Judge rejects bid to shut Oakland pot dispensary

OAKLAND — The nation's largest medical marijuana dispensary won a round in federal court this week, with a judge rejecting efforts by Harborside Health Center's landlords in Oakland and San Jose to immediately shut down operations.

The property owners have been under pressure since federal prosecutors last summer threatened to seize the buildings, arguing that pot sales were in violation of federal law. But in her ruling, Chief Magistrate Judge Maria-Elena James said that "any argument about the urgency of stopping Harborside's activity rings hollow" — since the landlords had known for years that it was a medical cannabis dispensary.

Allowing Harborside to stay open while a fuller legal airing of the issues took place, James continued, would not cause the landlords irreparable harm.

In her ruling in U.S. District Court in San Francisco, James also found that the property owners had no legal standing to seek an immediate end to sales at the dispensary by contending they violated the federal Controlled Substances Act.

Harborside — which serves more than 108,000 patients — now will have the opportunity to battle the federal civil forfeiture actions in court.

"We look forward to proving our case in front of a jury, and continue to believe we will prevail," Harborside's executive director, Steve DeAngelo, said in a statement.

The city of Oakland also has sued to prevent the property forfeiture, contending that federal prosecutors had missed a five-year statute of limitations and misled city officials with promises that they would not go after dispensaries complying with state and local laws.

In her ruling, James ordered Oakland's case be coordinated with the forfeiture cases.

Monday's ruling sets the stage for what could be a precedent-setting battle over clashing federal and state marijuana laws.

Cedric Chao, an attorney for Oakland, has argued that closure of the dispensaries would deprive the city of tax revenue and force Harborside's patients into the underground market, driving up crime.

"The city of Oakland could not be more pleased" by James' ruling, Chao said. "The patients can continue to get the medicine. They won't be thrown in the streets. There won't be an immediate public health crisis. There won't be a public safety crisis."

The U.S. attorney's office repeatedly has declined to comment on the ongoing litigation. Prosecutors have filed a motion to toss Oakland's suit, contending the city has no legal standing to weigh in. That issue will be heard at a hearing on Jan. 31.

lee.romney@latimes.com

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Samsung’s big push for 2013: content, corporates

LAS VEGAS (Reuters) – Samsung Electronics, the global leader in consumer smartphones, is planning two major thrusts in 2013: bulking up mobile content and moving faster into the corporate market dominated by Research in Motion.

The South Korean electronics company is investing in devices that enterprise users like corporations will endorse, with a higher level of security and reliability than general users need. In doing so, Samsung is capitalizing on doubts about the longevity of the BlackBerry as its Canadian maker struggles to revive growth.

Samsung’s corporate market ambitions have advanced as the Galaxy SIII, its popular flagship smartphone, won the requisite security certifications from companies, said Kevin Packingham, chief product officer for Samsung Mobile USA.

As RIM prepares to launch its next-generation BlackBerry 10 this quarter, the company’s future remains shaky. Corporate technology officers have begun to explore other smartphones, such as those by Apple Inc or Samsung.

“The enterprise space has suddenly become wide open. The RIM problems certainly fueled a lot of what the CIOs are going through, which is they want to get away from a lot of the proprietary solutions,” Packingham said in an interview at the Consumer Electronics Show in Las Vegas. “They want something that integrates what they are doing with their IT systems. Samsung is investing in that area.”

“It’s been a focus for a long time but the products have evolved now that we can really take advantage of that,” he added. “We knew we had to build more tech devices to successfully enter the enterprise market. What really turned that needle was that we had the power of the GS3.”

Samsung in 2012 overtook Apple as the world’s largest maker of smartphones, with a vastly larger selection of cellphones that attacked different price points and proved popular in emerging markets.

German business software maker SAP provides employees with Samsung’s Galaxy S III, the larger Galaxy Note and the Galaxy Tab, SAP Chief Information Officer Oliver Bussmann said in an interview.

“The one clear trend in enterprise is the shift away from one device to multiple devices,” said Bussman, who makes 10 devices available to SAP employees for official use. The list includes Apple’s iPhone and iPad, Nokia Lumia and RIM’s Blackberry.

“Because of the fragmentation of the Android software, we decided to go with just one Android company and we went with Samsung,” he added.

Now, the Korean hardware specialist is beefing up its software – an area in which it has lagged arch-enemy Apple, which revolutionized the mobile phone from 2007 with its content-rich, developer-led iPhone ecosystem.

Packingham sees an area ripe for innovation – combining the mobile phone with Samsung’s strength, the TV, which has barely evolved in the past decade.

Still, the U.S.-based executive remained cagey about Samsung’s plans for content and enterprise.

“You are going to see from content services, we’ll start to integrate what’s happening on the big screen, what’s happening on the tablet,” he said.

“We know now that people like to explore content that they are watching on TV while they have a tablet in their lap, and that’s going to be a big theme for this year.”

(Editing by Richard Chang)

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'Lincoln' leads race for British Academy Awards

LONDON (AP) — Historical biopic "Lincoln" leads the race for the British Academy Film Awards, with 10 nominations at the U.K. equivalent of the Oscars.

Epic musical "Les Miserables" and boy-meets-tiger saga "Life of Pi" have nine nominations each.

Lincoln's nods, announced Wednesday, include best picture and three acting nominations — Daniel Day-Lewis for leading actor, Sally Field for supporting actress and Tommy Lee Jones for supporting actor.

In recent years, the awards, known as BAFTAs, have helped underdog films including "Slumdog Millionaire," ''The King's Speech" and "The Artist" gain momentum for Oscars success.

The winners will be announced at a ceremony in London on Feb. 10, two weeks before the Hollywood awards.

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Recipes for Health: Cauliflower and Tuna Salad — Recipes for Health

Andrew Scrivani for The New York Times

I have added tuna to a classic Italian antipasto of cauliflower and capers dressed with vinegar and olive oil. For the best results give the cauliflower lots of time to marinate.

1 large or 2 small or medium cauliflowers, broken into small florets

1 5-ounce can water-packed light (not albacore) tuna, drained

1 plump garlic clove, minced or pureéd

1/3 cup chopped flat-leaf parsley

3 tablespoons capers, drained and rinsed

1 tablespoon fresh lemon juice

3 tablespoons sherry vinegar or champagne vinegar

6 tablespoons extra virgin olive oil

Salt and freshly ground pepper

1. Place the cauliflower in a steaming basket over 1 inch of boiling water, cover and steam 1 minute. Lift the lid for 15 seconds, then cover again and steam for 5 to 8 minutes, until tender. Refresh with cold water, then drain on paper towels.

2. In a large bowl, break up the tuna fish and add the cauliflower.

3. In a small bowl or measuring cup, mix together the garlic, parsley, capers, lemon juice, vinegar, and olive oil. Season generously with salt and pepper. Add the cauliflower and toss together. Marinate, stirring from time to time, for 30 minutes if possible before serving. Serve warm, cold, or at room temperature.

Yield: Serves 6 as a starter or side dish

Advance preparation: You can make this up to a day ahead, but omit the parsley until shortly before serving so that it doesn’t fade. It keeps well in the refrigerator for up to 5 days.

Nutritional information per serving: 188 calories; 15 grams fat; 2 grams saturated fat; 2 grams polyunsaturated fat; 10 grams monounsaturated fat; 10 milligrams cholesterol; 8 grams carbohydrates; 3 grams dietary fiber; 261 milligrams sodium (does not include salt to taste); 9 grams protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Disneyland fights multiday pass abuse by photographing holders

Workers at Disneyland and Disney California Adventure Park took photos of visitors entering the parks Tuesday as part of a new crackdown on abuse of multiday passes.

The photographing of guests — including children — delayed visitors' getting into the park by about 45 minutes, parkgoers said.

"They delayed literally thousands of people in line to do this process," said Bob Shoberg, a San Jose resident who visited Disneyland with his wife, daughters, in-laws and grandchildren.

Disneyland officials denied that guests suffered significant delays and said only multiday pass holders were photographed.

Disney has been struggling to stop several ticket brokers in Anaheim from buying multiday park passes and then "leasing" or "renting" them to visitors for individual days.

The scenario works like this: A ticket broker buys a three-day "park hopper" pass for $205 and rents the ticket to three guests for $99 a day. The broker makes a profit of $92, and the guests, who would otherwise pay $125 for a one-day "park hopper" ticket, save $26 each.

Disneyland prohibits visitors from sharing multiday passes, but the practice does not violate local laws.

To help stop the practice, Disneyland workers a few months ago began adding the names of parkgoers to the passes and requiring that they show identification at the front gate.

On Tuesday, Disneyland took the latest step of photographing visitors who are using a multiday pass for the first time, park spokeswoman Suzi Brown said.

When the pass is used a second time, Disneyland workers at the park turnstiles will see a photo of the guest pop up on a computer screen, she said. If the person at the turnstile is not the person shown on the screen, Brown said the guest won't be allowed to use the ticket.

Disneyland officials declined to say what percentage of visitors use multiday passes, but Brown said only a "very small percentage of guests" were photographed, and that did not cause a significant delay.

"So that our guests are not taken advantage of, we strongly advise that they only purchase tickets at Disneyland Resort, at our hotels or through an authorized seller to ensure that tickets are valid," Brown added.

Brown said the parks realized the problem was growing when park workers noticed ticket brokers waving signs hawking discounted passes on the streets around the park.

One business, Bestticketshere.com, says on its website that it rents multiday passes for Disneyland and Universal Studios. The website said the business guarantees its tickets will be accepted or customers will get a full refund.

In response to an email request for comment on Disneyland's new crackdown, the company wrote: "Is the ultimate goal to shut these companies down so everyone has to pay full price?"

Most theme parks take photographs of people who buy annual passes and affix them to the pass.

Universal Studios Hollywood uses fingerprints and cross-checks the names printed on the annual passes to ensure that the tickets are not shared, park officials said. At Raging Waters in San Dimas, annual pass buyers are photographed and their photo is affixed to the pass.

hugo.martin@latimes.com

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Banks, regulators reach mortgage settlements

In two of the biggest civil settlements since the financial crisis, the nation's biggest banks agreed Monday to cough up nearly $19 billion to resolve federal allegations of mortgage misdeeds.

Bankers saw the settlements as a major step in providing more certainty for their balance sheets and possibly foreshadowing an end to the era of billion-dollar mea culpas and open-ended regulatory probes.

In one case, 10 banks settled with regulators for $8.5 billion. In the second, Bank of America Corp. agreed to pay almost $10.4 billion to Fannie Mae, the giant loan buyer that the U.S. seized and propped up with tens of billions of taxpayer dollars.

The deals come three years after prosecutors dropped criminal investigations against such subprime-mortgage kingpins as Countrywide Financial Corp.'s Angelo Mozilo in favor of pursuing civil fines.

"I'd have to say we're at least 75% of the way through with this process," said SNL Financial analyst Nancy Bush, arguing that it's time to concentrate on rebuilding the dysfunctional U.S. mortgage system. "The bankers are going to have to stop complaining about the government, and we'll have to stop this endless calling for someone to go to jail."

Housing advocates welcomed payouts for homeowners but asserted that the banks and bankers have gotten off easy, given the enormity of the economic damage to Main Street.

"When you think about $8.5 billion, and you know trillions of dollars in wealth have been lost by communities, it's not enough at all," said Sasha Werblin of the Greenlining Institute. "But some money is better than nothing."

The Bank of America settlement ends a bitter standoff between BofA, once the largest seller of home loans, and Fannie Mae, the nation's largest mortgage buyer.

The deal ends Fannie's demands that BofA buy back a mountain of soured loans issued by Countrywide, the high-risk Calabasas lender BofA acquired in 2008. BofA Chief Executive Brian Moynihan characterized the deal as "a significant step in resolving our remaining legacy mortgage issues."

BofA agreed to buy back $6.75 billion in residential mortgage loans sold to Fannie Mae and pay it an additional $3.6 billion in cash.

Moynihan had agreed previously to tens of billions of dollars in Countrywide-related claims. Those include shouldering the lion's share of last year's $25-billion settlement that five banks reached with the Obama administration and state attorneys general over so-called robo-signing of foreclosure paperwork and other abuses.

BofA still faces billions of dollars in claims from plaintiffs, including major insurers, the U.S. attorney's office in New York and the federal regulator overseeing Fannie Mae and fellow mortgage finance giant Freddie Mac.

But the bank has reached a tentative $8.5-billion settlement with holders of certain Countrywide mortgage bonds and another pending settlement for $2.4 million over its acquisition of Merrill Lynch & Co., also in 2008.

Because Countrywide left Bank of America with so many mortgage-related headaches, many view BofA's tangles with regulators as a barometer for the whole mortgage industry, SNL's Bush said. And as bank stock prices recovered over the last year, BofA led the way with a 109% gain for 2012.

The $8.5-million settlement with 10 banks Monday represented an acknowledgment by bank regulators that a previous attempt to review millions of foreclosures for bank wrongdoing had failed. Instead, they took a streamlined approach — the lump sum — in getting relief for troubled borrowers. Four other banks opted out of the settlement.

The settlement replaces a failed process that started in April 2011. In that arrangement, the Office of the Comptroller of the Currency and the Federal Reserve required the 14 big providers of mortgage customer service to hire consultants to review foreclosures from 2009 or 2010, potentially affecting 4.4 million borrowers. Nearly half a million borrowers signed up for the free reviews, which were supposed to lead to compensation in cases of bank misconduct.

But the consultants' tab totaled $1.5 billion as last year ended — without a single penny of relief going to borrowers. So the regulators and 10 of the banks, including mortgage giants Bank of America, Wells Fargo & Co. and JPMorgan Chase & Co., agreed to a plan for more direct aid.

The 10 banks will pay $3.3 billion to 3.8 million borrowers, who could receive amounts ranging from a few hundred dollars to $125,000 depending on evidence of wrongdoing. Reviews continue at the four banks that opted out of the new approach.

In addition, the 10 banks agreed to provide $5.2 billion in foreclosure prevention assistance to borrowers at risk of losing homes, including mortgage modifications or forgiveness of judgments against them.

Comptroller Tom Curry, the nation's top bank regulator, said the switch was a "significant change in direction." But he said it met the original objectives "by ensuring that consumers are the ones who will benefit and that they will benefit more quickly and in a more direct manner."

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181,354 People on Twitter Think They’re Experts at Twitter

Do you tweet a lot? Do you post everything on Facebook? Do you #hashtag #complete #sentences #like #this? Do you describe yourself, variously, as a social media “maven”, “master”, “guru”, “freak”, “warrior”, “evangelist” or “veteran”? (Yes, a social media veteran. As if Tumblr were a deadly war you narrowly survived.) Well: you’ve got company! There are more than 181,000 such individuals on Twitter, people who adorn their profiles with credentials like “social media freak” and “social media wonk” and “social media authority.”

RELATED: Teens Hacking Their Friends’s Twitter Accounts Is All the Rage

B.L. Ochman at Advertising Age, whose heroic research produced the final tally, first noted the trend three years ago — when she recorded, among other distinctions, 68 “social media stars” and 79 “social media ninjas” on Twitter alone — and has been keeping track ever since. This isn’t just the stuff of legitimate Twitter news-breakers like Anthony DeRosa and Andy Carvin — Ohman provides a helpful breakdown of the terms she looked for — you know, like “social media warrior.” (We’re tempted to argue that such diligence makes Ochman something of a social media warrior herself.) Ochman also warns of using “guru” — a Sanskrit term — to describe oneself:

While a great many of these self-appointed gurus are no doubt taking the title with tongue firmly planted in cheek, the fact remains: a guru is something someone else calls you, not something you call yourself. Scratch that: let’s save “guru” (Sanskrit for “teacher”) for religious figures or at least people with real unique knowledge.

I’d argue, in fact, that “social media” and “guru” should never appear in the same sentence.

Whatever the term, social media seems to be a growth industry: there were only 15,740 “mavens” (or whatever) in 2009 — less than a tenth of those represented today.

Social Media News Headlines – Yahoo! News

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David Bowie readies 1st album in 10 years

NEW YORK (AP) — David Bowie is celebrating his birthday by releasing new music.

The English singer announced Tuesday, his 66th birthday, that he has released his first song in 10 years titled "Where Are We Now?" A new album, "The Next Day," will be out March 11 and 12 in the United Kingdom and the United States, respectively.

The slow groove was released on iTunes and in 119 countries. It was produced by longtime collaborator Tony Visconti.

Bowie's last album was 2003's "Reality." The fashion forward singer debuted in the 1960s, releasing multiple successful albums with sounds that range from rock to pop to glam rock to soul and funk. The Rock and Roll Hall of Famer's hits include "Let's Dance," ''China Girl," ''Fame" and "Dancing In the Street."

___

Online:

http://www.davidbowie.com

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Health Spending Growth Stays Low for 3rd Straight Year

WASHINGTON — National health spending climbed to $2.7 trillion in 2011, or an average of $8,700 for every person in the country, but as a share of the economy, it remained stable for the third consecutive year, the Obama administration said Monday.

The rate of increase in health spending, 3.9 percent in 2011, was the same as in 2009 and 2010 — the lowest annual rates recorded in the 52 years the government has been collecting such data.

Federal officials could not say for sure whether the low growth in health spending represented the start of a trend or reflected the continuing effects of the recession, which crimped the economy from December 2007 to June 2009.

Kathleen Sebelius, the secretary of health and human services, said that “the statistics show how the Affordable Care Act is already making a difference,” saving money for consumers. But a report issued by the Centers for Medicare and Medicaid Services, in her department, said that the law had so far had “no discernible impact” on overall health spending.

Although some provisions of the law have taken effect, the report said, “their influence on overall health spending through 2011 was minimal.”

The recession increased unemployment, reduced the number of people with private health insurance, lowered household income and assets and therefore tended to slow health spending, said Micah B. Hartman, a statistician at the Centers for Medicare and Medicaid Services.

In the report, federal officials said that total national spending on prescription drugs and doctors’ services grew faster in 2011 than in the year before, but that spending on hospital care grew more slowly.

Medicaid spending likewise grew less quickly in 2011 than in the prior year, as states struggled with budget problems. But Medicare spending grew more rapidly, because of an increase in “the volume and intensity” of doctors’ services and a one-time increase in Medicare payments to skilled nursing homes, said the report, published in the journal Health Affairs.

National health spending grew at roughly the same pace as the overall economy, without adjusting for inflation, so its share of the economy stayed the same, at 17.9 percent in 2011, where it has been since 2009. By contrast, health spending accounted for just 13.8 percent of the economy in 2000.

Health spending grew more than 5 percent each year from 1961 to 2007. It rose at double-digit rates in some years, including every year from 1966 to 1984 and from 1988 to 1990.

The report did not forecast the effects of the new health care law on future spending. Some provisions of the law, including subsidized insurance for millions of Americans, could increase spending, officials said. But the law also trims Medicare payments to many health care providers and authorizes experiments to slow the growth of health spending.

“The jury is still out whether all the innovations we’re testing will have much impact,” said Richard S. Foster, who supervised the preparation of the report as chief actuary of the Medicare agency. “I am optimistic. There’s a lot of potential. More and more health care providers understand that the future cannot be like the past, in which health spending almost always grew faster than the gross domestic product.”

Evidence of the new emphasis can be seen in a series of articles published in The Archives of Internal Medicine, now known as JAMA Internal Medicine, under the title “Less Is More.” The series highlights cases in which “the overuse of medical care may result in harm and in which less care is likely to result in better health.”

Total spending for doctors’ services rose 3.6 percent in 2011, to $436 billion, while spending for hospital care increased 4.3 percent, to $850.6 billion.

Spending on prescription drugs at retail stores reached $263 billion in 2011, up 2.9 percent from 2010, when growth was just four-tenths of 1 percent. The latest increase was still well below the average increase of 7.8 percent a year from 2000 to 2010.

Federal officials said the increase in 2011 resulted partly from rapid growth in prices for brand-name drugs.

Prices for specialty drugs, typically prescribed by medical specialists for chronic conditions, have increased at double-digit rates in recent years, the government said. In addition, spending on new brand-name drugs — those brought to market in the previous two years — more than doubled from 2010 to 2011, driven by an increase in the number of new medicines.

“In 2011,” the report said, “spending for private health insurance premiums increased 3.8 percent, as did spending for benefits. Out-of-pocket spending by consumers increased 2.8 percent in 2011, accelerating from 2.1 percent in 2010 but still slower than the average annual growth rate of 4.7 percent” from 2002 to 2008.

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Noise requirements proposed for hybrid and electric vehicles

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