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2 Days of festivals , sun and good times is back on Saturday the 28th and 29th May at Hove Park.
‘NOTTING HILL CARNIVAL IN THE HEART OF BRIGHTON’
Following two spectacular sell-out festivals, Funk The Family is back with a bigger, better line-up and second adults-only day; Funk The Format.
Accelerating from 1,000 attendees at Hove Lagoon in 2014 to 4,500 attendees at Hove Park in 2015, team FTF introduce the festival scene to their elder sister, Funk The Format.
Like Funk The Family, the brand new Funk The Format Festival is a champion of soul, latin, funk, reggae, disco, hip hop, house, jungle, jazz and, of course, funk. Like Funk The Family, the second day focuses on good vibes, good music and good fun.
“Both Funk The Family and Funk The Format offer something that Brighton & Hove has been missing,” says FTF founder and director, Lucy ‘Elle J’ Small. “I moved from London to Brighton & Hove nearly nine years ago to raise my family. There is so much to do here, but there was no event that offered something really credible, musical, creative and fun for me or my family.”
A former freelance music journalist, Lucy ‘Elle J’ Small now presents her popular Funk The Format radio show on Brighton & Hove’s Radio Reverb 97.2FM and promotes her Funk The Format Club Tropicana nights between curating the festivals and raising her two young boys.
“Like Funk The Family, I firmly believe Funk The Format is filling a much-needed gap in Brighton’s music scene. There are several credible events here but they cater for either a very young demographic or indie/electro music lovers. We want to bring that Notting Hill Carnival vibe to Brighton & Hove.”
With that in mind, the team have announced that both Norman Jay MBE and Soul II Soul will play Funk The Format Festival.
Meanwhile, Funk The Family announces its “Creatures of The Beach” theme with Vula (the voice of Basement Jaxx) and The Atlantic Horns, DJ Format, Harleigh Blu, King Porter Stomp, plus a plethora of outstanding, free family entertainment, including The Circus Project’s trapeze workshops, archery, family yoga, diabolo workshops, Cirque Du Funk big top, Punch & Judy shows, breakdancing and many more.
The Funk The Family and Funk The Format Festivals take place during England’s largest arts festival, Brighton Fringe.
FUNK THE FORMAT: MAIN STAGE LINE-UP:
Soul II Soul * Norman Jay MBE * Nubiyan Twist * Normanton Street * J-Felix * Lebeaux
FUNK THE FORMAT: CluLINE-UP:
Rodney P & Skitz * Jamie Rodigan * Robert Luis (Tru Thoughts) * Mr Bongo Soundsystem *
* Stick It On * Russ Dewbury * Soul Casserole * Odyssey * Steve Seck *
Cirque Du Funk Big Top of Oddities, delicious local food and drink stalls, craft stalls/ proper coffee/ two fully licensed bars and much more…
FUNK THE FAMILY – MUSIC LINE-UP:
Vula (the voice of Basement Jaxx) * The Atlantic Horns * DJ Format * King Porter Stomp * Harleigh Blu * Professor Elemental * Nick Maxwell * John Warr * Gyratory Allstars * Rowlf The Dog (on piano!)* The Soul Steppers * Stick It On * Lynda Phoenix * King Prawn * Elle J Small and many more…
FUNK THE FAMILY – FAMILY ENTERTAINMENT:
Cirque Du Funk Big Top * Tree of Life Family Yoga * The Circus Project trapeze workshops * Golden Lotus Archery * The Each Peach Village * Diablo workshops * Street Funk dance * Punch & Judy * Storytelling * Soul Dome 360° cinema * Hartbeeps Music workshops * Slack-lining and much more…
Curators of much-loved Funk The Family Festival return with a stellar line-up and second, adults-only day: Funk The Format
SOUL II SOUL * NORMAN JAY MBE * RODNEY P * JAMIE RODIGAN * DJ FORMAT * ROBERT LUIS (TRU THOUGHTS) * VULA (the voice of BASEMENT JAXX) * MR BONGO SOUNDSYSTEM * RUSS DEWBURY * HARLEIGH BLU
Funk The Family:
Saturday 28th May 11am-8pm
Adult: £22 // Teenager: £18 // Child: £10 // Babies: free
Funk The Format:
Saturday 29th May 12pm-9pm
Adult Limited Early Bird: £25 // Standard: £30
Adult Weekend (includes Saturday’s Funk The Family festival): £45
Tickets from www.skiddle.com

domain: entertainment


text:
SUBIS, April 4: There are 10 fresh faces among the 32 sworn in as Subis District councillors here yesterday (April 3).
Subis District Officer NorlilaUlis who is the Council's chairperson led the swearing-in ceremony witnessed by Sarawak Deputy Minister of Public Health, Housing and Local Government Datuk Dr Penguang Manggil and Sarawak Deputy Minister of Women, Children and Community Wellbeing Development Datuk Rosey Yunus.
According to a report by Sarawak Public Communications Unit (UKAS), all the appointments are effective from April 1, 2023 to March 31, 2025.
Penguang in his speech, urged the Subis District Council members to nurture integrity and corruption-free values throughout their service.
"As a link between the community and the government, the members also need to carry out their duties and responsibilities with full commitment as a team to ensure the well-being of the local community," he stated.------ Dayak Daily

domain: news


This week the New Democrat Coalition, a 52-member group of centrist Democrats from the House of Representatives, unveiled its principles for national security strategy. Like the similar effort from House Speaker Paul Ryan three weeks ago, this working document is a political maneuver and carries no legal or policymaking weight. 13 of the members of the coalition sit on the House Armed Services Committee, however, and thus it tells us something about the fault lines in future national security debates in Congress and about Hillary Clinton's allies should she win the White House, as seems increasingly likely.
A close reading of the two-page document, unfortunately, suggests that the Democrats have learned only partial lessons from the long slog against terrorism in the Middle East. The strategy memo strongly suggests that Democrats are ready to double down on the Obama administration's approach to national security and foreign policy. Given the general agreement among observers that Hillary Clinton is more hawkish than President Obama, we have good reason to doubt that House Democrats will present any resistance to an extended run of the failed foreign policies in place today.
On paper, the New Democrats appear to have figured out that "not every problem can be solved with a bomb or a tank," calling for a strategy to "eliminate terrorist threats without reckless interventions." In light of President Obama's own admission that the Libyan intervention was the worst mistake of his presidency, this seems like the least one should have learned from the past 15 years of American intervention in the Middle East. By almost every measure -- financial, lives lost, terrorist attacks -- the United States is worse off for having intervened so heavily in Afghanistan and Iraq, not to mention the persistent drone attacks in Yemen, Pakistan, Somalia, Libya and wherever. Any sign that Democrats are rethinking the "shoot first, plan later" approach to foreign policy is very welcome.
The rest of the memo, however, combines vague platitudes with a series of bullet points outlining an unrepentant vision of American foreign policy overextension. The strategy's heavy emphasis on counterterrorism makes it clear that the New Democrats are unwilling to challenge the overheated rhetoric about the terrorist threat. In addition to calling on the United States to "defeat organizations like the Islamic State and Al Qaeda," the New Democrats also call for aggressive development assistance to "prevent chaos and instability upon which terrorist organizations prey." Even if the New Democrats have decided that the military interventions themselves were mistakes, after 15 years of trying (and failing) to help Afghanistan get its feet and almost as long in Iraq, Congress should have learned that democracy, civil society and a robust economy are not things the United States can deliver. Efforts to do so, with or without military intervention, are doomed to failure.
Just as troubling are the calls for more aggressive efforts to confront terrorism on the home front. Acts of domestic terrorism, like in San Bernardino and Orlando, are tragic, but the worst thing the United States can do in their wake is rush to implement "solutions" that do more harm than good. The New Democrats want to "deny domestic terrorists the weapons and resources they use to perpetrate atrocities" and to increase funding for federal, state and local homeland security and law enforcement counterterrorism programs. History with homeland security since 9/11 tells us, however, that expanding such efforts will lead to more wasted money and greater restrictions on civil liberties without any increase in actual security.
Further, the New Democrats call for increased engagement to confront a wide range of conflicts in Europe and the Middle East, none of which directly threaten American national security. The strategy calls for a recommitment to NATO "in the face of Russian aggression," to "strengthen our relationships with Israel, Egypt, and our Middle East partners" in order to "take a more active role in leading diplomatic efforts to form new alliances in the region," and to "expand engagement in the Asia-Pacific" to "preserve U.S. influence..." And in case they missed anyone, the final bullet point calls for the United States to "stand by commitments to U.S. alliances, increased engagement with countries and people whenever possible, and continue to share the burden of security arrangements." Such a stance is a full-proof recipe for entanglement and intervention.
If all this sounds familiar it should. The New Democrats are simply echoing the bipartisan foreign policy consensus of the past two administrations. The United States, in this view, must engage deeply both militarily and diplomatically in order to keep the world from falling into chaos. In truth, however, the real lesson of the past 15 years is just the opposite: American intervention and meddling have fueled chaos and instability in the Middle East and elsewhere, meanwhile feeding the threat of terrorism against Americans. The United States would be better off pulling back from many of its current commitments and adopting a greater degree of humility about what American power can truly achieve.


Alberto Stone 1393 Modern Fit T400 Stretch Denim Jeans
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- Alberto Modern Fit Straight Leg
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Door Armor Self-Adhesive Film
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1.5 years ago I had my first genital hsv1 outbreak which the doctor confirmed with a swab. Now, there are 2 small sores that definitely look like herpes sores on my right labia. However, there is no pain or itching. I have valtrex to take as needed but I haven't felt I need to. I feel very aware of bumps, but that may be just because I'm worrying over this area so much. Is it possible that this an HSV1 outbreak?
All the site I've visited stress how painful and itchy genital herpes sores so I'm getting worried it might be something else even though the sores look exactly like they did when I had my first outbreak (except then the pain was excruciating and there probably about 7 sores all together).

domain: medical


text:
On the occasion of their Social Dialogue Plenary session on 8 February 2021, CEFS and EFFAT, social partners in the Sugar Sector discussed various crucial issues for the industry in the context of the EU Green Deal and the Commission’s Trade Policy. Download their joint statement here with the main conclusions of the meeting.
MERCOSUR: EU offers its biggest ever concession on sugar in the context of a free trade agreement, as the sector remains mired in crisis. Sugar has again been the trade-off to conclude the deal; the latest in a series that have contributed to the closure of sugar factories across the EU. The overall sugar concession [...]
The EU sugar sector is a vital and innovative sector, but obstacles remain to the development of new outlets for sugar beet. That was the key takeaway from the CEFS roundtable discussion that took place on 21 June in Berlin on the occasion of the annual CEFS congress. The discussion brought together CEFS President and [...]
22 European organisations reiterate concern about the ECJ ruling on mutagenesis breeding & call upon Member States and the European Commission to initiate a legislative change that provides innovation-friendly rules. Download the .pdf here.

domain: politics


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Welcome to “Love and Sex Today.” I’m Dr. Doug Weiss, and today’s topic is “The Power of Praising Your Spouse.” If you have a spouse, you are fortunate indeed. If you are in a long-term relationship, you are fortunate indeed. The benefits, camaraderie, and friendship you’re establishing over the years, and sometimes multiple decades, really is life changing for both of you.
Today, I am going to teach you how to give the vitamin that’s so important to your relationship to stay positive and powerful—the power of praising your spouse. This is really, really, critical because sometimes we duplicate the very thing we grew up with. When you look at your family of origin, ask yourself what the primary voice was. I’ve been counseling people at Heart to Heart Counseling center in Colorado Springs for many years and I’ve heard some horrific stories in this area, and some very positive stories.
One of the voices you grew up with might have been criticism—“You can’t. You’re stupid,” and you felt very criticized and limited. You might have grown up in a worse environment, which was silence. You didn’t hear anything good or bad about you. It was as if you weren’t even there. That’s a horrible way to grow up. You might have grew up in a family that was really good at giving praise, and you were praised, “You’re amazing. You’re smart. You’re capable. I’m on your side,” and you really felt supported and encouraged.
Oftentimes when we get married, we are really intentional about making sure we are a different or better parent than our parents. If your dad never said, “I love you,” you’re going to say, “I love you” to your kids. If your mom made you do all the housework, you might not make your kids do very much of that at all. We’re going to try to be different at parenting, but something that’s interesting to me is how we’re not as intentional with “I want to be a different kind of spouse. I want to be the kind of spouse that’s really encouraging and powerful.”
I don’t know if you’ve ever taken the time to think about this. I’ve been married for almost 31 years. At this point, Lisa’s been married to me longer than she stayed at home, and she stayed at home until she was 27, which is a really long time. At this point, Lisa has heard my voice more than any other voice in her life. That’s a really weighty thought if you just take a minute to think about that. As a spouse, your voice is the verbal environment of their soul for decades. They’re going to marinate in your voice, whether it’s criticism or silence, praise, validation, or support. See, your voice is the sauce in which your spouse’s soul marinates. What kind of sauce are you intentionally giving to your spouse? You may have never thought about how important your voice is to your spouse, that you’re going to be the primary voice on planet Earth that they hear day in, day out, for decades.
I’m intentional about the voice I give to Lisa. I’m a very encouraging man. I decided a long time ago, that my role was not to be her critic, but to be her cheerleader. I want to cheer her on in the various phases of life, before we had children, during children, and now that the children are gone. I want to be her cheerleader. That’s my role.
As you look at your words, if you put them on a three-way scale, which scale would weigh the most? The words you don’t speak, the words of criticism, or the words of praise? Well, I hope if it’s not what you want, today’s podcast will encourage you to take it to the other side, that you will become intentionally positive and praising of your spouse.
There are different kinds of praise. Of course, you can praise them physically, that they’re handsome or beautiful. If that’s all you’ve got though, that’s going to limit how much they think you see them. You want to praise their soul for how patient they are, kind, genuine, generous, creative, caring, and hardworking. See, you have a lot of things you appreciate about your spouse, but sadly, they stay inside your brain. You want to let these positive, powerful thoughts out of your brain, through your lips, and into the ears of your beloved. There they can grow. There they can be encouragement, and bring strength to their soul. It makes them more buoyant.
Think about the last time you were sincerely praised by your spouse. Maybe they said something along the lines of, “Honey, you’re amazing. You’re awesome. I love you with all my heart. I just want to be with you my entire life.” How would you feel if that was going into your ears, into your heart? It makes you feel great. I love when Lisa just randomly praises me.
Now, we have a discipline of praise, which I’m going to get into right now. Lisa and I decided a long time ago that we were going to be each other’s cheerleader. We intentionally give each other two praises every single day. We do two feelings a day, we do two praises a day, and we connect spiritually every single day. It’s the foundation of our success in marriage, that we have a discipline to marriage. One of those disciplines is praising. I’m going to share with you an idea you might want to practice and enjoy, and pass on to other couples: tell your spouse two positive things about them every single day. Don’t just think of two positive things about your spouse. Say them out loud. Let them know, “I really love, appreciate, or value dot, dot, dot about you.”
What’s really important about praise, is receiving praise. To receive a praise, you have to say thank you. You have to acknowledge it’s been spoken to your heart. When you say thank you, it’s like the deposit actually goes in. If you have one of those spouses who doesn’t say thank you when you give them a praise, and they continually think they’re not appreciated, it’s because they’re not letting it in. So say, “Honey, say thank you so you know it went in.” I give Lisa praise, “Lisa, I really appreciate this about you. Lisa, I really love this about you.” She says, “Thank you.” Then she gives me two praises every single day.
Even if we’ve had a rough day, we still give our two praises to each other. If we had a rough day in some kind of circumstances in our lives, whether it’s extended family, or business, or something, we still come together every day and praise each other. Now, how do you think that’s going to affect your relationship? I know, no matter what’s been said all day, Lisa’s going to say two positive things about me and I’m going to say two positive things about her, and you know what? Our kids grew up watching us do this. So they believe you’re supposed to be positive towards your spouse, even when things aren’t always perfect.
It has been really, really helpful, so I want to encourage you, as you look at your marriage, as you look at your relationship, look at your intentionality. Maybe you don’t want to look into your spouse’s eyes and give them two praises every day. Will it greatly improve your marriage? Absolutely. Has it worked for thousands of people? Absolutely. Will it work for you? Absolutely.
Some people say, “You know, I just want to do my own thing.” Okay. Do your own thing, but just make sure you can check off the box that today, I saw my spouse in a positive light. Maybe, you need to focus on their actions to help you do this, “Today, when you were cleaning out the pantry, I realized how focused you are on details. I really appreciate that about you.” When your spouse realizes that somewhere today, you saw them, took a photo, and brought that photo back to them and praised them, they will be so touched—”Here you are. You’re amazing. You were kind. You were so thoughtful to think about that. I love that you remember little things.” Let your spouse feel very good about being in a relationship with you.
The power of praising your spouse is immeasurable. I can’t tell you. Lisa’s my best friend. She’s my lover, she’s my wife, and we encourage each other. I think awesome thoughts about her, and I think she thinks awesome thoughts about me. If you’re not going to sit down and do it, just keep yourself accountable in some way, on your cell phone or something, and see how consistent you can be at this.
If you’re one of those people who have been silent or critical in your marriage, this will help you start finding the positive in your spouse. I’ve found that this simple assignment of giving two praises to your spouse daily changes the way people you look at your spouse. Instead of looking at what they haven’t done or what they’re lacking, they begin to look at what they are and what they are doing that’s good. They begin to see the positive much more and how they benefit from being in a relationship with this amazing person.
Most of our spouses are 95 percent amazing. Five percent may not be the most wonderful part for you, but they’re awesome people. You need to focus on what is amazing and what is awesome. If you do, you will have the power of praise working on your side to strengthen your relationship and to make you feel good about each other. It might actually boomerang and come back into your own life. You might be seen and appreciated in real words.
Now, I want you to go to loveandsextoday.com, subscribe there, and find a free chapter to one of my books. Review us on iTunes, and one of you will get a private conversation with me, which has been really fun. I love getting to know our audience and be able to chat with you, and see if we can accelerate something in your life. Remember always have great love and great sex today.

domain: psychology


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Randall HOLMES, Plaintiff, Respondent, and Cross–Appellant v. GENERAL DYNAMICS CORPORATION, Defendant, Appellant and Cross–Respondent.
In October 1984 defendant General Dynamics (GD) terminated plaintiff Randall Holmes, a thirteen year management employee. Finding GD fired Holmes in violation of public policy by retaliating against him for disclosing to management the company's violation of the false statements act (18 U.S.C. § 1001),1 a jury determined Holmes was entitled to $106,000 for lost wages and benefits, $200,000 for emotional distress and $500,000 in punitive damages.2 GD appeals, asserting the evidence was insufficient to support the judgment and instructional error.3 Holmes cross-appeals, contending the court erred in refusing his request for prejudgment interest pursuant to Civil Code section 3291. We affirm the judgment.
FACTUAL BACKGROUND 4
In 1971 GD hired Holmes as a management systems specialist in its electronics division (GDE), which builds and repairs electronic warfare, surveillance and navigation systems, and supplies electronics used by other GD divisions. Holmes thereafter received numerous raises, honors, awards, and promotions. In July 1982 GDE's Comptroller, Claude Stoker, made Holmes GDE's business management manager, a position of increased responsibility. In this position, Holmes supervised nine staff analysts in analyzing financial data on government defense contracts. Although Holmes did not have technical financial experience or training in every relevant area, he had substantial management experience qualifying him for the position. Holmes reported directly to Stoker.
Holmes performed well during 1982 and 1983. He was “active” in discovering and resolving an accounting problem which led the division to recoup approximately $1 million. He also received a commendation letter from a GDE vice-president, praising Holmes for his “specific contributions” serving to “improve [the] future performance and the profitability of [GDE's] business.” Holmes received no criticisms.5 He believed he was doing an “exceptional” job for the division.
A July 1983 performance review supported Holmes's perception his work was well received. In the review Stoker recognized Holmes was “a mature manager” who was attempting to rebuild an “old group with new blood, ideas.” As the only critical statement in the review, Stoker said Homes “must keep in mind that the service to the Program Office is ‘supreme,’ the # 1 objective.” As part of the review, Stoker told Holmes he would not be given an annual raise because he was still in the training phase of the job. Stoker, however, assured Holmes he should not construe the absence of a raise as a criticism of his work.
Beginning in Spring 1983 through the time he was terminated, Holmes reported to Stoker that GDE was violating various provisions of its defense contracts, resulting in excessive billing to the government. (See infra at pp. 9–12.) Ignoring these reports Stoker took no responsive action. Three days after the final disclosure, Stoker called Holmes into his office and told Holmes he was removing him from his position. Stoker refused to give Holmes any reason for the termination. Contrary to the company's well established procedures, Holmes had received no written or oral warning or counseling about the termination.6 He was “completely caught by surprise.”
Stoker told Holmes he had 90 days to find a job in another division or he would be laid off. Stoker refused Holmes's request for help in his job search; instead, Stoker directed Holmes to vacate his office and required Holmes to spend the 90–day period sitting in a “tiny” office, outside of Stoker's office. Although Holmes made numerous attempts to find a job in another division, only one division expressed interest. That division, however, suddenly turned him down after Holmes told Stoker about the possible new job. In Holmes's final termination notice, Stoker said Holmes was being terminated because “a reduction in staff [was] necessary.”
At trial, Stoker said he made the decision to terminate Holmes based on a conversation with Harold Browning, the F–111 aircraft project manager (who was on the same managerial level as Stoker), who told Stoker Holmes was not adequately supporting Browning's department's work with respect to interdivision contracts (work GDE had subcontracted from other GD divisions). At trial Stoker also claimed Holmes had showed no “interest” or “drive” in the job. However, both Browning and Stoker admitted they had never documented Holmes's purported performance problems and neither could fully remember the specifics of the problem.
Our Supreme Court has strongly reaffirmed the viability of the public policy exception to the at-will employment doctrine in several recent decisions. (Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1089–1090, 4 Cal.Rptr.2d 874, 824 P.2d 680; Rojo v. Kliger (1990) 52 Cal.3d 65, 88–91, 276 Cal.Rptr. 130, 801 P.2d 373; Foley v. Interactive Data Corp., supra, 47 Cal.3d 654, 665–671, 254 Cal.Rptr. 211, 765 P.2d 373; see also Shoemaker v. Myers (1990) 52 Cal.3d 1, 23, 276 Cal.Rptr. 303, 801 P.2d 1054.) To recover in tort for wrongful discharge in violation of public policy, the plaintiff must show the employer violated a public policy affecting “society at large rather than a purely personal or proprietary interest of the plaintiff or employer.” (Gantt v. Sentry Insurance, supra, 1 Cal.4th at p. 1090, 4 Cal.Rptr.2d 874, 824 P.2d 680; see Foley, supra, 47 Cal.3d at p. 669–671, 254 Cal.Rptr. 211, 765 P.2d 373.) In addition, the policy at issue must be substantial, fundamental, and grounded in a statutory or constitutional provision. (Gantt, supra, 1 Cal.4th at pp. 1089–1095, 4 Cal.Rptr.2d 874, 824 P.2d 680; Sequoia Insurance Co. v. Superior Court (1993) 13 Cal.App.4th 1472, 1479–1480, 16 Cal.Rptr.2d 888.) Consistent with these principles, courts have recognized tortious wrongful discharge claims where an employee establishes he was “terminated in retaliation for reporting to his or her employer reasonably suspected illegal conduct ․ that harms the public as well as the employer.” (Collier v. Superior Court (1991) 228 Cal.App.3d 1117, 1119–1120, 279 Cal.Rptr. 453; see Gantt v. Sentry Insurance, supra, 1 Cal.4th at pp. 1101–1102, 4 Cal.Rptr.2d 874, 824 P.2d 680 [conc. opn. of Kennard, J.]; Hejmadi v. AMFAC, Inc. (1988) 202 Cal.App.3d 525, 540, 249 Cal.Rptr. 5.)7
To establish his tortious wrongful discharge claim at trial, Holmes contended GD's assertion it fired him for inadequate performance was pretextual. Holmes maintained the real reason for his termination was to silence and punish him for his repeated disclosures of GDE's breaches of its defense contracts, breaches amounting to violations of the Federal False Statements Act, which broadly prohibits parties from making false statements to a federal department or agency.8 (18 U.S.C. § 1001; see ante, p. ––––, fn. 1.) The jury found this theory credible, specifically determining GD violated the False Statements Act and wrongfully terminated Holmes in retaliation for his disclosing such conduct to management.
GD says its termination of Holmes on the basis of his disclosures cannot support a tortious wrongful termination claim because (1) there was insufficient evidence its breaches of the government contracts violated the False Statements Act; (2) its conduct did not implicate a fundamental public policy because the violations at issue consisted of “routine problems” inherent in the administration of government defense contracts; and (3) there was no evidence showing Holmes “protested” GD's violations. GD alternatively contends there was insufficient evidence to establish it fired Holmes because of his disclosures to management. For reasons explained below, we reject each of these contentions.
In assessing whether GD violated the False Statements Act, we briefly summarize the circumstances surrounding the relevant disclosures.
Improper Direct Billing
In early 1983, GDE's Financial Manager Gene Hoag asked Holmes to issue him a “direct charge number” so he could charge the cost of implementing a new computer system to one particular contract, the F–16 repair contract. According to government regulations, goods or services identified specifically with one particular final product should be billed as a direct cost, whereas goods or services applicable to two or more final products should be billed as an indirect cost. Based on these rules, Holmes refused Hoag's request since GDE planned to use the computer system for many final products. Stoker was aware Holmes disagreed with Hoag's plan to bill the computer system as a direct cost. At a staff meeting shortly thereafter, Hoag told Stoker he was charging his time in implementing the computer system directly to the F–16 contract. Mr. Perkins, manager of general accounting, put his hands over his ears and said “ ‘don't talk about that in front of me. I don't want to hear that kind of thing.’ ” Following the meeting, Stoker met with Hoag and another manager and approved Hoag's request to direct charge the computer system to the F–16 contract.
Also in Spring 1983, Holmes discovered GDE was violating provisions in several of its defense contracts limiting the government's obligation to pay $1,000 per month in overtime absent approval.9 Holmes told Stoker GDE's overtime charges were excessive. Stoker did nothing in response. Holmes then raised the issue at a staff meeting chaired by Stoker. Stoker again failed to take any action. In late 1984, a government audit found GDE had billed the government $260,254 in overtime without approval. After negotiations, GD repaid the government for $186,000 in excessive overtime charges. The chief government contracting officer assigned to GD testified he was not involved in these negotiations since he only becomes involved in “major” issues and the excessive overtime question was more of a “routine” contracting problem.
Excessive Repair Charges
Several of GDE's defense repair contracts prohibited GDE from repairing any item where the cost of parts and labor exceeded 75 percent of the item's replacement cost unless specially authorized by the government. In November 1983 Holmes hand-delivered a memorandum to Stoker stating the division had been in “noncompliance” with this provision for the past three years and there was no adequate system for monitoring compliance. Holmes concluded the memorandum by asking to further discuss the matter with Stoker. Stoker did not respond. Two weeks later, Holmes asked Stoker during a staff meeting whether he had a chance to review the memo. Stoker “waved [him] off with a hand motion.” Stoker never again discussed the issue with Holmes and Holmes did not raise it with anyone else in the company. A 1984 government review later found problems in the monitoring system of the 75 percent rule. Two years later, GDE changed its system to better monitor the repair costs.
The chief government contracting officer assigned to GD testified he did not think GDE's violation of the 75 percent limitation issue was a “significant” issue “as opposed to an every-day type of a problem that comes up with government contracts.” Moreover, he said that to his knowledge the government never penalized GDE for its violations of the 75 percent rule.
Cost Overruns on Interdivision Contracts
In Spring 1983 Stoker asked Holmes and another manager to evaluate the extent of GDE's potential cost overruns on several projects GDE had subcontracted from other divisions (“interdivision contracts”). Holmes and the other manager responded by reporting that GDE was facing a potential ten million dollar overrun on theseprojects. After further investigation, Holmes told Stoker there were severe problems with cost-overruns on interdivision contracts and that he would provide him with “a white paper” on the subject.
Shortly thereafter, on March 24, 1984, Holmes hand-delivered a document to Stoker reflecting that the estimated cost overruns had been reduced to 1.9 million and total estimated costs had remained about the same, while funding proposals for “new” work had substantially increased. When Holmes handed the memorandum to Stoker, Stoker took it, looked at it and asked, “Does anyone else have a copy of this?” Holmes said, “No.” Stoker never again discussed the memo with Holmes. Stoker terminated Holmes three days later without giving him any reason.
Based primarily on Stoker's reaction to the memorandum and a comparison between the 1983 cost estimates and the cost estimates reflected in Holmes's memorandum, Holmes argued at trial that his memorandum disclosed GDE was improperly seeking increased payment from the government for “new” work which was already included in the original contract.
To establish GD violated the False Statements Act, Holmes had to show (1) GD made a statement; (2) the statement was false; (3) the false statement was made knowingly and willfully; (4) the statement was material; and (5) the statement was within the jurisdiction of a federal agency. (18 U.S.C. § 1001; see United States v. Vaughn (9th Cir.1986) 797 F.2d 1485, 1490; United States v. Irwin (10th Cir.1981) 654 F.2d 671, 675–676.) GD contends Holmes failed to establish the first three elements.
It is well settled that charges on an invoice or other form of billing document constitutes a “statement” within the meaning of section 1001. (See United States v. White (11th Cir.1985) 765 F.2d 1469.) Viewing the evidence in the light most favorable to plaintiff, the evidence established GDE billed the installation of the new computer system as a direct cost to the F–16 contract, charged the government for overtime and parts repairs, and charged the government on interdivision assist contracts. Contrary to GD's assertions, Holmes was not required to present direct evidence that the government received a written bill from GD; rather, the jury was entitled to infer such fact from the evidence showing GD had received payment from the government for its services.
Overcharging the government, or otherwise providing the government with inaccurate financial information, constitutes a “false” statement within the meaning of section 1001. (See United States v. White, supra, 765 F.2d at pp. 1473–1482 [government contractor violated False Claims Act by submitting inflated cost proposals]; see also United States v. Gibson (6th Cir.1989) 881 F.2d 318, 320–323.) There was ample evidence showing Holmes's disclosures concerned GD's providing the government with false financial information.
On the direct/indirect billing issue, Holmes's evidence 10 established Stoker's decision to bill the installation of the computer system direct to one particular contract was flatly inconsistent with the government regulations defining a direct cost. In light of such evidence, the jury was entitled to reject the testimony of GD's witnesses who opined that the direct charge was a proper interpretation of the regulations since the computer system would be used primarily for the F–16 contract.
There was likewise ample evidence showing GD overcharged the government for repairs and overtime. On the overtime issue, it was undisputed that GD later repaid the government for $186,000 in excessive overtime charges. Similarly, expert testimony substantially supported that Holmes's memorandum accurately reflected that GDE was not abiding by the 75 percent rule.
While we admit we were initially troubled by the question whether Holmes's March 24th memorandum to Stoker concerning problems with the interdivision contracts reflected a “false” statement, after carefully examining the record and viewing the evidence in the light most favorable to Holmes, we believe there was sufficient information for the jury to infer that Holmes may have unwittingly come upon GDE's scheme to manipulate the numbers to reduce its cost overrun burden, based on Stoker's reaction to the memo (asking Holmes whether any one else had seen the memo and then terminating Holmes three days later), expert testimony, and a comparison between the 1983 cost estimates and the estimates reflected in Holmes's memorandum. The fact that Holmes may not have fully understood the implications of the figures represented in his memorandum did not preclude the jury from concluding Holmes had uncovered GDE's improper practice with respect to charging on interdivision contracts.
Knowingly and Willfully
To establish an act was done “knowingly and willfully” within the meaning of section 1001, the evidence must show the party acted “voluntarily and intentionally, and not because of mistake or accident or other innocent reason” and “with the specific intent to do something the law forbids.” (United States v. Clearfield (E.D.Pa.1973) 358 F.Supp. 564, 574; see United States v. Carrier (9th Cir.1981) 654 F.2d 559, 561.)
On the direct/indirect billing issue, Stoker specifically agreed to allow the new computer system to be direct-charged to the F–16 contract, although he admitted knowing the new system was going to be used on all contracts and that an indirect cost was defined as one “identified with two or more objectives.” Stoker further knew of Holmes's refusal to issue Hoag a direct charge number and chaired the managers meeting where an accounting manager covered his ears and said “don't talk about [direct charging the computer system] in front of me. I don't want to hear that kind of thing.” From this evidence, a reasonable jury could conclude that Stoker authorized the improper billing, knowing such charge was a violation of proper accounting standards and resulting in overcharges to the government on the F–16 contract.
The evidence likewise showed that Holmes specifically told Stoker that it was improperly charging the government for overtime and parts repair, but that Stoker failed to take any corrective action. The jury was entitled to infer from Stoker's refusal to take any action that management was aware of and approved the overcharges and improper billing.
Finally, as explained above, Stoker's extreme reaction to Holmes's March 24th memorandum provided a substantial basis for a jury to infer Stoker's knowledge of the improper conduct.11
Although GD devotes a substantial portion of its appellate briefs emphasizing the evidence showing its violations of the contracts were “routine” problems and not significant to the government, it does not suggest that its violations were not “material” within the meaning of the False Statements Act. As the jury was instructed, courts have construed the Act's materiality element very broadly: “To establish materiality of a false statement it is not necessary to show that a government agency actually relied on the statement, that the government suffered pecuniary loss as a result of the statement, or that the false statement was sufficient to induce a payment or benefit. [Citations.] Rather, materiality involves only the capability of influencing an agency's governmental functions, i.e., does the statement have a ‘natural tendency to influence or is it capable of influencing agency decision?’ ” (United States v. Richmond (8th Cir.1983) 700 F.2d 1183, 1188; accord United States v. DeRosa (9th Cir.1986) 783 F.2d 1401, 1408.) There is no question here but that GD's improper billing practices had the “capability” of influencing the defense department's financial decisions.
We conclude there was substantial evidence showing Holmes's disclosures concerned GD's practices which violated the False Statements Act.
GD alternatively argues its violations of the False Statements Act did not implicate a “substantial” public policy and thus cannot form the basis for a tortious discharge cause of action because its conduct reflected “nothing other than routine issues inherent in the day-to-day administration of complicated government contracts.” GD emphasizes evidence showing that “perfect” compliance on government contracts is impossible and warns that by affirming the jury verdict we will open the floodgate to wrongful termination suits by those defense contractor employees responsible for monitoring contract performance.
The jury found on substantial evidence GD terminated Holmes because he disclosed GD was knowingly and willfully overcharging the government. The fact that it is not uncommon for defense contractors to make errors when charging the government certainly does not lessen the fundamental public nature of the interest involved. To suggest that GD's deficiencies here were only administrative oversights ignores the jury's findings. Likewise, the fact a particular government contracting officer does not personally believe the violation was “significant” or “major” does not establish the public interest has not been detrimentally affected.
On our independent review of the record, we endorse the jury's assessment of the facts and its conclusion that GD's violations were “significant.” We also agree with the trial court's observation: “[T]o the extent that there's overcharging or false statements which result in damage to the government, they result in damage to the taxpayers. They are the ultimate in a direct attack on public policy, namely that we don't lose money from the public pocket.”
GD contends the court erred in refusing to instruct the jury Holmes could recover on a violation of public policy theory only if he “protested to [GD] management about the illegal policies.” The court instead instructed the jury “employers shall not terminate employees in retaliation for disclosing to the employer's management a practice of the employer to violate the False Statements Act.” (Emphasis added; see ante at p. 177, fn. 8.) GD maintains a disclosure of illegal conduct without some form of active “protest” is insufficient to implicate a “fundamental” or “substantial” public policy and therefore cannot support a violation of public policy claim.
The dictionary defines “disclose” to mean “expose to view, as by removing a cover; uncover․ To make known; divulge.” (American Heritage Dict. of the English Language, New College Ed. (1981) p. 375.) Applying this definition, an employer who fires an employee for “expos[ing] to view” or “mak[ing] known” an employer's illegal conduct plainly violates a “fundamental” or “substantial” public policy regardless of the militancy or the decibel level of the report and even if the employee has chosen not to actively oppose the illegal conduct. A contrary rule would provide corporate managers incentive to terminate an employee after the employee has reported illegal activity but before the employee has had the opportunity to “protest” such activity. Moreover, such rule would unfairly penalize an employee, such as Holmes, who deems it appropriate to address the situation by working through company channels rather than engaging in some form of adversarial conduct.
Foley v. Interactive Data Corp., supra, 47 Cal.3d 654, 254 Cal.Rptr. 211, 765 P.2d 373, held a public interest was not implicated when an employer fired an employee for reporting the FBI was investigating the employee's supervisor for previous criminal conduct. In a footnote, the court explained the absence of a substantial public interest was “apparent” because the employer and employee could have properly agreed the employee should not inform the employer of any such adverse information about a co-employee's background. (Id. at p. 670, fn. 12, 254 Cal.Rptr. 211, 765 P.2d 373.) Here, by contrast, it would be clearly improper for GD to prohibit employees, particularly employees such as Holmes whose job was to monitor contract performance, from reporting or disclosing suspected violations of governmental contracts. (See Collier v. Superior Court, supra, 228 Cal.App.3d at p. 1125, 279 Cal.Rptr. 453 [“[a]n agreement prohibiting an employee from informing anyone in the employer's organization about reasonably based suspicions of ongoing criminal conduct ․ would be a disservice ․ to the interests of the public and would therefore present serious public policy concerns not present in Foley ”].)
GD's reliance on Hejmadi v. AMFAC Inc., supra, 202 Cal.App.3d 525, 249 Cal.Rptr. 5, is misplaced. While Hejmadi identified a “protest” as one element of the plaintiff's wrongful discharge public policy cause of action (id. at p. 540, 249 Cal.Rptr. 5), a careful reading of the opinion reveals the court's use of the word “protest” did not reflect the court's holding that an employee must actively engage in some sort of adversarial activity in order to recover on a public policy cause of action. Rather, the “protest” language was used as a shorthand expression for facts showing the employee in that case had made his views known to management by “voic[ing] concerns” and “[taking] steps to influence” the employer's illegal conduct. (Id. at p. 534, 249 Cal.Rptr. 5.)
In rejecting GD's “protest” requirement we do not intend to suggest an employee's mere furnishing of information to the employer in a form which would not reveal the employer's alleged wrongful conduct except upon a detailed examination (e.g. a lengthy computerized accounting report) would suffice to support a finding that the employee has made the requisite disclosure. Rather, as in Hejmadi, the employee must convey the information in a form which would reasonably alert his or her employer of the nature of the problem and the need to take corrective action. As detailed above, Holmes's communications with his supervisor, a management employee, concerning GD's illegal activity was sufficient to satisfy such standard.
While there is no California case directly on point, relevant authority supports our conclusion. Our Supreme Court, for example, has recognized an employer's termination of an employee for “reporting an alleged violation of a statute of public importance” represents one category of wrongful discharge in violation of public policy claim. (Gantt v. Sentry Insurance, supra, 1 Cal.4th 1083, 1090–1091, 4 Cal.Rptr.2d 874, 824 P.2d 680, emphasis added; see also conc. opn. of Kennard, J. [afffirming the validity of “plaintiff's alternate theory of recovery, namely, that his employer violated public policy when it discharged him for reporting [to management] ongoing illegal activity within the company”] (emphasis added).) Likewise, Collier v. Superior Court, supra, 228 Cal.App.3d at p. 1121, 279 Cal.Rptr. 453, expressly approved a cause of action for wrongful termination in violation of public policy where an employee alleged he was terminated for “checking on, trying to prevent, and reporting possible illegal conduct to [company] officials”.) 12
There was no instructional error.
At trial GD claimed it fired Holmes because of job performance problems. In expressly finding GD terminated Holmes without good cause in breach of its implied employment agreement and implied covenant of good faith and fair dealing, the jury necessarily rejected GD's claim. GD does not challenge this finding. Instead, GD maintains there was insufficient evidence showing that the real reason for the termination was to silence and/or punish Holmes for his disclosures about GD's contract violations. We assess this contention viewing the facts in the light most favorable to Holmes.
The undisputed evidence established Holmes had been an outstanding employee for his thirteen years with the company. Yet, GD suddenly terminated him without following well established company procedures. Not only had there been no written record of Holmes's purported deficient performance, but the person who made the decision to remove Holmes refused to give Holmes or the personnel manager any reason for Holmes's termination. Further, Holmes was provided no assistance in finding a job in another division and in fact was hindered in his job search efforts. Moreover, all of Holmes's disclosures were made within one year of his final termination and his final disclosure occurred only three days before he was terminated. It is additionally significant that Stoker ignored and/or refused to discuss each of Holmes's reports of improper activity.
Given the unchallenged fact that GD's claimed reason for firing Holmes was pretextual, these circumstances provide ample circumstantial evidence from which a reasonable jury could have concluded that Holmes was terminated in retaliation for reporting GDE's breaches of its defense contracts to management.13
Civil Code section 3291 (“section 3291”) requires a court to award prejudgment interest when a defendant refuses a plaintiff's Code of Civil Procedure section 998 settlement offer and the plaintiff later recovers a more favorable judgment.14 (See Gourley v. State Farm Mut Auto Ins. Co. (1991) 53 Cal.3d 121, 125–126, 3 Cal.Rptr.2d 666, 822 P.2d 374; O'Hara v. Storer Communications, Inc. (1991) 231 Cal.App.3d 1101, 1117, 282 Cal.Rptr. 712; Morin v. ABA Recovery Service, Inc. (1987) 195 Cal.App.3d 200, 204–207, 240 Cal.Rptr. 509.) By its terms, section 3291 applies only to those actions “brought to recover damages for personal injury ․ resulting from ․ the tort of any other person [or] corporation ․” Holmes maintains the trial court erred in concluding a wrongful termination in violation of public policy claim does not constitute a “personal injury” action within the meaning of the statute, thereby denying him prejudgment interest.
In Gourley, our Supreme Court held an insurance bad faith action does not fall within the ambit of section 3291 because the “nature” or “gist” of a bad faith action “is one seeking recovery of a property right, not personal injury.” (53 Cal.3d at p. 127, 3 Cal.Rptr.2d 666, 822 P.2d 374.) Finding it irrelevant that the plaintiff sought emotional distress as well as economic damages, the court analyzed the issue in a broader sense, emphasizing an insurance bad faith action is brought primarily to recover financial damages and emotional distress damages are compensable only incidental to, or as an aggravation of, the economic loss. (Id. at pp. 128–129, 3 Cal.Rptr.2d 666, 822 P.2d 374.)
Guided by Gourley 's categorical holding, we cannot say that a tortious wrongful termination action is one to recover personal injury damages within the meaning of the statute. A wrongful termination claim primarily involves the infringement of property rights, not personal injury. (See Foley v. Interactive Data Corp., supra, 47 Cal.3d at pp. 682–700, 254 Cal.Rptr. 211, 765 P.2d 373.) Moreover, as in Gourley, the nature of a tortious wrongful termination action is not to vindicate the plaintiff's personal interest. Rather, the essence of such claim is to vindicate the public interest. (See Foley v. Interactive Data Corp., supra, 47 Cal.3d at p. 669, 254 Cal.Rptr. 211, 765 P.2d 373 [the tort arises from a breach of a “duty which inures to the benefit of the public at large rather than to a particular employer or employee”].) The similarities between an insurance bad faith claim and a tortious wrongful termination action for purposes of this issue require us to conclude the court correctly determined section 3291 was inapplicable. (Compare O'Hara v. Storer Communications, Inc., supra, 231 Cal.App.3d 1101, 1118, 282 Cal.Rptr. 712 [holding a plaintiff bringing a defamation action is entitled to section 3291 prejudgment interest because the “nature” of the tort is “ ‘an invasion of the interest in reputation and good name’ ” and therefore such claim seeks “to vindicate decidedly personal interests”].)
We reach the foregoing conclusion even though we are well aware that GD's conduct caused Holmes to suffer extensive personal damages. As Gourley makes clear, in analyzing whether an action falls within the ambit of section 3291 a court must focus on the nature of the tort rather than the type or extent of the damages suffered in the particular case.15
1. Section 1001 provides: “Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.” (Hereafter “section 1001”.)
2. The jury also found GD terminated Holmes without good cause in breach of an employment agreement and the implied covenant of good faith and fair dealing. GD does not challenge these findings on appeal. The jury's determination on the public policy claim is material because tort damages are permitted only where an employment termination violates public policy. (Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 254 Cal.Rptr. 211, 765 P.2d 373.)
3. GD also does not appeal from that portion of the judgment awarding Holmes' wife Judith Holmes, a former GD employee, damages for wrongful termination in violation of an employment agreement and an implied covenant of good faith and fair dealing. We therefore do not discuss facts or legal theories pertaining to Judith Holmes's case against GD.
4. Pursuant to familiar principles of appellate review, we set forth the facts in the light most favorable to the prevailing party. Although there is some merit to Holmes's argument that GD has failed to abide by the rule that an appellant challenging the sufficiency of the evidence must set forth all facts supporting the judgment, we decline to find GD has waived its right to appeal on such grounds. We will not, however, address each of GD's factual assertions to the extent that such assertion is not supported by the evidence viewed in the light most favorable to Holmes.
5. The only evidence of any type of criticism received by Holmes was a memorandum from a fellow manager, reminding Holmes his department was responsible for regularly preparing a particular document. Holmes testified his secretary was responsible for compiling the document and that he immediately discussed the problem with her.
6. When the head of the human resources department, Mr. Kulchin, first heard about Stoker's action, he told Holmes “ ‘this is entirely against any company policy. Don't worry about it․ I'm sure you're not going to be laid off.’ ” Kulchin met with Stoker shortly thereafter and Stoker's only explanation for the termination was “to throw up his hands and say ․ ‘you're ․’ industrial relations, ‘you take care of the problem.’ ”Stoker additionally sent a memorandum indirectly informing company personnel Holmes was “on his way out.” Holmes's colleagues responded to the memorandum by “completely ostraciz[ing]” Holmes and refusing to “even talk” to him.
7. In American Computer Corp. v. Superior Court (1989) 213 Cal.App.3d 664, 261 Cal.Rptr. 796 we held an employee who is fired for reporting to management ongoing illegal conduct which does not affect the public (as opposed to private) interest has no cause of action in tort for wrongful discharge. Here, as explained more fully below, there is no question but that GD's allegedly illegal conduct did in fact affect the public interest since it involved GD receiving public funds to which it was not contractually entitled.
8. The court instructed the jury on this claim as follows:“To establish a termination of employment in violation of public policy, each of the following must be proved: (1) ․ an employer-employee relationship ․ [¶] (2) ․ the termination of plaintiff's employment was a violation of public policy. The public polic[y] of the State of California [is] ․ employers shall not terminate employees in retaliation for disclosing to the employer's management a practice of the employer to violate the False Statements Act․ [¶] (3) the termination of employment was a legal cause of [plaintiff's damage]; and (4) The nature and the extent of [plaintiff's damage].” The court further gave several additional instructions defining the elements of a False Statements Act violation.Significantly, GD does not assert any error in these instructions, except for contending the term “disclosing” in the definition of the public policy should have been replaced with the word “protesting”. As explained in section IV, below, we find this contention to be without merit.
9. The purpose of this limitation was to protect the government to ensure the overtime was needed and was being fairly apportioned to the government contracts.
10. This evidence consisted primarily of Holmes's testimony and the applicable regulations. Holmes testified he had substantial experience in “direct” and “indirect” billing issues. Given this evidence, we are unpersuaded by GD's emphasis on the fact that Holmes did not bring an expert to testify on this issue.
11. Contrary to GD's repeated assertions, neither Holmes nor his experts conceded that GD's conduct was “inadvertent.” GD's citation to a single ambiguous statement by Holmes during cross-examination does not convince us otherwise.
12. GD's reliance on Pugh v. See's Candies, Inc. (1981) 116 Cal.App.3d 311, 171 Cal.Rptr. 917 (Pugh I) and Pugh v. See's Candies, Inc. (1988) 203 Cal.App.3d 743, 250 Cal.Rptr. 195 (Pugh II) is misplaced. Neither decision held or suggested that an employee must establish he “protested” an illegal practice before he can state a wrongful termination in violation of public policy claim.
13. The cases relied upon by General Dynamics are distinguishable. For example, in Crosier v. United Parcel Service, Inc. (1983) 150 Cal.App.3d 1132, 198 Cal.Rptr. 361 the court held the plaintiff failed to make a sufficient showing that the employer's stated reason for the discharge was pretextual since the plaintiff had admitted in his complaint he had been dismissed for the reason alleged to be pretextual. Similarly in Burton v. Security Pacific Nat. Bank (1988) 197 Cal.App.3d 972, 978, 243 Cal.Rptr. 277, the court held the trial court properly granted the employer's summary judgment motion since the plaintiff failed to bring “forth one fact ․ circumstantial or otherwise” that the employer's stated reason for discharge was pretextual.
14. Section 3291 reads as follows: “In any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person [or] corporation ․, whether by negligence or by willful intent ․, it is lawful for the plaintiff in the complaint to claim interest on the damages alleged as provided in this section. [¶] If the plaintiff makes an offer pursuant to Section 998 ․ which the defendant does not accept prior to trial or within 30 days, whichever occurs first, and the plaintiff obtains a more favorable judgment, the judgment shall bear interest at the legal rate of 10 percent per annum calculated form the date of the plaintiff's first offer pursuant to Section 998 ․ which is exceeded by the judgment, and interest shall accrue until the satisfaction of judgment.”
15. During oral argument, Holmes directed our attention to the recent case, Bihun v. AT & T Information Systems, Inc. (1993) 13 Cal.App.4th 976, 16 Cal.Rptr.2d 787, to further support his argument the court erred in refusing to award pre-judgment interest. Bihun held a sexual harassment action brought under the Fair Employment and Housing Act (FEHA) (see Gov.Code § 12940 et seq.) is an “action brought to recover damages for personal injury” within the meaning of Civil Code section 3291. Focusing on “the nature of the action” rather than the damages sought, the court reasoned sexual harassment has the primary effect of impairing the personal well-being of the victim and is “a form of violence against women” and thus “a claim under FEHA seeks to vindicate decidedly personal rights.” (Id. at pp. 1004–1005, 16 Cal.Rptr.2d 787.) Here, by contrast, it is the employer's violation of a public policy resulting in the loss of a tangible economic benefit (a job), rather than the invasion of a personal freedom interest, which primarily defines the action. We therefore conclude Bihun is inapposite.
WIENER, Associate Justice.
KREMER, P.J., and FROEHLICH, J., concur.

domain: law


text:
With Everyone tucked away in bed for the night, the attention turns to tomorrow morning, and who will be fastest out of the blocks and set the early pace?
Weather wise, Donegal had a rain band pass over it last night but thankfully the forecast looks good for today. Will tyre choice be a factor in the opening loop?
Safety is the main concern today.
Obey the safety marshals. If they ask you to move, it’s for your own safety. Only watch the rally from a safe location.
Heed the drivers Example, and slow down and always ‘KEEP THE RACE IN ITS PLACE’
Stay with Mcc Rally Reports Page on facebook for the LATEST updates on the An Grianan Hotel Donegal Harvest Rally 2015.
Can we all use the hashtag #HarvestRally2015 Please when posting photos or comments on today’s rally.

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Weissbluth says that three-year-old children who nap well are more adaptable, meaning that they more easily transition to new situations. “Adaptability is the single most important trait for school success,” he says.
Toddlers who don’t get enough sleep or experience interrupted sleep can be moody, irritable, fidgety and hyperactive. They can be argumentative, have more difficulty concentrating during playtime and are generally more prone to accidents.
Just like with babies, sleep plays an essential role in giving toddlers and kids the ability to process and understand new information that is acquired each day. The Millennium Cohort Study, for example, published in the British Medical Journal in 2013, found that in a test group of 11,000 seven-year-old children, reading, math and spatial awareness in those with consistently good sleep habits were better than those whose consistently irregular bedtimes and poor sleep habits started before age three.
RELATED:3 Strategies to build patience with your young kids
How to improve sleep at any age
It’s never too late to introduce healthy sleep habits, and the first step is to establish quality sleep goals for your child.
• Sleep is uninterrupted. Avoid having gadgets and glowing screens in the room, and be sure your home is hushed during nap and nighttime hours.
• Sleep time is sufficient. The amount of sleep children need changes as they grow, but not as much as you might think!
• Sleep is synchronized. As children age, their body clocks will tell them to sleep at slightly different times. You can help ensure this doesn’t mean they sleep less, but simply adjust their sleep and wake times accordingly.
For more information about healthy sleep habits, visit peapodsleep.com.
Joan Becker Friedman is a certified sleep consultant and the founder of Pea Pod Sleep Consultants.


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Bob Dylan has announced details of a new album, ‘Triplicate’. As the name suggests, the album is a triple disc set – the very first of Dylan’s 50 year plus career. ‘Triplicate’ continues to mine the same vein of classic American standards as his previous two albums, 2016’s ‘Fallen Angels’ and 2015’s ‘Shadows In The Night’, making 2012’s ‘Tempest’ his only album of (mostly) original material released this decade.
[contentblock id=141 img=adsense.png]
‘Triplicate’s’ three discs are all given their own titles, suggesting that ‘Triplicate’ may be best viewed more as a collection of three individual, thematically separate albums than one single album spread over three discs.
Listen to the downtrodden, melancholic shuffle of ‘I Could Have Told You’ above. The song was first sung by Frank Sinatra and came out when Dylan was only 13, meaning that it certainly would have had a big impact on him as youngster.
‘Triplicate’ comes out on March 31st and will see release on the usual triple CD and vinyl formats, as well as a deluxe numbered triple LP in special packaging.
The track-listing is as follows…
Disc 1 – ‘ Til The Sun Goes Down
1. I Guess I’ll Have to Change My Plans
2. September Of My Years
3. I Could Have Told You
4. Once Upon A Time
5. Stormy Weather
Disc 2 – Devil Dolls
1. The Best Is Yet To Come
2. But Beautiful
3. Here’s That Rainy Day
4. Where Is The One
5. There’s A Flaw In My Flue
Disc 3 – Comin’ Home Late
1. Day In, Day Out
2. I Couldn’t Sleep A Wink Last Night
3. Sentimental Journey
4. Somewhere Along The Way
5. When The World Was Young
1. These Foolish Things
2. You Go To My Head
4. It’s Funny To Everyone But Me
5. Why Was I Born


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This is the debut album from Nova Scotia’s Nap Eyes. Originally released last year in in a highly limited edition of 200 LPs. Thankfully it has been re-released for those outside of Canada to hear!
The band put forward their own brand of raw gritty rock with elements of 60s garage rock and early punk rock, sounding somewhere between the Kingsmen and very early R.E.M. This is topped off by some great dead pan vocals sounding somewhere between Matt and Ian Curtis.
The album was reportedly recorded live to tape with no overdubs. This has allowed the band to achieve a very raw, warts and all sound that gives the music a great gritty atmosphere.
The album opens with the rough and raw ‘Dark credence’. Mixing the best bits of the Pixies and Joy Divison the track puts forward an amazing amount of emotion delivered in a day but moving fashion. The screeching guitar lines add a certain layer of feeling to the tune.
‘Make something’ has a soft country feel. The music moves along slowly with a strong sense of melancholy enhanced by the deep self reflective lyrics.
‘Tribal thoughts’ picks up the pace and then some racing along in a surf rock fashion giving the album a massive shot of energy!
‘Delirium and persecution paranoia’ is a slow grungey / post punk tune that brings out a raw and gritty soundscape complete with a droning meloncholic vibe!
‘No man needs to care’ brings out the vintage guitar rock sound. Racing along with great energy the song has that great rough and raw feel matched by the tight and forceful vocals making for a powerful punk rock tune!
‘Dreaming solo’ takes things even further back into the past combining surf rock and psychedelic elements sounding somewhere between the Beach Boys and the Velvet Underground.
The album closes with the slow burning seven and a half minute shoegaze anthem ‘No fear of hellfire’.
This is a fantastic debut album that showcases the best bits of surf, shoegaze, and post-punk rock! The band rely on their raw sound and as a result produce some highly energetic and moving sounds! The best bit is this is only the first release, giving promise for much greater things to come!
Check out Nap Eye’s facebook page to find out more!

domain: artistic


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Support our UCLA athletics coverage by becoming a digital subscriber. Subscribe now.
UCLA men’s basketball announced its seven nonconference games Tuesday morning, which begins Nov. 25 against San Diego State as part of a four-team event at Viejas Arena. The event also includes Pepperdine and UC Irvine.
The No. 22 Bruins will take on Pepperdine on Nov. 27 before a homestand at Pauley Pavilion that begins Nov. 30 against Long Beach State, Seattle University (Dec. 3), San Diego (Dec. 9), and Marquette (Dec. 11).
The final nonconference game will be played in Cleveland against preseason No. 10 Kentucky in the CBS Sports Classic.
The matchup with San Diego State is an enticing season opener. The Aztecs were 30-2 last season and return second-leading scorer Matt Mitchell. UCLA head coach Mick Cronin spoke about a potential matchup with San Diego State last week before it was finalized emphasizing mental toughness.
“We have to be better at focusing on the next play,” Cronin said via Zoom. “Our guys can’t complain about a call when they’re supposed to be getting back on defense. Our first game could be at San Diego State – they were 30-2 last year. We need to be ready mentally.”
UCLA’s full Pac-12 schedule is not finalized with dates and times, except two lone games in December against Cal at home (Dec. 6) and on the road to Oregon (Dec. 23). The team’s final 18 conference games are set in a shell schedule that tells teams which school they’ll be playing against each week.
Game times and television designations will be announced at a later date.

domain: sports


Trump maintains 'no collusion, no obstruction,' says it's time to 'investigate the investigators' in Russia probe
Monday, 15 April 2019
President Trump on Monday said it was time to “investigate the investigators,” doubling down on Attorney General Bill Barr’s summary of Special Counsel Robert Mueller’s findings in the Russia investigation.
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This year marks Her Majesty Queen Elizabeth II’s Diamond Jubilee, celebrating 60 years as monarch of Great Britain and the Commonwealth realms. Yousuf Karsh photographed Her Majesty five times between 1943 and 1987, including the three powerful portraits on view—capturing her first as a warm, spontaneous princess and then later as the elegant queen she became.
Lent by Mrs. Yousuf Karsh, in memory of her husband.
Above: Yousuf Karsh, “Her Majesty Queen Elizabeth II and HRH the Prince Philip,” 1966. Photograph, gelatin silver print. © Estate of Yousuf Karsh.


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Just thought I'd let everyone know about the young bands representing Northern Ireland at the Blastbeat All-Ireland Final in the Tripod in Dublin in May!
[b:078dd6ee3d]Frau Sandy[/b:078dd6ee3d] won the Northern Ireland Final in The Limelight yesterday, which is pretty amazing considering he plays a Gameboy for an instrument! [b:078dd6ee3d]Seven Story Weather[/b:078dd6ee3d] finished as runners-up and will go into a play-off!
The winner of the All-Ireland Final goes on to win a record deal with Blastspace Records and will be labelmates with the likes of Steer Clear and Home Star Runner.
Doesn't anyone think this is a pretty big achievemnet for these young bands? They are all still in school and are doing the Northern Ireland music scene proud.
Meh were just jealous.
Heard our new beats yet luke?
Does the gameboy fella have any tunes online?
Naw, but I looked at someone in his top friends who does the same sorta thing and it really does sound class.
[quote:dd8873342f="BLANK!"]Naw, but I looked at someone in his top friends who does the same sorta thing and it really does sound class.[/quote:dd8873342f]
I meant other than the myspace link above, I obviously went looking there too.
He doesn't have any music up at the moment. I dunno why like. But if you keep an eye on this: http://blastbeat.org/multimedia/music.php
there'll be live tracks from the gig up within the next few days. He did a cover of 'Hey Ya' and all. The mind boggles..
Btw, blank!/contraband/the mary jane rockets, the new tunes are class! It's nice to see them get the quality recording they deserve. :D
[quote:5bc59f7a50="rinky"]Does the gameboy fella have any tunes online?[/quote:5bc59f7a50]
Found some here: http://8bitcollective.org/members/Frau%5Fsandy/
I wasn't too thrilled by his first two tracks, but his latest 'Sleepless' is pretty fun.
Cheers for the link! I've been looking for his music everywhere too.
'L'été' is pretty sweet like. It's nice to see something a little different on the NI music scene now and again - even if some people don't appreciate it (Frau Sandy had abuse hurled at him when he won).
I've just found out another NI act has gone through to the National Final as a wildcard - [b:99f227691b]6 Days Later[/b:99f227691b].


Rock to the Future "Plays for Peace" at Music for All Ball
Raising $110,000 to Support Peaceful Ecosystems for Philly Youth
In a world often marked by discord and division, the universal language of music emerges as a beacon of unity and healing. This is precisely what Music for All Ball achieved in its latest milestone event. With the resounding theme of "Playing for Peace" and a star-studded lineup of performers, including Rock to the Future students, The Bacon Brothers, Sug Daniels, Natasha Felder, Reef the Lost Cauze, and emcee Quentin Miller, this extraordinary gala wasn't just a celebration of music; it was a testament to the power of harmony and the commitment to change lives. In this blog, we'll take you on a captivating journey through Music for All Ball's remarkable successes and the transformative impact of "Playing for Peace."
Raising $110,000 for Change: Music for All Ball hit a high note by raising an impressive $110,000, a testament to the collective belief in the power of music to change lives. These funds will be instrumental in expanding programs to areas impacted by violence and within the Juvenile Justice Services Center, offering a lifeline to youth who deserve a brighter future.
The Resounding Theme "Playing for Peace" Unveiled: Playing for Peace" encapsulated the evening's purpose — to use music not only as a form of entertainment but as a means of advocating for peace, unity, and positive change. The theme underscored Music for All Ball's mission to address the challenges of violence and unrest in our communities, offering a message of hope through music.


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Using a combination of talent and teamwork, coach John Twilley’s Matoaca Warriors secured the 2011 Chesterfield County Middle School Basketball Tournament crown with a thrilling 69-65 victory over the Falling Creek Panthers. The Warriors made it to the final game from the #5 seed in what was one of the strongest fields the league has ever seen. In the tournament, Matoaca took down Swift Creek on the road to reach the final four. The Warriors then outlasted top seeded Carver, setting up their championship sealing victory.
Matoaca, led by Trevion Armstrong, Blake Bowen, Miles Markland, and Kerry Walker proved to be a formidable foe as all four of these young men stepped up their games with a combination of scoring, rebounding, clutch free-throws, long range threes, and tenacious defense.
In the deciding game, Armstrong proved to be a beast as he scored 20 points and tallied an equal number of rebounds. His inside presence also altered a number of Falling Creek shots. The diminutive Bowen was the tournament’s marksman as he tallied 12 three point baskets over the three game tournament. Walker was a dominating defensive force in stopping any Panther efforts to drive the baseline. In the end however, it was Miles Markland who controlled both ends of the court from his point guard position. He disrupted the Panther’s offense with ball pressure and hit the key free-throws down the stretch.
Falling Creek continued its recent success under coach Charlie Scott. Gus Rowland led the Panthers in their epic battle against the Warriors. The guard averaged 27 points in his two outings against Matoaca, the first resulting in a Panther victory.
The Carver Cougars, led by Carlos Thrash and Devin Morgan took home the regular season trophy by virtue of a 9-1 record.


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The walk scheduled for Sunday 24th of February is 9 miles C plus, is a relatively flat walk
with one climb, I have graded it C+ because of the length. Gaiters recommended if weather has been wet.
Parking is in the main car park in Llantwit Major behind the Old Town hall. Free car park and toilets.
When we did the recce although it was early Sunday morning the car park was quite full , possibly
from parking by local residents. Timing it from Llanelli journey should take just over an hour so hoping
to start the walk approx 10.20.
Leave M4 at J 37 Pyle/Porthcawl/Pil. At roundabout take 1st exit A4229. At next roundabout take the
take the 3rd exit onto A48. Keep on A48 for approx 5 miles. There’s a short cut turning right
signposted Merthyr Mawr onto a minor road for about a mile. Turn right onto New Inn Rd
Turn right onto Ewenny Rd B4265. Continue to follow B4265.
At roundabout take 3rd exit onto Cowbridge Rd
At roundabout take 2nd exit onto High St
At roundabout take 1st exit onto Station Rd.
Destination is car park behind the Old Town Hall .
CF61 1SD GPS SS 967 687
Any queries my mobile is 07974 757806

domain: travel


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Thirty-one students from Wichita and local area schools are taking part in Wichita State University's summer Kodaly choir camp this year. Elaine Quilichini, the conductor, says the program is focused to teach kids the technical, emotional and physical aspects of singing.
"Here their focus is choir, they come here to sing, everything is to help them sing," says Quilichini. "The counselors are there to hep them get enough rest and to make sure they get the right food because they learn a singer is like an athlete."
Click here to see photos.
The students learn vocal technique, music theory and sight singing. They also perform classical pieces that are not frequently taught in high school choirs.
Melissa Olson, a junior at Sedgwick High School, says the camp is helping her follow her dreams of being a professional singer and is preparing her to study music in college.
"I just feel at home and really welcomed," says Olson. "It's like where I belong. I know I'm doing the right thing."
Allison Davis, a junior who has attended the camp for seven years says, she likes the friends she makes at the camp and that it makes her feel good.
"It's so much fun and if you really like singing, it's always a fun experience to have, even for a week," says Davis. "It's life changing."
You can hear the students sing tonight at Wiedmann Recital Hall on the Wichita State campus. The event will be hosted by KWCH's Mark Larson and begins at 5:30 p.m.
» The latest on traffic, delays and road construction delivered to your mobile phone. Click to sign up to receive text alerts!


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• After announcing last year in WindEurope having secured €7.4 billion of euros of investment for projects in France and in the United-Kingdom, Ocean Winds returns to this year’s event with four offshore wind farms advancing their construction phases, on track to power the equivalent of around 2 million homes and businesses in Europe by 2025 and close to an additional 1 million by 2026.
• Already powering close to 2 million households in Europe from its three operating offshore wind farms, and despite a current challenging context, Ocean Winds reinforces its long-term commitment to the energy transition, and the development of a sustainable offshore wind industry in Europe.
March 20th, 2024 – Bilbao. Ocean Winds (OW), the international company dedicated to offshore wind energy and created as a 50-50 joint venture by EDP Renewables and ENGIE, is steadily advancing construction of 2 GW of offshore wind power in Europe.
Our Moray West (882 MW) project in Scotland, United Kingdom, has already completed more than two third of the monopiles offshore installation, installed its two offshore substations and connected them with export cables pull-ins, while blades and turbines are arriving at the Port of Nigg for assembly – on track for first power in 2024.
In France, both the Dieppe Le Tréport (500 MW) and îles d’Yeu and Noirmoutier (500 MW) projects have completed the offshore seabed preparation, while the first monopiles and top sides of the latter are already arriving at La Rochelle and foundations installation campaign is about to start. Commissioning is expected in 2025 for îles d’Yeu and Noirmoutier and 2026 for Dieppe Le Tréport.
Grzegorz Gorski, Chief Operating Officer for Ocean Winds, commented “In a challenging year for infrastructures – and more precisely for the offshore wind sector with renegotiations with suppliers due to high inflation and interest rates, geopolitical impacts on routes, and regulations adjustments – I am proud of our teams working hand-in-hand with the various actors of the industry to find cutting-edge solutions for our 2 GW capacity under construction to remain on track for power in 2025/2026; paving the way for a sustainable energy transition.” He added “At the beginning of a strategic year for floating offshore wind in Spain, we are thrilled to come together with all stakeholders in our home market, for this year’s edition of the WindEurope event.”
Being the floating content partner of the event for the second year running, WindEurope 2024 also represents the opportunity for OW to share more on its floating wind pioneer position and expertise operating WindFloat Atlantic, the world’s first semi-submersible floating offshore wind farm; building Eoliennes Flottantes du Golfe du Lion, and developing commercial scale floating projects in South Korea, the United-States and the United-Kingdom.
During WindEurope 2024, meet us on stand 3-A20 to discuss this key moment for the offshore wind sector and our company.

domain: geography


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CAPE GIRARDEAU, Mo. (KFVS) – Godfather’s Pizza left Cape Girardeau years ago, but now it’s returning. Godfather’s Pizza Express will be located inside Huck’s Food & Fuel at 353 S. Kingshighway, in keeping with Anna Mansberger, digital media specialist for Godfather. An opening date isn’t set, but Mansberger envisioned it’ll be in September or October. Huck first partnered with Godfathers more than 25 years ago. Currently, sixty-six of the more than a hundred and twenty Hucks locations serve Godfather’s Pizza, Mansberger said.
Huck’s is a chain of convenience shops centered in Carmi, Illinois. Godfather became based in 1973, in step with the reliable Godfather website. The chain presently has numerous eating places within the Heartland, which includes Poplar Bluff and Marion. Oven hot and delicious pizzas take just a few minutes to combine with the Deni pizza oven. This superb appliance is a round countertop oven that integrates higher and decreased heating factors for brilliant pizza guidance.
Deni is devoted to their “Better Living Through Design” Philosophy. This notion is reflected in their collection of top-rated domestic home equipment. Deni offers a group of pioneering products that assist you in experiencing the satisfaction of cooking even in the center of your busy lifestyle. The taste of a proper pizza parlor pizza can now be loved in your kitchen with the new chrome steel Deni Pizza Oven. Experience the healthier pizza revel in with an oven designed with you in mind.
This new pizza oven from Deni is the perfect partner for pizza enthusiasts in the past. You can now enjoy the fine-tasting pizzas right out of your very own kitchen. It cooks pizza quicker than your traditional oven. Why wait half an hour for inexpensive eating places or late deliveries for oily pizzas when you can make healthier ones yourself? For the handiest 10 minutes, you can have perfect pizzas on every occasion you bake one.
The Deni pizza oven suits selfmade or frozen pizzas, bagels, calzones, bread, strombolis, tortillas, and more. You can also strive it with fajitas, and it will paint precisely. Now, you can choose your substances for nutritional food and snacks that are top-notch in your weight loss plan. It is ideal for frozen, pre-baked, or clean-dough pizzas. No pre-heating is required while baking your pizzas.
Baking a freshly set pizza with the preferred toppings will most straightforwardly take about five minutes, while a frozen, thin-crust pizza will take around 10 minutes to crisp. The rotating pan, which starts to turn robotically while you set the timer dial, is the magic at the back of this device. The twin action of the two separate elements frivolously cooks your pizza concurrently from both facets. The baking pan can preserve pizzas as much as eleven—five inches in diameter. The oven can be used to warm different appetizers or mainly grilled sandwiches.
This enclosed pizza oven has top and backside heating factors. The heating operation is adjustable with impartial higher and lower coils for higher temperature control. The 30-minute timer can undergo the most demanding baking jobs you have in mind. The oven is prepared with a non-stick pizza pan, which rotates to make the best pizza for you all the time. This spinning pan ensures even baking for that crispy crust and juicy toppings you always crave. The fitted viewing window lets you look at the meal compartment while cooking.
Deni has incorporated a protection characteristic that robotically shuts off the unit while you raise the oven cover. The compact design is an area-saving characteristic that you may like for its handy countertop use and cabinet storage. The Deni pizza oven has durable stainless-steel housing for stain resistance and clean cleansing. The pizza oven is 15.5 inches extensive, 12.5 inches long, 7.6 inches tall, and weighs 7.75 kilos. The unit runs on 120Volts 60Hz AC and one hundred watts using a 32-inch electricity twine. The device is CETL listed and springs with a 1-yr manufacturer’s assurance.
With the Deni pizza oven, you can bake your thick-crust or thin-crust pizza in only mins. It makes the most exceptional pizzas ever! Depending on what you like higher, you can use dough or pre-sold pizza shells. You may begin using tortillas for a lower-carb opportunity. You will undoubtedly love this pizza oven and even propose it to your friends, families, and associates.

domain: food


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Get yourself up to speed on May's news highlights
A new section of the North Tarrant Express highway was inaugurated before it’s schedule date, providing drivers who seek a more direct and faster trip through the corridor the option of using the new TEXpress lanes. In the UK, Heathrow released its first quarter results which provided a record start to the year for the British airport. Polish subsidiary Budimex was honoured with the Top Builder 2018 award and in Spain, FerroNATS was awarded the management of the Córdoba airport control tower.
To keep up to date on all the latest news at Ferrovial, head over to our dedicated news feed here.