Category Archives: Education

Educational articles

A Ladies first ride on the back of a Harley Davidson

Biker Lawyer Norman Gregory Fernandez with his girlfriend Yvonne

Biker Lawyer Norman Gregory Fernandez with friend Yvonne

Last weekend I took a friend Yvonne for her first ride on the back of a Harley Davidson. As a matter of fact she has never ridden on the back of a motorcycle before.

The lead up to the ride was classic. She was excited, and scared at the same time. We discussed the ride for a week before actually taking it.

I have been riding for so many years that I take it for granted that everyone knows how to ride or be a passenger on a motorcycle. So when Yvonne expressed her anxiety over riding as a passenger and the potential danger involved, I realized I would have to school her about everything.

I first told her about the gear she would need, i.e., leather jacket, jeans, boots, helmet and gloves. I told her she could gear up online, or go to a local Harley Davidson dealership if she wanted.

I went with her to look at a few things. She informed me that she had a jacket, and jeans, and that all she needed was a helmet.

I ordered her a Hawk modular helmet with the built in sun screen and clear visor, so that sunglasses would not be necessary on the ride, all she would have to do is flip the latch like a fighter pilot, and  the sun visor would go down.

I could tell she was scared and excited.

On the day set for the ride which was September 21, 2013, I arrived at her house in the afternoon. She had arranged with one of her girlfriends whose old man has a Harley, to meet us at Cook’s Corner in Orange County.

Due to my timing which was a bit late, her friend told her that we could meet up at a biker place in San Juan Capistrano instead of Cook’s Corner.

When I got to Yvonne’s home, her kids and across the street neighbor were all there to meet me, check out the motorcycle, and send Yvonne off on the ride.

It was great meeting everyone, but it delayed our ride for a bit as I answered questions about the motorcycle, etc. It distracted Yvonne as well, but what the hell, it was to be her first ride on the back of a Harley Davidson motorcycle and it was going to be fun.

Her gear was in fact not truly suited for motorcycles, it was more suited to high fashion. Her jacket looked like a leather motorcycle jacket, but it was in fact made of some other softer material. Her boots kind of looked like female motorcycle boots, but they were too thin for riding. She had those jeans that all the women are wearing that look like they have holes all over them. Hell when I was a kid, we made all our jeans look like that from playing, we did not pay for it, this is another story.

After I chastised her a bit about her motorcycle gear (it was all in good fun), I told her that next time she needed to gear up properly.

I then instructed her on how to get on and off the motorcycle, where to put her feet, telling her not to ever put her feet on the ground until I tell her it is okay, not to move her body around when the motorcycle is stopped, and to tap my shoulder if she needed to use the head, etc.

I then instructed her on her helmet. Since the Hawk Modular with two visors is an advanced DOT helmet compared to the fake brain bucket helmets out there, I took some time with her. I did not expect her to learn how to do everything with the helmet on the first shot, and she did not learn everything on the first shot.

It is me the rider of the motorcycle to ensure my passenger knows the rules and how to use everything.

She made a comment on the weight of the helmet. I told her she would get used to it. She did get used to it.

We finally took off on the motorcycle. I went slow on the streets of Coto de Caza where she lives. (This is the same place where all the “Real Housewives of Orange County” live.)

We then left the gated community and got on the street. I could tell she was nervous, hell it was her first time riding on the back of a motorcycle.

Shortly thereafter she relaxed a bit, but every time she got nervous she would give a little yell, or clench her legs tightly around me. I enjoyed the clenching the legs part J

We rode to San Juan Capistrano and had a good lunch. We then went over to this biker bar across the street, where I had an alcohol free O’Doul’s, and she had a cocktail.

Later we rode back to her place.

Towards the end of the ride I could tell that Yvonne was much more comfortable on the motorcycle. She was a quick learner, and she conceded that she needs to buy a new pair of boots and a real motorcycle jacket.

I think she enjoyed the ride.

By Norman Gregory Fernandez, Biker Lawyer; California Motorcycle Accident Attorney, © October 1, 2013

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The birth of a Custom Enclosed Motorcycle Trailer Part 2

Enclosed Motorcycle trailer with Phase 1 upgrades done

Enclosed Motorcycle trailer with Phase 1 upgrades done

You may remember reading about my enclosed motorcycle trailer project that you can get to by clicking here.

Phase 1 included adding a 2’ by 12’ strip of diamond plate from the length of the trailer all the way down the ramp door and small ramp, which is about 20’ of diamond plate. I also had the floor surface sanded and had multiple coats of Urethane brushed onto the wood to protect it.

I also had a Biker Bar strapless motorcycle towing system installed in the trailer, and a wheel chock. With the Biker Bar strapless towing system, there is no need for straps to hold the motorcycle in, and the wheel chock is not really needed as well. I added it just in case.

You can see the end result of the phase 1 customization in the pictures in this article. When I go to Sturgis, I will film me riding the bike into the trailer and securing it into the Biker Bar strapless towing system. I think it is totally cool. I am actually going to meet the expert on the Biker Bar over in Sturgis at Black Hills Harley.

Inside of enclosed motorcycle trailer after phase 1 upgrades

Inside of enclosed motorcycle trailer after phase 1 upgrades

Phase 2 is about to begin next week. Originally phase 2 was going to encompass me installing cabinets and racks into the trailer. I will not have time to install everything I want for phase 2 before Sturgis. I have also added a diamond plate trailer tongue box to phase 2. This will be installed next week.

The trailer tongue box will allow me to carry all of my straps, motorcycle cleaning supplies, and other things inside of the box without having to put it in the trailer or the motorhome.

If you look at the stock trailer pictures here, you will see all of the room on the trailer tongue that is where to box will be mounted.

Phase 2 also includes mounting a spare trailer tire inside the trailer, however, I will not order the tire until next Monday.

Next week phase 3 of the trailer project will begin as well which is a custom wrap of my law firm advertisement onto the trailer.

Things are coming along well. I will get as much done before I leave for Sturgis in 10 days.

By California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, Esq., © July 20, 2013

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I Will be on KCBS News Tonight (Changed to Thursday, 7/18/13, at 11pm

My Electra Glide

My Electra Glide

*** Due to the news being preempted by Travon Martin rioters last night, this news piece will now be aired on Thursday, 7/18/13 at 11pm.

Hello Biker Law Blog readers. I will be on KCBS News on Channel 2 tonight at 11pm. They did a motorcycle related piece featuring me that will be airing tonight.  Hopefully they made me look good.  :)

See you all on TV?

 

Norman Gregory Fernandez,  Esq. – A Real Biker – A Real Lawyer

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The Great Biker Rag Sex Debate

Beautiful Tara posing on a Chopper

Beautiful Tara posing on a Chopper

It seems that a bunch of conservative nut jobs are writing in to Biker and Motorcycle Magazines complaining about beautiful sexy women strutting their stuff next to motorcycles in the various biker and motorcycle related magazines that are on news stands.

Where the heck are these asshats coming from?

I have been in the biker community no less than 34 years. Part of the whole Biker and Motorcycle scene is for good looking people of both sexes strutting their stuff, doing their thing, and being free.

Now all of a sudden these social prudes are trying to get the magazines to stop showing pictures of beautiful women in their magazines.

Maybe a strong sexy female is somehow scary to these prudes.

I have always thought of the Biker world as a world of staunch Americanism, freedom, and open roads. It is alien to me to think of social prudes trying to intervene into a vibrant scene in order to censor our freedom.

Any enemy of freedom, is an enemy to our nation, and the Biker and Motorcycle world.

To be frank, this has been going on for some time in America. There are a small very loud group of religious conservatives trying to take us into a kind of nation ruled by religion, where you must abide by this group’s religion and its rules.

They are trying to censor what we watch, what we read, what we see, what we hear, how we act, etc. Maybe these morons should start up a new nation in Antarctica where like the Taliban, they can force everyone to abide by their rules or else…..

No way, Jose. I do not care whether you are a republican or democrat, we in the Biker World consider ourselves to be free on the open road. We enjoy looking at sexy people, we like dressing the way we want to dress, and we don’t need you people coming in to our world to censor it.

For the publishers who read my blog, and who are actually in the Biker and Motorcycle World. There is something called freedom of expression, and freedom of speech in our nation.

If you bow down, or kowtow to those who would take away our freedom to see and read what we want, we Bikers and Motorcycle Riders will stop buying your rags, you know who your market is, and we are getting sick of it.

Those few who are trying to censor what the rest of us like to see and read, will always be there, they will not take away our freedom.

I myself, did not serve in the U.S. Air Force, so that a vocal minority could take away our collective freedom.

Could you imagine going to a motorcycle rally like Sturgis, and seeing everyone covered up like some Afghanistan nightmare? Neither can I!

I am publishing this article a day after our nation’s Independence Day celebration for a reason.

By California Motorcycle Accident Attorney and Biker Lawyer, Norman Gregory Fernandez, Esq., © July 5, 2013

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Planning a trip to the greatest motorcycle rally in the world; Sturgis 2013

Deadwood, South Dakota

Deadwood, South Dakota

This year I am planning to go to the Sturgis 2013 motorcycle rally, in Sturgis, SD, for one hell of a time.

The one way distance to the rally from my home will be approximately 1500 miles, round trip approximately 3000 miles.

You may remember last year I took an epic 8600 around the nation trip, so this trip should be a short jaunt in comparison.

This year I plan on taking my 35 foot class A motorhome, and tow my new 6×12’ enclosed trailer, with my Harley Davidson Electra Glide in the back.

The beautiful thing about the enclosed trailer, rather than the open trailer I have been using heretofore, is that my motorcycle will be safe from the elements during the trip, so I do not have to worry about washing and waxing her every time I stop. I will also be able to carry my motorcycle supplies in the trailer instead of the back of the motorhome.

I have already pre-paid for my 10 day stay at the world famous Glencoe camp resort in Sturgis, SD. This place is famous for the ongoing adult party that happens 24 hours a day during the rally, and the major concerts that happen there at night. It is also right next door to the famous Full Throttle Saloon as well.

I will be documenting, videotaping, recording, picture taking, and reporting on all of the debauchery here on the Biker Law Blog, as well as all of the great riding.

Yes, there will be some great riding in the Black Hills just like last year, except this year the rides will be caught on my GoPro Hero 3, Silver HD Camera.

I will be leaving on July 30 with an estimated arrival date of August 1, 2013, one day before the rally starts.

After the rally, I am planning on taking my RV to the Little Bighorn Battlefield in Montana, the scene of General Custer’s last stand, from there I will do Yellowstone by way of Cody, WY, and then go through and ride Greybull Wyoming again, like I did last year. This year I will be much more cautious on the mountains so I do not lose my brakes again.

I figure I will be back home again around August 15, plus or minus a few days.

This will mark my first major trip in the past 12 years being single, which is a major milestone for me. I look at it more as a major adventure doing it this way, but this is the way it is. My motto for the trip is “It’s on!”

Since I will be leaving on July 30, 2013, exactly 4 weeks from today’s date, I will be reporting on here my preparations for the trip.

As I write this article right now, my RV is in the shop having the In-Motion Satellite Dish and two central air conditioning covers being replaced.

My new enclosed trailer is going to go into the shop to have the floors sanded and a few coats of urethane brushed onto the wood to protect it, then I am going to have diamond plate installed on the trailer floor and swing down back door, a wheel chock installed, and a Biker Bar installed so I will not have to strap the motorcycle down in the trailer, it is a strapless system.

Finally I am going to have the exterior of the trailer wrapped with my law firm advertisement in Vinyl.

Believe it or not this will all be ready before I leave on July 30, 2013 and I will report about it on here.

I expect to be able to share to you, the biker and motorcycle community much information, including product reviews on new stuff.

So there it is, another road trip is almost here again.

Here is a video from Sturgis, 2012

YouTube Preview Image

By California Biker Lawyer and California Motorcycle Accident Attorney, Norman Gregory Fernandez, Esq., © July 2, 2013

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What Goes Around Comes Around

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq.,

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., Courtesy of the Riverside Press Enterprise Newspaper, and Jennifer Fraley of Sunshine Photography

The old saying what goes around comes around, is not just a saying, it is a fact.

I have been a biker and a motorcyclist for many years. I can recall many times where I had a problem with my bike on the road, and a fellow biker stopped and helped me out.

Bikers and motorcyclist for the most part are the friendliest and most helpful people you will ever meet hands down.

If you breakdown in a car forget it. If you breakdown on a motorcycle, chances are a fellow biker will stop and lend you a hand.

My opportunity to help out a fellow biker happened yesterday when I was going to my PO Box to pick up mail. I noticed an Electra Glide in a space, and I proceeded to park next to it.

I then saw a gentleman come out of the bank and hop on.  As I got out of my car I could hear him trying to turn on his motorcycle, but it sounded like he did not have enough juice in the battery.

I walked in to get my mail. As I walked in I heard his motorcycle go click, click, click. I knew his battery was dead.

As I walked out I asked him “is your battery dead?” He responded “yes.”

I did not have any tools in my car, but I happened to have a hardcore battery charger and extension cord that I had recently used on my RV.

I told him that if he could get the seat off, I could give him a jump start. When I pulled the gear out of my trunk, he was amazed.

While he was pulling his seat off, I asked him if he has ever read my Biker Law Blog, he took a second look at me and said, “Yes, as a matter of fact, I just installed a Biketronics kit in my motorcycle, and I read about it on your blog.”

He then proceeded to thank me for what I had written, as well as helping him with his bike.

After a short time, we got his motorcycle started and he was on the road.

I have had fellow bikers and motorcycle riders help me, and it felt good to help back. It was also rewarding to know that many of you have read my articles and learned something new.

If you ever see a fellow biker broke down on the side of the road, lend them a hand. Remember, what goes around comes around.

By California Biker Lawyer and Motorcycle Accident Attorney, Norman Gregory Fernandez, © June 15, 2013

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The Laughlin River Run 2013, a Good Time for Most

Oatman, AZ on the last day of the Laughlin River Run 2013

Oatman, AZ on the last day of the Laughlin River Run 2013

I attended the Laughlin River Run 2013 this year as I do most years. The Laughlin River Run is billed as the largest motorcycle and biker rally on the west coast.

This year’s motorcycle rally was different than most past years rallies because the turnout appeared to be smaller than past years rallies, motorcycle club patches and soft cuts were not allowed anywhere near the strip, and there were a gaggle of what I call fake biker lawyers with booths set up at the event just waiting and hoping for those in attendance to refer their motorcycle accident cases to them.

I had for the most part a great time at the event. This was the second major motorcycle rally I have attended in many years, where I drove my motorhome to the motorcycle rally and trailered my motorcycle behind on a motorcycle trailer.

In the past when I rode to motorcycle rallies like this, I basically just rode my motorcycle to the event.

I will tell you that I have learned a valuable lesson in why it is better to take an RV and trailer the motorcycle to major motorcycle rallies. I no longer have to pay $200 a night for hotel rooms and hotels that just wait to poach money off of bikers, I put more miles on my motorcycle at the event than I ever have in the past, and there is much more fun happening at the RV parks than the hotels! I no longer have to worry about squeezing a weeks’ worth of toiletries and clothes onto my motorcycle; it all goes into my RV now.

This year I arrived at my RV Park in Bullhead City, AZ on May 24th, 2013 and proceeded to set up camp. I put up my Star Spangled Banner, California Republic, and POW/MIA flag above my RV, took the motorcycle off of the trailer, unrolled the awning, and we were ready to rock and roll.

The first thing I saw when I rode my motorcycle to the strip which was just across the river from Laughlin, NV, was an electronic sign stating that no this was a no MC Colors event, soft cuts not allowed, and bait motorcycles were being used to catch thieves.

I do not mind going after motorcycle thieves but I certainly did not like the fact that a major event such as this managed to ban all motorcycle patches from the strip. I think it is a violation of the 1st Amendment right to Freedom of Speech.

Notwithstanding the affront to motorcycle club members, this year’s event was a great time. There were plenty of fine looking ladies all over. Obviously there were guys for all the gals as well. There was the usual full line up of good bands and plenty of booze all over the place.

Those that know me know that I do not drink alcohol or use drugs. I would rather ride than sit around watching a bunch of bikers get shit faced at the bar.

Ride is exactly what I did throughout the entire event. I put on almost 1000 miles during the 6 days I ended up staying in Laughlin/Bullhead City. I found a road that is off the beaten track near Oatman, AZ called the scenic byway. My companion and I literally owned this road on Sunday. You are basically in the middle of the desert with no contact to the outside world for many miles. It was a great and hot ride.

During the ride in the desert I kept thinking I hope nothing happens to my motorcycle because here I would be up shit’s creek without a paddle. I opted to take a more populated route back to the RV on the way home since it was getting dark.

I managed to win over $70 dollars as well on this trip where ordinarily I always lose at the casinos.

On a down note one of my friends was arrested on Friday night /Saturday morning for Disorderly Conduct and another charge. They were transported from Bullhead City to Kingman, AZ to the county jail there. There was a weekend judge on duty. Suffice is to say I got almost no sleep on Friday night / Saturday morning, and I had to go bail them out on Saturday afternoon and give them a ride back to Bullhead City. Saturday night was spend crashed out in my RV recovering from helping my friend out.

Aside from bailing my friend out and losing Saturday night, I had a good time this year at the Laughlin River Run Motorcycle and Biker Rally. I will be going to many rallies this summer including Sturgis, Las Vegas, and Palm Springs.

See you on the road.

By California Motorcycle Accident Lawyer and Biker Attorney Norman Gregory Fernandez, Esq., © May 1, 2013

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Getting settled in to the O.C. lifestyle.

California Personal Injury Attorney Norman Gregory Fernandez at age 16, before going surfing

California Personal Injury Attorney Norman Gregory Fernandez at age 16, before going surfing

Here it is March 13, 2013, and it has been a while since I posted my last article here on the Biker Law Blog.

I have moved to Huntington Beach, and my new law firm “The Moy & Fernandez Law Group,” is fully operational.

Our phone number and fax number are the same, 800-816-1529, but we have consolidated all our California pre-litigation operations into one location in Irvine, California.

So whether your case originates in San Francisco, Eureka, Redding, Sacramento, or San Diego, the pre-litigation will be handled by our competent staff in the Irvine office, while our field staff continues to come to you anywhere in the nation.

We handle the entire State of California. We welcome all of our new and existing clients to the new law firm. We look forward to kicking ass for you on your cases.

My partner Lawrence A. Moy, who has been a friend and brother since 2002 has merged his firm with mine to create a premier California Personal Injury Law firm. Together we have handled thousands of cases, and settled millions of dollars for our clients. We have many years of combined experience.

I feel sorry for the poor bastards who oppose us on cases, I give no quarter. Some lawyers say they will fight for you, we will kick ass for you.

I think we have what most would call one of the most high tech law firms in the nation. The technology we have employed at our firm is mind blowing.

I am a Southern California native, but I have lived in many places during my life. I would say that the move to Orange County for me will be permanent, in that I cannot see living anywhere else.

I love Huntington Beach. I have taken up walking on the pier each night around sunset, the people are great, the lifestyle is fantastic, and the motorcycle riding is good as well.

When I was younger, I used to surf. As a matter of fact, as a teenager I lived at the beach. I learned to surf at Topanga, my home beach was Zuma. Back then, the wave break was much different at Zuma and Point Dume, then it is now.

Believe it or not, I just bought a brand new 9’ Greco Longboard surfboard. It will be delivered this Friday. I got a new full wetsuit to go along with it. Hell, at 49 who says you are too old to start surfing again. I figure a longboard, will help me to ease back into it, and on those days with a small surf, I will be catching waves while the guys on short boards will be watching me ride. I figure if I start surfing each morning at 5am, I can still get to the office easily by 9am.

I wonder if they make a surfboard rack for a Harley Davidson. Once I get used to surfing again, I will have a custom Harley Davidson themed surfboard made for me.

So there it is. As you can imagine, I am swamped with work right now. As I type this article, I have spent the last 4 days out of 5 days in Court. I am still at the office catching up. Nonetheless I wanted to let you all know what is going on.

Looking forward to the Laughlin Biker Rally coming up next month. This will first year I take “Bessie,” my motorhome, (the same one I rode around the country with) to a major motorcycle rally this year.

I hope you are all well.

By California Biker Lawyer and Motorcycle Accident Attorney Norman Gregory Fernandez, © March 13, 2013

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Had a close call on the freeway with road debris yesterday

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez in Malibu, CA

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez in Malibu, CA

Yesterday, Sunday, January 13, 2013, I rode my motorcycle from Palmdale, CA to Huntington Beach, CA as the first part of my move to Huntington Beach, CA.

Since I am moving this Sunday, January 20, 2013 to Huntington Beach a distance of approximately 100 miles, and I have to drive my car on the day of the move, I had to ride my motorcycle to Huntington Beach in advance of the move because I would not be able to do it on moving day.

It has been freezing cold these past few days; there is some sort of artic cold front that has been coming through. Before daylight on January 13, 2013, temperatures were about 17 degrees where I live, and it supposedly felt like 3 degrees with the wind. Imagine how cold it would have been on the motorcycle.

I decided to not ride in the morning, but to wait until midafternoon to do the ride. It was still freezing cold, at least for a southern California guy like me.

When I got on the motorcycle, it was in the 40’s at my home, but quickly got down to the 30’s in Acton and Agua Dulce.

It was a great ride, but a freezing ride. My hands and feet quickly went almost numb. There was a very real danger of hypothermia.

While riding my Harley Davidson Electra Glide on the 405 freeway south, past the Los Angeles International Airport, at around 70 miles per hour in the Diamond Lane, the car in front of me suddenly kicked up what appeared to be the remains of a hot tub or some sort of fiberglass tub.

I quickly grabbed my front brake, realized I was going too fast to avoid it, or to swerve away from it (there was no time), so I accelerated through it and held on tight.

The debris hit my motorcycle hard on the front fairing and the lower fairing which is attached to the right engine guard. Although traffic was going fast, there were a lot of cars around.

I shook my head in utter disbelief. I have been riding on the street on motorcycles since the age of 16 and I have never hit road debris which was this bad, ever.

As I type this I am having flashbacks of the incident. I realize now that I was riding too close to the car in front of me, violating one of my own rules. Had I kept a safer distance from the car in front of me, I would have had more time to react to the debris.

I was damm lucky that my front tire did not roll up on the debris and get stuck on it, which would have caused me to crash for sure. As a matter of fact there are many scenarios with the large amount of debris that was kicked up in front of me which could have caused me to crash. Had I locked my brakes up, or swerved to avoid it, I would have surely crashed.

Luckily, I was able to power through it.

Again, keep a safe distance from the car in front of you while riding your motorcycle, because on a motorcycle there are no second chances.

I need to listen to and follow my own rule!

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, © January 14, 2013

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Warning Do Not Buy Anything from Home Depot, You may lose your Money.

Home Depot

*** June 4, 2012 Update -

I received a cryptic email from “The Retail Equation” telling me that if I wanted a copy of my return activity report to call a phone number. This was in response to an email that I sent them threatening legal action.

I called their number and talked to a rep. She wanted the last 4 digits of my drivers license number.

I asked her how she would have my drivers license information since I have not filled out any credit applications with their firm, nor did I authorize any company to give it to them. She told me that when I gave a merchant my drivers license number that the merchant gave it to them. Very interesting.

I played along. It turns out they have me down for 3 return items in 6 months, including 2 defective items. So they blacklisted me from being able to make returns at stores that use their service.

I requested to speak to a manager and was told that there was no one to talk to.

I am now contemplating a class action lawsuit, or an individual lawsuit. I will write a follow-up article very soon.

If you have been a victim of Home Depot or “The Retain Equation” I would like to hear from you, I need plaintiffs for a class-action lawsuit.

*** June 3, 2012 Update –

I reported Home Depot to the Better Business Bureau.

I also called Home Depot’s Corporate Office and spoke to a lady named Evon who opened ticket # 513849.

She told me that There is absolutely nothing Home Depot can do to resolve the problem. I asked to speak to her manager, she told me that there was nothing he could do either. She stated that “The Retail Equation” was entirely responsible for the situation. Moral to the story, DO NOT SHOP AT HOME DEPOT. IF THEY WILL DO THIS TO AN ATTORNEY WHAT DO YOU THINK THEY WILL DO TO YOU?

I sent an email to “The Retail Equation” requesting to get their side of the story before I take any further action.

Read about what happened to me below.

I am an Attorney at Law. I have been shopping in stores for over 35 years. God only knows how much money I have spent shopping.

I have spent probably tens of thousands of dollars in Home Depot over the years.

I had a little project I wanted to do over the weekend, so on Friday evening I went in to Home Depot and spent a few hundred dollars on parts.

I started my project yesterday and discovered that one of the parts was the wrong part.

I brought the part, placed in its packing, one day after purchase, back to Home Depot along with the receipt. They asked me for my ID which I thought was kind of odd.

To make a long story short, they told me that my return was rejected and they gave me a receipt type printout that has an 866 number on it to call.

Further, the printout says that I will not be able to return any items at Home Depot for the next 90 days, and that after 90 days it will be re-evaluated.

Of course, I called the number and they are only open Monday – Friday, etc.

It appears to be a 3rd party company that Home Depot is using called “The Retail Equation,” that was responsible for Home Depot not allowing me to do a valid return. I found their website at http://www.theretailequation.com/ .

Apparently retailers are now hiring this company to determine whether they will allow returns to be made at the retailer.

I have never heard of such a service or thing.

I suspect they have me on some kind of list. I know they have made a mistake, or there might be identity theft going on.

Whatever it is, can you imagine if I made a several thousand dollar purchase and this happened?

Who wants to shop at a store that may not allow you to return anything for any reason?

I asked to speak to the manager, he refused to do anything. Basically Home Depot ruined my weekend project and I may be out a hundred dollars because they are refusing to allow me to return an unopened, undamaged product which I have the receipt for, the next day.

The blatant refusal of Home Depot to return something a day later with a receipt at least to me is unheard of.

I am warning all of you here and now, not to shop at Home Depot because based upon my experience, you may get stuck not being able to return something that may be defective, or something that may be the wrong size, the wrong type, etc.

You too could get stuck holding the bag for hundreds or even thousands of dollars.

Unless this is made right, I will take my money to Lowes and to other stores. I will never set foot in Home Depot again.

Home Depot and the Retail Equation just pissed off the wrong attorney. I am going to first start off by warning all consumers not to shop and Home Depot because they may not be able to do a return.

I will then take any and all appropriate legal action against anyone involved in this fiasco so that ordinary consumers do not have to go through what I went through.

You have been warned about Home Depot.

By California Consumer and Personal Injury Attorney Norman Gregory Fernandez, Esq., June 3, 2011

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BEWARE; You take your life in your hands at most California Indian Casinos

indian casino personal injury problems

Taking your life in your hands at California Indian Casinos

As a California Personal Injury Lawyer I feel I have a duty to inform all about California consumers lack of any real legal remedy if you suffer a Personal Injury at anyone of California’s numerous Indian Casinos.

If you have been the victim of a Personal Injury, or if you suffer a Slip and fall at an Indian Casino, you may have a potential court case, you may have a claim that will be headed to the tribal council, you may have a case that will go to private arbitration, you may have a case that will be determined by a private insurance company claims adjuster, or maybe you have a case that will literally give you no legal remedy.

Just 14 years after Gov. Pete Wilson signed the first compact with a tribe allowing Las Vegas-style slot machines in California, personal injury and property damage consumer protections in Indian casinos are all over the place respect to consumer rights and remedies in personal injury cases.

Every one of the 56 Class III gaming tribes within the State of California features its own specific tort liability ordinance spelling out how it will process personal injury cases.

The California State Bureau of Gambling Control states that many tribes authorize risk managers or their insurance companies to decide a claim’s validity. Some allow patrons to appeal case denials to tribal courts or to councils of tribal elders. Some others will take disputes to arbitration. Almost all do not recognize a role for California’s trial courts.

Each Indian Tribe is basic its own sovereign government. They do not have to follow California law on personal injury and most if not all don’t.

Due to this problem there are very few of us California Personal Injury Lawyers that will take on Personal Injury cases that occur on Indian Casinos.

I myself reject the vast majority of cases that come to me involving Indian Casinos, because without a standardized arbitration ordinance or something to that affect, they are too much of a hassle to deal with.

I have heard stories of Indian Casino cases taking many months or even years to get resolved, much longer than cases in the normal California court system. Many of the elderly victims who are claimants in these cases either give up or die before having their cases resolved.

Another issue with Indian Casino cases is that the people being sued are also the ones who are deciding the merits of the case. It is analogous to suing a Judge and then having that same Judge determine the outcome of the case in which he is being sued. How you do think that is going to turn out?

Appeals Courts have rejected Indian Casinos being sued in State Court stating that sovereign immunity precluded it from being sued in State Court.

What is bizarre to me is that the State of California negotiated compacts with the Indian Casinos allowing them to place Las Vegas style slot machines in the casinos, yet they did not provide a standard legal path for patrons of these casinos to take if they are injured within the Indian Casino.

I myself think it is time to either re-negotiate these compacts, or boycott the Casinos until the Indian Tribes themselves agree to standardized legal remedies for persons injured at their casinos.

I am calling on all California Indian Casinos to come sit at a table and discuss this situation so that a resolution can be reached to ensure California consumers that they are safe at your establishments.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © May 18, 2012

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An Epidemic of Stupidity

dont be stupidI have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case.

Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney.

Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney.

The first thing they teach us lawyers in law school is never to represent yourself in a legal matter because you are emotionally biased, and the emotions will adversely affect your ability to handle the case. It is always best to have an independent person represent you in a case.

Aside from the emotional aspects of representing yourself, do these people who want to play attorney and that try to represent themselves realize how complicated a real personal injury case is? Of course not they don’t. It would be close to impossible for an untrained person on their own, to prosecute a personal injury case through the court system without an attorney.

I have been practicing 15 years and I can assure you that I have seen some lawyers who need to go back to school, let alone an untrained person actually doing it.

Personal Injury cases are complicated and no self-help book is going to give you the knowledge you need to handle one of these cases.

I see non-lawyers in Court all of the time getting hammered by Judges and getting sent packing because they did not do their cases right. In some instances non-lawyers get dinged with monetary sanctions against them because they do not know the law.

Then there is the matter of the cheapskates. These are winners who figure in their mind, hell; I am not going to give an attorney a third of my case, so I will take all of the $2,000 the insurance company is going to give me.

They don’t realize that their case might in fact be worth $25,000 to $50,000, and even on the low end, they would have got two thirds of $25,000 or $16,675 with an attorney, as opposed to the $2,000 they got sucked into accepting by the insurance company.

One of my sayings is that it is better to get two thirds of something instead of all of nothing.

To me this is plain stupidity, and there is a lot of it out there lately.

It does not make sense to me why a person would try to handle their own personal injury case without an attorney, when an attorney like me can be retained with no money out of your pocket whatsoever until a recovery is obtained.

The insurance companies are constantly on the lookout for idiots who will accept the half payment of medical bills, or a token 1k to 2k to settle a case that might be worth tens of thousands of dollars, without an attorney.

Any insurance adjuster worth their weight in gold, loves talking to the stupid amongst us who for whatever reason, does not mind screwing themselves out of what they are entitled to by not retaining a personal injury attorney like me.

Don’t be stupid, if you have been injured due to the negligence of another call an attorney, heck, call me.

If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

California Personal Injury Attorney Website

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Make Sure you Notify the Department of Motor Vehicles if You Sell or Give Away your Car, Motorcycle, or other Motor Vehicle or You could Los Big Time

California Pink slip and tear off change of ownership form sample

California Pink slip and tear off change of ownership form sample

A common issue that is brought to my attention over and over again to such an extent that it is almost routine is the following scenario;

A person sells a car to another person, and that person gets into a car accident, commits a crime, or incurs a massive amount of parking tickets, before the person who sold the car notifies the Department of Motor Vehicles (DMV) of the sale or giveaway, or before the new owner registers the car in their name, and they are now getting sued, or having law or parking enforcement coming after them as though they were the responsible party.

I literally get at least 5 calls a week with this exact same scenario.

In the State of California you MUST notify the DMV within 5 days when you sale or transfer ownership of your vehicle.

I am not going to discuss what you need to do if you screwed up and are in this nightmare scenario because it is situation specific.

What I will tell you is this; in the State of California, and I assume other States as well, there is an attachment sheet that is connected to your Certificate of Vehicle Title (Pink Slip) that is to be torn off only upon selling or giving away the car, filled out, and sent to the DMV to notify them that you have sold or given away your car.

The simple act of filling out this form and sending it to the DMV can and will save you a lot of time, hassle, and potentially tens of thousands of dollars.

This is not rocket science folks. You have to assume the person that you are selling or giving the vehicle to may not change the title in their name, thus leaving you on the hook.

Another thing I recommend is creating a bill of sale, or a giveaway agreement that the new owner signs upon receiving the car and the pink slip, which will give you further proof that you sold or gave away your vehicle.

If for some reason you lost the sheet that is attached to the Pink Slip, the DMV has an online system that is available here, to notify them of the change in ownership.

Don’t be a fool, when you sale or change ownership of your vehicle, notify the DMV or it could cost you big time.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

By California Personal Injury Attorney Norman Gregory Fernandez, © April 25, 2012

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Common Factors Behind Motorcycle Accidents

motorcycle accident sceneMotorcycle accidents can be tragic as well as upsetting events.

The stats speak for themselves. Serious bodily harm as well as death is often the result of a motorcycle accident. Of the actual motorcycle accidents that do occur, roughly one out of every five motorcycle riders is actually fortunate enough to come away from the experience with just minimal bumps, bruises and abrasions. The lack of a protective buffer around the biker and the road inevitably leaves bikers in a very vulnerable situation. Generally there tend to be many common causes of motorcycle accidents, of which the most frequent, and clearly the predominant cause, is definitely a consequence of other motor vehicle drivers to some extent not seeing and recognizing motorcycles within dense traffic.

A number of reports offer support to this particular claim because they advise that virtually 66 % of almost all accidents involving a motorcycle and another car or truck are a direct end result of the motorist in a vehicle turning into the lane of the motorcycle and violating the motorcyclist’s right of way. It has likewise been advised that motorcyclists are 27 times more prone to die in a collision than are people in the other car or truck and they are also five times more prone to sustain an injury. Anyone can see then, the disastrous effects of car-motorcycle accidents.

Additional causative factors

Generally there tend to be a wealth of additional factors behind motorcycle accidents that occur quite frequently. One in particular can be motorcyclists who are inexperienced and simply do not know the constraints of their machine These brand-new riders push their motorcycles to the limit, which, in many cases, far exceeds the speed limit. This brings about another major reason for motorcycle accidents. Needless to say, speeding is not only restricted to new and young motorcycle riders, as often older and more experienced motorcycle riders have been also guilty of operating their motorcycles past the speed limit. Many motorcyclists really like the feel of the wind blowing through their hair, the freedom associated with the open road and the thrill associated with riding fast just inches from the road however,, traveling over the speed limit can result in dire consequences. A quick slip of the handlebars or an unforeseen obstacle ahead of the motorcycle can easily send the motorcycle reeling out of control. Therefore, speeding can be extremely dangerous and it’s also frequently the reason for many motorcycle accidents.

An additional common cause of motorcycle accidents can be a consequence of the motorcyclist’s carelessness. In cases where the motorcycle accident does not include another car, truck, or vehicle, the failure of the motorcycle rider to reduce speed when making a turn or simply under-turning as well as over braking in the turn are causes of motorcycle accidentrs in some instances. There can to be many various other things that may cause physical harm to the motorcycle rider after the initial motorcycle accident. Fuel leakage and spills in the post-crash phase can introduce a fire hazard and are common within approximately 60 % of all accidents sites.

Be careful out there when riding your motorcycle.

Riding within 5 miles per hour of the speed limit and wearing proper protection as well as a good helmet can make your ride more enjoyable, and increase your odds of survival in the event you are in an accident.

If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

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A Life Changed in an Instant, the anatomy of a Motorcycle Accident

northridge-motorcycle-accident ** December 19, 2011 Update: I regret to inform you that David Landowski the rider of  the motorcyle, age 53, died of his injuries Sunday night. May he rest in peace.

The following news was reported today as a short blurb in the press.

Northridge – California A motorcyclist suffered severe injuries during a two-vehicle crash in Northridge, California police said today.

The traffic accident occurred about 6 p.m. Friday at the intersection of Lindley Avenue and Rayen Street, according to the Los Angeles Police Department’s Valley Traffic Division.

According to police, Charles Giarratana, 62, driving a red Ford Explorer northbound on Lindley Avenue made a left turn onto Rayen Street where he struck David Landowski, 53, who was going southbound on Lindley Avenue on a white and purple-colored KTM 620SX motorcycle.

Landowski, a resident of Canyon Country, was transported to an area hospital with severe injuries. It was not immediately known if Giarratana, a resident of Reseda, was cited or arrested. Anyone who saw the traffic crash was asked to call the LAPD’s Valley Traffic Division at (818) 644-8036.

The only people who would probably read and care about news such as this are people that ride motorcycles, their friends and family, and the people in the article.

It is doubtful that average people would even read let alone care about a man on a motorcycle being hit by a negligent idiot in an SUV.

For me, a California Motorcycle Accident Lawyer and an actual motorcycle rider, this article brings forth many thoughts.

The vast majority of motorcycle accidents on city streets are caused by some idiot making left turns in front of or into a motorcycle rider because they do not look for motorcyclist, they do not see the motorcyclist, or they think they can beat the motorcyclist before they turn.

The innocent motorcyclist may not even see the negligent driver making the left turn until they are right in front of them, or not at all.

Their life is changed in an instant.

I wonder if David Landowski riding his KTM 620SX motorcycle saw Charles Giarratna turning before he hit him? I wonder if Charles Giarratna has any clue what damage he has caused to the life of David Landowski simply because he did not look before he made the turn, or tried to turn before David rode past him?

Either way one thing is certain, David Landowski’s life will never be the same again.

The newspaper article stated that David Landowski was transported to the hospital with severe injuries. I pray for him and his family that he will survive. If he does survive he will probably suffer months or even years of excruciating pain, loss of enjoyment of life, and emotional distress, not to mention loss of income, a career, or a job, tremendous medical bills, and maybe not ever being able to return to a normal life.

Some riders such as David will never be able to ride a motorcycle again, some lose limbs, some suffer permanent debilitating injuries, and some never recover.

So the next time you read a little news blurb about some idiot making a left hand turn in front of a motorcycle rider and hitting him or causing the motorcycle rider to hit the car or truck because the car turned in front of the motorcycle, think about the fact that the motorcycle rider’s life was changed in an instant.

There is tremendous human pain and suffering, support to family lost, and life’s irreparably harmed in such little news blurbs.

The next time you are out riding in your car, SUV, truck, etc., look for us motorcycle riders. You do not want to have the thought of destroying someone’s life on your conscious.

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © December 17, 2011

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If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

Welcome, my name is Norman Gregory Fernandez, Esq. I am a real biker, and a real California Biker and Motorcycle Lawyer. Click on the About Me Tab on Top to find out more about me

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