur’s moniker for their pomegranate
beverage “PUR Pom” was too closely related
to the widely-known POM label. Pomwonderful LLC v. Pur Beverages LLC et al, 2:13cv6917
(C.D. Cal., filed Sept. 19, 2013)
Pur’s allegation of POM’s abandonment of
its trademark character was denied when the
court concluded that Pom Wonderful’s stylized
mark, a heart-shaped “O,” qualifies as use of the
“POM” standard character mark.
draft an enforceable law to require hikers to
pay for their rescues.
But they need to make it clear and specific.
Hikers need to know exactly when they might
be in violation of any such law.
And don’t punish true accidents. It is important that everyone involved in such legislation
think through what the law will actually look
like, whom it will impact, and what conduct it
is trying to eliminate.
PUBLIC NOTICE
THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY
BEGINS FOURTH FIVE-YEAR REVIEW OF
CLEANUP AT THE
HASSAYAMPA LANDFILL SUPERFUND SITE
The U.S. Environmental Protection Agency (EPA)
has begun the fourth Five-Year Review at the
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miles west of Phoenix in Maricopa County, Arizona.
The review will evaluate whether the cleanup actions
for the Site continue to protect human health and the
environment.
PHOTO BY SHUTTERSTOCK
Company that owns multiple dating sites
agrees to make them LGBT accessible
A Los Angeles company that owns multiple
dating websites, including religious matchmaker ChristianMingle.com, settled two class
actions alleging its services did not provide options for lesbian, gay, bisexual and transgender
individuals.
The company, Spark Networks Inc., agreed
to modify all 10 of its websites over the next
two years to allow users to seek LGBT matchmaking.
The settlement, approved by LA County
Superior Court Judge Ann I. Jones on Monday,
also awards $450,000 in attorney fees to the
plaintiffs’ counsel, Custodio & Dubey LLP.
Spark Networks does not admit to any wrongdoing or liability.
“I am gratified that we were able to work
with Spark to help ensure that people can fully
participate in all the diverse marketplaces that
make our country so special, regardless of their
sexual orientation,” said plaintiffs’ attorney
Vineet Dubey, name partner at Custodio &
Dubey, in a statement.
The only sign-in options provided by ChristianMingle were for “man seeking woman”
and “woman seeking man,” which denied
thousands of prospective users of same-sex
options, according to the complaints. Other
Spark-owned sites, including LDSMingle.com
,CatholicMingle.com, AdventistSinglesConnec
tion.com,and BBWPersonalPlus.com, also did
not offer LGBT options. Aaron Werner v. Spark
Networks, Inc. BC515761 (L.A. Super Ct.,
filed July 19, 2013). Richard Wright v. Spark
Networks, Inc. CGC-13-536389 (San Francisco
Super Ct., filed Dec. 23, 2013).
Plaintiffs said the discrimination was intentional, and cited a violation of California’s
Unruh Civil Rights Act, which states people’s
sexual orientation in the state should be “entitled to the full and equal accommodations,
advantages, facilities, privileges, or services
in all business establishments of every kind
whatsoever.”
The company has two years to modify certain
features and has already changed its prompts
from “man seeking woman” or “woman seeking man,” to asking users if they are a man or a
woman. Search preferences can be changed for
those seeking same-sex matches.
Spark Networks will not be required to
perform any specific marketing or maintain
a certain number of gay and lesbian users for
any of its websites, according to the terms of
the settlement.
“Spark Networks is pleased to resolve this
litigation and continue to focus Spark Networks’ efforts on its mission of creating iconic,
niche-focused brands that build and strengthen
the communities they serve,” the company said
in a statement.
Sabrina Shadi and Margaret Rosenthal,
partners at Baker & Hostetler LLP, represented
Spark Networks.
-The Record Reporter
THE REVIEW PROCESS
The Superfund law requires EPA to evaluate the
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waste materials left on the property do not allow for
the property’s unrestricted access. The Five-Year
Review evaluates the remedy’s protectiveness of
human health and the environment, including whether
the remedy is functioning as designed. The last Five�����������������������������������
SITE HISTORY
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volatile organic compounds (VOCs) were detected
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investigation was conducted, the Site was placed on
the federal National Priorities List (or Superfund list).
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requiring that the hazardous waste disposal area be
capped and that the contaminated groundwater and
soil vapor be extracted and treated to meet cleanups
standards that would protect human health and the
environment. The construction and implementation
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because disposal area waste was capped and left
in place, EPA will continue to conduct these reviews
����������������
COMMUNITY INVOLVEMENT
EPA is always interested in hearing from the public.
If you have any questions or concerns about
the Site, and particularly if you have any direct
knowledge regarding the operation and maintenance
of the remedy, EPA and the Arizona Department of
Environmental Quality (ADEQ) would like to talk
with you. Please feel free to reach out to any of the
contacts listed below if you would like to obtain or
relay any information about the Site.
To learn more about the site, please visit EPA’s website
at ����������������������������������������������
or at ADEQ’s website at http://www.azdeq.gov/
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INFORMATION REPOSITORY:
EPA Superfund Records Center
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Buckeye Library
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CONTACT INFORMATION:
Andria Benner
EPA Remedial Project Manager
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[email protected]
Laura Fischer
ADEQ Project Manager
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[email protected]
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