The Winners Saturday Edition The Tab April 27, 2013 2012 BETTER NEWSPAPERS CONTEST Vol. 70 California Newspaper Publishers Association No. 10 The One that Got Away Not knowing jurors were about to award Judge wrestles with lawyer’s costly ‘mistake’ authority to settle this case.” He and verdict, I accepted [Siepler’s] offer his client wanted a new trial. on Mr. Hernandez’s behalf,” Alder his client $9 million, Michael Alder agreed Scott Graham so long. The lawyers asked for just Now the parties are locked wrote in a declaration. “I was acting [email protected] a few more minutes. I’ve got to get into a bitter post-trial fight that’s in what I believed to be his best in- to accept just a frac on of that. Or did he? this kid something, Alder was think- casting an unwelcome spotlight terests in light of the time pressure, The jury was back too soon. ing, according to post-trial motions. on the litigators’ and the judge’s but without his authority.” After a weeklong trial in a personal Finally, Alder and Siepler struck handling of the case. Especially Alder and his colleague, Jennifer injury case where the plaintiff had a deal: $350,000. Everyone returned under the gun is Alder, a rising star Burkes, reject the idea of dismissal. asked for millions in closing argu- to the courtroom. “The parties have of Southern California’s plaintiffs “Defendant cannot cite to a single ment, jurors had deliberated only advised me that they have reached bar. In addition to accusing him of case where plaintiff ’s purported four hours before announcing they’d a settlement of the case,” Johnson lying, defense lawyers argue that by settlement of a case, either with reached a decision. informed the jurors, adding, “They letting the jury go Alder abandoned or without consent, constituted Lawyers for both sides could will be happy to talk with you out in his case, and that if anyone should ‘abandonment’ of the claim,” Burkes smell what was coming: a defense the hallway to get your views.” be on the hook for damages beyond wrote. verdict. They hustled into the Siepler asked to put the settle- the $350,000 settlement, it’s him. Johnson is scheduled to hear hallway for last-minute settlement ment on the record, but that didn’t “If plaintiff is allowed to get arguments in Hernandez v. Schaefer negotiations. On one side stood happen: The other attorneys had away with such gamesmanship in Ambulance Service on Wednesday. Beverly Hills plaintiffs attorney followed the jurors as they filed out this case,” Horvitz & Levy partner C. Michael Alder, his co-counsel of the courtroom. And in a moment Curt Cutting wrote in a post-trial A DANGER TO HIMSELF and his client, a developmentally everyone learned what that jury had motion, “there is nothing to prevent In the medical business it’s disabled man who suffered brain been prepared to award: $9 million. any plaintiff ’s counsel from testing known as a 5150 — a patient on a injuries in a fall from an ambulance. At that point, Johnson would the waters with one jury, settling psychiatric hold because he poses On the other was defense lawyer later state for the record, “all hell the case without authority from the a danger to himself or others. On James Siepler of Pasadena with an broke loose. Mr. Alder was yell- client, interviewing the jurors to June 23, 2010, Gold Cross Ambu- insurance claims adjuster on his ing in the hallway, came into the see which way they actually were lance got a 5150 call to transfer cellphone. Alder, the president of courtroom and he was yelling in the leaning, and then repudiating the Pablo Hernandez III from a hospital the Consumer Attorneys Associa- courtroom. At one point he told me settlement and seeking a retrial.” near El Centro to a mental health tion of Los Angeles, shuttled back to call the jurors back and take the Alder says he made a mistake, facility in San Diego. The EMTs and forth as a series of offers was verdict. It was chaos.” but an honest one. “Because I buckled Hernandez onto a gurney The Recorder made and rejected. $1 million? No. The judge called a recess, and thought that the risk of a defense but left his arms free because, they $750,000? No. when court resumed 90 minutes verdict was high, and in light of the said, he was not being combative. (Weekly D. 4,300 & Under) later, Alder delivered some bad time pressure to obtain some kind While the ambulance was travel- Los Angeles County Supe- nd rior Court Judge Michael Johnson news: “I made a mistake,” he told of settlement for Mr. Hernandez ing on Interstate 8, EMT Ricardo 2 Place, Best Writing wanted to know what was taking the judge, “in that I did not have before the court took the jury See MISTAKE, PAGE 13 By Robert Husseman makes up for it. ‘He’s all heart’ Triplicate Sorts Editor Ethan’s cheering section — father and Padres assistant coach James Land; mother Amanda Martell; stepfather Charlie Martell; sister Emma, LLittleittle LLeaguereaguer iiss oovercomingvercoming eeveryvery oobstaclebstacle It’s a cool, clear Wednesday afternoon at Pyke Field No. 1, adjacent to 9; half-sister Katelynn, 5; and halfbrother Charlie, 4 — is excited for him. the Del Norte County Recreation Department offices in Crescent City. Dalton scores on the play for the game’s first run; Jaydin slides over The Crescent Land Title Company Orioles are squaring off against to third base, then scores on a wild pitch. At the first opportunity, Ethan steals second base. No throw comes, but he slides in just the same. “As soon as I turn my back, he’s stealing,” said Ethan’s head coach, Del Norte Del Norte Triplicate, Crescent City Terry Liles. “He’s never gotten out stealing a base. He never misses an Triplicate/ opportunity to slide.” Bryant (Weekly C. 4,301 - 11,000) Ethan eventually scores on a two-run single by Ricky Bruhy as the Anderson Padres tally four runs in the first inning. 1st Place, Best Sports Story Myriad challenges With every pitch, Ethan steps up to the mound in the bottom of the first inning for his Ethan throws the Sutter Coast Hospital Padres in the Del Norte Little League Farm third pitching appearance of the season. Before his windup, he tucks his right-handed, then division (ages 9–11). glove between his left forearm and his chest and grabs the ball with his The Orioles are the home team; the Padres are first up to bat. Dalton transfers his glove right hand. His windup is short, virtually all upper-body and shoulder Liles singles and Jaydin Henderson walks. That brings up the Padres’ No. and arm movement. After following through, Ethan puts his glove back to his right hand so 3 hitter. on his right hand with a swift, practiced motion. he’s ready to field His name is Ethan James. At 5- foot-3, 114 pounds, he’s one of the The right side of Ethan’s body is much stronger than the left side; as a any ball hit toward bigger kids on the field. Ethan, 11, is a right-handed batter. He grips the result, he can put some zip on the ball. Still young, still learning, he does him. bat with his right hand; his left hand will touch the bat but does not close not always throw hard or trust his arm. around it. “The confidence level is still not there,” Liles said. “I don’t think he Ethan swings at the first pitch — grounder to short. The shortstop realizes (how hard he can throw). He’s a strong kid. It’s intimidating to hesitates with baserunners around him, allowing Ethan to beat out the some of the kids.” throw. The brace on his left leg, barely discernible under his dark baseball According to Amanda Martell, Ethan suffered a stroke in the womb pants and socks, affects his gait, but his effort on the base paths more than See ETHAN, PAGE 3 2000 O Street, Suite 120, Sacramento, CA 95811 | California Newspaper Publishers Associa on | (916) 288-6014 [email protected] www.cnpa.com 2 Awards Edi on Saturday, April 27, 2013 Mountain View Voice Mountain Echo, Fall River Mills The Intermountain News, Burney North Bay Bohemian, Santa Rosa Ojai Valley News The Mammoth Times ParticipatingNorth Coast Journal, Eureka Rosamond News The Mendocino Beacon, Fort Bragg Pacifi c Sun, San Rafael Sacramento Valley Mirror, Willows The Oakdale Leader Palos Verdes Peninsula News, Rancho Sierra Star, Oakhurst The Recorder, San Francisco NewspapersPalos Verdes Sonoma West Times & News, The Ripon Record Pasadena Sun, Los Angeles Healdsburg The Weekly Calistogan, Calistoga Placer Herald, Rocklin St. Helena Star The Windsor Times, Healdsburg DDAILYAILY ENTRANTS:ENTRANTS: Lodi News-Sentinel Pleasanton Weekly Tahoe Mountain News, South Lake The Winters Express Lompoc Record Poway News Chieftain Tahoe Turlock Journal 6633 PParticipantsarticipants Madera Tribune Rancho Bernardo News Journal, Poway The Ark, Tiburon Walnut Creek Journal Manteca Bulletin Sacramento Business Journal The Cambrian, Cambria DDailyaily A ((150,001150,001 & AAbove)bove) The Napa Valley Register San Francisco Business Times The Desert Trail, Twentynine Palms Contra Costa Times, Walnut Creek Oroville Mercury Register Santa Maria Sun Las Vegas Review-Journal Porterville Recorder Saratoga News, San Jose Los Angeles Times Redlands Daily Facts The Almanac, Palo Alto Orange County Register, Santa Ana The Salinas Californian The Campbell Reporter, San Jose 2012 Weekly The Sacramento Bee San Francisco Daily Journal The Downey Patriot San Francisco Chronicle Santa Monica Daily Press The Sunnyvale Sun, San Jose San Jose Mercury News The Signal, Santa Clarita Times-Herald, Pleasanton Awards U-T San Diego Ukiah Daily Journal Tracy Press The Union Democrat, Sonora Valley Journal, Pleasanton DDailyaily B ((35,00135,001 – 1150,000)50,000) The Union, Grass Valley By Category WWeeklyeekly C ((4,301-11,000)4,301-11,000) The Bakersfi eld Californian Daily Breeze Torrance WWEEKLYEEKLY EENTRANTSNTRANTS: Amador Ledger Dispatch, Jackson Big Bear Grizzly, Big Bear Lake 1.