News Scrapbook 1988

Est. t 8&8

8

/ USD trying not to feed the bears in Monta -- ,.....-- d t 10 2 •·we've got to make sure the period we're doing Tribune Scalf Re rt :, ar a . . . ,, po ;)._ Cf 5 h b. ta k USD hosted Montana la t season and beat the our JOb well become longer and longer said The USD's men's bas~etball team. as a ig s_ . . Egan. tonigtlf Namely, stoppmg Wayne Tmkle, the Um- Gnzzhes 67 · 62 · d d . . 1 on Tinkle The Toreros' next home game is Dec. 28 agamst versity of Montana's 6-foot-10 forward. While Montana epen s pnmar1 y up ' . . f N th T The Toreros will take a 4-2 record into t~e no_n- the Toreros fea~ure _a balanced _attack. Fou_r start- the University O or • •ex;s. conference game against the 5-4 Grizzlies _m Mis- ers are a~eragmg 1~ double ! 1gures. Ju_mor for- USIU - U.S. International University last mght soula. Tinkle, a senior, is leading Montana m scor- ~ard Craig Cottrell is averagmg 12 · 3 poi~ts. Send ended a 10-game, 21-day road trip with a 94 89 win ing (15.3) and rebounding (8.3). ior guaTd ~anny Means a nd fr~shma~ orwar over Coppin State in Baltimore. "He's one of the best big men in the West," USD Gylan Dottin average 11 - 5· Bell is scoring lO 8 a USIU led 47-46 at halftime and the second half head coach Hank Egan said of Tinkle. "He can game. . . h' h 26 . ts . was a seesaw affair. After a' three-week shooting score inside and outside." . . Means is ,coming ~ff a care~r- ig pom . m slump, including trouble from the free-throw line Egan said the task of stopping Tinkle w~ll not the Toreros 86-66 victory against Se~ttle Pacific that cost them two games, the Gulls got a one and- fall strictly upon 6-9 sophomore center Do~d1 Bell. o_n Saturday. He was 6-of- 8 on th ree-1::n~~ sh;ts.tt~ one from Steve Smith with six seconds left to "We've got to get inside help without g1vmg up first half a nd at one point core s raig ensure the win against 3-3 Coppin State. ev~1~t:t 0 ':t~:•"i!a~~!~~\ff a 57-51 loss at po~~n said one thing he'sdhoping to actchom'tlish in 4 }:!e~:t{s;;~op~;n~;!~::!~ g~ld!~dHa;i~~; Crei hton on Saturday, has just one other player the team's next two ro~ games - . e oreros , ./ aver!ging in double figures - forward John Reck- visit Nevada-Reno on Friday - 1 consistency. 28. / .

blP~n d tw eiz: ~ling, the justices have o proVJS10ns from taking effect One would require carriers to roll back rate~ for most forms of property-casualty insurance to Nov. 8, 1987, levels, and then cut the rates by 20 pe~ent. 1:!Jc second would require insurers t<, no~ policyholders of their ability to join a pnvate, no~-profit corporation that would ad- vocate for insurance consumers But the court allowed the bulk ~f Proposition 103. to take effect, including the repeal of the antitrust exemption . While it. waits.for the high court' ruling, the mdustry lS taking a cautious approach with regard to ~e repeal provisions. Companies and other ~dustry organizations have taken steps to avoid any actions that could be con- strued as antitrust violations. A principal industry organization, the Jnsur- 3;DCe SeJ'Vlce~ ~ffice, has suspended its prac- tic~ of providing data on estimated future clai~s lo~scs lo California personal and com- me~ ~e carriers, said David Ostwald ISO s y1c~ president for corporal~ commurucations. Price Fixing Lawyers an~ ~onsumer advocates generally such a~tivity would violate antitrust pro- hib1~0J?,S agamst price fixing. It lS m the price-fixing area of antitrust law that expe~ generally agree Proposition 103 co~d have 1ts greatest impact. _Thf: only change in t nns of broad public policy that concerted activities of insurance com,f~es that go beyond boycott are now ille- gal, ~d Gary L. Fontana, an antitrust law- yer ~th the San Francisco firm of Thelen M~, Jo~son & Bridges. ' Price fixing would be the primary potential legal problem for insurers, he added Both sll;lte and fed~ral laws that provide in- sure~ with an antitrust exemption - the McBndc Grunsky Act and McCarran-Fergu- so~ Act, respectively - generally allow pn·ce- fi,,.,~i, ti 'ti Th .ac .vi es. e exemption allows rating organizations such as the ISO to develop data on ~toric claims losses, "trend" the data to predict future losses, compute expenses and overh~d and th_en issue advisory rates based on the. information. Those rat.es are used by many msurers. See Page 221 ANTITRUST o e pa~ m raong oureaus JJ..Ke uie 1;:,u 1or rear o1 antitrust lawsuits. ' tn!n~ustrr lawyers say if ISO loses its ability to n claims !oss data, the repeal of the anti- trust ex~mption could be counterproductive ~use 1t_would hurt small carriers and com- panies trying to enter California . "The argume?t ~ould be made that elimina- tion of the partial unmunity could its If ha an anti titi . e ve ~mpe ve unpact," said Balbanian He ~lained the sharing of ISO-type data es: ~y benefits small insurers and prospec- tive market entrants, who do not have the resources or experience to predict losses accu- rately and set rates profitably '.'The little guy does need~ kind of stuff" srud Fontana. "A new ~ntry has to have it. it has no other way to pnce its product.,, Stt1.UJ?-wasser had a frank response to th t co~t.ention: "Baloney." a The only thing small or large . need is pooled histo ·ca1 da " comparues n ta. Strumwasser argued that small companies with limited ~urces could contract with actuaries to tre:i historical claims loss data and develop rates J. Robert Hunter an actuary d 'd · ofthe National Ins ' C an pres1 ent . urance onsumer Organiza- tio'!, was even more emphatic in rejecting th ?otion that Proposition 103 would hurt smal~ msurers and new market entrants. Higher Penalties "That's bull," he said. "I can teach you in ~wdo hours how to do trending and loss JU gment." ISO's Ostwald indicated the question of

1 Antitrust Haven Sparks Debate ~he~er ~e init!ative will impair the or aniza- ti_on.s ability to issue advisory rates in ~alifor- ma moot. He noted that ISO stopped issuing advis?ry rates for auto and homeowner insur- a~ce t~ 1977 ~nd ended the service for commer- cial hnes in 1987 pursuant to a stat Depa~ment _of Insurance directive. e on;?', two companies colluded to boycott " .. till! Balbanian said, "there's like! 'to be htrgabon testing the outer limits of Pro:os 'f 103 and what is permitted.,, I ion

. ~other.area ofp(lt.!ntial litigation if Pro o- ~on 1_03 is upheld is alleged agreements be- een insurers to allocate territories Under such supposed arrangements co~panies a~ee to sell only in particular m~kets and not to ~trud~ on e~ch other's turf. Fel!meth called sue activity a form of price fixing." Strumwasser agreed tenitorial allocation could b~ !1 potential problem for insurers under Propos1t10!1 _103. He noted the initiative's anti- ~~t. provision would not make it illegal for mdindual companies to decide "this is an area :,vc lfant to serve, and we won't provide service m another area." I Balb~an discounted the possibility that ~os1_tion 103 might increase litigation over e tonal allocation. "That has always been actltnablc u~der the boy?ott rubric," he said. thA:nal subJ~ct ofpotential litigation now that . e surance mdustry's state antitrust ~emp- 1 hon has been repealed is tie-in arrangements / acOJrding to Strumwasser. ' Under such arrangements _ which are gen- erally barred under federal and state antitrust law, - companies condition the provision of one type of insurance on the client's buying other cov:e~age. For e?'ample, an insurer might linkpr~VIs1on ofauto insurance to a customer's ~omm1tment to also buy homeowners msurance. . The ~heory behind the prohibition against tie- ms, said Strumwasser, is that "if you have a product in which you have market power you s!t?UI~ not use that power to (decrease) co~pe- t1tJon m an ancillary market/ 7

The San DI go Vm n Jerry Rife St v Pllllng work with tutor Catherine Gomez Plata oo improving his reading at the Carson Adult Learning Center. L·te acy: Adults lea nit's never too late

~n dis~ussmg Proposition l03's impact on pnce fixing, .S~i:un:iwasser pointed to another eff~ct of th_e m1!1at1ve: increased penalties for antitrust violations. Un_de~ the state Insurance Code, sanctions arc limited to fines, which many experts con- ~re too. small to deter anti-competitive . e aVIo~ by msurers. "Any price fixing worth Sts salt lS good business (in California)," said _trumwasser. Because of the limited sanc- tions, he add_e~,.''California ha effectively had no law proh1~1ting price fixing ." . But rcmo~ng the industry's partial exemp- tJOn from antitrust laws will subject caniers to h:bl~ damag~, a!torney fees and possible cnmmal pen~lt1es if they are found guilty of concerted actions that restrain trade. Boycott Activity "Yhether Pr_oposition 103 will increase insur- _vu.Inera~1hty !O suits alleging boycott ac- tiVJties also is an issue of contention Insuranc~ industry lawyers note boycotts al- ready are illegal under both the McCarran- (i't~son Act and the unfair practices section ' e sta te ~~urance Code. Thus, they con- tend, _Proposition 103 will have little or no im- ?act m that area of antitrust law. ,. B~t Co~sumers Union's Lipson said the ini· ,1ative will make it easier to sue insurers for illleged boycott activities. She argued the Mcsarran-Ferguson Act requires boycotts to ~- a~solute and total" and bars successful Jhgatio~ based on the actions of smaller mun- lers of msurers in a particular market And Fellmeth said both McCarran-Ferguson llld the state Insurance Code also requires th >oycott to be coercive. Neither, he added, "ad~ iresses voluntary collusion.,, Popofsky said Propos tion 103 "arguably" :o~d ~ake it easier to file boycott suits igamst msurers. But he added "I don't Im ffr :mrone _being boycotted in Californi:.'::' amtiffs will have a hard time winning boy hcott ':3Ses "with or without Proposition 103 ,; e said. ' a ~~btianian rejected the comments on boycott c..1vi es.made by Fellmeth and Lipson. ~Y ~d of concerted activity is illegal ., he srud. You could have (a cause for action) 'if

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. "I was disgusted, hurt and fed up, so put it out of my mind," she said. Through the years, LaPage found ways to compen ate 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 hlS job as building up LaPage's confidence. She is a pretty good reader, he adds, but is weak in spelling because she con- fuses vowel and consonant sounds. Gross, 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 said he plans to work with LaPage for a long as it takes her to get her GED. That 1s her goal he said, and so he has made it his.

and o for.something that pay more money, maybe get mto computer ." LaPage I not ure why didn't 1 arn the ba cs of reading and •,11rit- ing durmg b r 11 ½ years of public education. ln retro peel, he aid, 1t could have been any number of thmg Her father was in the Navy and the rograms unty 1·sted College, 1 Barnard Dnve, Ocean 1de, 757-2121, Ext. 264 'altonal City Public Library ProJCCt 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 Count Library Adult I.it c1cy ervices 5555 Overland Ave., Bldg. 15. San Diego. 694-3995 or 1-800-231-0959 San Diego Public Library READ- San Diego, 1535 Euchd Ave, Suite C, San Diego, 263-0681. Also use this phone number to mquire about the Carson Adult Learning Center in Linda Vista Time to Read Southwestern Cable TY, 8949 War Ct 695-3110. ira o

Adult Ii era y offered in H re 1s a h ting of other adult li- teracy program in San Diego Coun- ty; Altru a Club of Chula Vista, Altru- sa Literacy Team, 210 Landis Ave., Chula Vi ta. 422-4145.

Carlsbad City Library, Adult Learning Program, 1207 Elm Ave., uite 0, Carlsbad 729-3690. Chula V1 ta Literacy Team, 210 _ -n,_..;,;.'i::-f:...;;,;..,;;;:.::...- Land1s Ave., Chula Vi ta, 425-4784.

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San Diego, CA (San Diego Co.) Evening Tribune (Cir. 0. 123,064) DEC ? 01988 P. C. 8

Downtown YMCA Open Book Reading Program, 500 W Broadway, u1te B, 'an Diego. 232 7451 Lauback Literacy Council of San Diego County Inc., P.O Box 341, En- cimta , 942-4945 Literacy Volunteers of America- San Diego, 2893 University Ave., San Diego, 692-9633

far. I 888

San Diegan eyed for 0~ i cofrt Governor lists candidates· , Judge Benke one of four From Tribune Wire aod 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 his plans to leave the court March 1 and return to Orange County. The cour~'s only Hispanic, Arguelles was appo1~ted_ in 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_ng of death-penalty appeals. Besides Benke, the others being considered for the vacancy are H. ~alter 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 s~rpmeJ few m legal and judicial c1r~!es, because she has been a Deuk- f!leJ1~n favorite for years and was a finalist for the state's high court in February 1987. She graduated from • University o(Sa~ Diego !&w School in , s appointed a Municipal Court judge in 1983 and became a Superior Court Judge two years later. In June 1987 she was sworn in on the 4th District C?urt of Appeal, which includes San Diego. Benke, a former state prosecutor bas not advocate~ the death penalty'. However, at the tune of her appoint- ment to the state appellate court she was quoted as saying, "When you'talk _about how you feel about the death IM:nalty as a judge, the question is, will Y?U ~nforce it? ~nd, absolutely, there isn t any question that it is to me a very enforceable law. , "Personally, if you're asking me if Ive ever seen ,a case wbere I th?ught thP death penalty was appro- priate, once again I would say abso- lutely." Be~ke's first job as an attorney was 1~ the state attorney general's office m San Diego, where she was an a~pe~late lawyer specializing in cnmmal matters.

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

San Diego, CA (San Diego Co.) 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 dismissed the center's suit against the FPPC and Franchise Tax Board. Those state 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 Torer.ps' outside shooting chills out in Montana Tribune Stal~ rt "Offensively, we were intimidated seconds remaining m the first half. when he scored a career-high 26

Dottin, who scored a team-high 22 points, then had two layups to cut Montana's lead to 36-27 at the half. USD junior guard Craig Cottrell added 15 points and freshman guard Wayman Strickland had 13. Montana opened the second half with four three-pointers en route to a 48-38 lead with 15:26 remaining. USD cut the lead to 55-50, which only seemed to infuriate the Grizzlies. Montana went on a 19-4 run and led by as many as 23 points before USD finished out the contest with the USO senior guard Danny Means may have thought he had ended a game's final eight points.

pomts. Means was 7-for-10 from three-point range and 9-for-13 for the Last night Means was the coldest of the cold. He missed all seven of his three-point attempts and shot 2-for- 11 overall to finish with four points. Montana's K.C. McGowen was as hot as Means was cold. McGowen, a 6-foot-5 senior forward, scored a ca- reer-high 25 points on 9-for-12 shoot- ing. He made 4-of-5 three-pointers. Senior Wayne Tinkle, the Grizzlies' 6- 10 center, had 15 points and John "They ran their offense extremely efficiently and we had trouble with their screening," said Egan. "They shot the ball awfully well." game. Reckard added 11.

inside by their big people," said USO coach Hank Egan, whose team was in stretches, but we weren't sustain- ing 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 eight points to give the Toreros a 10- 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 wa. too cold to go outside yes- terday in Missoula, Mont so the USD

ba ketball team stayed warm 1~ outrebounded 39-29. •·we played good

its hotel.

me ilgainst Mon- ere cold outside.

In last mght' · lana, the Torero

Very cold. But where USD was cold,

Montana was hot.

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

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

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last Saturday

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night's 86-66 win over Seattle Pacific

~~unty committee for L.A. Philharmonic plans 1unch, lecture :J-1~ _The San Diego County Com- 467; and Sibelius Symphony No. m1~tee 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 Committee 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 m_usic at Univers,ty 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 Concerto in C.K:

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