New CT scanner cuts radiation by 2/3 ... Making Headlines Work

When a new product or service better serves the public, that is something to proudly announce.

Pueblo Radiology's new CT scanner does just that—it better serves patients by reducing radiation by 2/3. That's huge!

Notice the headline: Pueblo buying a new CT scanner is not really the news. The real news is what the new CT scanner does, so that's what we put in the headline.

Find the nugget that makes your announcement news, then put that in the headline.

If you don't know right off the top of your head, try asking these questions:

• What does my new product or service do for people?
• Why should people care?
• How would I sell them in one sentence?

More great tips and advice on writing headlines here.

---

Pueblo Radiology’s new CT scanner cuts radiation by 2/3

Dr. Gary Blum, medical director at Pueblo Radiology

Pueblo Radiology Medical Group recently installed a new Siemens 64 slice CT scanner in its Santa Barbara office that utilizes the latest in dose reduction technology.

This state-of-the-art CT scanner cuts radiation by two-thirds, is more patient friendly and has excellent diagnostic quality, according to Medical Director Dr. Gary M. Blum.

“As an independent group of physicians, our priority is maintaining the highest level of patient care and staying on the leading edge of technology,” Dr. Blum said. “This CT scanner helps us accomplish both goals.”

Founded in 1957 in Santa Barbara, Pueblo Radiology provides diagnostic imaging and    interventional services in a patient friendly outpatient setting. Pueblo doctors have worked in partnership with many hospitals throughout the years, starting with St. Francis Hospital in 1960, then at the current Cottage Healthcare System hospitals in Goleta and Santa Ynez, and now also at the Ojai Valley Community Hospital, St. John’s Regional Medical Center, Community Memorial Hospital and St. John’s Pleasant Valley Hospital.

Pueblo Radiology of Santa Barbara is located at 2320 Bath Street, Suite 113. Santa Barbara Women’s Imaging—an affiliate practice of Pueblo Radiology—is located at 1525 State Street, Suite 102 in Santa Barbara.

###

Pueblo Radiology Medical Group is dedicated to providing high quality diagnostic imaging services in a professional, compassionate and timely manner for its patients, referring physicians and hospital affiliates. Pueblo Radiology services are accredited by the American College of Radiology. For more information, visit www.puebloradiology.com.

Life is a marathon

Governet president Mark Svorinic gave the graduates of Pima Medical School some great advice last month. He reminded them of the importance of having a team in this marathon of life:

“You will find the encouragement, motivation, truth and perspective that your team brings invaluable. Your team will help keep you focused, honest and, at times, humble.”

— Mark Svorinic, Governet president

In treating life as a marathon, Mark encouraged the graduates to build their team, set mile markers, not get discouraged by “uphill” trials and use the flat-road times to refocus. What great advice for all of us.

Thank you, Mark!

---

Governet’s president delivers commencement speech at Pima Medical Institute

Mark Svorinic, Governet president

Mark Svorinic, president of Governet, a web-based company that creates and implements curriculum and program management software for colleges and universities around the world, encouraged graduates from Pima Medical Institute’s Mesa, Ariz. campus to build their team during a recent graduation ceremony in Phoenix.

“You will find the encouragement, motivation, truth and perspective that your team brings invaluable,” Mr. Svorinic told the 300 graduates. “Your team will help keep you focused, honest and, at times, humble.”

The graduation was held at the Chandler Center for the Arts, outside of Phoenix.

Founded in 1972, Pima Medical Institute is a medical career college with 15 campuses across the western United States. Pima prepares its students for the quickly growing healthcare industry in several fields of study. It’s the largest independently owned, private allied health school in the U.S. and is nationally accredited by the Accrediting Bureau of Health Education Schools.

In his speech, Mr. Svorinic, who has more than 25 years of experience in educational technology, compared life to a marathon and encouraged the graduates to set mile markers, to not get discouraged by “uphill” trials and to use the flat-road times to refocus.

Mr. Svorinic earned his Bachelor of Science degree in business education from the University of Arizona and his master’s degree in learning and instructional technology from Arizona State University.

###

Governet is a curriculum management systems innovator that helps colleges and universities totally automate the curriculum process: planning, approving and publishing. Through a network of individual institutions and statewide college/university systems, Governet is guiding the development of best practices standards for curriculum databases, workflow and the dissemination of curriculum information to a worldwide community of students and educators. For more information, call 208-522-1225 or visit www.governet.net.

Careful, speaking “off the record” can stay on your permanent record

By AMY MARIE OROZCO

Journalists question President Richard M. Nixon during a Watergate press conference—Oct. 26, 1973. White House Photo Office Collection.

Anything said to a journalist may be used in a story, unless a previous agreement has been made—emphasis on previous. Remember that.

Speaking “off the record” needs to be a premeditated act with a very specific agreement reached between the subject and the journalist. For many, “off the record” means the source of the information won’t be named. However, to the Associated Press and journalism schools “off the record” means information given to a reporter is for his or her knowledge only and cannot be used in a public way. Oftentimes, this off-the-record information points the reporter to a new source, one who perhaps—reporters hope—has more leeway to speak “on the record.”

What many people think of as “off the record” is technically called “on background,” which means the information given to a journalist can be used but not attributed by name. The journalist will attribute the information to an agreed upon title such as “city hall insider” or an “executive level source within the company.”

When is it appropriate to speak off the record? When you have very important information of public significance and need a promise of confidentiality, according to the Associated Press Stylebook. Only speak after you have reached a previous agreement with the reporter. The AP Stylebook also advises that “a reporter who reveals the name or identity of someone who was promised confidentiality can be held liable for breach of this agreement.”

For some critics in today’s 24/7 news cycle, off the record has become synonymous with license to attack without accountability. For journalists, off the record and on background remain cornerstones of upholding the First Amendment.

To play it safe with the media, follow Media Manoeuvres Golden Rule:

“Always assume, if you are near a journalist, camera or microphone, that you are on the record and if you don’t want to see it, hear it or read it, then don’t say it.”

How to tactfully brag about awards

Our president, Jennifer Goddard Combs often asks our clients:

“What awards or honors have you received recently?”

People sometimes seem skeptical about announcing their awards to the world. It can seem too self-promoting, and we get that.

However, it's our job to tell you that it's okay to self-promote. It's good to share your awards and honors.

Just make sure you share them with the right tone.

Keeping these tips in mind should help:

1. Name the award right out front. No pomp or frills, but also not hidden away. (See paragraph 1 in the sample press release below.)
2. Include a quote that focuses on the passion behind the award. For example, notice Terre's quote below in paragraph 2. Terre has just won an award for closing 16 mortgage loans through the Coastal Housing Partnership. In her quote, she does not focus on her award, but rather focuses on her desire to help clients have a "successful" and "easy" mortgage experience. With her passion for good customer service, it now makes sense why Terre was able to close 16 mortgage loans. In addition, Coastal Housing Partnership helps Terre make that goal a reality by allowing her to offer "wonderful benefits and saving." Terre's quote has now changed the tone of the press release from self-promoting to showing her heart to help ease the cost and stress of buying a home. It now seems good and natural that Terre receive this award.
3. Spend some time talking about the organization or group who gave the award. This prevents the press release from becoming too narrowly focused on the award winner. It spreads the PR love around a little. (See paragraph 3, for example.)

These tips should help you turn the tone of the press release while still allowing you to get some good PR mileage out of your most recent award or honor.

So think back. What awards and honors have you received recently?

---

Publicity on Noozhawk.

---

Community West Bank’s Terre Lapman earns Coastal Housing Partnership award for third consecutive period

Terre Lapman

Mortgage lender Terre Lapman is a 2013/2014 Coastal Housing Partnership Award Winner.

“My priority is always a successful and easy mortgage experience for my clients,” Ms. Lapman said. “That is why I’m honored to be a Coastal Housing Partnership lender — because it enables me to offer my clients wonderful benefits and savings.”

Coastal Housing Partnership helps lower the threshold for Santa Barbara and Ventura county residents to enter and remain in the housing market by giving significant savings and benefits when buying a home, refinancing or renting.

Ms. Lapman has achieved the nonprofit’s highest award level. Coastal Housing Partnership denotes each level with a house symbol. Four house symbols is the highest award level. Since each house symbol represents four closed deals, Award Winners must have closed a minimum of 16 Coastal Housing Partnership loans in an 18-month period to be at this top level. Ms. Lapman has achieved this highest level of service for three consecutive periods.

“Working in partnership with an outstanding group of network service partners — including lenders, real estate agents, home inspection firms and residential developers — we have helped more than 10,000 local employees become homeowners in the past 27 years,” said Corby Gage, Coastal Housing Partnership’s executive director. “We are pleased to once again honor Terre Lapman as one of our top award winners.”

During her many years of experience processing loans, Ms. Lapman has learned how to interact with real estate agents, Homeowner’s Associations and appraisers, staying hands-on through the entire process. She is a founding member of The Santa Barbara Leading Lenders, a small group of loan offers throughout the Santa Barbara area who are committed to continuing education and putting customer needs first.

Community West Bank was founded as Goleta National Bank in 1989. In 2004, the name changed to Community West Bank to better reflect the bank’s expanding footprint while emphasizing its three core services: relationship banking, mortgage lending and small business administration (SBA) lending. It has since grown and now has $550 million in assets and 130 employees at five branches — Goleta (the original), Santa Barbara, Santa Maria, Ventura and Westlake Village.

###

Community West Bank is a full-service bank focused on relationship banking, mortgage lending and small business administration lending in California. The bank opened for business in 1989, and has since grown to five branches, and additional mortgage loan and SBA loan offices. Branches are located in Santa Maria, Goleta, Santa Barbara, Ventura and Westlake Village. Member FDIC, Equal Housing Lender. For more information, call 805-692-4379 or visit www.communitywestbank.com.

When it's okay to take a back seat in PR

Even though this press release is about Abiel Acosta of Acosta Wealth Management, you'll notice in paragraph two and following that we took quite a bit of time and space telling about El Centrito Family Learning Centers.

Since we are announcing Abiel joining El Centrito's board, it is natural to include information about El Centrito; however, it is important not to curtail the explanation about El Centrito in favor of more space to list Acosta Wealth Management's services.

In a press release announcing you have joined the board of a nonprofit, too much focus or emphasis on your own business is bad form. Take the time and use the space to brag about the good work of the nonprofit you are supporting. Your business will actually benefit from taking a back seat on this one.

---

Abiel Acosta joins El Centrito board

Abiel Acosta

Abiel Acosta, CFP®, Founder and President at Acosta Wealth Management, recently joined the El Centrito Family Learning Centers Board of Directors.

Founded in 1992, El Centrito offers high quality educational and leadership services to low-income and immigrant children and families in Ventura County. The nonprofit focuses on collaborating with parents, schools and neighborhoods. El Centrito offers three main programs:

1. a STEAM Academy focused on strengthening children’s skills in science, technology, engineering, art and mathematics,
   
2. early childhood programs to prepare English-learning children for kindergarten, and
   
3. parent education programs designed to build parent leadership and encourage parent participation in their children’s education.

“I believe education is foundational to help children set ambitious goals and achieve those goals,” Mr. Acosta said. “I have seen how the staff at El Centrito effectively help build students’ confidence and instill a love of learning. I joined the board so I could encourage, support and help expand their great work.”

Mr. Acosta is a financial planner committed to helping his clients pursue long-term financial success through a diligent and proactive financial planning process. He helps professionals and small business owners have financial “sense of security” so they can focus on their businesses and families.

“I hope to use my professional experience as a financial advisor to help El Centrito continue to operate and thrive for future generations,” Mr. Acosta said.

For more information on El Centrito Family Learning Centers, visit www.elcentrito.org. For more information on Mr. Acosta, visit www.acostawealth.com. 

###

Acosta Wealth Management is a full-service financial planning firm associated with Lincoln Financial Advisors Corporation, a division of Lincoln National Corporation. Mr. Acosta is one of 67 financial planners from among 2,000 across the U.S. to belong to the Select Member group of Lincoln Financial Advisors Corp. / Sagemark Consulting — Private Wealth Services program, dealing with High Net Worth clients. This distinction shows Mr. Acosta’s commitment to client service and current success. For more information, call 805-973-5908 ext. 27 or visit www.acostawealth.com. CRN1027283-100214

Quotes are key

What makes this press release stand out? Excellent quotes.

Typically, you do not want to start press releases with a quote, but here, we weave them in to add extra sparkle.

Notice two specific things:

1. The quotes are from two different people. Having multiple speakers is more powerful than having several quotes from the same person.
2. The quotes are separated by a paragraph of text — a mini break to explain how expanding the board impacts the organization. You want to avoid, if possible, listing quotes one after another, with the exception of breaking up a long quote by one person (see below).

EXAMPLE:

"Quote," said person A.

Text.

"Quote," said person B.

EXCEPTION:

"Quote," said person A. "Quote."

"Quote," person A added.

Next time you draft a marketing piece for your company, consider adding sparkle through quotes.

---

Ambrecht associate newest member of Santa Barbara Chamber Orchestra expanded board

Catherine Karayan Wilbur

Catherine Karayan Wilbur, attorney at Ambrecht & Associates law firm in Montecito, recently joined the Board of Directors of the Santa Barbara Chamber Orchestra.

As a planned giving specialist, Ms. Wilbur will act as board secretary and spearhead the new Legacy League Endowment Committee, according to Kevin Marvin, the Chamber Orchestra’s executive director.

“We are excited and honored to welcome Catherine to our board,” Mr. Marvin said. “Her energy and talent in estate planning will certainly benefit our organization.”

Expanding the Board of Directors is part of a larger effort to strengthen and revitalize the chamber orchestra, which has performed well-known classical repertoire and hosted world-class soloists since 1978.

“As a lover of classical music, I am delighted to be able to give back to the community through the arts by my involvement with the chamber orchestra,” Ms. Wilbur said. “I hope this will be a long and beneficial relationship.”

Ms. Wilbur specializes in complex tax and estate planning issues, international estate planning issues, estate and gift tax controversy matters and estate and trust administration matters. Before joining Ambrecht & Associates, she clerked for the Honorable Kathleen Kerrigan at the United States Tax Court in Washington, D.C.

A native of Southern California, Ms. Wilbur earned her Bachelor of Arts degree in classics at Washington University in St. Louis. She then went on to earn her Juris Doctor from the University of Southern California, Gould School of Law and her LL.M. (Masters in Law) in Taxation from New York University School of Law. Ms. Wilbur is admitted to the California State Bar.

###

The Santa Barbara Chamber Orchestra strives to maintain the highest artistic quality possible, produce the finest music heard in Santa Barbara and perform well-known repertoire as well as music written in this century. Conducted by Heiichiro Ohyama, the Chamber Orchestra was founded in 1978 by then-conducting student Jeffrey Evans. Current and past SBCO musicians perform with the New York Philharmonic, Los Angeles Philharmonic, Los Angeles Opera, Pacific Symphony, Saint Louis Symphony and Santa Barbara Symphony. For more information, visit www.sbco.org.

For a unique business, start a press release with a specific example

It is a good bet that a new company will make a splash in the news — editors and reporters like being the first to announce anything new and revolutionary. If that new, revolutionary thing is a new business, new jobs and a new product or service, they just got a 3-for-1 deal.

Although Critical Solutions is not a new company, it is new in Santa Barbara thanks to a recent expansion.

This expansion is the focus of the press release below.

Since the name "Critical Solutions" does not clearly explain this company's service, notice how the first sentence focuses on a specific, relatable example. A first sentence like this: "Critical Solutions Protective Services Group is now offering its protection services in Santa Barbara County," does not give the clear explanation and interest as the first sentence used below.

While, in most cases, you want the company name at the top, it is okay in this and similar instances to wait until the second paragraph.

---

Private protection group expands into Santa Barbara

Adam Bercovici

The security company behind the first active anti-terrorism security program at a major American mall is now offering its private security services to Santa Barbara County residents.

Critical Solutions Protective Services Group specializes in executive and celebrity protection, event security, corporate security, estate and residential security details, healthcare and hospital security and private school safety security. The company also offers security trainings and assessments.

“It is an unfortunate truth of our day and age that robberies and the threat of terrorist attacks are on the rise while police departments’ budgets are being reduced,” said Adam Bercovici, a retired Los Angeles Police Department lieutenant and Critical Solution’s Chief Executive Officer, now based in Carpinteria.

Critical Solutions employs off duty and retired police officers who have extensive experience and proven loyalty. Employees have experience in tactical, surveillance operations, consulting, large venue security and retail security, according to Mr. Bercovici.

“We are excited about our recent expansion to Santa Barbara,” said Joseph Scully, an attorney and Critical Solutions partner. “We want to help our clients feel as safe and secure as possible, no matter what the occasion.”

“Customer care is one of our top priorities,” Mr. Bercovici said. “We remain available to our clients day and night, and we solve problems as discreetly and confidentially as possible.”

Based in California, Critical Solutions operates in the United States and has employees in the United Kingdom and Europe.

For more information, call 800-278-4575 or visit www.criticalsolutionspsg.com. 

###

Critical Solutions Protective Services Group is a threat assessment, risk management and integrated security company based in Los Angeles. With 25 years of private security industry experience, the law enforcement professionals who own and operate Critical Solutions provide security services to progressive leaders in business, politics and entertainment. For more information, call 800-278-4575 or visit www.criticalsolutionspsg.com.

Being sensitive with labor agreements

Labor and union agreements are news. Even though the media usually prefers a nice, long, drawn-out, seemingly insurmountable negotiation process, labor agreements are newsworthy.

Be cautious here, though — unions are usually quite sensitive about which negotiation and/or agreement information can be shared, while the media wants as many details as possible. To get picked up, share as many details as you can without making the union uncomfortable.

---

Published on Noozhawk.

---

Santa Barbara Chamber Orchestra finalizes labor agreement with musicians in record time

The Santa Barbara Chamber Orchestra and the American Federation of Musicians Local 308 have finalized their union labor agreement for the next three concert seasons.

“The board and the musicians were able to negotiate the Collective Bargaining Agreement so quickly because we share the same vision for the future of the orchestra and its importance to the Santa Barbara community,” said Kevin Marvin, Santa Barbara Chamber Orchestra Executive Director.

Local 308, the labor union for professional musicians located in Santa Barbara, represents the 30 to 40 musicians in the Santa Barbara Chamber Orchestra. The national union comprises 424 Locals representing 85,000 musicians throughout North America.

The Santa Barbara Chamber Orchestra, a critically-acclaimed chamber orchestra that has performed well-known classical repertoire and hosted world-class soloists since 1978, kicks off its 2014-2015 concert season with a tango-themed gala event titled “Tapas and Tango” and presented by Chaucer’s Books. The gala starts at 5:30 p.m. on Saturday, Nov. 1 at the Lobero Theatre. Professional tango dancers Sandor and Parissa, from ABC’s Dancing with the Stars, will perform during the gala. The concert, sponsored by the Walter J. & Holly O. Thompson Foundation, starts at 7:30 p.m. and will feature Antonio Vivaldi’s Four Seasons and Astor Piazzolla’s Four Seasons of Buenos Aires.

###

The Santa Barbara Chamber Orchestra strives to maintain the highest artistic quality possible, produce the finest music heard in Santa Barbara and perform well-known repertoire as well as music written in this century. Conducted by Heiichiro Ohyama, the Chamber Orchestra was founded in 1978 by then-conducting student Jeffrey Evans. Current and past SBCO musicians perform with the New York Philharmonic, Los Angeles Philharmonic, Los Angeles Opera, Pacific Symphony, Saint Louis Symphony and Santa Barbara Symphony. For more information, visit www.sbco.org.

Using a generous gesture to garner publicity

As we shared in a previous blog post, 

“Editors and reporters are not in the business of advertising companies. They care more about how your business engages and benefits the community than how your business makes you money. Yes, they are interested in new products ... but they are more interested in how those products benefit the community and the public.”

So, when Community West Bank employees volunteered for a local Habitat for Humanity build, we were able to capitalize on their generosity and get them published in local publications.

It is important to mention details of the volunteer project as a whole (paragraph 2) and specific examples of what the volunteers accomplished (paragraph 3), though we do tell about the bank at the end.

The important thing here is not that everyone who reads the story knows Community West Bank's specialties, but becomes familiar with their name and associates their name with philanthropic project.

---

Published on Noozhawk and in CASA Magazine.

---

Community West Bank helps build Habitat for Humanity homes

L to R: Cynthia Hooper, Terre Lapman, Eric Swanson, Christine Navarro, Sean McCulloch, Debi Scott, Chris Lem, Marty Plourd with daughters Makenzie and Audrie Plourd, Eric Schapel, Carlyn Smith, Jon Apilado and Joshua Lem.

Fourteen Community West Bank employees volunteered their Saturday to help build Habitat for Humanity’s Canon Perdido Affordable Homes Project.

The project, located at 822 and 824 E. Canon Perdido St., comprises 12 new affordable homes for low and very-low income families. The three-, two- and one-bedroom units range between 750 and 1,200 square feet each and will be certified “Passive Houses,” with the goal of near zero energy usage.

Community West Bank volunteers painted, helped dig holes for fence posts, weeded and cleared the construction site. In addition to donating their time, the team also donated money for the paint and other supplies they used, according to Carlyn Smith, senior vice president and community reinvestment officer at Community West Bank.

“Everyone had a wonderful time,” Ms. Smith said. “Working alongside the homeowners gave us such enthusiasm and a great sense of accomplishment. Affordable housing is near and dear to my heart. The bank has supported and donated to Habitat’s great work for years; however, this year, we were glad to also contribute some sweat equity. Partnering with the homeowners and seeing their pride in ownership — that was the best investment.”

Community West Bank hopes to expand its partnership with Habitat for Humanity in the future, Ms. Smith said.

“We hope to offer more financial education for Habitat homeowners — from lending prospective to deposit prospective,” she said. “We want to be a resource to anyone who comes through Habitat.”

Community West Bank was founded as Goleta National Bank in 1989. In 2004, the name changed to Community West Bank to better reflect the bank’s expanding footprint while emphasizing its three core services: relationship banking, mortgage lending and small business administration (SBA) lending. It has since grown and now has $550 million in assets and 130 employees at five branches — Goleta (the original), Santa Barbara, Santa Maria, Ventura and Westlake Village.

###

Community West Bank is a full-service bank focused on relationship banking, mortgage lending and small business administration lending in California. The bank opened for business in 1989, and has since grown to five branches, and additional mortgage loan and SBA loan offices. Branches are located in Santa Maria, Goleta, Santa Barbara, Ventura and Westlake Village. Member FDIC, Equal Housing Lender. For more information, call 805-692-4379 or visit www.communitywestbank.com.

GIMME A GRABBER: 8 Tips for Writing Effective Headlines

By AMY MARIE OROZCO

It’s the headline that makes the sale in the publicity marketplace. The headline’s the one that grabs and holds the editor’s roving eye. No matter how brilliant your story may be, it won’t be read without the siren song of a headline.

Good to know, right? Better to know, though, is how to write a great headline.

1. Keep it simple and direct. The goal of a headline is to hook the reader. Even with all the changes the digital era has brought, the typical headline remains only five to eight words. Examples: “Unresponsive Private Plane Crashes Off Jamaica” from the HuffingtonPost.com, and “Assassin Kills Kennedy: Lyndon Johnson Sworn In” from the Chicago Tribune.
2. Express a complete thought. A headline has a verb, a subject, and sometimes an object. The stronger the verb, the better the headline will be. Examples: “Lava Threatens to Cut Off Town” from CNN.com and “Titanic Sinks Four Hours After Hitting Iceberg” from The New York Times.
3. Be specific. Readers make decisions in milliseconds. Don’t lose them by making generalities. Capturing their attention is in the details.
4. Save the one- and two-word headlines for earthshaking events. Example: “Diana Dead” from The Daily News.
5. Avoid the status quo. “No Word on New Tax Initiative” tells the reader not to bother reading. “Traffic Remains Top Commuter Complaint” is sure to induce a big yawn. 
6. Watch the hyperbole and exaggeration. Forego using miracle, amazing, breakthrough, and other such words indicating the copy to follow is full of hot air. 
7. Sidestep the “Upworthy Style.” Don’t bother with the trendy teasers hogging papering cyberspace, such as “This little boy was wheelchair-bound since birth. What happened at his aunt’s wedding will blow your mind.” Or, “This dog nursed an orphaned raccoon. You won’t believe the end result.”
8. Apply the “doo-dah rule.” To make sure the headline sings (sounds good to the ear), say “doo-dah” after it. If there is a rhythm, you are good to go. Examples: “Nixon Resigns doo-dah” and “Dewey Defeats Truman doo-dah doo-dah.”

Residential Solar Panel Use in California and Impacts Upon Neighbors

---

Published in Citations, the magazine of the Ventura County Bar Association.

---

By MARK F. MILLER

We have all seen or heard the ads beckoning homeowners in Southern California to turn their roofs into power generation plants through the installation of purchased or leased solar panels and, thereby, avoid all or a large portion of their monthly electric bills. Some ads promise that (if leased) the panels can even be installed at no cost to the homeowner. What is not discussed is that many legal issues – regulatory, contractual and impacts upon neighbors – may arise in connection with installing photovoltaic (PV) panels. Failure to heed these issues can result in potential litigation and liability, loss of investment, loss of insurance coverage or enforcement by governmental authorities or homeowner associations.

PV panels convert sunlight into electricity, which is then converted into AC current suitable for household use. Panels generally require little-to-no maintenance, usually have no moving parts, and do not produce carbon emissions. Panels can be purchased outright but are usually the subject of complicated leasing arrangements with the installers, in which a one-time lease payment is made in exchange for the prospect of future free or reduced electricity costs. The market value of the property may be affected, as some buyers may be attracted to a home with a solar panel, while others may consider the risks and drawbacks off-putting. Uncertainty exists as to ownership of the panels in the event of foreclosure of the property.

California’s solar access laws appear in the Civil, Government, Health and Safety and Public Resources Codes. Civil Code section 801.5 provides that neighbors may sign solar easements to ensure proper sunlight is available for PV panels. Government Code section 65850.5 permits subdivisions to include solar easements applicable to all subdivision plots. Public Resources Code section 25980 contains the Solar Shade Control Act (SSCA), under which trees and other natural shading planted after installation of a solar collector may not cast a shadow that covers more than ten percent of a neighboring property’s solar collector absorption area between the hours of 10 a.m. and 2 p.m.

Nuisance (Civ. Code, § 3479) is the “unreasonable interference with the use and enjoyment of the property of another.” One potential nuisance impact from PV panels is extreme glare. In certain alignments, mirror-surface solar panels may direct and concentrate reflected sunlight (and intense heat and glare) toward neighboring properties. In one well-publicized example, the mirrored convex surface of a London skyscraper concentrated sunlight into a “death ray” that melted the interior of a nearby parked Jaguar. A dearth of case law exists in California as to allowable levels of heat, light, glare and inconvenience that may be directed by PV panels to a neighbor’s property. By analogy, provisions of the Los Angeles Municipal Code restricting exterior lighting may be useful. LAMC § 93.0117, provides that “no exterior light source may cause more than two footcandles (21.5 lx) of lighting intensity or generate direct glare onto exterior glazed windows or glass doors; elevated habitable porch, deck, or balcony; or any ground surface intended for uses such as recreation, barbecue or lawn areas or any other property containing a residential unit or units.” Until the heat and glare issue is clarified, it is prudent for PV owners in residential areas to minimize impacts on neighbors through use of solar panels constructed with non-reflective tinted glass.

Another potential adverse impact on neighboring properties from PV panels is loss of view. There is no general protection for light, air or view in California; however, exceptions exist for (a) recorded height restriction covenants; (b) municipal view ordinances; (c) CCRs; and (d) “spite walls” (or “living walls,” per cases holding that a massed line of trees planted for spiteful purpose can constitute a “living spite wall”). Height limitations for PV panels are contained in LAMC §12.21.1B(3) which specifies the allowable height deviation for certain roof top features and states: “In all zones, Solar Structures may exceed the roof surface by three feet even if the roof surface is at or above the allowable building height limit.”

Prohibitions and restrictions against use of solar panels may be contained in CCRs, architectural guidelines or rules and regulations of homeowner associations or CIDs. Civil Code section 714, subdivision (a), part of the Solar Rights Act, renders “void and unenforceable” any covenant, restriction, or condition “that effectively prohibits or restricts the installation or use of a solar energy system.” Subdivision (b) makes this prohibition inapplicable to provisions that impose only “reasonable” restrictions on solar PV, i.e., those which do not “significantly” increase the cost of the system or decrease its efficiency or performance. Subdivision (d) defines a cost increase of more than $2,000 or efficiency decrease of more than 20 percent as significant.

The Public Utilities Commission has made retrofit installation rebates available to energy customers of the state’s three investor-owned utilities – Pacific Gas and Electric Company, Southern California Edison and San Diego Gas and Electric – through the California Solar Initiative. On the federal level, a personal tax credit is available for certain qualified residential and commercial solar installations; the credit is 30 percent of the cost of a system “placed in service” from Jan. 1, 2006 through Dec. 31, 2016.

A description of energy cost advantages to consumers from PV and guidelines for safe PV installation are found on the state’s “Go Solar California” website. “Net energy metering,” is a billing arrangement that provides credit to customers with solar PV systems for the retail value of the electricity their system generates. The customer’s electric meter tracks the amount of electricity consumed by the customer and the amount of excess electricity generated by the system and sent back into the electric utility grid. Over a 12-month period, the customer pays only for the net amount of electricity used from the utility (plus certain distribution costs).  Customers who generate a net surplus of energy at the end of a twelve-month period can receive payment for the excess energy under special utility tariffs.

In PV panel placement, careful consideration should be given to regulatory zone, permit and code requirements, as well as impacts upon neighbors. Failure to consider these matters may cause losses or potential liability that far exceeds any energy cost savings realized from the PV installation.

Mark Miller is a partner at Manfredi, Levine, Eccles, Miller & Lanson, APC in Thousand Oaks. He has considerable experience in real estate, business and insurance litigation, real estate development, construction and management and insurance coverage matters. To contact Mr. Miller, call 805-379-1919 or email mmiller@manfredilevine.com.

Names Worth Millions

---

Published in Citations, the magazine of the Ventura County Bar Association.

---

Michael Jackson

Marilyn Monroe

Jackie Robinson

By DOUGLAS BORDNER

What do Marilyn Monroe, Michael Jackson and Jackie Robinson have in common? Names worth millions.

Over the past several years, there has been much news coverage of the income generated by the estates of deceased celebrities, including deceased entertainers and sports figures. Forbes magazine reported on October 23, 2013 that Michael Jackson’s estate earned an estimated $160 million dollars between June 2012 and June 2013. Elizabeth Taylor’s estate earned an estimated $210 million in 2011 and $25 million dollars in 2012. Elvis Presley’s estate earned an estimated $55 million dollars in 2013, and Bob Marley’s estate earned an estimated $18 million dollars in 2013. This has not always been the case. Only recently, with changes in the law, have families of deceased celebrities been able to both profit from their names and likenesses, and adequately protect their names and likenesses.

In 1971, the State of California enacted Civil Code section 3344, which allowed a living individual to recover damages for the unauthorized use of his or her name, photograph or likeness for commercial purposes. However, this law did not extent to deceased individuals. As the common law right was derived by the laws on privacy, it was not transferable upon death and the rights of publicity expired when the individual died. With the invention of television and film, companies began to use the name and likeness of deceased individuals to market products using clips of entertainers in television commercials. The most famous one being a clip of Fred Astaire from “Singing in the Rain” in a commercial for vacuum cleaners.

Families of several deceased celebrities attempted to prevent their famous deceased relatives’ names, likenesses and voices from being used without their permission and without compensation, but California courts ruled that deceased celebrities had no rights; the rights died with them. As a result, several families of deceased entertainers, including the family of the late Fred Astaire, lobbied the California Legislature to change the law. In 1984, California passed California Civil Code section 3344.1, commonly referred to as the “Astaire Celebrity Image Protection Act.” Under the law, a right of publicity was created for deceased celebrities for 70 years from the date of death. Subdivision (a)(1) subjects “any person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from” specified persons, to any damages sustained and to liability for “the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the injured party or parties, as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages…”.

Further, section 3344.1, subdivision (b) provides that a deceased celebrity’s name, image and likeness are freely transferable by contract, will, trust or other testamentary instrument.   

Before 2007, courts held that section 3344.1 only applied to celebrities who died after 1985. (Milton H. Green Ar-chives, Inc. v. CMG Worldwide, Inc. (C.D. Cal. 2008) 568 F.Supp.2d 1152.)

In part in response to Milton H. Green Archives, the Legislature changed the law to apply to deceased celebrities who died either before 1985 or after 1985. This allowed the estates of deceased celebrities such as Marilyn Monroe, Spencer Tracy and others to protect and profit from their names and likenesses, and to prevent unauthorized use of the names and likenesses for commercial purposes. Allowing families of deceased celebrities to market their loved ones’ names and likenesses in some cases has resulted in earning millions of dollars,  sometimes even more than the celebrity earned while alive.

For a family to enforce their rights under this law, to the owner of the name and likeness of a deceased celebrity must file with the California Secretary of State’s Office a form titled Registration of Claim of Successor-In-Interest, setting forth the ownership percentage owned in the name and likeness. If this form is not filed, a family cannot recover damages for the unauthorized use of the name and likeness of a deceased celebrity.

What does this mean for attorneys in California? For estate planning attorneys, if you represent celebrities or the families of deceased celebrities, you should familiarize yourself with this area of law. Estate planning documents that you prepare for a client should address the name, likeness and image of a celebrity as a transferable property right, just as any other property owned by an individual. In addition, any attorney representing a family of a deceased celebrity should also make sure that the Claim of Successor-In-Interest form is filed with the Secretary of State.

Not all states have similar laws to protect the name and likeness of a deceased celebrity. If the deceased celebrity did not reside in California at the time of death, California law may not protect the rights of the deceased celebrity.

With new technology and the ability to make deceased celebrities appear in commercials, films, and at concerts, the protection of deceased celebrities’ rights in their names and likenesses will continue to be a growing area in the transactional sector, as well as in litigation.

Douglas Bordner is a partner at Myers, Widders, Gibson, Jones & Feingold, LLP in Ventura. He represents developers, architectural firms, engineering firms and real estate investors. He also handles business acquisitions, mergers, and international software licensing and distribution agreements. Call 805-644-7188 or email dbordner@mwgjlaw.com.