Ukiah Daily Journal from Ukiah, California • Page 8

JULY 21,1987 THE UKIAHDAILY JOURNAL Court says damage waiver isn't insurance SAN FRANCISCO (AP) Car rental companies have won a court battle over the standard fees they charge for "coDlikMi damage waivers," which coyer certain accident costs for a prepaid fee. The 1st District Court of Appeal ruled Monday that the waivers, which are offered in most car rental contracts, are not insurance policies that would be subject to rate approval by the state insurance commissioner. But the issue is far from settled. The court court also said the rate for one major company, a 16 fee to cover up to $1,000 In damage could be ruled "unconscionably" high, in light of the one- sided nature of the contract and the alleged lack of competition between companies. The court said further Superior Court hearings would be needed on that issue.

The ruling was the first appellate Car rental bi court action on the issue. The ruling appears to vindicate the companies' position for the most part, said Walter Allen, a lawyer for four large rental firms that were the targets of the class-action suit. "If we are required to go to court on the question of whether the fee was unconscionable -or not, I think we can prevail," he said. Paul Herbert, a lawyer for a rental customer in San Mateo County who sued on behalf of all customers of the four companies, said no decision has been made on appeal to the state Supreme Court. A collision damage waiver offers to excuse the customer from paying for a certain amount of damage caused by accident, fire, theft, or a number of other causes, In exchange for a fee.

Under the Avis Rent A Car policy that was the subject of the suit, a customer could pay a day to be excused from charges for the first 11,000 of damage. The protection would not cover damage caused by reckless or drunken driving or from "abuse" of the car. The suit by Avis customer Marianne Truta said the same basic provision was offered by Hertz, Budget and National, the other defendants, and by all other car rental companies in California. The suit contended the damage waiver was actually an insurance policy, issued without approval of the state Department of Insurance. San Mateo County Superior Court Judge Frank Piombo dismissed the claim and was upheld by the appeals court.

Although the terms of the waiver satisfy the most basic definition of Insurance a payment to cover the risk of an unknown event the overall purpose of the rental agreement is not the sale of insurance, said the opinion by Justice John Benson for a unanimous three-member panel. The rental of a car is "the principal object and purpose" of the contract, Benson said. He said the option of shifting the risk of loss from the renter to the company for the first $1,000 of damage was "peripheral to that primary object," and should not be used to convert a rental company into an insurer. Coaches drop players off in desert FULLERTON (AP) High school officials suspended two assistant coaches who abandoned six teen-age basketball players on a desert freeway for Iwo hours. Robert Lyndon Boop, 26, and Mark Kremer, 21, both of Puller- ton, were suspended Monday by Steven White, head basketball coach at Sunny Hills High School.

School officials refused to discuss the incident pending an investigation, and neither Boop nor Kremer could immediately be reached for comment. Neither are teachers at the school, but are salaried coaches with the school's summer athletic program. The two were supervising the players after a Palm Desert basketball tournament Saturday. Riverside County sheriff's titles who talked to the boys Freeway stress erupts into wave of shootings LOS ANGELES (AP) A motorist accused a tailgating driver of firing three shots at her today on the Hollywood Freeway, the fourth shooting to be reported on Southern California freeways since June 20. No one was injured in the latest attack and no one was immediately arrested.

The victim, identified only as a 45- year-old Northridge woman, told police she followed the pickup for 20 miles to get its license number after its driver fired at her with a semiautomatic pistol shortly after mid- night, Officer Gary Alvarez said. "She did a brave thing, but her Judgment wasn't too good, because she could have put herself fii a worse position if the guy had stopped," Alvarez said. The woman told police that the truck, its high beams on, began tailgating her car in the fast lane of the Hollywood Freeway. She said she moved over to let the vehicle pass, but the truck pulled up beside her and the driver fired his gun, Alvarez said. Since June 20, one man has been killed and two injured in what officials describ- ed as an alarming trend brought on at least in part by increasing congestion.

Paul Gary'Nussbaum of Rolling Hills Estates was paralyzed and In critical condition today at Fountain Valley was shot in the neck. On June 20, Rich Lane Bynum, 24, was shot twice and killed in a car driven by his girlfriend on the Santa Ana Freeway in Santa Fe Springs. The gunman apparently was angered by the slow speed of the car In which the victim was riding. have been no arrests made in the killing. The third shooting came after a race to a freeway exit.

A 19-year-old Los Angeles man suffered a gunshot wound to the arm. The gunman escaped. Mental health professionals Regional Medical Center after passing stopped traffic Saturday night on the Newport-Costa Mesa Freeway near the entrance to the Orange County fair. Albert Carroll Morgan, 32, was booked for investigation of attempted murder and was being held in the Costa Mesa Jail in lieu of $250,000 bail, police Lt. Leslie Harrison said.

Farm worker pension suit dismissed State the coaches became annoyed with the boys' behavior, pulled over, took the van's keys and drove off with a friend who had been following in another vehicle. White said Boop had intended to teach the boys a lesson and returned to the van later with Kremer to drive the boys home. SAN FRANCISCO (AP) Migrant farm workers seeking to make the federal government issue rules entitling them to pensions have had their court appeal rejected in an action that appears to ban similar lawsuits. Without deciding whether pension laws require the government to issue regulations covering seasonal workers, the 9th U.S. Circuit Court of Appeals on Monday said the farm workers have no right to sue because they cannot show that government action would qualify them for pensions.

"The farm workers do not know what the regulations will, say and cannot predict whether their employer will continue to offer a pension plan at all," said Judge J. Clifford Wallace, writing for a unanimous three- member panel. "Therefore, it is speculative whether the relief they seek will increase their opportunity to receive pension The ruling appears to prohibit any workers from suing over the Labor Department's refusal to issue regulations on pensions for seasonal workers under a 1974 law regulating private pensions. This is the First case in the nation to raise the issue, said Neil Dudovitz, a lawyer for the National Senior Citizens Center who represented the workers along with California Rural Legal Assistance. The suit was filed on behalf of four workers for a strawberry grower in the Salinas area.

"The thing that's most disturbing Is that these are people who generally work all their lives and then end up with nothing when they're in old age," Dudovitz said. The 1974 law does not require for plans that are offered, the law entitles workers to participate after completing a year of service, and to get credit for benefits after a year of participation in the plan. U.S. District Judge William Ingram said the workers had the right to sue, but then dismissed the suit, saying the law allows the government to decide whether to issue regulations. AMERICAN'S CHE Experience The Magic 5.25 Interest On Your Checking Balance, Interest that Multiplies like Magic! And Get All These Conveniences 200 Free Checks (Association Style) Check Guarantee Card (on approval) fl -TeIIer Card Star System Access (at thousands of locations) No Service Charges (with minimum balance) Experience The Magic EXPERIENCE AMERICAN SAVINGS at more than 175 locations.

URIAH 700 S. State Street, 95482 at Gobbie (707)462-7532 AMERICAN SAVINGS AND LOAN ASSOCIATION 'OLLYWOOD' LOS ANGELES (AP) City crews put the back in "HOLLYWOOD" after pranksters changed the famed sign to read "OLLYWOOD" in deference to Marine Lt. Col. Oliver North of Iran-Centra fame. The pranksters, who called themselves "environmental sculptors," altered the sign Monday by placing a piece of black plastic over the Several hours later, city crews restored it to its original condition.

The group described its alterations in a telephone call to The Associated Press. The caller refused to identify himself or fellow "artists." "We are not condoning Oliver North's actions. What he did was in direct opposition to Congress," said a statement from the group. "The American public has embraced him as a hero, and as environmental sculptors, we are simply reflecting the public's sentiment." Cop shoots dog that chased kids FARMERSVILLE (AP) A police review board will decide Wednesday whether a Farmersville officer acted properly in shooting a dog that two boys said chased them up some trees. Police Chief Garry Meek confirmed Monday that Officer Larry Micari wounded a boxer in the chest and neck with pistol shots last Wednesday.

The dog was not seriously injured. it wasn't right for him to do that," said the dog's owner, Michelle Alvarado. She said her pet, "Buster" isn't vicious. Three Farmersville officers and one from Exeter will decide whether Micari followed department policy or whether he should be disciplined. Warrant issued for Sean Penn LOS ANGELES (AP) Actor Sean Penn has until Friday to prove he has been in West Germany filming a movie, not here or in New York partying, authorities said.

"This is the last straw," Deputy City Attorney Alice Hand said. "I'm outraged that he is wandering around the country having a good time when he is supposed to be working." Municipal Court Commissioner Juelann Cathey issued an arrest warrant for the actor on Monday, but stayed it until Friday so Penn can prove he hasn't violated a court agreement. Penn was sentenced to a 60-day jail term for a parole violation, but he was granted a delay so he could finish film projects in West Germany and New York. He told the court he would fly to Berlin on July 11 to work on a movie. But after reports surfaced that Penn had been seen in Los Angeles and New York the past week, Ms.

Hand asked for the arrest warrant. Baby porpoise rescued SALMON CREEK (AP) A newborn Ball's porpoise rarely found alive on shore, was taken to Marine World- Africa U.S.A. in Vallejo on Monday after it became stranded in the surf at Miwok state Beach in Sonoma County. The female pup, about a week old, tried several times to make it to the safety of the ocean, but was thwarted by a moderately rough surf and an incoming tide The 25-pound porpoise will be placed in a special tank and given 24-hour care, said officials at Marine World. Rangers said they learned about the beached animal at 2 p.m., three hours after it was first sighted at the state beach, three miles north of Bodega Bay.

Small plane lands on Milpitas street (A A airplane made a forced landing at a construction site Monday, officials A duty officer with the Federal Aviation Administration in Loc Angeles said the unidentified pilot of the Piper 28 Jignt aircraft landed at a construction site in MOpitas becauae he began having engine problems. The FAA official said the plane, which landed on rough terrain, was substantially damaged and the pilot suffered bruises. He said toe plane's destination or point of departure were unknown, and no one on the ground was injured..