AAA Gets an “F” For Dumping Agents, Leaving Customers in the Lurch

 AAA TruckTriple-A has been American drivers’ friend almost since U.S. roads linked the nation together. It has rescued families from flat tires and worse. It has planned millions of family vacations and sold well-regarded auto insurance. It has always skewed toward older drivers and welcomed their devoted renewal of memberships. Its employees got good benefits and stayed with the organization.

For all those reasons, it’s a shock to hear that-at least in Northern California-AAA is dumping senior employees like so much excess baggage, according to a lawsuit filed by 10 of them. At AAA’s California State Auto Club branch, successful veteran insurance agents report being fired or forced out and replaced with younger, cheaper hires and call center employees.

Drivers who have kept up their AAA memberships for decades should be steamed about this on principle. But there are practical reasons to be angry, especially for drivers with AAA auto, home or boat insurance.

The laid-off AAA insurance agents are the people you would have called if you had a policy question or problem with a claim. Or if you wanted to add your child to a policy. Or maybe just for advice-for instance about whether a rental car is covered or whether your auto insurance is good in Canada.

Where are you going to get that help now? Who you gonna call?

Your file would likely become a “house account,” often with no agent assigned. Maybe the call center kid can find your file, put you on hold and hunt for a manager to help him figure it out. The hourly workers answering the phone won’t know you from Adam.

If the same thing is going on at other AAA chapters, it’s not likely the public will know unless more lawsuits emerge.

Judy DuganThe “why” of these dismissals is not complicated. Insurance agents get bonuses when they sell new policies and smaller yearly payments from the insurance company as policies are renewed. The agents are expected to earn your loyalty and keep you in the fold.

The senior agents service up to thousands of policies built up by sales over the years. This takes time, so they may sell fewer new policies.

By dismissing the agents, CSAA gets to keep their yearly servicing payment.

CSAA’s bet is that you won’t care enough to endure the thrash of taking your business elsewhere. The fact that anyone laid off at age 50 is unlikely to ever find a comparably paying job? Not AAA’s problem.

Layoffs off of older, higher-paid employees are nothing new in modern corporate culture. But this is a case when the fallout also harms the customer in a direct way. It’s worth thinking about before you dial the number on the AAA insurance brochure you got in the mail.


Posted by Judy Dugan, Research Director Emeritus for Consumer Watchdog

Justice Joyce Kennard to Step Down April 5

After serving 25 years, justice steps down

by Brian Leubitz

Gov. Brown will get to make another appointment to the California Supreme Court, after Justice Joyce Kennard announced her retirement.

Kennard, 72, plans to resign effective April 5, giving Gov. Jerry Brown his second opportunity to fill a California Supreme Court vacancy after having appointed Justice Goodwin Liu in 2011.(SacBee)

Justice Kennard’s resignation date of April 5 will be exactly twenty-five years after she was appointed by Gov. Deukmejian.  Though appointed by a Republican, Kennard wasn’t a hard-liner. She was definitely business friendly, but also wrote a strong concurrence in In re marriage cases striking down Prop. 22 and allowing for our brief period of marriage equality back in 2008.

In holding today that the right to marry guaranteed by the state Constitution may not be withheld from anyone on the ground of sexual orientation, this court discharges its gravest and most important responsibility under our constitutional form of government. There is a reason why the words “Equal Justice Under Law” are inscribed above the entrance to the courthouse of the United States Supreme Court.

Given that he has a couple of months before she retires, Brown will likely take a few weeks to vet candidates for the post. A mid-March announcement seems the likeliest right now.

Three Judge Panel Designs Plan to Reduce Prison Population within Two Years

San Quentin State Prison California taken from a passing ferryPanel say the delays are costing the taxpayers

by Brian Leubitz

At some point, whether this year or two years from now, the state will have to get the prison population down to 137.5% of its designed capacity, or around 112,000 prisoners. Gov. Brown has been working on that primarily through realignment and shifting prisoners to private prisons out of state. The three judge panel took a look and decided the deadline should wait. But there’s a catch in the ruling (Full court order here):

Under Monday’s order, the state has until Feb. 28, 2016, to reduce the inmate population in its 34 adult prisons – designed to hold 81,574 inmates – to 137.5 percent of its current design capacity. State prisons now house roughly 117,600 inmates. The order requires the number to be reduced to 112,164 and bars the state from sending inmates to out-of-state prisons to get to that level. (SacBee)

Beyond that agreement not to send prisoners out of state, the state also agreed that they would seek to reduce the current out of state population of 8,900. Furthermore, the judges went ahead and outlined how the state was going to get down to that 137.5% figure pretty explicitly, with benchmarks and an appointed compliance officer.

Many of the media reports are simply referring this order as a stay of execution, but rather it is a compromise that requires the state to meet certain conditions. Beyond seeking additional space in county jails, the state will implement the following 8-point plan agreed to by the court:

(a) Increase credits prospectively for non-violent second-strike offenders and minimum custody inmates. Non-violent second-strikers will be eligible to earn good time credits at 33.3% and will be eligible to earn milestone credits for completing rehabilitative programs. Minimum custody inmates will be eligible to earn 2-for-1 good time credits to the extent such credits do not deplete participation in fire camps where inmates also earn 2-for-1 good time credits;

(b) Create and implement a new parole determination process through which non-violent second-strikers will be eligible for parole consideration by the Board of Parole Hearings once they have served 50% of their sentence;

(c) Parole certain inmates serving indeterminate sentences who have already been granted parole by the Board of Parole Hearings but have future parole dates;

(d) In consultation with the Receiver’s office, finalize and implement an expanded parole process for medically incapacitated inmates;

(e) Finalize and implement a new parole process whereby inmates who are 60 years of age or older and have served a minimum of twenty-five years of their sentence will be referred to the Board of Parole Hearings to determine suitability for parole;

(f) Activate new reentry hubs at a total of 13 designated prisons to be operational within one year from the date of this order;

(g) Pursue expansion of pilot reentry programs with additional counties and local communities; and

(h) Implement an expanded alternative custody program for female inmates. (Order at p. 3)

The Compliance Officer will be checking in with the court, but the court plans on retaining jurisdiction over the prison system until the reductions are deemed “durable.”

In the end, this is a very reasonable plan for all parties. It makes the prison system safer and healthier for prisoners and guards. It will shift focus from parole violaters and other low-risk offenders to the most dangerous elements in the prisons. There is a lot of evidence that we can make our communities safer through more rational sentencing, and perhaps this can be the hammer that prods us along that course.

Preliminary Endorsement Recommendations from the CDP Pre-Endorsement Conventions

Recommendations will have to be ratified at CDP Convention in early March

by Brian Leubitz

The CDP released its recommendations from the pre-endorsement conventions held in each of the regions this weekend. You can check out the full PDF here. In some of the competitive races, Tim Sbranti got the nod in AD-16, Dan Wolk in AD-04, and Ted Leiu in CD-33. Meanwhile, several districts will be going to caucus at the convention, including AD-15 in the Berkeley area, AD-07 in Sacramento, and the somewhat intense race between Eric Swalwell and Ellen Corbett in CD-15.

All of these recommendations are subject to ratification at the CDP convention in Los Angeles on March 7-9. You can get the full details of the CDP endorsement process here.

SD-Mayor Race Comes Down to Last Minute as President Obama endorses Alvarez

california_nurses_association_endorses_david_alvarez_mayor_DA2Councilmember David Alvarez looks to increase GOTV on election day tomorrow

by Brian Leubitz

David Alvarez was a little behind the game when he squeaked into the second run-off spot for the special election after former Mayor Filner was forced to abdicate the post.  Kevin Falcouner had a lead, and had mostly consolidated the Republican base in the city. On the other hand, Alvarez was coming off a contentious race against Republican turned Independent turned Democrat Nathan Fletcher. Fletcher endorsed Alvarez, and quietly stepped away from San Diego politics, leaving a lot of wounds to heal.

But, slowly that process has occurred and Alvarez is now showing strong support from Democrats and beyond. While iti is technically a nonpartisan race, the city of San Diego went strongly for President Obama in both 2008 and 2012. In 2012, over 61% of the vote went to Obama, and that makes the news of his endorsement in the race that much more powerful:

“As a native San Diegan, David Alvarez has been a fierce advocate for his city, and on the Council, has led efforts to build a strong middle class, put neighborhoods first and expand opportunities for kids in and out of school,” Obama said in a statement. “Today, with the city’s economy and neighborhoods poised to make progress there is no question that David is the right choice to be San Diego’s next mayor and I am excited to support him.” (KPBS)

But, there is a lot of work to be done. The race is a dead heat in recent polling, and turnout will be critical. You can make calls to help GOTV through the CDP here. Better yet, if you are in the San Diego area, there is simply no replacement for door knockers on election day.  Click here for an event calendar and to get involved tomorrow.

Iron Kay — Insurance Companies Pick Fight With Wrong Family

Iron KayDan Shea’s Aunt Kay was 83, vibrant and healthy in 2011, when she suffered terrible injuries in a head-on accident. Kay spent five months in the hospital rehabilitating and being repaired with so many metal parts that the family dubbed her “Iron Kay.”

Then the real fight began-one that changed Dan, a San Diego civic booster and Republican notable, into an implacable foe of insurance company tactics. He’s told Kay’s story in a short, even charming, video, “The Iron Lady,” that calmly exposes corporations trying to outwait Kay’s lifespan to preserve their profits.

Farmers and two affiliates of Nationwide have been resisting a settlement for more than two years and counting. It’s costing the corporations a bundle, but if Kay dies before their legal options run out, they’ll save a bundle. It’s a perfectly legal tactic, which Dan is determined to change. The fight is Kay’s reason for living through her pain.

Kay will never be the same: She can’t drive and can barely walk. She’s living with family and dependent on them. But she’s fully determined to get as far back to normal as possible.

Kay expected to at least recover financial independence, even after $800,000 in hospital bills. Both Kay and family of the 17-year-old boy in the truck were very well-insured by major companies. The boy was at fault, but there was no rancor between the families.

Then they encountered the insurance lawyers. It ultimately dawned on them that the insurance companies would benefit by delaying until Kay died, to make most of their liability disappear.

Kay originally did not want to sue, so Dan asked for mediation. Farmers Insurance, the boy’s insurer, agreed but stalled for months. Then the insurers offered a ridiculously low settlement–barely over half of the medical bills, much less her ongoing medical costs. Then they stalled some more and tried intimidating Kay with a long deposition about her life since adolescence.

When the case got to court in October of last year, within a few days a jury spurned the insurers’ argument that they really owed little, and awarded Kay $2.1 million dollars.

Kay hasn’t gotten a penny. The insurance companies stalled again, and on January 7 they demanded a new trial. When it’s denied, they can file for an appeal. That could string out for a year or two.

Dan Shea found that having plenty of insurance, no matter how much it costs in premiums, doesn’t mean the company will protect you when you need it. And that everything the insurers have done is within the law.

Dan and his family have the determination and resources to keep fighting, and Dan is calling on state legislators to fix these interminable delays.

The fix shouldn’t stop at auto and property insurance. There are also horrible insurance company incentives embedded in state medical malpractice law. For instance, if an infant is severely disabled by medical negligence, insurers for the doctor and hospital could have to pay millions for a lifetime of expert care.

If the baby somehow dies, its economic value dies, too. The law in California restricts dead-child lawsuits to such a low payout that grieving parents usually can’t even get a lawyer to take their case. So what incentive does an at-fault hospital or doctor have to keep that baby alive?

The same is true if the wronged patient suffers a terminal illness-why pay now if you can stall until the problem literally goes away?

We need more people with Dan’s determination to change this.


Posted by Judy Dugan, Research Director Emeritus for Consumer Watchdog.

Six Californias Make Far Less Sense than One

Venture Capitalist Tim Draper’s Initiative Proposal Won’t Work

by Brian Leubitz

There is really no hedging necessary in that above statement. California clearly has regionalism, in government and in culture, to break into six states as Draper proposes in his potential ballot measure. Not only would the breakup cause huge water issues, but the finances would simply break down. Fortunately for us, the LAO broke it all down in a nice easy report.

At times, some conservative Central Valley legislators talk about how coastal California legislators are just too spend-y, and if they had their way, they would run a lean ship. Turns out they would need to, as the potential Central Valley state envisioned by Draper’s plan would be among the nation’s poorest states, with the state of Jefferson not too far behind.

There is also the troubling issues the lines in this new state raise serious questions. Why, for example, is Marin County part of “Northern” California rather than the Bay Area state of Silicon Valley? If you do switch Marin to Silicon Valley, income levels of Silicon Valley would go up further, and North California would fall back substantially.

The bigger question is how each state would be able to produce a budget. Central California would have the highest need for social services, but the lowest revenue. Meanwhile, Silicon Valley would be flush with income and property tax revenues. Hey, looks like the children of Silicon Valley will be getting iPads in the classroom.

Beyond that, there is the fact that the distribution of facilities is far from equal. There are more prisons in the Central Valley, but the UC/CSU campuses are spread all over the state. This proposal would mean more administration costs for those systems, hardly what they need right now.

In the end, why bother with this? Yes, there is occasionally tension because of water, or spending or what not, but this is simply rash to break up the state. Yes, we are headed to 50 million people, and Sacramento can be distant. But surely there is something between doing nothing and breaking up the state. We can do more to empower the counties to bring government closer, expand “realignment” beyond the criminal justice system.

As a thought exercise, though, this was a valuable report. It gives us a lot of information about how wealth and resources are divided and implies that we can do more to bring government close. I’m not sure the LAO would have done this sort of exercise without this sort of impetus. So, at least something valuable came out of this, and one suspects that we aren’t likely to see this measure on the ballot anytime soon.

Keystone XL Builder Has Explosive Problems

TransCanada, the company that would build and own the Keystone XL oil pipeline from Canada’s tar sand fields to the U.S. Gulf Coast, has dialed up its lobbying in Congress after a U.S. State Department report that favored the pipeline. The giant oil pipeline is perfectly clean and safe, say the lobbyists. TransCanada will be using the best, newest technology, monitoring and materials. The citizens of Montana, South Dakota, Nebraska and points south need not worry their little heads.

Then, BOOM! A TransCanada natural gas pipeline in Manitoba, Canada blew up in a spectacular fireball on January 25, reaching hundreds of feet into the air. It burned for 12 hours and only its rural location prevented a human catastrophe. (A nearly identical gas pipeline explosion in San Bruno, California killed eight people and burned a neighborhood in 2010). A TransCanada pipeline in Ontario exploded in a nearly identical manner in 2011. Another TransCanada pipe in Ontario blew up in 2009 as well.

TransCanada ExplosionA week after the Manitoba blast, TransCanada still didn’t know what caused it, or wouldn’t say.

Oil pipelines may fail without fireballs, but are no less dangerous to neighbors and the environment. No matter what a pipeline carries, maintenance and vigilance matter. But keeping a pipeline from exploding-or gushing a lake of flammable, toxic crude oil into local water supplies-isn’t a profit center. (What would pour out of Keystone XL is actually a slurry of corrosive tar and chemical-laced, highly flammable thinners.) To a corporation, safety spending is a dead loss. Only the lip service is free.

Ronald Reagan famously said of negotiating with the Soviet Union, “Trust, but verify.” The same goes for the promises of TransCanada, yet U.S. pipeline regulators are too strapped for staff and money to verify even existing pipeline safety, according to a New York Times story.

Another TransCanada pipeline explosion in 2009, in Ontario’s northern wilderness, was blamed on “95% corrosion” of the pipe. A Canadian government report said TransCanada’s inspection tools “failed to accurately assess” the level of corrosion.

The real question about the Keystone XL pipeline is why the United States should bear all of these risks, for no reward. A Consumer Watchdog study last year found that the pipeline, by sending Canadian oil overseas from the Gulf Coast, would actually raise gasoline prices in the U.S. The number of permanent jobs created would be paltry. Domestic oil production is rising and U.S. consumption is falling, so there is no economic rationale for more tar sands oil.

The XL pipeline, with all its attendant risks of spills, pollution–even deliberate vandalism or terrorism–is being built through America but not for America.

Canadians who understand the danger are turning down proposals for oil pipelines to their own Pacific coast.

Oh, and the U.S.State Department report that TransCanada’s lobbyists are waving so proudly? It was drafted by a subcontractor with financial ties to TransCanada. Chalk up one more reason why the U.S. should decline to be TransCanada’s beast of burden.


Posted by Judy Dugan, Research Director Emeritus of Consumer Watchdog.

Fluke Opts for Senate Race

Sandra FlukeReproductive rights activist looks to run for Ted Lieu’s soon to be vacant seat rather than Congress

by Brian Leubitz

Congress seats in the age of term limits, even in the new 12 year age of term limits, are precious objects. And so the melee over Henry Waxman’s CA-33 continues to heat up. Sen. Ted Lieu is definitely in the race, as is former mayoral candidate Wendy Greuel. Rumors are flying about a number of other candidates, but Fluke has made her intentions clear:

Fluke late Tuesday said she would run for the state Senate in California instead of for the retiring Rep. Henry Waxman’s (D-Calif.) House seat.

The woman derided in 2012 by Rush Limbaugh as a “slut” because of her calls for birth control to be covered as part of health insurance said she strongly considered running for the House, but decided a campaign for the state Senate was the better fit.

“I am extremely moved by the outpouring of local and national support I have received since I announced that I was considering running for office. My entire career has been devoted to the public interest, whether representing victims of human trafficking or advocating for working families,” Fluke said in a statement.(The Hill)

Fluke will be a very strong candidate in a slightly less crowded field in SD-26, especially with the endorsement of Rep. Janice Hahn. Though an open senate seat is still likely to draw attention. Former Assemblymember Betsy Butler and School Board member Ben Allen are rumored candidates there.

Brown: We don’t need more legislation on water from DC

Governor calls GOP legislation an “an unwelcome and divisive intrusion”

by Brian Leubitz

The GOP really thinks the drought is good for them politically. Problem is, there isn’t that much that can really be done to ease the effects, other than a rain dance and monkeying around with precedence of water users.

But the GOP wants to be seen as doing something, so Speaker Boehner flew to the Central Valley for a photo-op and to announce legislation that would change how water is used in the Central Valley. Because water distribution in the arid southwest is a dizzying array of federal and state law, that could mean tossing a flaming bag of dog feces into the mix of already complicated water precedence. But, the folks with power in the districts that elected the California Republicans are generally big ag interests, the GOP Congress members have their marching orders. Bring water back to Big Ag.

So, the legislation they introduced in late January would do that in the short term, and try to gin up support to get more water for Ag in the long term. The short term solution is to just keep pumping until there is no more water to pump. Tough luck salmon!

There are no cheap or easy solutions for that long-term question, but they are trying to score points by pointing at the Senate. Trouble is, in reality, both of our Senators have been working on this issue for a long time, and have an opinion on the so-called Senate inaction. In fact, they already wrote a letter to the President outlining a real plan for action:

The state’s other senator, Barbara Boxer, was less charitable in her assessment of the proposal, saying in a statement that it was “old ideas that ignore many of the stakeholders counting on a real solution to this devastating drought.”

Boxer urged Republicans to support a three-point plan she and Feinstein outlined in a letter to President Obama. The proposal calls for appointment of a drought task force and a drought coordinator to work with a similar state-level effort, calling for a broad federal disaster declaration, and urging the Obama administration to direct federal agencies to expedite water transfers and infrastructure improvements. (Fresno Bee / John Ellis)

But Governor Brown made his thoughts on the bill crystal clear in a letter to the ranking members of the House Natural Resources Committee:

“H.R. 3964 is an unwelcome and divisive intrusion into California’s efforts to manage this severe crisis,” Brown wrote. “It would override state laws and protections, and mandate that certain water interests come out ahead of others. It falsely suggests the promise of water relief when that is simply not possible given the scarcity of water supplies.”(SacBee Capitol Alert

This legislation won’t create rain, but rain (and snow in the mountains) is really the only real solution that can provide actual relief. (Oh, and the state recently halted the San Joaquin River restoration water diversion, so there goes that part of it.)

But, the attention is nonetheless necessary. A panel of experts (and hey, maybe including some scientists would help) would be a good start on how to address the long-term health of the Central Valley agricultural environment. Let’s face it, there are some very deep systemic concerns for the future water needs, but let’s see if Boehner comes back during a rainy season when the photo opportunity isn’t as politically advantageous.