text:
It becomes possible to provide ammonia-containing hair bleaches or hairdyes which are highly safe and cause less hair damage, skin inflammation and irritation, and have no or reduced irritating odor of ammonia, and a method for bleaching or dyeing hair with the use of the hair bleaches or hairdyes by decreasing an average diameter of emulsified particles of emulsified compositions of ammonia-containing hair bleaches or hairdyes enough to reduce an irritating odor of ammonia.
The present invention is intended to provide an emulsified composition for an ammonia-containing hair bleach or hairdye, which is highly safe and causes less hair damage, skin inflammation and irritation, and has no or reduced irritating odor of ammonia, and a method for bleaching or dyeing hair with the use of the emulsified composition.
Emulsified compositions of ammonia-containing oxidative hair bleaches or hairdyes are usually employed in two-pack type, however, there are one-pack and three-pack types other than two-pack type.
They are comprised of an agent containing alkaline chemicals only or alkaline chemicals and dyes as main components (hereinafter also referred to as the first agent) and an agent containing an oxidant such as hydrogen peroxide as a main component (hereinafter also referred to as the second agent). The two agents are mixed when used for treating hair, and hair bleach or hairdye is conducted.
Hairdyes of one-pack type contain alkaline chemicals and dyes only. They do not contain oxidants, and natural oxidation is occurred in the air.
Powders of persulfate (oxidant), carbonate (alkaline chemical) or the like are added to hair bleaches or hairdyes of two-pack type. In other words, an agent containing alkaline chemicals only or alkaline chemicals and dyes, an agent containing hydrogen peroxide, and an agent containing persulfate or the like are mixed just before the treatment and used.
Examples of alkaline chemicals contained in the aforementioned agents of one-, two- or three-pack type include ammonia, ethanolamine, carbonate, etc., however, ethanolamine tends to leave its residues and has defects that it causes hair damage and skin irritation, and carbonate has defects that it is not very effective in improving the ability of hydrogen peroxide to bleach or dye hair, and therefore, it cannot make hair color very bright. In contrast, ammonia is highly safe because it is not left on hair or scalp, and does not possibly cause hair damage and skin irritation and further, it has a property to improve the ability of hydrogen peroxide to bleach or dye hair sufficiently, therefore, it is used most commonly. However, ammonia has a serious defect: it emits a characteristic irritating odor when treatments are conducted, and particularly when making hair much brighter, because of the necessity to blend a larger amount of ammonia, a strong irritating odor is emitted and causes discomfort. When a blended amount of ammonia is simply reduced to overcome this defect, bleaching or dyeing performance (hereinafter also referred to as basic performance) is significantly decreased. Consequently, it is an important object to reduce an ammonia odor without decreasing the blended amount of ammonia when possible, while maintaining the basic performance.
As related art for attaining the above-mentioned object, for example, the following means <1> to <4> are suggested (FRAGRANCE JOURNAL 2001-8).
<1> Volatilization of Ammonia is Suppressed by Controlling its Form.
For example, volatilization of ammonia is suppressed by preparing an O/W emulsified substance whose oil phase has a liquid crystal structure of surfactant/water, and confining ammonia into water of a liquid crystal phase of the substance, and both the reduction of ammonia and the maintenance of the basic performance are satisfied.
<2> Volatilization of Ammonia is Suppressed or Ammonia Odor is Reduced by Regulating pH.
For example, by making a buffer system of ammonia/ammonium bicarbonate or ammonium carbonate, ammonia odor is reduced in comparison to the case of ammonia only, and the basic performance is maintained.
<3> An Amount of Ammonia is Reduced by Promoting Degradation of Hydrogen Peroxide Significantly with the Use of a Catalyst, etc.
<4> An Alkaline Chemical Other than Ammonia Having no Irritating Odor is Penetrated Into Hair Efficiently.
As related art for attaining the above-mentioned object, the followings are exemplified in addition to the aforementioned document.
The followings are compositions aimed at decrease of blended amount of ammonia.
A hair bleach composition of two-pack type comprising the first agent containing monoisopropanolamine and quarternary ammonium salt of fatty acid, and the second agent containing an oxidant, an oxidative hairdye composition of two-pack type comprising the first agent containing monoisopropanolamine, quarternary ammonium salt of fatty acid and an oxidative dye, and the second agent containing an oxidant (Japanese Laid-Open Patent Application No. 2001-122743), and a hairdye composition of two-pack type comprising the first agent containing light isoparaffin and quarternary ammonium salt of fatty acid, and the second agent containing an oxidant (Japanese Laid-Open Patent Application No. 2001-114657).
The followings are compositions aimed at substitution of ammonia.
A hairdye composition of two-pack type comprising the first agent containing light isoparaffin, and the second agent containing an oxidant (Japanese Laid-Open Patent Application No. 2001-2538), a hair bleach composition of two-pack type comprising the first agent containing monoisopropanolamine and quarternary ammonium salt of fatty acid, and the second agent containing an oxidant (Japanese Laid-Open Patent Application No. 2001-122743), a hairdye composition wherein ammonia water and isopropanolamine are blended with a particular weight ratio (Japanese Laid-Open Patent Application No. 2001-288053), a hairdye composition of two-pack type comprising the first agent containing monoisopropanolamine and at least one kind of alkyl glucosides, and the second agent containing an oxidant (Japanese Laid-Open Patent Application No. 2000-264822), a hairdye composition wherein ammonia water and alkali metal carbonate are blended with a particular weight ratio (Japanese Laid-Open Patent Application No. 2001-328926), and a hairdye composition wherein monoethanolamine and ammonia are blended with a particular weight ratio (Japanese Laid-Open Patent Application No. 10-45547).
The followings are exemplified as a substance which reduces an irritating odor of alkaline chemicals such as ammonia by masking, etc.
A hair cosmetic containing a fragrant component including cis-3-hexenol, a component selected from ammonia, monoethanolamine and aromatic alcohol-based penetration promoter (Japanese Laid-Open Patent Application No. 2002-97122), and a hair treatment composition which comprises an alkaline chemical and a particular aromatic alcohol, and is mixed with an oxidant when used (Japanese Laid-Open Patent Application No. 11-29443).
The present inventor has conducted keen study to attain the above-mentioned object in an emulsified composition for an ammonia-containing oxidative hair bleach or hairdye and a method for bleaching or dyeing hair with the use of the emulsified composition with reduced irritating odor of ammonia. As a result, it has been found that the object, the reduction of irritating odor of ammonia, can be attained in an emulsified composition for a hair bleach or hairdye which contains ammonia as a main component by adopting means for decreasing a diameter of emulsified particles of the emulsified composition, which is the means based on a technical thought completely different from that of the above-mentioned prior art, and thus the present inventor has reached the present invention. In other words, the present inventor has found that it is possible to reduce an irritating odor of ammonia significantly by decreasing an average diameter of emulsified particles of an ammonia-containing emulsified composition for dyeing or bleaching hair (hereinafter referred to as the first agent), which is usually about 50 μm, preferably to 13 μm or less, and particularly to 10 μm or less, and the present inventor has reached the present invention.
In the present invention, the above-mentioned expression “to reduce an irritating odor of ammonia significantly” means that though an irritating odor of the emulsified composition of the first agent mentioned above increases in proportion to the increase of blended amount of ammonia, the decrease of an average diameter of emulsified particles of the composition exhibits a significant effect for reducing the irritating odor of ammonia in comparison with conventionally known ammonia-containing emulsified compositions when the same amount of ammonia is blended. Therefore, it becomes possible to reduce an irritating odor of ammonia in comparison with conventionally known ammonia-containing emulsified compositions when the same amount of ammonia is blended, and to use an amount of ammonia required to achieve the basic performance sufficiently while reducing its irritating odor.
Further, in the present invention, the reduction of an irritating odor of ammonia means that an irritating odor of ammonia is reduced to the degree that persons who treat hair or persons who have their hair treated do not smell an irritating odor of ammonia or slightly smell an ammonia odor when the first agent of the present invention is used for dyeing or bleaching hair.
The present invention will be described more specifically with embodiments of the present invention, but the present invention is not limited to the following embodiments.
As the first agent mentioned above used in the present invention, commercially available emulsified compositions of ammonia-containing hair bleaches or hairdyes are exemplified, and 28% ammonia water of about 3 to 15 wt %, usually about 6 to 8 wt %, is used in the emulsified compositions. Further, the viscosity of the first agent and an oxidant mixed to the first agent is preferably adjusted to be about 10,000 to 60,000 cps.
The first agents of hairdyes and hair bleaches of the present invention comprise, for example, at least the following (1) to (3).
In the first agent of the present invention, the effect for reducing an irritating odor of ammonia increases in proportion to the decrease of an average diameter of emulsified particles as mentioned above. In addition, in order to reduce an irritating odor of ammonia, it is preferable to decrease an average diameter of emulsified particles in proportion to the increase in an amount of ammonia blended into the first agent. Accordingly, there arises the effect for reducing an irritating odor of ammonia sufficiently when an average diameter of emulsified particles is decreased to about 13 μm, preferably to about 13 μm to 5 nm, as aforementioned. The effect for reducing an irritating odor of ammonia further increases when an average diameter of emulsified particles is decreased preferably to 1 μm or less, for example, to about 1 μm to 5 nm, more preferably to nm order. Therefore, the present invention makes it possible to solve both problems of an irritating odor of ammonia and securing of the basic performance such as bleaching or dyeing performance, compatibly, without adopting means for using substitutes of ammonia, adding a masking agent for an irritating odor of ammonia, or adding a promoter of degradation of hydrogen peroxide, as in the cases of prior art mentioned above.
The above-mentioned average diameter of emulsified particles can be controlled by properly modifying at least one or two or more of requirements, for example, blended composition, blended order, means for stirring or degree of stirring of components which comprise the first agent.
The above-mentioned average diameter of emulsified particles was measured with a laser diffraction particle size analyzer SALD-2000 (Shimadzu) and a submicron particle size analyzer N4S (Coulter) used in the following examples.
The content of ammonia used in the first agent of the present invention is 1 to 30 wt % of the emulsified composition in case where commercially available 28% ammonia aqueous solution is used. When the content of ammonia is less than 1 wt %, a sufficient effect for bleaching or dyeing hair is not obtained, and when the content of ammonia exceeds 30 wt %, possibility of skin irritation and strong irritating odor arise, and severer discomfort is caused.
In addition to ammonia, other alkaline chemicals may be added to the first agent mentioned above. Examples of such alkaline chemicals include monoethanolamine, diethanolamine, triethanolamine, morpholine, ammonium carbonate, ammonium hydrogen carbonate, sodium carbonate, sodium hydrogen carbonate, guanidine hydrogen carbonate. One or more kinds of these alkaline chemicals can be used together with ammonia within a range of 0.1 to 10 wt % of the emulsified composition.
As a surfactant used as an emulsifier of the composition of the first agent, a nonionic surfactant is particularly preferable. It is possible to blend one kind of, or a mixture of two or more kinds of nonionic surfactants into the composition. The blended amount is not particularly limited as long as it is a sufficient amount to obtain fine emulsified particles, however, the blended amount is 0.1 to 50 wt %, preferably 0.1 to 30 wt %, more preferably 0.1 to 10 wt % of the emulsified composition.
As to the amount of the nonionic surfactant used, when the amount is less than 0.1 wt %, sufficient emulsifying ability is not obtained, and it is not economical and may cause a negative influence on dyeing property to blend the amount of the nonionic surfactant exceeding 50 wt %.
As a surfactant, besides the nonionic surfactant, one or more kinds of ionic surfactants selected from anionic, cationic, and amphoteric surfactants can be blended alone, or together with a nonionic surfactant. However, certain kinds and/or blended amounts of anionic, cationic, and amphoteric surfactants may cause a negative influence on the effect for reducing an irritating odor of ammonia, therefore, anionic, cationic, and amphoteric surfactants can be used to the extent that they do not cause a negative influence on the effect for reducing an irritating odor of ammonia, or that the effect for reducing an irritating odor of ammonia, which is the object of the present invention, can be attained. For example, in case where an ionic surfactant is blended alone or together with a nonionic surfactant, a blended amount of the ionic surfactant is preferably 2 wt % or less, although it depends on the kinds of ionic surfactants used. In particular, blending of one or more kinds of ionic surfactants results in better emulsification, nicer touch of hair and easier removal of color of hairdyes attached to scalps when treatments are conducted. In that case, the blended amount of the ionic surfactant mentioned above is 2 wt % or less, preferably 1 wt % or less of the first agent. When the blended amount is 2% or more, there would be difficulty in reducing an irritating odor of ammonia when it is mixed with the second agent as mentioned above, even if diameters of emulsified particles are decreased.
The nonionic surfactants used in the present invention are not particularly limited and known nonionic surfactants conventionally used for hair bleaches and hairdyes can be widely used.
Examples of the nonionic surfactants include polyoxyethylene alkyl ethers such as polyoxyethylene isostearyl ether, polyoxyethylene isocetyl ether, polyoxyethylene oleyl ether, polyoxyethylene oleylcetyl ether, polyoxyethylene stearyl ether, polyoxyethylene cetyl ether, polyoxyethylene cetostearyl ether, polyoxyethylene butyl ether, polyoxyethylene behenyl ether, polyoxyethylene myristyl ether, polyoxyethylene lauryl ether, polyoxyethylene tridecyl ether, polyoxyethylene hexyldecyl ether, polyoxyethylene octyldodecyl ether, polyoxyethylene decylpentadecyl ether, polyoxyethylene decyltetradecyl ether; polyoxy alkylphenyl ethers such as polyoxyethylene octylphenyl ether, polyoxyethylene dinonylphenyl ether, polyoxyethylene nonylphenyl ether; polyoxyethylene polyoxypropylene alkyl ethers such as polyoxyethylene polyoxypropylene stearyl ether, polyoxyethylene polyoxypropylene cetyl ether, polyoxyethylene polyoxypropylene decyltetradecyl ether, polyoxyethylene polyoxypropylene butyl ether, polyoxyethylene polyoxypropylene lauryl ether; polyvalent alcohol fatty acid esters such as propylene glycol monostearate; glycerin fatty acid esters such as glyceryl monomyristate; polyglycerin fatty acid esters such as decaglyceryl monolaurate; sorbitan fatty acid esters such as sorbitan monopalmitate; polyoxyethylene glycerin fatty acid esters such as polyoxyethylene glyceril monostearate; polyoxyethylene sorbitan fatty acid esters such as polyoxyethylene sorbitan trioleate; polyoxyethylene sorbit fatty acid esters such as polyoxyethylene sorbit tetraoleate; polyoxyethylene glycol fatty acid esters such as polyoxyethylene glycol monostearate; alkyl alkanol amides such as coconut fatty acid diethanol amide; polyoxyethylene hydrogenated castor oil; polyoxyethylene lanolin; polyoxyethylene cholesterol; polyoxyethylene phytosterol; polyoxyethylene cholestanol; polyoxyethylene phytostanol.
The ionic surfactants used in the present invention are not particularly limited either, and anionic, cationic, and amphoteric surfactants conventionally used for dyeing or bleaching hair can be properly used.
Examples of anionic surfactants include fatty acid soap, alkyl ether carboxylate, fatty acid amide ether carboxylate, acyl lactate, N-acyl glutamate, N-acyl alanate, N-acyl sarcosinate, N-acyl-ω-amino-acid salt, alkane sulfonate, α-olefin sulfonate, α-sulfofatty acid methyl ester salt, acyl isethionate, alkyl glycidyl ether sulfonate, alkyl sulfosuccinate, alkyl sulfoacetate, alkyl benzene sulfonate, alkyl naphthalene sulfonate, N-acyl methyl taurate, formalin-condensed sulfonate, alkyl sulfate, polyoxyethylene alkyl ether sulfate, alkyl aryl ether sulfate, fatty acid alkanol amide sulfate, fatty acid monoglyceride sulfate, alkyl phosphate, polyoxyethylene alkyl ether phosphate, alkyl aryl ether phosphate, and fatty acid amide ether phosphate.
Examples of cationic surfactants include quaternary ammonium salts such as stearyl chloride trimethyl ammonium, cetyl chloride trimethyl ammonium, alkyl chloride trimethyl ammonium, distearyl chloride dimethyl ammonium; fatty acid amide amine salt; alkyl trialkylene glycol ammonium salt; benzalkonium salt; benzethonium salt; pyridium salt; imidazolinium salt.
Examples of amphoteric surfactants include those of glycine type, aminopropionic acid type, alkylbetaine type, alkyl amide betaine type, imidazoline type, amine oxide type, sulfobetaine type, sulfonic acid type, sulfuric acid type, and phosphoric acid type.
As the forms of emulsified substances of the first agent mentioned above, O/W emulsions or W/O emulsions are exemplified, however, combined emulsions in which O/W emulsions or W/O emulsions are dispersed in water are more preferable.
An oleum can be added to the first agent of the present invention. Examples of such oleum include higher alcohols such as behenyl alcohol, stearyl alcohol, cetostearyl alcohol, cetanol, lauryl alcohol; oils such as avocado oil, olive oil, macadamia nut oil, castor oil; hydrocarbons such as liquid paraffin, squalene, microcrystalline wax; higher fatty acids such as lauric acid, myristic acid, stearic acid; esters such as isopropyl myristate, isostearyl isostearate, myristyl lactate.
It is possible to blend one kind of, or a mixture of two or more kinds of the olea mentioned above, and blended amount is 0.1 to 30 wt %, preferably 0.5 to 20 wt % of the emulsified composition.
An oxidization dye is blended into compositions of the first agent for dyeing hair of the present invention. Specific examples of the dye include phenylenediamines, aminophenols, toluilenediamines, aminonitrophenols, diphenylamines, diaminodiphenylamines, N-phenylphenylenediamines, aminopyridines and salts thereof. In addition to them, couplers such as resorcin, pyrogallol, catechol, metaminophenol, metaphenylenediamine, can be blended. Further, substances listed in “The Japanese Standards for Quasi-Drug Ingredients” (The Yakuji Nippo Limited, issued June, 1991) are also specific examples of the oxidization dye and the coupler, and can be used. It is possible to use one kind of, or a combination of two or more kinds of these oxidization dyes and couplers respectively, and blended amount is not particularly limited but is preferably 0.01 to 20 wt %, particularly preferably 0.1 to 10 wt % of the emulsified composition.
Besides the components mentioned above, other optional components usually used in the cosmetic field can be blended into the first agent of the present invention to the extent that they do not interfere with the effect of the present invention. Examples of these optional components include moisturizers such as glycerin, propyleneglycol, polyethyleneglycol; stabilizers such as sulfite, ascorbic acid, thioglycollate, cysteine, edetate; conditioners such as cationized cellulose, cationized guar gum, cationized polymer, cationized resin; silicones such as methyl polysiloxane, polyether modified silicone, amino modified silicone; hair protectants such as protein, polypeptide, amino acid; thickeners such as carboxyethyl cellulose, xanthan gum; UV-radiation absorbents; preservatives; pearl brighteners; penetrants; humectants; pilatory agents; colorants; flavors.
The forms of the first agent of the present invention are not particularly limited, and as long as the agent is an emulsified composition, various forms such as cream, emulsion, aerosol foam, mist, spray, can be employed.
The first agent of the present invention can be produced by an ordinary method, however, regarding the mixing and stirring of each component, each component is gradually added and the resulting mixture is stirred enough to be a minute emulsified substance.
The first agent of the present invention is mixed with the second agent containing an oxidant such as hydrogen peroxide, and used to treat hair. This mixing of the first and the second agents is usually conducted just before the treatment.
Examples of the oxidant used as the second agent include hydrogen peroxide and urea peroxide, and the concentration in use depends on the brightness of hair required. For example, hydrogen peroxide is used usually at a concentration of about 0.5 to 15 wt %, more preferably, about 0.5 to 12 wt %. Further, stabilizers such as phenacetin and edetate, surfactants, oils and fats, hydrocarbons, higher alcohols, higher fatty acids, esters, conditioners, hair protectants, thickeners, acids, pH regulators, flavors, colorants, etc., can be blended properly into the second agent, in addition to oxidants.
The forms of the second agent are not particularly limited, and for example, forms such as liquid, emulsion, cream, gel, aerosol foam, mist, spray, can be employed, but it is preferable that the form of the second agent is the same as that of the first agent.
In case where the second agent is used as an emulsified composition in a same manner as in the case where the first agent is used, a nonionic surfactant is preferable as a surfactant, and from the viewpoint of the reduction of an irritating odor of ammonia, as in the case of the first agent, the effect becomes prominent in proportion to the decrease of an average diameter of emulsified particles. In addition, it is preferable that the first and the second agents mentioned above have a same degree of physical properties, in particular, a same degree of viscosity. It is particularly preferable that the first and the second agents have the same form, and a same degree of viscosity wherein dripping is prevented on hair.
The use of the first and the second agents having a same degree of viscosity provides not only easier mixing of these agents, but also complete solution to problems such as dripping of emulsified compositions or difficulty in treatment due to the hardness of the compositions, because the viscosity is constant even though these agents are mixed with an optional combination and/or an optional ratio. Therefore, persons who treat hair can mix the first and the second agents easily at a ratio of their own choice, and can change the brightness and color tone of hair freely. For example, by increasing the mixing ratio of the second agent to enhance oxidizing ability, stronger bleach is conducted. In case of hair bleach, original hair color is removed more strongly, and in case of hairdye, it becomes possible to dye hair a brighter color tone.
As the first and the second agents having substantially the same viscosity which prevents dripping on hair, a creamy agent of about 10,000 to 60,000 cps is preferable, and of about 20,000 to 45,000 cps is more preferable. In the present invention, “the viscosities of the first and the second agents are substantially the same” does not mean that the viscosities of both agents are exactly the same. The viscosities of the first and the second agents are regarded as substantially the same if persons who treat hair can mix the first and the second agents easily at a ratio of their own choice, and can change the brightness and color tone of hair freely, as mentioned above, even though there is a difference in the viscosities of the first and the second agents.
In the aforementioned embodiments of the present invention, hair bleaches and hairdyes are described with reference to two-pack type which uses the first and the second agents mentioned above, however, even in case of one- or three-pack type, in case where an ammonia-containing emulsified composition is used, an ammonia odor can be reduced by decreasing diameters of emulsified particles of the emulsified composition.
Also in three-pack type, in particular, when an agent containing an oxidant is an emulsified composition, the effect for reducing an ammonia odor can be increased in proportion to the decrease of diameters of emulsified particles of the agent.
It is possible to bleach or dye hair with the use of the ammonia-containing emulsified composition mentioned above. In one-pack type, an amount of the composition used for one treatment is put into a cup and used for the treatment by an ordinary method. In two- and three-pack types, equal amounts of the first agent containing ammonia used for one treatment and the second agent containing an oxidant are put into a cup, and a powder composition, the third agent, is added in three-pack type, and the mixture is stirred with a brush, and used for the treatment by an ordinary method.
As for a treating method which further increases the effect of the present invention, in case of two- and three-pack types, it is preferable to make the first agent containing ammonia and the second agent containing an oxidant have a same degree of physical properties, particularly viscosity, and to use them for treatments. As aforementioned, the use of the first and the second agents having a same degree of viscosity can provide not only an easy and uniform mixing of these agents, but also an optional setting of a mixing ratio of the first and the second agent at the time of treatment, and as a result, an optional color tone can be obtained. In this case, it is preferable that the viscosity of the emulsified composition is 10,000 to 60,000 cps.
The present invention will be described more specifically with best modes of carrying out the invention, but the present invention is not limited to these modes. In the followings, average diameters of emulsified particles of the first agents prepared in examples were measured, the first agents were mixed with the second agents in reference examples, and evaluation was conducted according to the evaluation method mentioned below. The results are shown in Table 3.
Emulsified hairdye compositions were properly diluted with purified water, and the average particle diameters of the diluted solutions were measuredwith a laser diffraction particle size analyzer SALD-2000 (Shimadzu) and a submicron particle size analyzer N4S (Coulter).
10 g of emulsified hairdye composition and 10 g of the second agent were put into a cup, stirred with a brush, and used as a sample. In each example, 20 monitors were divided into 5 groups of 4 persons, and fresh samples were prepared for each group. Each monitor further stirred the sample with a brush one or two times on evaluation, and smelled the sample. Sensory evaluation was conducted according to the following standards.
⊚: indicates that almost no irritating odor is sensed.
◯: indicates that it has a faint irritating odor.
Δ: indicates that it has a considerable irritating odor.
X: indicates that it has an overpowering irritating odor.
Emulsified hairdye composition and the second agent were put into a cup at a ratio of 1:1, and the mixture was stirred with a brush and applied to a tuft of human black hair. The tuft of human black hair was left for 30 minutes at room temperature, and then shampooed, rinsed and dried. After hairdye was completed, each tuft of hair was compared by macroscopic evaluation.
In each example, blended components were arranged to be 800 g in total according to the blended amounts described in Table 1 shown below, a 1-liter glass beaker was used, and the blended components were stirred manually with two glass rods 8 mm in diameter.
Specifically, components other than paraphenylenediamine, resorcin, sodium sulfite, 28% ammonia water, purified water, were melted by heat at 75° C. (oily components). Paraphenylenediamine, resorcin, sulfite, purified water (aqueous components) were melted by heat at 75° C. while being stirred moderately, and this mixture was gradually added to the oily components, which was being stirred as fast as possible (about 1 to 2 rotation/sec). The resulting mixture was stirred in a similar manner and cooling of the mixture was started. The mixture was continued to be stirred as fast as possible (the speed was reduced to about 1 rotation/sec) even when the mixture was cooled to about 50° C. and the viscosity started to increase, and then, the mixture was cooled to 30° C. Next, 28% ammonia water was added to the mixture, and the stirring was continued to the resulting mixture in a similar manner, thus a creamy emulsified composition (the first agent) was arranged. It took about 15 minutes to complete the arrangement of the creamy emulsified composition (the first agent) from when the mixing of the oily components and the aqueous components was started.
Example 3 was conducted in a manner similar to that of Examples 1˜2, however, the speed of stirring for mixing the oily components and the aqueous components was consistently slower (0.5 to 1 rotation/sec).
The obtained average diameters of emulsified particles of Examples 1˜3 are indicated in Table 3 shown below.
The values in Table 1 shown above indicate wt %.
According to the blended amounts described in Table 2 shown below, components other than 35% hydrogen peroxide solution and purified water were melted by heat at 75° C., and purified water, heated to 75° C., was gradually added to the mixture of the components while being stirred, and the stirring was continued to the resulting mixture. When the mixture was cooled to 30° C., another 35% hydrogen peroxide solution was added and a creamy emulsified composition was obtained. The average particle diameter of the emulsified composition obtained in Reference Example 2 was 202 nm, and that of the emulsified composition obtained in Reference Example 3 was 4.086 μm.
The values in Table 2 shown above indicate wt %.
The values in the ammonia odor test in Table 3 shown above indicate the number of test subjects. Further, in the ammonia odor test, the second agent of Reference Example 1 was used in Examples 1˜3, and the second agent of Reference Example 2 was used in Example 1A, and the second agent of Reference Example 3 was used in Example 1B. As a result of the hairdye test, tufts of hair were dyed in the same color tone in all Examples in Table 3.
60 g of the emulsified composition obtained in Example 1 was put into a cup, and 60 g of the emulsified composition obtained in Reference Example 2 was added to the aforementioned composition. The resulting mixture was stirred with a brush, and applied to dye black hair brown in accordance with an ordinary method. In the process of hairdye, there was little ammonia odor, and as a result of the hairdye test, tufts of hair were dyed in the same color tone as in other Examples.
The present invention makes it possible to provide an ammonia-containing oxidative hair bleach or hairdye, wherein an irritating odor of ammonia can be reduced to the extent nearly imperceptible when an emulsified composition for an ammonia-containinghairbleach orhairdye andan agent containing an oxidant such as hydrogen peroxide are mixed and used for treating hair, and a method for bleaching or dyeing hair with the use of the hair bleach or hairdye.
1. An emulsified composition for an ammonia-containing hair bleach or hairdye, wherein an average diameter of emulsified particles of said composition is small enough to reduce an irritating odor of ammonia.
2. The emulsified composition for an ammonia-containing hair bleach or hairdye according to claim 1, wherein the average diameter of emulsified particles of said composition is 10 μm or less.
3. The emulsified composition for an ammonia-containing hair bleach or hairdye according to claim 1, comprising a nonionic surfactant of 0.1 to 50 wt %.
4. The emulsified composition for an ammonia-containing hair bleach or hairdye according to claim 3, comprising one or more kinds of ionic surfactants of 2 wt % or less, selected from an anionic surfactant, a cationic surfactant, and an amphoteric surfactant.
5. A hair bleach or hairdye which comprises at least the emulsified composition for a hair bleach or hairdye according to claim 1, and an oxidant.
6. The hair bleach or hairdye according to claim 5, wherein the emulsified composition for an ammonia-containing hair bleach or hairdye and a composition containing the oxidant has a same viscosity.
7. The hair bleach or hairdye according to, claim 5, wherein the viscosities of the emulsified composition for an ammonia-containing hair bleach or hairdye and the composition containing the oxidant are 10,000 to 60,000 cps.
8. A method for bleaching or dyeing hair which uses the hair bleach or hairdye according to claim 1.

matches:
Application No. 2001
Application No. 2001
Application No. 2001
Application No. 2001
Application No. 2001
Application No. 2000
Application No. 2001
Application No. 10
Application No. 2002
Application No. 11
in fine


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INDICTMENT found and returned in the Superior Court Department on April 5, 1996.
The case was tried before James P Donohue, J.
Paul E Ware, Jr (Christopher T Holding & Sarah E. Walters with him) for the defendant.
LYNCH, J. The defendant was convicted of murder in the first degree under the theories of deliberate premeditation and extreme cruelty or atrocity. He raises three issues on appeal, claiming that (1) the Commonwealth violated a discovery order by failing to disclose material portions of the medical examiner's testimony; (2) the trial judge erred in refusing to instruct the jury on voluntary manslaughter; and (3) the judge erred in not dismissing two jurors. For the reasons stated below we affirm his conviction and conclude there is no reason to exercise our power under G. L. c. 278, s. 33E.
1. Facts. On March 20, 1996, the decomposing body of the victim was found in her Boston apartment. The cause of death was strangulation by ligature. She had sustained several blows to the head and multiple lacerations, including a severed earlobe. There also was a pink "tank top" pulled up near the victim's neck. At trial, the medical examiner said that the tank top was consistent with the ligature that caused her death. The defendant was the last person known to have seen the victim alive.
When the police searched the victim's apartment, they did not find a murder weapon. The police did find, among other items, a blood-stained paper towel "rolled up in such a manner [that] it indicated that it had perhaps been placed over a finger that had been cut." A drop of blood was found on the victim's back, which when tested matched the defendant's blood type and deoxyribonucleic acid (DNA).
At his home in Swansea, the defendant attempted to commit suicide [Note 1]. When he regained consciousness on March 20, 1996, he called for emergency help and was taken to a hospital. He had a crushing injury to the tip of one of his fingers, requiring amputation. He told the hospital staff that an automobile door had slammed on his finger.
The defendant and the victim at one time had a "dating" relationship. In the course of that relationship the victim had obtained a protective order against the defendant, but did not renew it.
On March 18, 1996, the defendant, the victim, and a friend were at the victim's apartment for the afternoon smoking crack cocaine. At some point in the evening, the friend left the victim's apartment. As he was leaving, the victim told him that she was going to ask the defendant to leave also. At approximately 8 P.m., the victim's downstairs neighbor heard a loud male voice and banging sounds "like furniture . . . being tossed around." The banging lasted until approximately 11 P.m. Later that night, the neighbor was awakened by "one tremendous bang" that, among other things, shook her windows. The neighbor also heard footsteps in the apartment the next evening, March 19, 1996.
out the victim's apartment and discovered a bloody knife under the sofa. The next day, the victim's brother returned to the apartment. While in the kitchen, he unrolled a mat and discovered a bloody hammer [Note 2]. The police had not found either in their search. The hammer and knife were examined, and showed traces of blood consistent with the blood of the victim on them, but no clear fingerprints.
2. Failure to disclose. The Commonwealth was ordered to divulge to defense counsel the substance of its expert testimony. Mass. R. Crim. P. 14 (a), 378 Mass. 874 (1979). Pursuant to this order the defense received the autopsy report which listed the cause of death as "strangulation by a ligature," but were not told that the medical examiner would testify that the pink tank top found near the victim's neck was consistent with the ligature used to strangle her [Note 3]. During a prior trial which ended in a mistrial the Commonwealth's witness, a detective, testified that the police never found the murder weapon and that "to this day we do not know what type of ligature was used."
The defendant argues that this portion of the medical examiner's testimony was part of the Commonwealth's substantive case against the defendant and should have been disclosed to defense counsel [Note 4]. See Mass. R. Crim. P. 14 (a) (4). The Commonwealth maintains that the opinion was not substantive to the defendant's case and was elicited simply as a response to a hypothetical question.
We do not decide whether the Commonwealth had a duty to disclose this testimony because we conclude that no prejudice arose from its failure to do so.
as to create a reasonable doubt that would not otherwise have existed." Commonwealth v. Baldwin, 385 Mass. 165 , 175 (1982), quoting Commonwealth v. Wilson, 381 Mass. 90 , 114 (1980). See Commonwealth v. Donovan, 395 Mass. 20 , 24 (1985), and cases cited [Note 5]. We look to "the consequences of the delay . . . and . . .ask whether the prosecution's [insufficient disclosure was timely] to allow the defendant 'to make effective use of the evidence in preparing and presenting his case.' " Commonwealth v. Baldwin, supra, quoting Commonwealth v. Wilson, supra.
credibility, "ultimate and effective presentation of the evidence to the jury cured any error").
The defendant points to United States v. Alvarez, 987 F.2d 77, 85-86 (1st Cir.), cert. denied, 510 U.S. 849 (1993), to argue that effective cross-examination is not enough to counter the effects of undisclosed testimony. That case is not persuasive because there, the undisclosed testimony was a statement by one defendant which was the only evidence linking her to the crime. Here, the testimony was only peripherally related to the Commonwealth's theory of the cause of death.
The defendant argues further that, had he known sooner about the medical examiner's opinion, he would have used a different trial tactic. He states that he would have argued that, given the wound on the defendant's finger, if the tank top were used by the defendant, there would have been significant amounts of his blood on the tank top, as well as on the victim's head and shoulders. He maintains that by the time the medical examiner testified, it was too late to make this argument to the jury because the defense had already relied on testimony of several witnesses who stated that the murder weapon had not been found. These arguments appear to overlook the fact that the medical examiner did not state that the tank top was the murder weapon.
It is also significant that defense counsel did not request a continuance so that he would have time to investigate the testimony. "[U]nless the undisclosed evidence is either virtually destructive of the defendant's case . . . or is strongly supportive of innocence . . . defense counsel should, when faced with delayed disclosure situations, seek 'additional time for investigative purposes.' " Commonwealth v. Baldwin, supra at 176-177, quoting Commonwealth v. Cundriff, 382 Mass. 137 , 150 (1980), cert. denied, 451 U.S. 973 (1981). See Commonwealth v. Gordon, 422 Mass. 916 , 936 (1996).
We conclude that, even if the information should have been disclosed prior to trial, the defendant was not prejudiced by the delay.
3. Voluntary manslaughter instruction. The defendant argues that the judge committed reversible error by refusing to instruct the jury on voluntary manslaughter.
Mass. 263, 266 (1990), quoting Commonwealth v. Pitts, 403 Mass. 665 , 667 (1989), and cases cited. The evidence must be viewed in the light most favorable to the defendant. See Commonwealth v. Pierce, 419 Mass. 28 , 31 (1994). An instruction need not be given if there is no evidence supporting a finding of manslaughter. See Commonwealth v. Carrion, supra at 267, and cases cited.
Voluntary manslaughter "is [an] unlawful homicide arising not from malice, but . . . in . . . 'sudden passion induced by reasonable provocation, sudden combat, or excessive force in self-defense.' " Commonwealth v. Carrion, supra at 267, quoting Commonwealth v. Nardone, 406 Mass. 123 , 130-131 (1989). "A jury must be able to infer that a reasonable person would have become sufficiently provoked, and that the defendant was in fact provoked." Commonwealth v. Pierce, supra, citing Commonwealth v. Garabedian, 399 Mass. 304 , 313 (1987). See Commonwealth v. Seabrooks, 425 Mass. 507 , 514 (1997). However, the jury are not "permitted merely to speculate on whether the defendant . . . might have been roused to the heat of passion." Commonwealth v. Carrion, supra at 267, quoting Commonwealth v. Walden, 380 Mass. 724 , 727 (1980). Arguments or insults are not enough to establish reasonable provocation. See Commonwealth v. Carrion, supra, quoting Commonwealth v. Zukoski, 370 Mass. 23 , 28 (1976), and case cited. "Physical contact between a defendant and a victim is not always sufficient to warrant a manslaughter instruction even when contact was initiated by the victim." Commonwealth v. Pierce, supra at 31, and case cited.
In this case, there was no evidence that warranted the finding that the defendant acted in a sudden heat of passion. The evidence that a neighbor heard a loud male voice she could not identify coming from the victim's apartment and that there were banging noises is obviously insufficient to support such a conclusion.
The defendant points to his injuries, particularly to the injury to his finger which required its amputation. He claims that the jury could have found that the victim attacked the defendant with a hammer, injuring him so severely that he reacted to sudden combat or reasonable provocation. This claim is based on speculation, not evidence. In fact, the defendant told hospital personnel that he slammed his finger in an automobile door, and told police his injuries were self-inflicted.
The record is similarly devoid of any evidence that the defendant was roused to a sudden heat of passion. No error arose from the judge's refusal to give an instruction on voluntary manslaughter.
4. Juror bias. The defendant argues for the first time on appeal that the judge's failure, sua sponte, to exclude two jurors for cause who had family experience with domestic violence violated his right to an impartial jury under the Sixth Amendment to the United States Constitution and arts. 12 and 29 of the Massachusetts Declaration of Rights.
Not only did the defendant fail to object at trial to these jurors, he told the judge that they were satisfactory.
Juror bias is a question of fact to be determined by the judge. A finding that a juror is impartial will not be overturned on appeal unless the defendant makes a clear showing of abuse of discretion or that the finding was clearly erroneous. See Commonwealth v. Amirault, 399 Mass. 617 , 626 (1987). This court follows the Supreme Court standard set out in McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548 (1984), and Smith v. Phillips, 455 U.S. 209 (1982). See Commonwealth v. Amirault, supra at 624-625. In order "to obtain a new trial . . . a party must first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause." McDonough Power Equip., Inc. v. Greenwood, supra at 556.
Commonwealth v. Amirault, supra at 626.
Finally, we have reviewed the record and the transcript as required by G. L. c. 278, s. 33E, and conclude that there is no substantial likelihood of a miscarriage of justice.
[Note 1] The defendant took an overdose of a prescription drug, lacerated both arms, and turned on his gas oven. He claims he made the suicide attempt on March 19, 1996.
[Note 2] The police videotaped their search and the kitchen mat was not rolled up at the time they conducted their search.
[Note 3] The defendant correctly points out that "ligature" could be anything. See, e.g., Commonwealth v. Eagles, 419 Mass. 825 , 827 (1995) (pillowcase); Commonwealth v. Fitzmeyer, 414 Mass. 540 , 543 (1993) (oxygen tube).
[Note 4] The first trial against the defendant ended in a mistrial. He argues that the prosecution's lack of disclosure was even more significant than it otherwise might have been because the prosecution learned at the first trial that the defense's strategy was to argue that no murder weapon had been found. The defendant argues that the nondisclosure shows bad faith on the part of the Commonwealth. The standard for delayed disclosure is discussed infra. See Commonwealth v. Baldwin, 385 Mass. 165 , 175 (1982).
[Note 5] Where there is a delay in disclosure, the standard of review is the same for both inculpatory and exculpatory evidence. See Commonwealth v. Baldwin, supra.
[Note 6] The medical examiner admitted that the ligature could have been a "shirt, pants, underclothes ... a belt or a scarf" but definitely not "a narrow piece of rope or wire."
[Note 7] Defense counsel in closing argued: "It is inconceivable that there's no blood on that tank top and yet we have no evidence in this case of any blood of the defendant on what is now at the eleventh hour thrown at us as a possible but not necessarily the murder weapon."
In her closing, the prosecutor used the medical examiner's testimony to argue that the tank top "ruin[ed] the argument that no murder weapon was found." Such an inference from the evidence is allowed. See Commonwealth v. Raymond, 424 Mass. 382 , 390 (1997), quoting Commonwealth v. Lamrini, 392 Mass. 427 , 431 (1984).

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Мутация V617F гена jak2 является важным диагностическим критерием при хронических миелопролиферативных заболеваниях. Предложено тест-систему для выявления мутации с помощью метода обратно-транскриптазной полимеразной цепной реакции и прямого сик венирования полученых амплификатов.
1. Dameshek W. Some speculations on the myeloproliferative syndromes // Blood. — 1951.– V. 6.– P. 372-375.
2. Vardiman J.W., Harris N.L., Brunning R.D. The World Health Organization (WHO) classification of the myeloid neo plasms // Blood. — 2002. — V. 100. — P. 2292-2302.
3. Baxter E.J., Scott L.M., Campbell P.J. et al. Acquired mutation of the tyrosine kinase JAK2 in human myeloproliferative disorders // Lancet 2005. — V. 365, N 9464. — P. 1054-1061.
4. Kralovics R., Passamonti F., Buser A.S. et al. A gain-of-function mutation of JAK2 in myeloproliferative disorders // N Engl J Med 2005. — V. 352, N 17. — P. 1779-1790.
5. Levine R.L., Wadleigh M., Cools J. et al. Activating mutation in the tyrosine kinase JAK2 in polycythemia vera, essential thrombocythemia, and myeloid metaplasia with myelofibrosis // Cancer Cell 2005. — V. 7, N 4. — P. 387-397.
6. Zhao R., Xing S., Li Z. et al. Identification of an acquired JAK2 mutation in polycythemia vera // J Biol Chem. 2005. — V. 280, N 24. — P. 22788-22792.
7. James C., Ugo V., Le Couedic J.P. et al. A unique clonal JAK2 mutation leading to constitutive signalling causes polycythaemia vera // Nature 2005. — V. 434. — P. 1144-1148.
8. Scott L.M., Tong W., Levine R.L. JAK2 exon 12 mutations in polycythemia vera and idiopathic erythrocytosis // N Engl J Med. 2007. — V. 356, N 5. — P. 459-468.
9. Tefferi A., Vardiman J.W. Classification and diagnosis of myeloproliferative neoplasms: The 2008 World Health Organization criteria and point-of-care diagnostic algorithms // Leukemia 2008. — V. 22. — P. 14-22.
10. Spivak J.L., Silver R.T. The revised World Health Organization diagnostic criteria for polycythemia vera, essential thrombocytosis, and primary myelofibrosis: an alternative proposal // Blood 2008. — V. 112, N 2. — P. 231-239.
11. Chomczynski P., Sacchi N. Single-step method of RNA iso lation by acid guanidinum thiocyanate-phenol-chloroform extraction // Analyt. Biochem. 1987. — V. 162. — P. 156-159.
12. Телегеєв Г.Д., Дибков М.В., Божко М.В. та ін. Моніторинг хронічного мієлолейкозу за допомогою молекулярно-біологічних методів (методичні рекомендації) // Республіканський центр науково-медичної інформації. — Київ, 1997. — 20 с.
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Tuesday night the Boys Varsity Basketball team won their third straight game defeating Irvine 67-62. Alex Bray scored 24 points while Joe Christensen playing point guard instead of Kevin Yahampath, who was out sick, added 19 points including two clutch free throws in the final minute to preserve the victory.
In defeating the Warriors 63-38 at Woodbridge. Kevin Yahampath led the way with 19 points while Mitchell Kauker contributed 14 points and recorded eight steals. On January 16, the boys participated in Coach Mikey’s Longshot Challenge at Costa Mesa High to benefit pediatric Cancer Research. Uni overcame a twenty point deficit to defeat Capo Valley Christian 67-63. Ryan Pham scored 22 while Alex Bray added 18 points. Tonight, (1/26) the Trojans travel to Beckman to start the second round of Pacific Coast League play. Tipoff is 7:00 p.m. Uni defeated Beckman 80-72 in the first round. The Trojans are currently 3-2 in league play.
The Lady Trojans bounced back with a win over Irvine Tuesday night after a lost to Woodbridge last week. The girls basketball team is currently tied for first place with a record of 4-1 as round one of league comes to a close. Kaci Blailock led all scores with 17 points and 10 rebounds against Irvine, while Malia Goldsmith added 14 points.
In the last two weeks we have played 3 games. We lost our first game this year going down at home 2-1 to CDM with the winning goal coming in the final minute! Our goal was from Luis Moros with the assist from Kian Mohseni. That took our record to 10-1-1.
We rebounded well against Woodbridge winning 3-1. Goals from Darius Abdollahi and Sebastian Hertel. Assists from Lee McEligot, Darius Abdollahi and Sam Kelley.
We then beat Irvine 5-0 handing them their biggest loss of the year. Goals from Darious Abdollahi, Sebastian Hertel, Luis Moros and Pedro Palmaka. Assists from Luis Moros, Pedro Palmaka, Sebastian Hertel, Jeremy Koo. Jimmy Choi with his 5th shutout.
We end the first round of league at 4-1 and 12-1-1 overall. Good enough to be ranked #3 in the division and #15 in southern section.
The boys will be taking on Beckman today (1/26) in the Uni Stadium at 3:15. Good luck boys!
The Girls Soccer team has had an amazing season so far. We are 12-4-2. We have scored 48 goals giving us a 2.66 goals per game average and only have given up 21 goals which is about 1 goal per game average. The most impressive part about the team is the attractive possessing style soccer that makes all the games attractive to watch. The team has put themselves in a position to contest for the league championship. We have only 5 league games left and the next three are extremely important. Please come cheer on the team on February 2nd as we welcome undefeated #4 in OC Corona Del Mar.
The Girls Water Polo team travels today (1/26) to Beckman for a 4:15 Varsity match. The Open team plays at 3:15 and the JV team plays at 5:15. Good luck girls!
Congrats to Jordan Elam for claiming the Jaguar classic Championship.
Also Hans Valdez and Jack Hausam for finishing 3rd.
Ethan Maniss and Ethan Chin for finishing 5th.
Lorena Egea for taking 2nd only losing to the #1 ranked wrestler in California.
Congrats last night to the team for Beating Woodbridge 39-37.
Girls Water Polo Tournament @ Ocean View – 4:30 p.m.
***GOW***Boys Soccer v Northwood – 3:15 p.m.
Girls Water Polo v Corona Del Mar – 4:15 p.m.
The Boys Varsity Basketball Team lost on Tuesday night to Northwood evening their record in the PCL at 1-1.
Tomorrow night (Friday) the boys travel to Corona del Mar for a 7:00 p.m. tipoff against the Sea Kings. Last Friday the Trojans defeated Beckman 80-72 in a wild Pack the Gym night contest. Junior guard Alex Bray scored 40 to pace the Trojans while senior forward Ryan Pham had a double double with 18 points and 18 rebounds.
This coming Monday the boys have been invited to participate in Mikeys Long Shot Challenge at Costa mesa High School. The games played that day will benefit cancer research. The Trojans will play Capo Valley Christian at 11:30 a.m. Next Thursday, the Trojans travel to Woodbridge to take on the Warriors. Uni defeated Woodbridge 73-53 earlier in the season.
Come out and support the boys at their away game at Corona Del Mar High School tomorrow, January 13th! The game starts at 7:00 PM.
Check out the OC Varsity article below from last Friday’s big game against Beckman!
IRVINE – University gave its fans plenty to cheer about on Friday night, rallying from a seven-point halftime deficit to defeat Beckman, 80-72, in the Pacific Coast League opener for both teams.
The Trojans, behind the 40-point, 17-rebound performance of junior Alex Bray, outscored Beckman, 27-17, in the final quarter in the annual Pack the Gym Night at University, which attracted a near-capacity crowd.
Bray was held to one point in the first quarter, but came alive in the second quarter, scoring 15 points. He added 24 points in the second half. Bray made 22 of 27 free throw attempts and hit four 3-pointers.
As a team, University (7-8, 1-0) made 36 of 51 free throws.
“We were very nervous in the first half,” said University coach Mike Dinneen. “We shot poorly in the first half, 25 percent, but we shot better in the second half and Alex was able to get to the line a lot. We played really hard.
University also got a strong performance from senior forward Ryan Pham, who had 18 points and 20 rebounds.
Beckman (8-9, 0-1) gave the Trojans all they could handle.
The Patriots were led by sophomore Dylan Thoerner, who scored 21 points, 14 coming in the first half. Junior Aaron Chen added 17 points and junior Ryan Sprosty had 13 points.
Beckman held a 55-53 lead going into the fourth quarter, but University’s full-court press forced key turnovers in the final stanza.
Bray, who made 12 free throws in the final quarter, made two free throws with 2:55 left to put the Trojans ahead, 69-63.
Bray hit the 40-point mark when he made two more free throws with under 10 seconds left to help the Trojans win by eight.
The lady Trojans opened league play with two wins over Beckman 64-43 and Northwood 41-24. Great job ladies!!🏀 Come out and support the girls this Friday (1/13) as they travel to CDM. JV plays at 4:00 and Varsity at 5:30.
Boys soccer opened league last Thursday night away vs Beckman at Tustin High School . Our boys came from 2 goals down and scored twice in added time to win 3-2.
Goals from Pedro Palmaka , Sam Kelley and a PK from Darious Abdollahi.
Assists from Sam Kammerman and 2 from Sebastian Hertel.
On Tuesday in our stadium we hosted league title hopefuls and 7-2-1 Northwood .
We took the lead at the end of the first half on a goal from Kian Mohseni . After NW tied it up early in the second we got 2 goals from Sebastian Hertel to win the game 3-1 .
Assists from Darious Abdollahi, Evan Mouchard and Pedro Palmaka .
Our record is now 10-0-1 and ranked #3 in the division .
Come out and support the boys as they take on CDM today (1/12) at 3:15 at home. Good luck boys!
Girls Soccer plays CDM away today (1/12) at 3:15. Come out and Support!
Girls water polo plays at Corona del Mar H.S. today (Thurs Jan 12th) varsity at 315pm and jv at 415pm. The lady trojans lost to Northwood at home 11-6 this past Tuesday and last Thursday Jan 5th at Uni pool the girls beat Beckman 12-6. The team travels to an away tournament this Friday and Saturday.
Congratulations to Chandlyr Denaro for achieving OC Varsity’s “Player of the Day” Recognition on January 5th!
The senior co-captain tallied three goals, six steals, four assists and drew two exclusions to lead the Trojans to a 12-6 victory against Beckman in the Pacific Coast League.
Congrats to the Wrestling team for a 63-16 win over CDM. 6 points given up was a forfeit. Boys are wrestling very well.
Couple that with this past weekend’s performance by Jordan Elam 2nd, Hans Valdez and Ethan Maniss 5th and Ethan Chin 8th at the 64 team Super Champs in Nogales, we had a great 7 days.
The JV team went to a 16 team tournament in San Clemente and had 8 out of 11 kids place including 2 Champions, four 3rd place finishers and two 4th place finishers.
We have been wrestling hard and even had Damien Calhoun of OC Register come out to see us. It is the kids wrestling hard and doing well that made that possible. Great teamwork by ALL.
NEWPORT BEACH – Jordan Elam’s 170-pound match in a Pacific Coast League dual Wednesday was the perfect example of the effort it has taken the University wrestling team to get headed in the right direction.
Elam trailed against Corona del Mar’s Jewlian Avila, 6-1, in the first period. He eventually tied the score at 7 in the third period and sealed the victory with a three-point near fall as time expired.
University, under new coach Steve Shiflett, recorded its third league victory, 63-16, by defeating the Sea Kings at Corona del Mar High.
“It was slow,” Shiflett said of the team’s adjustment period. “There were a couple of kids, when I started, they weren’t buying into it, and slowly and surely, with the success that some of the kids are having, they’re starting to believe.
The dual started at 106 pounds. Corona del Mar’s lineup was shorthanded because of injuries and illness, and the Sea Kings gave up five of the first seven matches by forfeit.
CdM also received a forfeit at 126 pounds.
The first match that was wrestled came at 138 pounds, and University’s Max Hertz won by fall.
Corona del Mar’s first victory came at 152 pounds with Peter Hollingshed winning by major decision, 12-2.
The Trojans won the final four matches by fall. The Sea Kings ended the match with Jacob Petersen winning by fall at heavyweight.
“We had a new group of sophomores that are really buying into it because they don’t know any better,” Shiflett said. “So we’re able to harness their talent and we can shape them the way we want. We want to be more aggressive, win or lose.
Girls Soccer @ CDM – 3:15 p.m.
Boys Soccer v CDM – 3:15 p.m.
Girls Water Polo @ CDM – 4:15 p.m.
Girls Basketball @ CDM – 5:30 p.m.
Boys Basketball @ CDM – 7:00 p.m.
Wrestling v Irvine – 6:00 p.m.
Trojan Army Day – Tomorrow (1/6) is Trojan Army day at school. Please encourage your student to wear their Trojan Army shirt to school tomorrow as we get everyone pumped up for our Winter sports assembly and Pack the Gym night.
PACK THE GYM NIGHT – This is one of the best traditions we have here at UNI. Come on out to our gym to support our basketball teams at “Pack the Gym Night.” Girls game is at 5:30 with the boys at 7. The gym will literally be packed with Trojan Spirit tomorrow night. Hope you can join us at this exciting event. To get an idea of the energy of Pack the Gym click the link below.
Tomorrow night (1/6) the Boys Varsity Basketball team opens league play against Beckman here at Uni at 7:00 p.m. It is Pack the Gym night and we hope to see you there. Tonight (Thursday, Jan. 5th) the Trojans host South Bay power Mira Costa at 7:00 p.m. in the gym.
Over Christmas break the Trojans defeated Woodbridge, San Clemente, and Legacy High School from Florida. The boys participated in the KSA Holiday Tournament at the ESPN sports Complex in Orlando Florida. The boys had a great time visiting the Magic Kingdom, Epcot, Hollywood Studios, and Animal Kingdom theme parks. Last night the Trojans fell on the road to highly ranked Sonora. Junior guards Alex Bray and Kevin Yahampath continue to lead the team. Bray is one of the leading scorers in the county averaging 24.6 points a game while Yahampath is scoring 16.4 points and dishing out 7.4 assists per game.
The girl’s basketball team finished off the preseason with an amazing tournament championship trophy. With wins over Palo Verde, Indio, Mark Keppel and Yucca Valley, the lady Trojans were the Shadow Hills High School tournament champions. Malia Goldsmith was named to the All-tournament team and senior Kaci Blailock was named the tournament MVP. Uni opens league play tomorrow night (1/6) at Uni against Beckman at 530pm.
The girls soccer team is getting ready to start league today (1/5) with a 3:15 pm game against Beckman. All the players are starting to play the best they have played all season and we are excited to try and achieve our team goal to finish 1st or 2nd in league. We will do all that we can to accomplish this goal. Good luck girls!
The Girls start league today (1/5) with a 4:15 home game against Beckman. Come out and support! Best of luck girls!
Congrats to the Wrestling team for another league win. 68-9 Win over Northwood. Ethan Maniss, Nicholas Dianger and Max Hertz lead the way. The wrestling team will be competing in tournaments this weekend and will be taking on Corona Del Mar next Wednesday, at CDM.
Girls Soccer v. Beckman – 3:15 p.m.
Girls Water Polo v. Beckman – 4:15 p.m.
Boys Soccer v. Beckman @ Tustin High School – 7:00 p.m.
Boys Basketball v. Mira Costa – 7:00 p.m.
Wrestling Tournament @ Nogales High School – 10:00 a.m.
Wrestling Tournament @ Nogales High School – 9:00 a.m.
Girls Soccer v. Northwood – 3:15 p.m.
Girls Water Polo v. Northwood – 4:15 p.m.
Wrestling @ Corona Del Mar – 6:00 p.m.

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An anonymous tip received by police and not completely corroborated can be used as the basis for a terry stop as long as a significant portion of the tip is verified.
Imposition of death sentence for murder in the first degree is not void under due process clause solely because trial court considered additional information from probation department and other sources. Pre sentence investigaton.
Sentencing guidelines often produce harsh results that are patently unfair because they fail to take into account individual circumstances.
Self-incrimination impossible when there is no trial; violation of right against self-incrimination occurs only when one is compelled to be a witness against himself in a criminal case.
Rita v. United States; An appellate court may apply a non-binding presumption that a sentencing court's imposition of a within-Guidelines sentence is reasonable; presumption.
Hudson v. Michigan; exclusionary rule not apply suppress evidence obtained in violation knock-and-announce rule; exclusionary rule; fruit-of-the-poisonous-tree-doctrine; inevitable discovery rule; no-knock search warrant.
United States v. Awadallah; a grand jury may issue an arrest warrant.
Harrington v. Richter; An unreasonable application of federal law is different from an incorrect application. State courts must be given some leeway. Strickland v. Washington. Strickland standard.
United States v. Jones; the definition of a Fourth Amendment "search" evolves with advances in technology. GPS. Karo. Katz.
Skilling v. United States; For purposes of obtaining a fair trial, it is sufficient if the jurors can lay aside their impressions or opinions and render a verdict based on the evidence presented in court.

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For practitioners old enough to remember, the Federal Deposit Insurance Corporation, and its cousin the Resolution Trust Corporation, were regular players in the 1990's during the last severe bank crisis in the United States. Just like in a popular movie sequel, we too can now scream, "They're baaaaack!" Recent reports confirm the rising number of bank failures. The FDIC is opening new offices and announces more bank takeovers weekly.
As a result, borrowers' lawyers now find that the opposing party is not the lending bank, but the FDIC. Bankers and bank lawyers now find their loan participants include the FDIC. A quick review of recent cases suggests litigation involving the FDIC is returning to court dockets. Clearly, FDIC involvement is not yet near the volume it attained twenty years ago, but it is increasing. In response, this article is a refresher for those who lived through the last go around, and a primer for those without that experience.
Most people know the FDIC as the agency that insures bank deposits. It is that, but more importantly, from the perspective of an attorney involved in lending, in the event of a bank failure, the FDIC is a receiver with responsibility for liquidating the insolvent bank's assets. Probably the most famous or infamous example is the 1982 failure of Oklahoma City's Penn Square Bank. Other names that will bring back memories include The Bank of New England and Columbia Savings and Loan. These failures had very real implications for lawyers and their clients that worked through these issues.
The FDIC is a creature of statute. Accordingly, a brief summary of 12 U.S.C. § 1821 is necessary. Under this section, the FDIC as receiver succeeds to all rights and powers of the insolvent bank . It takes title to the books, records, and assets. It may conduct the insolvent bank's business, collect money due, and take any "necessary" actions to rehabilitate or liquidate the insolvent bank. It may organize a new or a bridge depository institution. Some readers likely remember the "New" Bank of New England from the early 1990's. The FDIC may also merge the insolvent bank with another bank or sell the insolvent bank to another bank. As a practical matter, however, experience has shown that despite an FDIC takeover, the same bank loan officer may remain in charge of the credit.
As a preliminary matter, anyone dealing with the FDIC needs to be familiar with the case of D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447 (1942). This case gave rise to the D'Oench Duhme Doctrine (appropriately pronounced Dench Doom). It is now codified at 12 U.S.C. § 1823(e). Simply stated, an agreement with an insolvent bank is enforceable against the FDIC as receiver only when the agreement was in writing, executed by the insolvent bank and the counterparty, approved by the insolvent bank's board of directors or its loan committee and kept in the insolvent bank's official records. There are no enforceable "secret" agreements.
The D'Oench Duhme Doctrine has two important practical implications. First, a lawsuit against the FDIC based on a course of dealing by the insolvent bank will fail, unless documented to an uncommon degree. Second, as discussed below, D'Oench Duhme has also been held to protect purchasers of loans from the FDIC.
In representing a participant in a multi-lender credit facility with the FDIC now acting as receiver for another participant, there are several new considerations, particularly if the insolvent bank was the lead lender. While the document may be a self-declared participation, is it really a sale of an individual participation interest in a loan made by the lead bank, or is it multiple separate loans made by lending group members to the borrower with the FDIC now acting as the lending group agent, or can it be characterized as a loan to the lead bank? The difference is extremely important. If the participants have taken a security interest in the borrower's collateral pledge to the now insolvent lead bank (uncommon), the participants should have rights against the borrower and the borrower's collateral. Lending group loans made to the borrower on a several basis should be in a similar position. If, however, the participation is characterized as a loan to the lead bank, the participant could find itself in the unenviable position of simply being an unsecured creditor of an insolvent bank.
Because of the D'Oench Duhme Doctrine and courts' general reluctance to find a fiduciary relationship in participation agreements, any legal actions against the FDIC using these underlying theories face an uphill battle. Still, lawyers representing participants should consider strategies such as whether the participation can be classified as a "qualified financial contract" pursuant to 12 U.S.C. § 1821(e)(8)(D) making it enforceable rather than a mere unsecured creditor claim.
A borrower with the FDIC as its new lender faces substantial uncertainty and anxiety. The FDIC, like a bankruptcy trustee, does not have to honor the insolvent bank's financial commitments. Unlike in bankruptcy, the power is not limited to executory contracts and the decision to "repudiate," as it is called, does not require any court approval. Moreover, also unlike bankruptcy rejection, which must be a rejection of the entire contract, the FDIC can pick and choose which provisions it repudiates. For example, the FDIC can refuse funding commitments going forward, but can simultaneously sue for repayment of existing advances. The borrower will have a claim for damages, which is simply an unsecured non-priority claim against an insolvent bank; it likely has about the same chance of payment as a Russian Czarist Bear Bond from the Romanov regime.
Another issue for a borrower relates to deposits with the insolvent bank. A borrower with deposits in excess of FDIC insured amounts should seriously consider setting off the deposit against the obligation it owes the bank. If the borrower does not take this action, it will be an unsecured creditor of the insolvent bank for the amounts above the FDIC insured amount while still owing the entire loan amount. Longstanding U.S. Supreme Court precedent in Scott v. Armstrong, 146 U.S. 499 (1892) supports this strategy.
While not often considered by the general public, practitioners and bankers know that banks borrow money as well as lend it. Before considering this perspective, it is important to note the difference between regulated banks and the parent bank holding companies. It is not accurate to say that bank holding companies are unregulated -- because they are. The Federal Reserve and other agencies monitor and regulate the holding companies. There is, however, a major difference in their treatment in case of financial distress.
While regulated banks can not file bankruptcy, and therefore fall under FDIC receivership, that is not true for their, many times, publicly traded parent holding companies. The holding companies are eligible for bankruptcy protection. More often, holding company bankruptcies are ultimately Chapter 7 bankruptcies, although there has been at least one successful bank holding company reorganization in Chapter 11. The first step, therefore, is to determine whether the obligation is owed by the holding company or the regulated bank subsidiary.
Repudiation, as discussed above, is a significant concern. This would be true, in particular, if the creditor is the beneficiary of a letter of credit from the insolvent regulated bank. This most likely becomes a general unsecured claim and of little to no value. The best possible characterization is for the obligation to be a deposit with the insolvent bank so that there is at least some level of FDIC deposit insurance coverage.
With respect to claims, an FDIC claim process exists which is similar to bankruptcy. The FDIC has an expedited 180 day process to determine whether a claim is allowed. 12 U.S.C. § 1821(d)(5)(A). The FDIC website contains detailed information in that regard.
The FDIC as receiver may request a stay of judicial action in any court and the court is required to grant the stay for 90 days. It can also remove any state court case to U.S. District Court as it is attempting with a bank holding company's Florida Assignment for Benefit of Creditors. Some parties have opposed this seemingly unrestricted removal right by opposing substitution of the FDIC for the existing party or arguing the FDIC is not a party.
While generally subject to federal law, litigating with the FDIC is not exclusively about federal issues. As long as a state law does not conflict with the federal law, courts may utilize state law concepts. Also, in those cases when the FDIC takes over a state chartered bank as receiver, the law of the chartering state is applied as required by 12 U.S.C. § 1821(g)(4).
It has been observed that the rule regarding litigating with the FDIC is simple: the other party loses. This is a gross simplification of an extremely complex body of case law. Most relevant cases are not recent; rather, they derive primarily from the 1990's. Moreover, in at least one recent and ongoing case, the court denied the FDIC summary judgment dismissal of an unjust enrichment claim against the FDIC. MVB Mortgage Corp. v. FDIC, in its capacity as receiver for Miami Valley Bank, No. 08-771, 2009 U.S. Dist. LEXIS 93121(S.D. Ohio, Oct. 6 2009); Motion denied at 2010 U.S. Dist. LEXIS 15385 (S.D. Ohio, Feb. 19 2010).
Before litigating with the FDIC, a survey of the leading cases will provide guidance for the cautious lawyer and creative opportunities for the more aggressive advocate.
While recent experience is limited, reference to the 1990's provides some insight into the asset sale process as it may be implemented in 2010. Many of those sales were made by the now extinct Resolution Trust Corporation whose functions were subsequently rolled into the FDIC. At that time, the volume of distressed properties and loans for sale was significant. Also, the agencies were overwhelmed and understaffed. While generally represented by regional law firms in these sales, those lawyers found their clients challenging. For instance, getting an agency response was difficult and rarely prompt. Accordingly, while the lawyers representing the agency might have an outstanding reputation for prompt responses, their client did not necessarily enhance the lawyers' reputation.
Additionally, much of the documentation was provided in a standard form on a "take it or leave it" basis. Typically the documentation was, as in most distress situations, without warranties or representations. Clearly, the ability to negotiate language depended on whether one was representing an existing bank buying a troubled bank on short notice from the FDIC so it could reopen in 24 hours, versus a loan, loan portfolio, or specific asset. Still, the purchase process many times went very deliberately even when conducted in some type of auction format. Whether this will still be the common experience will be determined as these situations unfold.
As mentioned briefly above, a significant buyer benefit is that an asset purchaser from an insolvent bank is not liable for the insolvent bank's or the FDIC's conduct unless it is assumed in the purchase agreement. First Indiana Fed. Savings Bank v. FDIC, 964 F.2d 503, 508 (5th Cir. 1992).
In The Tempest, William Shakespeare tells us "What's past is prologue." This should not be understood as "history repeats itself." Rather, the better interpretation is that the past influences the present. In dealing with the FDIC as receiver, there has been relatively little new precedent over the past 20 years. Whether that law and associated practices will repeat themselves is uncertain. What is certain, however, is that anyone advising a client in 2010 is well advised to familiarize themselves, or as the case may be for some practitioners, re-familiarize themselves, with those statutes, precedents, and practices since many of the same issues and questions will recur.


A single justice of this court reported to us the employee's appeal from a decision of the reviewing board of the Department of Industrial Accidents (reviewing board) affirming the decision of an administrative judge denying the employee partial incapacity compensation benefits pursuant to G. L. c. 152, § 35. The administrative judge ruled in denying the employee's claim that he had earned in excess of his pre-injury average weekly wage during the period of time at issue.	1. Undisputed facts. The employee was an assistant manager of Trendlines (employer), a retail golf equipment store. On April 11, 1995, the employee suffered a back injury while lifting a case of golf balls. He treated with several doctors over the next several days and was unable to perform the physical tasks required by his job. On May 1, 1995, the employee was fired. At that time, his pre-injury average weekly wage was $549.97.
The employee subsequently went to work for a Honda dealership selling cars but left after one week because he was unable to perform the job due to back pain. On July 10, 1995, he underwent six hours of back surgery.
In November of 1995, he found employment at a Ford dealership and has worked there ever since. The employee works less than full time (thirty-five hours per week) because of his continuing back pain. He has used all of his personal days to deal with flare-ups in his back pain.	The employee has "good" earning weeks and "bad" earning weeks. His "bad" earning weeks are below his pre-injury average weekly wage, while his "good" weeks exceed it. In 1996, the employee earned $38,647.62, averaging $743.22 per week. In 1997, he earned $36,345.20, averaging $698.95 per week. The average for each year exceeds the employee's pre-injury average weekly wage of $549.97.
average weekly wage because the judge did not find that the employee's low earning weeks were attributable to his injury. Rather, the administrative judge determined that "the nature of the business of selling automobiles is such that a salesman's income will naturally fluctuate," and, therefore, the employee will have "good" and "bad" earning weeks. The employee claims error.
The administrative judge's decision was neither arbitrary, capricious, nor contrary to law. Partial incapacity benefits are paid for the loss of earning capacity caused by the industrial injury. Scheffler's Case, 419 Mass. 251 , 256 (1994). Bradley's Case, 46 Mass. App. Ct. 651 , 653 (1999). See Locke, Workmen's Compensation § 321, at 376 (2d ed. 1981) ("The goal of disability adjudication is to make a realistic appraisal of the medical effect of a physical injury on the individual claimant and award compensation for the resulting impairment of earning capacity, discounting the effect of all other factors"). Partial incapacity benefits are calculated as "sixty percent of the difference between [the employee's] average weekly wage before the injury and the weekly wage he or she is capable of earning after the injury . . . ." G. L. c. 152, § 35, as amended by St. 1991, c. 398, § 63. The determination of the employee's earning capacity must be made pursuant to G. L. c. 152, § 35D, which states in relevant part that "the weekly wage the employee is capable of earning, if any, after the injury, shall be the greatest of the following: -- (1) The actual earnings of the employee during each week. . . . (4) The earnings that the employee is capable of earning."
In a workers' compensation case, the employee has the burden of proof as to all the elements of the claim including his entitlement to partial incapacity benefits. Nowak's Case, 2 Mass. App. Ct. 498 , 501 (1974). Locke, supra, § 502. Here, the employee failed to meet his burden of proving that his low earning weeks were attributable to his injury, and not as the administrative judge found, that his "bad" earning weeks were due to the nature of the business of selling automobiles. [Note 1] Rather, the administrative judge ruled that the low weeks were caused by the nature of the business of selling automobiles.
Although the administrative judge did not refer to the statute in his decision, his discussion clearly shows that he conducted the analysis required by §§ 35 and 35D, and that his decision to deny and dismiss the employee's claim was based on "[t]he earnings that the employee is capable of earning," G. L. c. 152, § 35D(4), which were in excess of his pre-injury average weekly wage. There was no error.
Thomas J. Roccio for the employee.
Paul M. Scannell for the insurer.
[Note 1] The employee misreads our decision in Bradley's Case, supra. In that case, the issue was whether vacation pay should be considered actual earnings or a fringe benefit. 46 Mass. App. Ct. at 653. We neither discussed what the employee was "capable of earning," see G. L. c. 152, § 35D(4), nor held that subsection (1) was the only provision of G. L. c. 152, § 35D, that may be applied when an employee returns to the labor force after an injury. Indeed, such a reading would render meaningless § 35D's mandate that the court assess as the employee's earning capacity the "greatest" of the four options set forth in the statute.


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Jennifer Markowski is a Partner located in the firm's Boston office. Her civil litigation trial practice focuses on the defense of employment and professional liability claims. In her employment practice, she represents clients before state and federal administrative agencies and in court. She also advises clients on various employment decisions and provides training and counseling on specific issues.
In the area of professional liability, Jennifer represents lawyers and law firms as well as accountants, brokers, appraisers, architects and engineers, and other professionals in malpractice and disciplinary cases. She works tirelessly to obtain the best possible resolution for her clients. Clients appreciate the focus and attention she gives to resolving every matter as well as her ability to address challenges head on. Although most cases resolve before trial, Jennifer has first-chaired several jury trials and has earned a reputation as an intelligent and compelling trial advocate. Jennifer’s commitment to her clients and to striving for the best results at all levels engenders the trust and confidence of those who rely upon her.
In addition to her trial experience, Jennifer has appellate experience in both state and federal courts.
In her free time, Jennifer enjoys watching her daughter on the soccer fields as well as being outdoors and active with her family. She loves to run, practice yoga, and take family ski trips.
Janney Montgomery Scott LLC v. Tobin, 571 F.3d 162 (1st Cir. 2009)(attorney’s fees awarded for successfully defending against motion to vacate arbitration award where arbitrators found a Chapter 93A violation).
Heller v. Cap Gemini Ernst & Young Welfare Plan, 396 F. Supp. 2d 10 (D. Mass. 2005)(ERISA).
Christensen v. Kingston School Committee, 360 F. Supp. 2d 212 (D. Mass. 2005)(employment).
HR Knowledge, Inc. v. Professional Ins. & Risk Brokerage, LLC, 71 Mass. App. Ct. 1127 (2008)(insurance coverage).
Marnerakis v. Lichten, 66 Mass. App. Ct. 1116 (2006)(legal malpractice).
Kaplan v. Benowitz, 65 Mass. App. Ct. 1106 (2005)(legal malpractice).
Obtained defense verdict in legal malpractice case after ten-day jury trial (2016).
Obtained defense verdict in jury trial against condominium association alleging fees had been overcharged (2014).
Obtained defense verdict in gender discrimination/sexual harassment case after seven-day trial (2013).


Those familiar with the legal system in California may believe that it is prone to misuse by those who can afford it. While there is some merit to such a claim, one way California has evened the playing field is through a statute attacking Strategic Lawsuits Against Public Participation (“Anti-SLAPP”). The textbook example of a SLAPP action is one involving political participation. The idea is that the voice of a dissenter can be silenced by those with resources by filing a defamation claim. With the prospects of facing substantial legal fees in having to defend such an action, regardless of the meritless nature of the lawsuit, the dissenter has no option but to stop participating in the political process.
With the passage of the Anti-SLAPP statute, under Cal. Civ. Proc. Code §§ 425.16 et seq., the plaintiff in the above example is subject to a special motion to strike the meritless claim, and the dissenter would be entitled to payment of his or her attorney’s fees upon prevailing on the motion. In addition, the statute further provides that a stay would be in effect until the motion is heard to slow down the accumulation of attorney’s fees, and the stay can only be lifted upon a noticed motion.
The purpose of a SLAPP suit is to chill or punish a party’s exercise of constitutional rights to free speech and to petition the government for redress of grievances. Briggs v. Eden Council for Hope & Opportunity, 19 Cal. 4th 1106, 1109, fn. 1 (1999). The Legislature enacted the Anti-SLAPP statute to provide a procedural remedy to dispose of lawsuits that are brought to chill the valid exercise of constitutional rights. Lafayette Morehouse, Inc. v. Chronicle Publishing Co., 37 Cal. App. 4th 855, 865 (1995).
When determining whether to grant an Anti-SLAPP motion, the court engages in a two-step process. First, the defendant must make a prima facie showing that the challenged causes of action arise from acts in furtherance of the right of petition or free speech in connection with a public issue. Cal. Civ. Proc. Code§ 425.16(b)(1); Navellier v. Sletten, 29 Cal. 4th 82, 88 (2002). Under Cal. Civ. Proc. Code § 425.16(e)(1), this includes “any written or oral statement or writing made before a legislative, executive, or judicial proceeding.” In other words, if you bring a legal action or make statements in a court proceeding, this would give rise to protection under the Anti-SLAPP statute.
If the court finds that a defendant has met the prima facie showing, it then must consider whether the plaintiff has demonstrated a probability of prevailing on its claims. City of Cotati v. Cashman, 29 Cal. 4th 69, 76 (2002). In order to do so, the plaintiff must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment. Wilson v. Parker, Covert & Chidester, 28 Cal. 4th 811, 821 (2002). If the court grants the motion, it must dismiss the action. The court may not grant leave to amend the complaint. Simmons v. Allstate Insurance Co., 92 Cal. App. 4th 1068, 1073 (2001).
Thus, by bringing an Anti-SLAPP motion, defendants would not only stop the bleeding and slow down the legal fees incurred, it would further obligate plaintiffs to show their cards in the hopes of defeating the motion. This obviously puts the defendant in a far superior position and should give the plaintiff pause before filing a meritless action for strategic purposes.
California’s Anti-SLAPP statute levels the playing field so that those with considerable resources cannot misuse the legal system to bully their opponents into silence and serves as a powerful tool for litigators to completely change the complexion of a case. When statements are made in any government proceeding, understand that such statements are protected, and do not fall into the Anti-SLAPP trap.