News Scrapbook 1988

San Diego. CA) n o,ego Co. an D,en_o Union (Cir D. 217 ,089) (C,r S 341,840) DEC17 1 88

San Diego, CA (San Diego Co.l Evening Tribune (Cir. D. 123,064) DEC 2O1988

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our job well become longer and long r, said The Toreros' next home game IS Dec 2h.gamst Egan. . USIU - U.S. International University last 111g~t ended a 10-game, 21-day road trip with a 94-89 wm over Coppin State in Baltimore. USIU Jed 47-46 at halftime, and the second ~alf was a seesaw affair. After a three-week shool~ng slump including trouble from the free-throw hne that c~ t them two g~mes, the ~u\ls got a one-and- one from Steve Smith with six seconds left to ensure the win against 3-3 Coppin State Th G n who went 2-8 on the trip and are now 4 _8 o!er:n ~ext play Montana at Golden Hall Dec. the University of North Texas. • • • .

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The USD's men's basketball team_has a big tas~ tonigtff Namely stopping Wayne Tinkle, the Um- versity. of Monta'.na's 6-foot-10 forwar~. will take a 4-2 record mto the non- ainst the 5-4 Grizzlies in Mis- co~er~:lgame a~or is leading Montana m scor- m~. < 1: .;~~~do~~~u~st fig 'ro~n in the West," USD H k E an said of Tinkle. "He can Th T e oreros ~ou a. I e, a sen d1n (8 3) H sc~e ins1d~/~:e task oi stopping Tinkle will not f 11 gt ~ 1 upon 6 _9 sophomore center Dondi Bell. a ..~;.1ie Y, • ·.,_ 1.A1~ without e:1ving up head ~o~ch anoutsfde "

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Grizzlies 67-62.

Smc dropping out of high :ihh~~ 19 years o LaPage hadubethe fact mg, finding ways to cover .P 11 _ that he lacked good reading, spe mg and wnting skills. o more . d en· LaPage • out of hldmg an . roll d In the Carson Adult Le~rmng C l on of the late 'l addition~ to en er, San Diego adult liter cy programs 10 Co~~~ nt rat Car on Elementa:Y School n Lmda V1 ta opened i~ doo to thre adults Sept 20 an tod y ha 27 volunte rs an~ 3 \ s;~~ d n m t of whom rea a . third, to fifth-grade leve~s 18 to 68 • tud nts range mage rom back· and they come from vaned Se Llteracf on Page 8-6

While Monftanta de~~ 1!rfc~:ft~~k-Four start'. ers are averaging in double figures. J11;mor or- ward Craig Cottrell is averaging 12.3 pomts. Send ior guard Danny Means and fr~hma~ forwar Gylan Dottin average 11.5 Bell is sconng IO 8 a Means is commg off a car~r-high 26 pomt~ m the Toreros' 86-66 victory against Seattle J:1:~c on Saturday. He was 6-of-8 ?n thre : 1~~ h~ first half and at one point scor 5 raig Egan said one thing he's hoping to accomTphsh m the team's next two road gam~ - t~e oreros visit Nevada-Reno on Friday - 1s consistency. the Toreros ea ure a . . f game. . . . . i . points. . .

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VLitigation Call;d hou~ Only Certainty for Insurer Antitrust .1.. 'JSS Experts Argue Effect

Antitrust Haven Sparks Debate IVhether the initiative will impair the organiza i_on:s ability to issue advisory rates in Califor= 0 8~ilfB comp~nics ~olluded to boycott." llll 1s moot. He noted that ISO stopped issuing lit" ! alb~ruan said, "there's likely to be 1dvisory rates for auto and homeowner insur- 10 ~gat~n t~s~g the outer limits of Proposition 1!1-Ce 1977 ~nd ended the service for Commer- an w at 1s pennitt~d.". . . :1al lines 1n 1987 pursuant to a state .t1°T:.rarea ofp~t.!nhal litigation if Propo- )epartment of Insurance directive. I ~ion . is upheld is alleged agreements be- ~n dis~ussing Proposition 103's impact on su~~n msurers to allocate territories. Under >nee fixmg, Strumwasser pointed to another :Oupposed _arran~ements, compa nies iffect of the initiative: increased penalties for r~e~dsell onlymparticular markets and not intitrust violations. 0 10 ?n etch other's turf. Fellrneth called Unde~ the state Insurance Code, sanctions such act1vtty a form of price fixing." i ore limited to fines , which many experts con- Stnunwasser agreed territorial allocation I e~d ~re too_small to deter anti•competitive could be a potential problem for insurers under e avtor by msure~s , "Any price fixing worth Proposition 103. He noted the initiative's anti- :s salt IS good busmess (in California)," said ~ru~t.provision would not make it illegal for I trumwasscr. ~.eca~se ?f the limited sane- mdindual companies to decide "this is an area ons, he add_e~,. Cahf.orma has effectively had ~e want to serve, and we won't provide service o law prohib1tmg pnce fixing ," m a~other area." But removing the industry's partial exem . • . on from antitrust laws will subject carriers io BUb~~ian disc?unt~d the possibility that 7 bl~ damages, attorney fees and possible ~osi,tion 103 m_ight .~ncrease litigation over "llll1nal penalties if they are found guilty of e , orial allocation. That has always been mcertcd actions that restrain trade.

St V Plllln works with tutor Catherine Gomez Plata on improving his reading at the Carson Adult Learning Center. L te acy: Adults lea n it's never too late mile from th campus and conv i nt for tudent volunteers L Pag , a hm blonde with down to-earth manner, said a Inc at work told h r about 1t. "In tead of hiding out, LaPa e 1d, "I f1gurM 1l w time to pro r . I w nt to get my GED (gener equivalency high chool diplom, and go for.something that pay more money, maybe get into comput rs." LaPage ts not sure why didn't learn the basics of reading and writ- mg dunng b r 11 ½ years of public education. In retrospect, she aid. it could have been any number of things. Her father was in the Navy and the family moved around a lot, disrupt· ing her learning. She failed first and third grades and later was placed in special-education classes. Seventeen years ago LaPage test- ed for her high school equivalency diploma but failed by a few percent• age points. The experience robbed her of the little self-confidence she had.

Of 103's Repeal of Industry Exemption Rich Opportunity?

By TOM DRESSLAR

actionable u~der the boy'?ott rubric," he said Afinal subJect ofpotential litigation now that ~e ilsurance industry's state antitrust eicemp- 1 tion has been repealed is tie-in arrangements / ac(!)rding to Strumwasser. ' Under such arrangements - which are gen- eraly barred under federal and state antitrust laws - companies condition the provision of one type of insurance on the client's buying other cov_e:age. For example, an insurer might hnkproV1s1on ofauto insurance to a customer's 1 ~ommitment to also buy homeowners insurance. . The ~heory behind the prohibition against tie- ins, said Strumwasser, is that "if you have a product in which you have market power, yo1.1 should not use that power to (decrease) compe- tition in an ancillary market:/

SACRAMENTO - In passing Proposition 103, California voters did what consumer advo- cates have been unsuccessfully asking the Leg- isla~e and C?ngress to do for years - strip the insurance industry of its exemption from antitrust laws. . B~t whe~er the development will have a significant ~pact o~ antitrust litigation, in• dustry practices and insurance rates is a mat- ter of debate among lawyers and consumer advocates. ."This is a great victory for consumers " said Linda Lipson, legislative counsel for C~nsum- ers Union in Washington, D.C, And Michael Strurnwasser, a special assis- tant state attorney general, said that "in the ~ong run, this will produce a richer variety of insu1:3nce product at a lower price from a more efficient and competitive industry." But Laurence M. Popofsky, an antitrust law- yer with the San Francisco firm ofHeller Ehr- man, ':{hite & McAuliffe, dismissed the exemption repeal as a "non-event (that) has almost 1;1othing to do with the way insurance comparues operate. . "Mr basic view is that the repeal has very little rmpact on the insurance industry which is ve'9' competitive," Popofsky said. ' While the repeal's potential significance is a subject ofdebate, experts generally agree law- yers and the courts will play a major role in determining the impact as insurers and con- sumers launch litigation to test the boundaries of acceptable activities by the industry ' 'Antitrust laws are probably a classic ~am- ple of very general statutory regulations that are left up to the courts to interpret," Strum- wasser noted. 'Gluttonous Opportunity' Robert Fellmeth, the director of the Center for"Public Interest Lawand co-a11thor ofa book on antit~st regulatory !3w and practice, add- ed that insurance antitrust (litigation) may be a gluttonous opportunity" for prosecutors and plaintiffs lawyers. "If I was a U.S. attor- ney or district attorney, I would right now be putting my cases together." Area~ in which ~e antitrust-exemption re- peal 1n1ght change industry practices or pro- duce litigation include: The_setting of advisory rates and possible pnce fixing; • Industry boycotts; • Allocation of sales territories among in- surers; and • Tie-in arrangements tying the purchase of one type of coverage to the purchase of another. Ofcourse, the repealerprovision will have no impact if the state Supreme Court strikes down the entire initiative. The court has agreed to hear a constitutional challenge filed by insur- ers, Calfarm Insurance Co. v. DeuJrnudian S007838. '

,ycott Activity ~ether Pl"!'position 103 will increase insur- _wlnera~1hty to suits alleging boycott ac- nties also 1s an issue of contention. Insurance industry lawyers note boycotts aJ. ady are illegal under both the McCarran- ,rguson Act and the unfair practices section the state ~~surance _Code Thus, they con- td,.Proposition 103 will have little or no im· ct m that area of antitrust law. 3~t Co~sumers Union's Lipson said the ini- tive will make it easier to sue insurers for eged boycott activities. She argued the ,Carran-Ferguson Act requires boycotts to "a~solute and total" and bars successful gation based on the actions of smaller num- 'S of insurers in a particular market. ..nd Fellmeth said both McCarran-Ferguson Ithe state Insurance Code also requires the ·cott to be coercive. Neither, he added, "ad- sses voluntary collusion." opofsky said Proposition 103 "arguably" ~d ~ake it easier to file boycott suits mst insure:5. But he added, "I don't know !1nrone _being boycotted in California." .aintiffs will have a hard time winning boy- ,tt <:3ses "with or without Proposition 103 " i~d. ' B_~b.anian rejected the comments on boycott :,~Vlties _made by Fellmeth and Lipson. k;Y ~d of concerted activity is illegal," :said, You could have (a cause for action) if

"I was disgusted, hurt and fed up. so put it out of my mind," she said. Through the years LaPage found ways to compensate for her bad spelling by asking co-workers and others for help. That's one of the practices that led to the fallout with her boss. Dave Gross, LaPage's volunteer tutor, sees part of his job as building up LaPage's confidence. She 1s a pretty good reader, be adds, but is weak in spelling because she con- fuses vowel and consonant sounds. Gro s, 48, said he gets as much sat- isfaction out of tutoring LaPage as she does learning from his instruc- tion A budget analyst for City Schools, he ' aid he plans to work with LaPage for as long as it takes her to get her GED. That 1s her goal, he said, and so he has made it h!S.

Adult Ii era y rograms offered in ounty ·sted

Mira Co a College, I Barnard Drive, Oceanside, 757-2121, Ext. 264. 'allonal City Public Library ProJect READ, 200 E. 12th St., Na- tional City, 474-2129 or 474-2142. San Diego Community College Dis- trict Continuing Education, 5350 Uni- versity Ave., San Diego, 230-2144. San Diego County Library Adult Literacy Services 5555 Overland AVe., Bldg. 15, San Diego, 694-3995 or 1-800-231-0959. San Diego Public Library READ- San Diego, 1535 Euclid Ave, Suite C, n Diego 263-0681. Also use this phone number to mquu-e about the Carson Adult Learnmg Center in Time to Read Southwestern Cabjle TY 8949 Ware Ct., 695-3110. ~----- Linda Vista .

Here IS a h ting of other adult li- teracy programs m San Diego Coun• ty: Altrusa Club of Chula Vista, Allru- sa Literacy Team, 210 Landi Ave., Chula Vista, 422-4145.

Carlsbad City Library, Adul t Learning Program, 1207 Elm Ave., uite 0, Carl bad, 729-3690. Chula Vista Literacy Team, 210 ~-;;.;.,/..~...;;.;;.... Land1s Ave., Chula Vista . 425-4784

San Diego, CA (San Diego Co.) Evening Tribune \Cir. D. 123,064) OEC201988

Downtown YMCA , Open Book Reading Program, 500 W. Broadway, Suite B n Diego, 232-7451 Lauback Literacy Council of San Diego Count Inc P.O Box 341, En- cmita 42-4945 Literacy Volunteers of Amenca- San Diego, 2893 University Ave., San

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San Diegan eyed for 0~ i cofrt Governor lists candidates; Judge Benke one of four From Tribune Wire and Local Reports SACRAMENTO - Gov. Deuk- mejian has selected four appeals court justices, including Patricia Benke, 39, of San Diego, as his choic- es to succeed state Supreme Court Justice John Arguelles. Arguelles, 61, recently announced bis plans to leave the court March 1 and return to Orange County. The cour~'s only Hispanic, Arguelles was appo1~ted_m March 1987, joining two other Justices to fill vacancies creat- ed by the defeat in 1986 of Chief Jus- tice Rose Bird and Justices Cruz Reynoso and Joseph Grodin in a bit- ter election battle over the court's handli?g of death-penalty appeals. Besides Benke, the others being considered for the vacancy are H, Walter Croskey, 55, of Pacific Pal- isades; Joyce Luther Kennard, 46, of Sherman Oaks; and Fred W. Marler, 56, of Sacramento. Marler served in the state Senate with Deukmejian. Be~ke's s~lection probably surpmeJ few m legal and judicial circles, because she has been a Deuk- mejian favorite for years and was a finalist for the state's high court in February 1987. 1 She graduated from.thtl}niversity o{San Dieg~w School i~ appointed aMunicipal Court judge in 1983 and became a Superior Court judge two years later In June 1987 she was sworn in on the 4th District Court of Appeal, which includes San Diego. Benke, a former state prosecutor has not advocated the death penalty'. However, at the time of her appoint- ment to the state appellate court, she was quoted as saying, "When you talk about bow you feel about the death penalty as a judge, the question is will you enforce it? And, absolutely: there isn't any question that it is to me a very enforceable law. "Personally, if you're asking me if I've ever s n a case wbere I th?ught the death penalty was appro- priate, once agam I would say abso- lutely." Benke's first job as an attorney was in the state attorney general's office in San Diego, where she was an appellate lawyer specializing in criminal matters.

San Diego, CA (San Diego Co.) Da ily Transcript (Cir. D. 10,000) DEC 22 198

San Diego, CA (San Diego Co.I Evening Tribune (Cir. 0. 123,064) DEC21 1988

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~e state ;upreme Court has ordered the appellate court to hear USD's Center for Public Interest Law's case challenging the FPPC's interpretation of Props. 68 and 73. The Fourth District court had earlier di smissed the center's suit against the FPPC and Franchise Tax Board. Those stale agencies ruled that Prop. 73 - banning use of public funds for state political campaigns - prohibits Prop. 68's fund created by contributions made through a tax form checkoff. The center maintains that the Prop. 68 contributions are voluntary and therefore can't be considered public .

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v ToreE,Os' outside shooting chills out in Montana Tnbun .\laf~et ,, "Offensively, we were intimidated seconds remammg m the firs~ half. when he scored a career-high 26

pomts. Means was 7-for-10 from three-point range and 9-for-13 for the Last mght Means was the coldest of the cold. He missed all seven of bis tbree-pomt attempts. and shot ~-for· 11 overall ~o f1msh with four points. Montana s K.C. McGowen was as hot as Mea~s was cold. McGowen, a 6-foot-5 semor forward, scored a ca- :eer-high 25 points on 9-for-12 ~hoot- mg._He made ~-of-5 three-po1~t~rs. Semor Wayne Tmkle, t~e Gnzzhes 6- 10 center, had 15 pomts and John game. . '.'f~ey ran their offense extrem~ly efflc1ently a~d ':e h~d troubl~, with R~kard added lL

Dottm, who scored a team-high 22 points, t?en had two layups to cut Montan~ s l.ead to 36-27 at _the half. USO Junior guard Craig Cottrell added 15 poi!1ts and freshman guard Wayman Strickland had 13. Montana opene? the second half with four tb~ee-pomters en_ r?ute to a 48-38 lead with 15:26 remammg. USO cut the lead to 55-50, which only seemed to infuriate the Grizzlies. b_y _as many as 23 pomts before USD fm1sh~d .out the contest with the games fmal eight pomts. USD semor guard Danny Means may _have though~ he had ended a s~oot,mg slu~p m last Saturday mght s 86-66 wm over Seattle Pac1f1c

inside by their big people," said USO coach Hank Egan, ~hose team was outrebounded 39-29. We played good in stretches, but we weren't sustain• mg anything. With our young people, we've had good games and bad games This was one of our bad USD (4-3) trailed 7-0 in the opening minutes before freshman forward Gylan Dottin led a 10-2 run with 9 lead with 14:43 remaining in the first half. It would be USD's only lead Montana (6-4) responded with an 11-2 run over the next three minutes for a 20-12 lead. The Grizzlies im- proved their lead to 36-23 with 51 games." of the game.

It was too cold to go outside yes- terday in Missoula, Mont, so!,he USO ba ketball team stayed warm mside

its hotel.

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Very cold. But where USD was cold,

The result was an 80-65 Montana win over USO before a crowd of USD shot just 18 percent (3-for-16) thre -point range last night wb1le Montana was making 57 per- cent (8-lor-141 of its three-point at• tempts The Toreros fared better in- side, where they made 51 percent (23· for-45), but they couldn't get inside often enough again t the Grizzlies. from 5,637.

La Jolla, CA (San Diego Co.} La Jolla Light (Cir. W. 9,336) DEC 22 1988

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committee for L.A. Philharmonic plans 1unch, lecture :J-1 ~ The San Diego County Com- 467; and Sibelius Symphony No. mittee for the Los Angeles 1. Emanuel Ax will be featured at Philharmonic Orchestra will meet the piano . at 11 a.m., Jan. 5, at the La Jolla Beach and Tennis Club.

The County Comm itt ee donates concert tickets each year to the various college music departments to be given to aspir- ing and deserving students. Luncheon tickets for the lec- ture by Dr. Koler, are $13.50. For more information , call 459-5819.

Dr. Henry Kolcr, professor of music at University of San Diego will lecture. His subject will be the Jan. 7 Philharmonic concert. At the concert, Heiichiro Ohyama will conduct Barber Essay No. I for Orchestra; Mozart Piano Conct>rto in C.K.