Posts Tagged ‘suit’
Tuesday, October 19th, 2010
Uh oh, looks like San Francisco-based Zynga is in trouble again. The lawyers at Nassiri & Jung LLP down there on Kearny near Market filed a class-action lawsuit in San Francisco federal court yesterday.
Get all the deets, below.

Facebook User Sues FarmVille Maker Zynga for Violating the Privacy Rights of Millions of Americans
Class action suit filed after Zynga shared the personal Facebook information of millions of Americans with Internet tracking companies.
SAN FRANCISCO, Oct. 19 — A class action lawsuit filed yesterday challenges Zynga’s alleged practice ofillegally sharing the Facebook user data of its customers with advertisers and data brokers.
The lawsuit alleges that Zynga, which currently makes six of the top ten Facebook games, collected the Facebook data of its 218 million users and shared it with advertisers and data brokers in violation of federal law and Zynga’s contract with Facebook.
The lawsuit, which was filed in federal court in San Francisco, Calif., is brought by Nancy Graf of St. Paul, Minnesota. The class action seeks monetary relief for those whose data was wrongly shared, and injunctive relief to prevent continued privacy abuses.
“This appears to be another example of an online company failing the American public with empty promises to respect individual privacy rights,” explained Michael Aschenbrener of Edelson McGuire LLC, co-lead attorney for the class action. “Companies large and small need to learn to follow through on their privacy promises or risk having consumers decide that it is simply not worth it to use their services,” added Kassra Nassiri ofNassiri & Jung LLP, co-lead attorney for the lawsuit.
Aschenbrener and Nassiri are also co-lead class counsel in another case against Facebook that alleges massive privacy violations.
Edelson McGuire LLC is a leading class action firm that focuses on Internet, technology, privacy, banking, and consumer issues with attorneys in Illinois, New York, California, and Florida. www.edelson.com.
Nassiri & Jung LLP is a boutique litigation firm based in San Francisco that focuses on complex business disputes. www.nassiri-jung.com
Tags: 2010, advertisers, bay area, california, class action, data brokers, Edelson McGuire, facebook, farmvill, farmville, federal, games, games network, golden gate park, illegally, Kassra Nassiri, lawsuit, LLC, LLP, Michael Aschenbrener, Minnesota, Nancy Graf, Nassiri & Jung, privacy, San Francisco, sharing, St. Paul, suit, Zynga
Posted in law | 1 Comment »
Friday, August 6th, 2010
Never would have noticed George Gascon down at the Costco, but he was wearing his trademark suit so he stood out a bit.
Appears as if our newish police chief is settling in after putting in a year serving the 415…

Click to expand
Tags: 2010, bay area, california, chief, costco, department, dept., George Gascón, police, San Francisco, SFPD, shopping, soma, suit
Posted in police | 1 Comment »
Thursday, August 5th, 2010
Our City Attorney Dennis J. Herrera can’t abide street wars in San Francisco so he’s working on another gang injunction, this time for 100-something acres of Visi Valley.
It’s this part of the VV, roughly:

Click to expand
That’s the Sunnydale Projects on the left:

It’s the Down Below gangsters vs. the Towerside gang:

Lots of different names involved:
DBG symbols include: “Down Below Gangsters,” “Down Below Gang,” “DBG,” “324″ (referring to the letters “D”, “B”, and “G” on a telephone key pad), “Down the Hill,” “Down Below,” “The/Tha/Da Low,” “Lo/w,” “Low Boys,” “LB,” “Sunnydale,” “SD,” “Nolia”(referring to Magnolia, a New Orleans public housing development), “N.O.”(referring to the Nolia), “Sunnydale 42nd/42,” “42″ (referring to a parking lot at the Sunnydale Housing Development), “1800 Block” (referring to the 1800 block of Sunnydale Avenue), “1700 Block” (referring to the 1700 block of Sunnydale Avenue), “1600 Block” (referring to the 1500 block of Sunnydale Avenue), “1500 Block” (referring to the 1500 block of Sunnydale Avenue), “Spunk Squad,” “YGs,” “Young Guns/z,” “Young, Young Guns/z,” “YYGs,” “Borderline,” “BL,” “Borderline Posse,” “Borderline Players,” “BLP,” “257″ (referring to the letters “B”, “L”, and “P” on a telephone key pad), “Border Low,” “Swampy D,” and “The Swamp.”
TOWERSIDE symbols include: “Geneva Towers,” “Towerside,” “Towers,” “Tower Block,” “TB,” “T,” “T-Side,” “33,” “33rd,” “The/a 3s,” “312,” “1100 Block” (referring to 1100 Block of Sunnydale Avenue), “Brick Home Posse,” “BHP,” “Brick Homes,” “The Bricks,” and “Bricks.”
Anyway, all the deets:
Herrera seeks civil injunction against warring criminal street gangs in Visitacion Valley
Complaint begins process to enjoin 41 members of ‘Down Below Gangsters,’ ‘Towerside’ in safety zone encompassing both turfs
SAN FRANCISCO (Aug. 5, 2010) — City Attorney Dennis Herrera today filed suit against two warring criminal street gangsthat have terrorized San Francisco’s Visitacion Valley for more than three years. The civil complaint filed in Superior Court this morning names the Down Below Gangsters and Towerside Gang as defendants in a civil action that seeks to prohibit an array of gang-related criminal and nuisance conduct by 41 adult gang members within a proposed “safety zone” covering less than two-tenths of a square mile.
If granted by the court, Herrera’s civil gang injunction would bar named gang members from engaging in intimidation, graffiti vandalism, loitering, trespassing, displaying gang signs or symbols, and associating with other gang members under most circumstances within the safety zone. The injunction would additionally prohibit the possession of guns and other weapons, drugs, and graffiti implements within the area at all times. Violations of such injunctions can be pursued civilly by the City Attorney, for contempt of court, or prosecuted criminally by the District Attorney, as a misdemeanor for up to six months in county jail.
“The residents of Visitacion Valley have been caught in a crossfire by warring criminal street gangs, and the injunction I’m pursuing today intends to put an end to it,” Herrera said. “This injunction names 41 adult gang members in two rival gangs, representing the most active and dangerous threats to public safety. As is typical in these cases, most live outside the community they’ve chosen to victimize. As the California Supreme Court majority held in its 1997 Acuna decision on gang injunctions, ‘Preserving the peace is the first duty of government, and it is for the protection of the community from the predations of the idle, the contentious, and the brutal that government was invented.’ The gang injunction we’re pursuing today asserts the right of Visitacion Valley families to live in the peace and safety to which they’re entitled.”
“Gang injunctions like the ones City Attorney Herrera has successfully fought to put in place give law enforcement another important weapon in the fight against criminal street gangs who terrorize our communities,” said District Attorney Kamala D. Harris. “As the chief elected law enforcement leader in San Francisco, I consider this another vital tool in the prosecution of violent criminals. I thank the City Attorney for working with me to help keep San Francisco safe.”
Ever more deets, after the jump
(more…)
Tags: 2010, aclu, American Civil Liberties Union, American Civil Liberties Union of Northern California, bay area, Britton Courts, california, Chopper City, city attorney, civil, dennis herrera, department, Development, down below, Eddy Rock, gang, gangsters, Heritage Homes, housing, Knock Out Posse, Lawyers' Committee for Civil Rights, Lawyers' Committee for Civil Rights of the San Francisco Bay, members, mission, Norteño, Northern California, Oakdale Mob, police, public, safety zone, San Francisco, San Francisco Bay, SFPD, suit, Sunnydale, towerside, Visitacion Valley, western addition
Posted in crime | No Comments »
Wednesday, July 28th, 2010
Market Street’s most famous Segway rider is still at it, after all these years.
What drives him so?
The encounter. Before…

…during…

…and after:

Move aside/
and let the man go through/
Let the man go through
Tags: 2010, architecture, award, bay area, Berkeley, Boulevards, california, commuting, crash, dean kamen, department of public works, design, Design of Multiway Boulevards, dpw, electric, evolution, freeway, gm, gob, golden gate park, History, human, Human Transporter, i2, illegal, legal, market, offramp, pacifica, personal, ponytail, pt, rental, San Francisco, scooter, segway, sidewalks, silver, street, suit, traffic, transporter, university, x2
Posted in Uncategorized | No Comments »
Tuesday, April 6th, 2010
I’ll tell you, I’m not afraid to criticise Yelp for their difficulties concerning how their salespeople behave, but it looks like the changes they’ve announced today are going to go a long way towards helping Yelp in the long run. See the changes below.
CEO Jeremy Stoppelman didn’t come off whiny during today’s news conference so that might come as a bit of a surprise to those whose only exposure to him are his blog entries.
I question what the salespeople will have to sell now, but we’ll see how that goes. I’m sure some of them will still go rogue but it will be harder for them to do that now.
Happy days are here again:

via Yelp.com
Yesterday’s changes will allow us to see the reviews that aren’t worthy enough to make the main page of any particular entry, so Yelp can say that it’s transparent.
Check out Mermaid tours as an example. It’s not exactly clear why they’re suing Yelp, there’s something in there about an unstated cancellation policy* and a back and forth between the manager and/or and a former customer. (If this biz. is the lead plaintiff in somebody’s class action, well, the lawyers suing Yelp should look harder…)
Anyway, Yelp is trying to fix things, so
Hip hip hooray,
Hip hip hooray,
Hip hip hooray.
All the deets after the jump.
*This kind of excuse is called “frustration of purpose.”
(more…)
Tags: account executives, ads, advertising, ae, arizona, attorneys, blackmail, blog, business, ca, californis san francisco, call, Cats & Dogs Hospital, CEO, class action, cold call, court, extortion, inc, Jeremy, Jeremy Stoppelman, jerome, jerry, Judge, kevin, lawsuits, layers, long beach, Owners, post, reviews, sales, stars, Stoppelman, suit, veterinarian, yelp
Posted in media | No Comments »
Wednesday, March 17th, 2010
Looks like Yelp will be dealing with extortion lawsuits quite a bit this year.
Now, CEO Jeremy Stoppelman goes on and on about how he knows what his sales force says when it makes cold calls on business owners. The thing is that Jeremy Stoppelman doesn’t know what his sales force says when it makes cold calls on business owners.
Check out this recent interview in the BidnessWeek magazine:
“BW: The plaintiff in the class action suit (Long Beach, CA-based veterinarian Cats & Dogs Hospital Inc) says that a Yelp salesman named Kevin repeatedly promised to make negative reviews go away if he would advertise on Yelp. Have you disciplined Kevin for breaking the company’s sales policies, and how many times have you had to discipline or fire salespeople for such transgressions?
“Stoppelman: We’ve never had to discipline a salesperson* about the issue that was laid out in the lawsuit.”
Salespeople (or “Account Executives”) spin and lie all the time, they think its their job to do so. In fact, it IS their job to do so. That’s how they make their money, right?
An alcohol-fueled Yelp XXX-Mas party, from back in the day:

via Yelp.com
Now, Yelp has this post-solicitation survey for you, the business owner. It has several functions, but one purpose, certainly, is to make you, the business owner, look like an idiot when you later file your extortion lawsuit. Why? Because you answered all the relevant queries, check out the questions in #4, in Yelp’s favor. Is this kind of survey going to be enough to carry the day for Yelp’s lawyers? We’ll see.
Unless there are audio recordings of all the phone calls sitting around somewhere, Jerry has no way to prove what he’s alleging, right?
Here’s a modest proposal:
1. Fire all the salespeople(the so-called EA’s) and just do without the business sponsorships or what have you. Make money in a different way. (Make less money in a more honest way, is what I’m saying); or
2. Record all of the cold calls that your sales crew makes. So, hello, may I speak with the owner, do I have your persimmon (mmm… persimmon) to record this conversation, etc… This will cut into revenue, possibly. (You’ll make less money in a more honest way, is what I’m saying.)
All the talk of Yelp’s internal corporate structure and church/state separation betwixt sales and content don’t mean a thing if you don’t know what your sales crew says to make commish. Right, Jeremy?
*Looks like Jerry has access to a lawyer or two as well, huh? How many hours of expensive coaching did Jerome pay for? Perhaps salesman Kevin is just “one bad apple?” Stay tuned…
Tags: account executives, ads, advertising, ae, arizona, attorneys, blackmail, blog, business, ca, californis san francisco, call, Cats & Dogs Hospital, CEO, class action, cold call, court, extortion, inc, Jeremy, Jeremy Stoppelman, jerome, jerry, Judge, kevin, lawsuits, layers, long beach, Owners, post, reviews, sales, stars, Stoppelman, suit, veterinarian, yelp
Posted in advertising, law | No Comments »
Thursday, January 14th, 2010
Here’s the thing – if you’re renting a place in San Francisco and you’re paying your monthly rent to your roommate, chances are that you could be considered a subtenant and your roomy the “Master Tenant.”* Particularly when the rent for your unit is way undermarket, due to rent control let’s say, you might end up spending more for your space than the Master pays for the Master’s part of the apartment.
So if you’re paying $900 a month for your half of a two-bedroom and your Master Tenant in the other room is only kicking in $100 (to pay $1000 total to the landlord for the whole place), then you can take steps to get some of that money back and lower your rent to boot.
“A subtenant who believes he or she is paying more than a proportional share of the total rent may file a Tenant Petition against the master tenant on that basis. If the subtenant prevails, the Administrative Law Judge will adjust the rent to the proportional share and order the master tenant to refund any rent overpayments.”
Is this a perfect system? No, but it’s what you end up with when your city has rent control.
Your San Francisco Rent Board just dealt with a subtenant/Master Tenant proportionality case. The names of the people involved aren’t important, but the situation is noteworthy, IMO. Let’s check it out.

Now, if you don’t like how the Administrative Law Judge (ALJ) dealt with your case with your roomie, you can appeal to the board. As here, from the meeting of August 4, 2009:
“The subtenant’s petition alleging that he paid a disproportional share of the rent pursuant to Rules ß6.15C(3) was granted and the Master Tenant was found liable to the subtenant in the amount of $10,800.00. On appeal, the Master Tenant alleges that he was unaware of the requirement that the amount of rent paid must be proportional; that the decision will present him with a financial hardship; and that the subtenant is going to be evicted due to his uncooperative behavior.
MSC: To deny the appeal on substantive grounds but remand the case for a hearing on the Master Tenant’s claim of financial hardship. (Gruber/Crow: 5-0)”
See? The sub won big-time, to the tune of five figures because the rent split determined by the Master Tenant wasn’t proportional according to a judge and the full board.
But the master came back to say the ruling would be a hardship for him. From the meeting of November 17, 2009:
“The subtenant’s petition alleging that he paid a disproportionate share of the rent was granted and the Master Tenant was found liable to the subtenant in the amount of $10,800.00. The Master Tenant’s hardship appeal was granted and remanded for hearing. In the remand decision, the ALJ finds sufficient hardship to order a repayment plan in the amount of $150.00 per month. The Master Tenant again appeals, claiming that even the reduced amount will cause him severe hardship and possibly result in both tenants’ eviction from the premises.
MSC: To deny the appeal. (Mosbrucker/Gruber: 5-0)”
Is this what you might call a Phyric victory? Maybe. It’s probably too early to tell. Oh well.
Check the San Francisco Rent Board website for deets on the rules, or see you after the jump.
*The County of Los Angeles doesn’t want to buy equipment that has the term “master” written anywhere on it, like on a hard drive, a DVD burner or a brake cylinder. But in San Francisco, we freely label people “Master Tenants.” It’s our thing.
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Tags: +3, 1115 taylor, 1115 Taylor #4, 6.15 C (3), 615, 615c, AL090162, apartment, c, control, eviction, landlord, law, laws, lawsuit, lease, master, month, proportional, rent, rent board, rent control, room mate, roomie, roommate, rules, San Francisco, section, split, sub, subtenancy, subtenant, suit, tenancy, tenant, ß6.15C(3)
Posted in housing | 1 Comment »
Wednesday, December 9th, 2009
See the tower of the Potrero Generating Plant down Seventh Street on a recent rainy day?
Will it be here a year from now?
Who knows. But, on it goes, day in and day out:

Click to expand
Tags: 2009, 27, against, april, Atlanta, building code, california, citizenship, city attorney, corporate, Corporation, denni, dennis herrera, deplorable, earthquake, electricity, energy, filed, health, herrera, human, MIR, Mirant, NYSE, potrero, power plant, safety, San Francisco, suit, violations
Posted in buildings, environment | Comments Off
Wednesday, October 7th, 2009
New San Francisco Police Chief George Gascón is becoming known for donning a suit more often than a uniform, per this bit from CW Nevius. Now the last time we had a chief like that was from 1975-1980, when “outsider” Charles Gain ran the SFPD.
Did Chief Gain really have all of San Francisco’s police cars painted soft pale blue and did he really replace the seven-pointed SFPD stars on the doors with the San Francisco Seal avec an encircling ”POLICE SERVICES” motif?
Yes, yes he did. How friendly!

Can you imagine?
Looks like the seven-pointed star made it onto the trunks, though. As seen in Milk:

Now what do you think the union thought about that? Not much.
Mayor Dianne Feinstein asked for his resignation in 1979 after the White Night Riots and he was replaced in 1980.
And now San Francisco’s “black-and-whites” are black and white again, with stars and everything.
Don’t expect that to change anytime soon.
Tags: 1975, 1980, arizona, association, black, Blue, cars, charles, chuck, department, dept., gain, gascon, George, George Gascón, jacket, new, Oakland, officers, pale, police, Police Chief, prowlers, radio, San Francisco, services, SFPD, star, suit, tie, uniform, union, white
Posted in crime | Comments Off
Monday, September 14th, 2009
Who needs a bus when you have a 1970 (or so) Honda 175?
As seen on Van Ness. Click to expand:

Stick It To The Man!
Tags: 175, aging, bus, civic center, helmet, Honda, judson false, judson lie, judson pravda, judson true, mcallister, motorcycle, mta, Muni, orange, SFMTA, spokesmodel, spokesperson, street, suit, van ness
Posted in motorcycles | Comments Off