If you're an entrepreneur, you know that protecting your intellectual property should be high on your list when it comes to safeguarding your company. However, as a successful business owner, you also know the steps and costs of filing a trademark in the U.S. can be expensive and arduous.
This conundrum can be even more overwhelming for new business owners who want to do everything possible to minimize the price of securing trademarks. They try to handle complicated tasks like trademark registration on their own, which can be a big mistake - especially when juggling the day-to-day tasks of running a business. You may be thinking, "But what about those set-it-and-forget-it services you can find online? All you have to do is plug in your info, and you're done." Using pre-made templates for trademark filing can be tempting, but doing so can leave you with inadequate protection and hurt you in the long run.
So, what is the easiest, most cost-effective route to consider that also minimizes legal risk? The truth is, before you spend money on an online filing service, it's best to consult with a trademark attorney working with clients in Fresno, CA.
At Sausser Summers, PC, our experienced trademark attorneys can help you understand the trademark process step by step. We can even help with U.S. trademark filing, U.S. trademark responses, and U.S. trademark renewals at a price you can actually afford. That way, you can make an informed decision regarding your business without having to break the bank.
Hiring an attorney can be a daunting task, but at Sausser Summers, PC, our goal is to make the process as simple and seamless as possible for you. That's why we offer a straightforward checkout service. First, you choose your flat fee trademark service and fill out a short questionnaire. Then, we will contact you within 24 hours to discuss the details of our service. From there, one of our experienced trademark attorneys will get to work on your behalf.
Using a trademark attorney for filing in Fresno, CA, can significantly increase your chances of a successful registration. The U.S. government recommends hiring a trademark attorney to help with your application, and our team of trademark lawyers is dedicated to meeting your needs. In fact, we help ensure your application is filed correctly the first time so you can get on with your life and avoid legal risks.
At Sausser Summers, PC, we work closely with our clients to understand their needs and provide them with sound professional advice. We never offer incomplete services, such as simply filing for registration, because that would leave you open to legal risks. You can rely on us to handle your intellectual property matters, and our flat fee services can help protect your business in a simple, straightforward, and affordable way. It's really that simple.
In terms of filing a U.S. trademark, we provide an easy three-step process to protect your intellectual property:
1. You provide your trademark info to our team via an online form.
2. Our team performs a comprehensive trademark search. This search ensures that no other marks will prevent you from registering your trademark in the U.S. Once performed, we'll send you a legal opinion letter that details our findings.
3. Sausser Summers, PC, files your U.S. trademark application. We are then listed as your Attorney of Record on file. From there, we'll provide ongoing updates regarding the status of your trademark as it works through the registration process.
The bottom line? At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
It's not necessary to be a lawyer in order to apply for a trademark. Anyone can submit a trademark application to the U.S. Patent and Trademark Office (USPTO). However, registering a trademark involves more than just filling out a form. It's essential to conduct thorough research, accurately identify and clearly explain your trademark to ensure it receives adequate protection. And even after securing a trademark, you've got to monitor it consistently to make sure it's free from infringement.
The big takeaway here is that it's always a good idea to work with a trademark attorney to protect the intellectual property that you've worked so hard to establish. According to the Wall Street Journal, applicants are approximately 50% more likely to secure their trademark than people who file applications on their own. If your trademark application is rejected by the USPTO, you will need to revise and refile it, incurring additional filing fees. To avoid delays and extra costs, it is best to have a trademark lawyer help you get it right the first time.
Great trademark attorneys (like those you'll find at Sausser Summers, PC) will help with every step of filing and enforcing your trademark. Some additional benefits include the following:
Check to see if your proposed trademark is registered by another entity.
Conduct research to see if another business is using the trademark for which you're applying.
Provide advice and guidance on the strength of your trademark.
Draft and submit your trademark applications and application revisions.
Advice and guidance regarding trademark maintenance and protection.
Monitor the market for unauthorized use of your trademark.
Trademark enforcement to protect you against infringement.
Curious whether our trademark attorney services are right for you and your business? Contact Sausser Summer, PC, today. Let's talk about what you need, and how we can help.
Online services, can provide you with basic assistance in filing your trademark. However, they will never be a legitimate substitute for an experienced trademark attorney helping clients in Fresno, CA.
Although online filing services offer a step-by-step process, they take a one-size-fits-all approach to preparing legal documents. Even their advanced service only provides basic attorney assistance in completing your paperwork and helping with minor roadblocks. Online filing services' disclaimer highlights the many limitations of its services, including the fact that communications are not protected by attorney-client privilege. In addition, online filing services cannot provide advice, explanations, opinions, recommendations, or any kind of legal guidance on possible legal rights, remedies, defenses, options, selection of forms or strategies.
In other words, online filing services can offer you the necessary forms and point you in the right direction, but they cannot customize their services to your specific needs or help you with serious complications that may arise.
For the most comprehensive trademark service and protection, it's always wise to work with highly rated trademark lawyers, like you'll find at Sausser Summers, PC.
Trademarks in the U.S. can last indefinitely, but did you know that clients in Fresno, CA can file a trademark online, only to lose protection in some circumstances? Trademarks differ from patents and copyrights in that they do not have an expiration date. However, to prevent the cancellation of a trademark, you must maintain it. To ensure that your trademark remains protected, you must actively use it in commerce and renew it with the USPTO every ten years.
The Lanham Act tells us that "use in commerce" is the legitimate use of a trademark in the ordinary course of trade. In other words, you cannot register a trademark solely to reserve the rights to it in the future. In most cases, a trademark must be used continuously in connection with the goods or services it is registered for.
Trademarks are registered with the USPTO and generally need to be renewed every ten years. However, there is one crucial exception that you should be aware of. Within the first ten years of owning a trademark, you must file for renewal between the fifth and sixth year from the date of your initial registration.
During this renewal period, you are required to submit a Section 8 declaration, a specimen that shows how the mark is being used, and pay the required fee. You can also apply for Section 15 Incontestability status, which can strengthen your trademark rights. This application, although not mandatory, can make it harder for others to challenge your ownership of the mark.
After the first renewal, which falls between the fifth and sixth year of ownership, the next renewal filing is due between the ninth and tenth year, and then every tenth year thereafter. In the ninth year you will need to file a Section 8 declaration, attesting to your use of the mark or excusable nonuse. You've also got to file a Section 9 renewal application before the end of the tenth year to keep your registration active.
It is worth noting that the USPTO provides a six-month grace period if you fail to renew your mark within the required time frame, but it is best not to rely on it. If you don't file within the grace period time limits, the USPTO will cancel and expire your mark.
By hiring trademark attorneys helping clients in Fresno, CA, you can avoid the pitfalls and mistakes that can arise and cause you to lose your rights to the mark that represents it.
In the event that you stop using your trademark and have no plans to resume using it in commerce, it may be considered abandoned by the USPTO. This could result in the loss of your protective rights to the mark. Typically, a trademark is assumed to be abandoned if it has not been used for three years. However, you may be able to refute this presumption by providing evidence that you intend to use the mark again in the future.
In addition to trademark abandonment, you should also be wary of improper licensing. It's important to remember that once you allow someone else to use your trademark, you must keep an eye on how they use it. You should monitor the products or services that feature your trademark to ensure that they meet consumers' expectations in terms of quality. Failure to do so can lead to a "naked" trademark license and the loss of your protective trademark rights.
If you're wondering how you can avoid refiling your trademark, the answer is simple: file it correctly the first time around. Filing a trademark isn't inherently difficult, but when doing so, it's very important that certain aspects are filled out accurately in your application. If any information is missing or incorrect, the trademark application may be considered "void ab initio" or void from the beginning, requiring you to file again.
To avoid this, make sure that the information you provide in the application is accurate and complete, including the ownership of the trademark. For instance, if a corporation has multiple shareholders, it should not file under the President's personal name. The rightful owner should be the one/entity that ultimately controls the trademark and the associated goods/services.
It is also important to ensure that the goods and/or services description is precise. For example, if you sell electronic products, you should not file for research and development services despite having a research and development department. The goods/services description should reflect the goods/services you offer to customers, not the departments within your business.
Additionally, providing accurate dates of first use when filing for a trademark is crucial. The USPTO requires two dates to be specified - the date of first use anywhere and the date of first use in interstate commerce. Contact our trademark law office today to learn more about having accurate dates on your filing paperwork.
At Sausser Summers, PC, we often get questions about how to distinguish run-of-the-mill consultants and others from great trademark attorneys. After all - when you're looking for an attorney to file or prosecute your business trademark, you should know their qualifications. Here are three ways you can separate the proverbial wheat from the chaff when it comes to trademark attorneys.
It's crucial to seek legal advice from a licensed trademark lawyer rather than relying on advice from non-professionals like trademark consultants. The USPTO even recommends hiring an attorney to help with the trademark process. Although trademark consultants may provide advice on trademark availability or name marketability, they cannot file the trademark for you or offer legal advice. According to the Rules of Practicing in trademark cases, "Individuals who are not attorneys are not recognized to practice before the Office in trademark matters." This rule applies to individuals who assist trademark applicants.
When searching for a trademark attorney, it's important to find someone with a strong background in trademark law. Look for an attorney who specializes in this area and has significant experience handling trademark-related cases. Avoid lawyers who don't have expertise in this field, as they may not be able to provide the guidance and support you need.
Ensure your attorney provides updates throughout the trademark registration process to avoid missing deadlines, including responding to any Office actions within six months. Failure to do so can result in trademark abandonment. The USPTO will only correspond with the listed attorney of record, so make sure your attorney keeps you informed.
In summary:
Building your brand and gaining recognition for it is a significant achievement, and it's important to protect it. However, there are certain pitfalls and mistakes that can arise, causing you to lose your rights to the mark that represents it. By working with knowledgeable trademark attorneys, you can avoid these issues and file your trademark successfully.
With an A+ rating from the Better Business Bureau (BBB), Sausser Summers, PC, offers comprehensive guidance, strategic advice, and reliable representation for a variety of trademark matters. Our attorneys have years of real-world experience and, having registered countless trademarks with the USPTO, provide our clients with individualized representation when they need it most.
If you're looking for skilled, adept, and experienced counsel, look no further than our trademark law firm. Contact us today to schedule your initial consultation and learn how we can help you safeguard your brand.
There is nothing quite like the magic of a Christmas tree farm.The smell of fresh evergreens wafts through the air while the brisk winter breeze ruffles your hair.Fresno-area residents can cut down their Christmas trees or buy fresh firs, spruces and other varieties at local farms this holiday season.From noble firs to Monterey pines, here’s where you can find real Christmas trees in the Fresno area.At Hillcrest Farm, you can cut down your Christmas tree.“This year, we have Monterey pines that y...
There is nothing quite like the magic of a Christmas tree farm.
The smell of fresh evergreens wafts through the air while the brisk winter breeze ruffles your hair.
Fresno-area residents can cut down their Christmas trees or buy fresh firs, spruces and other varieties at local farms this holiday season.
From noble firs to Monterey pines, here’s where you can find real Christmas trees in the Fresno area.
At Hillcrest Farm, you can cut down your Christmas tree.
“This year, we have Monterey pines that you can cut yourself,” the Reedley farm said its website.
You can bring your own saw or borrow one on site.
All cut-your-own trees are $85 each “no matter what size, so get the biggest one you can find!” Hillcrest Farm said.
Hillcrest Farm has a variety of activities on the weekends, such as steam train rides, food vendors and a visit to Santa.
The farm also hosts Christmas-themed pajama nights, where guests can don their snuggliest pajamas and stay after dark, according to the farm’s website.
Photos with Santa Claus are available Saturday and Sunday from 10 a.m. to 4 p.m., as well as during Pajama Nights.
Trees come in all shapes and sizes at this Fresno farm.
The farm also offers gift packs filled with locally grown nuts and sweet treats for tree shoppers.
Visitors can get into the holiday spirit by stopping and taking a photo at the Christmas-themed photo booth station, according to the business.
Tree prices range from $49 to $200 depending on the size and type of tree.
Sid’s Christmas Tree’s in Clovis supplies locals with fresh trees from Washington and Oregon.
The farm sells Noble, Fraser and Douglas fir trees.
A Noble fir tree measuring 2 to 4 feet tall is priced at $29 while a 11- to 12-foot-tall tree is priced at $450.
A Fraser tree measuring 5 to 6 feet tall costs $50 and one standing 9 to 10 feet tall is $150.
“I have a great relationship with the growers so I can get the best trees possible for my season every year I love what I do,” farm owner Sid Boolootian said.
Sid’s Christmas Tree’s offers flocked trees to create the look of freshly fallen snow.
This Fresno farm has more than 50 years of experience offering freshly-cut trees.
Skookum Trees has “a new look but the same quality, freshness and convenience you have grown to count on over the years,” the business said on its website.
Customers can purchase a variety of tree types, including Noble, grand and Douglas firs. Skookum Trees even has a delivery option.
The smallest trees stand 2 to 3 feet tall and the largest are 11 to 12 feet tall, according to the business.
Tree prices range from $27 to $445.
The business offers flocking and fireproofing for the trees.
This tree farm in Madera sells a wide selection of fresh Douglas and Noble firs with tree stands.
“Our reusable tree stands are built to last,” the farm said in a Facebook post. “They include a water bowl to keep your Christmas tree fresh and standing tall throughout the entire Christmas season.”
Trees range in height from 2 to 3 feet to 16 feet tall, according to the business.
A 6- to 7-foot-tall Douglas fir tree costs about $69 plus the stand, according to “R” Christmas Trees.
Customers can add flocking to create their own winter wonderland.
Willow Tree Farms offers fresh cut Christmas trees and trees available for delivery as well as a bunch of fun social media giveaways.
“Pre-flocked as well as custom-flocked Christmas trees are available,” the business said via social media.
“We sell Nobel firs, Douglas firs, Nordmann firs and Fraziers firs,” Willow Tree Farms said.
Where: 2917 E. Shepherd Ave., Clovis
When: 9 a.m. to 10 p.m. Monday through Saturday
How much: Free entry
Info: 559-569-7643 or Facebook or Instagram
Some Save Mart locations also have a wide selection of farm fresh Christmas trees, including Noble firs in a variety of sizes according to the stores website.
A tabletop tree that stands 3 to 4 feet tall costs about $35.
You can also cut your own tree at Sequoia National Forest with a permit. However, permits, which began selling on Nov 25 for $10, were sold out as of Tuesday, Dec. 3.
This story was originally published November 29, 2024, 5:30 AM.
Less than a week after California health officers confirmed a finding of bird flu virus in store-bought raw milk, state agriculture officials descended on Mark McAfee’s Raw Farm dairy “like never before” Wednesday and began collecting samples from the farm’s two herds, creamery, bulk milk tanks and trucks, according to the owner.The visit follows a recall of Raw Farm products, and also comes amid a growing series of H5N1 bird flu outbreaks in state dairy farms. Raw Farm maintains 1,800 head of cattle spread ove...
Less than a week after California health officers confirmed a finding of bird flu virus in store-bought raw milk, state agriculture officials descended on Mark McAfee’s Raw Farm dairy “like never before” Wednesday and began collecting samples from the farm’s two herds, creamery, bulk milk tanks and trucks, according to the owner.
The visit follows a recall of Raw Farm products, and also comes amid a growing series of H5N1 bird flu outbreaks in state dairy farms. Raw Farm maintains 1,800 head of cattle spread over two herds — one in Fresno, the other outside of Hanford, according to McAfee. The company also owns a Fowler-based creamery.
“I think they are on full attack mode,” he said, describing the search as thorough. In addition to milk, Raw Farm produces cheese and kefir.
As California Department of Food and Agriculture officials collected samples and conducted tests at the dairy Wednesday, some health experts raised questions and concerns about the recent positive test results.
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Nov. 26, 2024
Last week, public health officials in Santa Clara County detected bird flu virus in a store-bought sample of McAfee’s raw milk. Two days later, the California Department of Public Health confirmed the finding.
But when state agriculture officials tested cows at McAfee’s dairy farm on Monday, they failed to detect the virus.
The fact that none of the animals are known to be infected with the virus has puzzled and concerned public health experts. Generally, once the virus appears on a farm, it spreads and does not just disappear.
“The fact that all the supplemental testing is negative really bothers me,” said John Korslund, a retired U.S. Department of Agriculture veterinarian epidemiologist, in an email.
Officials from the CDFA could not be reached for comment Wednesday, but infectious disease experts told The Times that officials were likely reviewing testing procedures, as well as the actual origin of the sampled milk.
According to testing records, the initial sample of store-bought raw milk carried high levels of the virus, and was found to have a polymerase chain reaction cycle threshold — or Ct — of roughly 25.
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“A herd should not be immediately negative after a reading of 25 if it is truly milk from the same herd, IMO,” Korslund wrote in an email.
Richard Webby, director of the World Health Organization’s Collaborating Center for Studies on the Ecology of Influenza in Animals and Birds, and a researcher in the department of Infectious Diseases at St. Jude’s Children’s Research Hospital in Memphis, Tenn., agreed.
“OK, that’s not a weak positive … and definitely not on the borderline where some tests would be positive and others negative,” he said after reviewing the test records.
Webby, Korslund and other experts say the test that was used only looks for the H5 part of the H5N1 virus, and it can’t determine if the virus is inactive, or alive. A second test — one called a virus isolation test — needs to be done to confirm the sample is H5N1 and that it is active.
Nov. 26, 2024
State and federal health officials say the H5N1 bird flu virus poses a low risk to the public. However, they have urged people not to drink raw, unpasteurized milk. There has been no reported outbreak in consumers associated with the bird flu in contaminated raw milk.
The milk was bottled on Nov. 9. Raw Farm LLC has recalled all products associated with the positive sample. McAfee estimates the recall involved roughly 2,000 gallons of half- and quarter-gallon “cream top” whole milk products.
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Since the beginning of the outbreak, 461 herds have been infected in California — including herds in Fresno and Kings County, where McAfee’s herds are located.
Early in the H5N1 dairy outbreak, federal health officials tested pasteurized milk samples and found virus in 20% of the samples collected from retail shelves. However, when further testing was conducted — virus isolation — they were able to show it was inactivated virus that had been denatured by heat.
So, why then would a raw milk sample test highly for virus and a dairy herd not test positive?
Korslund acknowledged that testing and sampling can sometimes be compromised, but he was not inclined to doubt the tests in this instance. He said the Ct value — and the lack of subsequent positive tests — suggests a “product integrity issue rather than a herd infection.”
“What if somewhere in the bottling process, pasteurized shelf milk was spiked into the raw milk to meet inadequate supply demands? In such a scenario, we don’t have a testing issue; rather it’s a product integrity issue that normally would be undetectable,” he said.
This is why virus isolation testing is critical, Korslund said. It would help determine whether the virus in the sample collected was alive or not.
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A spokesman for the state’s health department said testing on the sample was complete. He did not say whether viral isolation had been completed, but noted the positive result has been confirmed by state and now federal laboratories.
McAfee said he does not think the virus is present in his herd. The tests that the state’s agriculture department have been regularly conducting — twice a week — on his bulk milk have been negative. In addition, he noted, a test taken on Monday also showed no virus.
In addition, he said, he monitors each cow at his farms with a high-tech device — made by the Austrian company smaXtec — which sits in a cow’s udder and sends real-time information about the animal’s body temperature, milk acidity, etc.
He said there are no indications that virus is moving through his herd based on that data.
He also said all his equipment — from his trucks, to his bulk tanks and bottling plant — are closed to outside farms and milk; they are used only by Raw Farm, LLC.
He said he’s worried state officials are determined “to find something.”
A California man was sentenced to two years and nine months in federal prison for embezzling nearly $1.6 million from the Fresno-based trucking company where he worked for 15 years.Once released from prison, Gabriel Ruiz De Chavez, 47, of Fresno, who served as operations manager for a small trucking firm, which was not named in court filings, will serve three years of...
A California man was sentenced to two years and nine months in federal prison for embezzling nearly $1.6 million from the Fresno-based trucking company where he worked for 15 years.
Once released from prison, Gabriel Ruiz De Chavez, 47, of Fresno, who served as operations manager for a small trucking firm, which was not named in court filings, will serve three years of supervised release.
In July, Ruiz De Chavez, 46, of Fresno, pleaded guilty to one count of wire fraud in the U.S. District Court for the Eastern District of California.
His attorney, Nicholas F. Reyes, did not respond to FreightWaves’ request for comment.
U.S. District Court Judge Troy L. Nunley also ordered Ruiz De Chavez to pay nearly $1.6 million in restitution to his former employer, which has a fleet of approximately 22 trucks that haul agricultural products.
Federal prosecutors say that over a seven-year period – between 2012 and 2019 – Ruiz De Chavez used his position to generate over 600 fake invoices, purportedly created by genuine vendors for goods and services. Court filings state that Ruiz De Chavez presented these fake invoices and corresponding checks made out to the real vendors with his employer’s signature and then deposited the checks into his personal bank account.
“It was through this close relationship with the owners, coupled with his duties as an operations manager — especially concerning his duties involving invoicing — that Ruiz De Chavez was placed in a position of trust that enabled him to perpetrate his scheme to defraud undetected for so long,” court documents state.
Prosecutors say the theft was uncovered by the trucking company’s owners after an independent audit found that Ruiz De Chavez had deleted 10 years of accounts payable records for 2010 to 2020. According to court filings, the former operations manager “knew about the audit and quit” before it was completed in June 2020.
“He used the funds to pay for personal expenses including credit card payments, cash withdrawals, mortgage payments, vacations, and car loans,” according to court filings.
The U.S. Department of Justice’s sentencing memorandum claims that Ruiz De Chavez’s theft had a “significant and negative impact on his employer.
“The victim company had to take out loans during the period between 2012 and 2020 to maintain cash flow because of the theft,” federal prosecutors stated.
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An updated tsunami warning was issued by the NWS National Tsunami Warning Center on Thursday at 11:24 a.m. in effect until 12:24 p.m. The warning is for Coastal North Bay Including Point Reyes National Seashore, North Bay Interior Valleys, San Francisco Bay Shoreline, San Francisco Peninsula Coast, Mendocino Coast, Southwestern Humboldt, Northern Humboldt Coast and Coastal Del Norte as well as San Francisco County."If you are located in this coastal area, move inland to higher ground. Tsunami warnings mean that a tsunami with sig...
An updated tsunami warning was issued by the NWS National Tsunami Warning Center on Thursday at 11:24 a.m. in effect until 12:24 p.m. The warning is for Coastal North Bay Including Point Reyes National Seashore, North Bay Interior Valleys, San Francisco Bay Shoreline, San Francisco Peninsula Coast, Mendocino Coast, Southwestern Humboldt, Northern Humboldt Coast and Coastal Del Norte as well as San Francisco County.
"If you are located in this coastal area, move inland to higher ground. Tsunami warnings mean that a tsunami with significant inundation is possible or is already occurring. Tsunamis are a series of waves dangerous many hours after initial arrival time. The first wave may not be the largest. At 10:44 a.m. Pacific Standard Time on December 5 an earthquake with preliminary magnitude 7.0 occurred 45 miles southwest of Eureka California. Estimated tsunami start times for selected sites are; Fort Bragg California 11:10 a.m. PST. December 5. Crescent City California 11:20 a.m. PST. December 5. Port Orford Oregon 11:20 a.m. PST. December 5. Brookings Oregon 11:25 a.m. PST. December 5. Charleston Oregon 11:40 a.m. PST. December 5. San Francisco California 12:10 p.m. PST. December 5," says the NWS.
This warning is in effect until 12:24 p.m.
When it comes to tsunami alerts, understanding the levels of risk is crucial. The NWS classifies them into four distinct categories:
Tsunami warning: Immediate action required
A tsunami that may cause widespread flooding is expected or occurring. Dangerous coastal flooding and powerful currents are possible and may continue for several hours or days after initial arrival. Follow instructions from local officials. Evacuation is recommended. Move to high ground or inland (away from the water).
Tsunami advisory: Exercise caution
When a tsunami with strong currents or hazardous waves near the water's edge is expected or occurring, a tsunami advisory is issued. Flooding in beach and harbor areas may occur. Stay out of the water and follow instructions from local authorities.
Tsunami watch: Be prepared
A tsunami watch is initiated when a distant earthquake occurs, raising the possibility of a tsunami. People in affected areas should stay tuned for updates and be prepared to take action if necessary, even though the threat isn't immediate.
Tsunami information statement: No immediate threat
This statement is issued when an earthquake has occurred, but there is no threat of a destructive tsunami. In some cases, the earthquake may have been too distant to pose any danger.
There may not always be enough time for an official warning for tsunamis, so it is important that you understand natural warnings. If you are at the coast and feel a strong or long earthquake, see a sudden rise or fall of the ocean, or hear a loud roar from the ocean, a tsunami may follow. This is your warning. Take action and move to a safe place. Do not wait for official instructions.
Source: The National Weather Service
This article was generated by the CA Weather Bot, software that analyzes structured information, such as data, and applies it to articles based on templates created by journalists in the newsroom. No human journalist was harmed in this experiment. You can report errors or bugs to [email protected]
This story was originally published December 5, 2024, 10:55 AM.
A Los Angeles County Superior Court judge granted a motion for a protective order on Wednesday that prevents Lt. Gov. Eleni Kounalakis from being deposed in a harassment and retaliation lawsuit brought by a Fresno State employee.The plaintiff, Terrance Wilson, was locked out of the campus building where he worked days after he was quoted in a scathing ...
A Los Angeles County Superior Court judge granted a motion for a protective order on Wednesday that prevents Lt. Gov. Eleni Kounalakis from being deposed in a harassment and retaliation lawsuit brought by a Fresno State employee.
The plaintiff, Terrance Wilson, was locked out of the campus building where he worked days after he was quoted in a scathing February 2022 USA Today article. The expose detailed the mishandling of sexual harassment allegations at the university, and also Wilson’s complaints to university officials of bullying, harassment and retaliation by former vice president of student affairs Frank Lamas. Wilson and his attorneys allege that the lockout—university officials have confirmed in depositions that his access key card was disabled—was another act of retaliation.
They sought to depose Kounalakis over a phone conversion the lieutenant governor had with CSU Chancellor Joseph. I Castro days after the article was published.
“An interesting result,” attorney Stephen Hammers told The Fresno Bee. “The judge advised that the standard is higher for a public official and on these papers doesn’t think there’s a compelling reason to depose her, but acknowledged she had read every page of our papers and understood our position in opposing the motion and multiple times asked the parties about moving toward settlement.
“All of those things tell me that the court appreciates our position and that’s frankly as good as anything else. The fact of the matter is, Dr. Castro most definitely spoke with Lt. Gov. Kounalakis days before my client was thrown out of the university and if the lieutenant governor chooses not to testify then we’ll leave it to the trier of fact, namely the jury, to decide what happened with the lockout.”
The plaintiff’s attorneys will proceed with the case and depose Fresno State president Saúl Jiménez-Sandoval and former Title IX deputy Erin Boele in January. They have already taken depositions in the case from Castro, Lamas, vice president of administration Deborah Adishian-Astone, associate vice president of human resources Marylou Mendoza-Miller and former dean of students Carolyn Coon.
A jury trial would start on Feb. 24.
Kounalakis said in a sworn declaration attached to the motion for the protective order filed by CSU attorneys that she had no specific recollection of speaking to Castro about the article in USA Today.
Castro, in an Aug. 21 deposition, described in detail a conversation he had with Kounalakis days after the USA Today article was published, according to court documents.
Castro testified that he had hoped to explain the situation, but Kounalakis wanted him to be terminated. The lieutenant governor, Castro testified, was upset that he had asked former San Jose State president Mary Papazian to resign in 2021 after a U.S. Department of Justice investigation found the university failed to adequately respond to allegations of sexual harassment and abuse against its director of sports medicine.
“She was very angry with me about that. Told me I needed to pay for that,” Castro said in the deposition, portions of which are included as exhibits in the plaintiff’s motion in opposition to the protective order for Kounalakis.
Castro also testified that Kounalakis had wanted Papazian to be CSU chancellor. Asked if he thought Kounalakis was using her animus about the Papazian resignation, parlaying it into terminating his position, Castro said, “It felt that way.”
Wilson and his attorneys in deposing Kounalakis wanted to know what else had been discussed in the call Castro said in his deposition lasted “probably half an hour.”
“Quite frankly, the lack of her testimony could be as beneficial to our client as the actual testimony itself, and I’m surprised she doesn’t want to attend a deposition and explain what that phone call was about with Dr. Castro, given the USA Today article came out only a few days before that conversation,” Hammers said.
“Her election to stand on the sidelines based upon her position as lieutenant governor is, in my opinion, nearly the same as her attending a deposition. There’s an inference. I mentioned to the court, I would think that the lieutenant governor would want to attend deposition to clarify what was said in that conversation, because we intend to put her on the witness list for trial.”
This story was originally published December 5, 2024, 5:30 AM.