20 • August 1-14, 2014 • The Log Harbor Blotter SAN DIEGO COUNTY
July 7 • Harbor Police units arrested a 47- year-old female in the Americas Cup Harbor for public intoxication. July 7 • Harbor Police units cited a 48- year-old male for illegal anchoring in the A-9 anchorage. July 10 • Harbor Police units investigated a vessel accident in the Americas Cup Harbor. July 12 • Harbor Police investigated a ves- sel theft at the A-3 anchorage. July 12 • Harbor Police units responded to a call of an unconscious 23-year-old female in La Playa Cove. The victim was transported to UCSD Medical Center. July 12 • Harbor Police units cited a 46- year-old male for illegally anchoring in the Glorietta Bay channel. July 16 • Harbor Police Units investigated a disturbance on the bait barge. A 50-year old male was transported to County Mental Health for a 72-hour evaluation. July 19 • Harbor Police Units assisted US Border Patrol agents with detaining four subjects who were attempting to enter the country illegally.
ORANGE COUNTY
Dana Point Harbor July 22 • 4 p.m. Harbor Patrol towed a catamaran that was on the rocks in the outer channel. July 24 • 4:47 p.m. Harbor Patrol towed a jet ski stuck in the kelp beds.
Newport Harbor July 23 • 12:10 p.m. Harbor Patrol responded to a 26 foot skip jack taking on water at the Newport Dunes.
Attorney From page 6
the buyer was not obligated to do any- thing at that time. If the seller terminated the contract after the buyer signed the final accept- ance, the seller would have breached the contract regardless of the reason for his change of heart, since at that point he would be obligated to sell the boat to the buyer. Those conclusions would hold regardless of the question about the Hull Identification Number (“HIN”). If the Buyer terminated the contract
— before or after signing the final acceptance — the analysis gets a lot more complicated because he techni- cally never gave the seller a chance to fulfill his side of the contract. The sell- er’s obligation was to deliver clear title when title passed to the buyer, but – regardless of the reason — the buyer never allowed title to pass. At that point the obligations of the parties would be governed by the “anticipatory breach” sections of the Uniform Commercial Code. UCC 2-609 addresses the scenario,
where one party has a legitimate con- cern that the other party will not be able to perform that party’s obligations under the contract. The aggrieved
July 24 • 2:24 p.m. Harbor Patrol respond- ed to a vessel taking on water at the Bait Barge. The passengers were off loaded and escorted to the Fun Zone.
LOS ANGELES COUNTY
Marina del Rey Harbor July 11 • 5:56 p.m. Deputies from Marina del Rey Marine Patrol responded to the E- 2600 dock re: a call of a sinking vessel. The boat crew pumped out approximately 100 gallons of water and stabilized the boat. July 12 • 1:10 p.m. Deputies from Marina del Rey Marine Patrol responded to the Main Channel and G basin regarding a capsized vessel with a person in the water. Upon their arrival they saw the victim clinging to the partially submerged vessel. The deputies rescued the person from the water and took the vessel in tow. July 13 • 8 a.m. – 1 p.m. The USCG rode with the boat deputies and boarded sev- eral vessels, conducting safety inspections. July 14 • 1:59 p.m. Deputies from Marina del Rey Marine Patrol responded to the H- 700 dock re: a call of a sinking vessel. The boat crew pumped out approximately 300 gallons of water and stabilized the boat. July 18 • 2:40 p.m. Marine Patrol deputies responded to the Echo Basin and conduct- ed a burglary to a vessel investigation, with a criminal report taken.
VENTURA COUNTY
Ventura Harbor July 14 • 7:59 a.m. CGCI relayed a report of a vessel possibly sinking a half a mile off the beach by Emma Wood. The caller was in a southbound vehicle on 101.
Patrol responded at USCG’s request as did Vessel Assist. No vessel could be located. July 14 • 2:14 p.m. HV Boatyard reported a vessel low in the water at VYC. Patrol responded, gained access to the vessel, and found a significant amount of water I the vessel. Patrol pumped water for approximately 35 minutes. July 16 • 10:36 p.m. FCC dispatched Patrol and others to a medical assist at the Ventura Community. AMR transported the patient to the hospital. July 18 • 11:02 a.m. Patrol observed a vessel in the Keys low in the water Patrol pumped out the vessel and left a note on the front door of the house advising the owner of the situation. July 20 • 12:19 p.m. A boater at VWM that a woman had fallen into the water and was unable to get back on the dock. Patrol responded. Upon arrival, the woman was out of the water. July 20 • 2:05 p.m. Patrol received a request for assistance from a vessel dis- abled inside the Harbor. Patrol responded, took the vessel into tow and released it at its slip at VWM.
SANTA BARBARA COUNTY
Santa Barbara Harbor July 12• 3 p.m. Harbor Patrol officers responded to Marina 1 on a report from the vessel owner that his boat was ran- sacked. Numerous items were strewn about the cabin, back deck and in the engine compartment. The owner reported several cupboards and drawers open that he had left closed and a handrail was bro- ken off. Missing items from the boat
included several jackets from the closet, flat screen TV and beer out of the refriger- ator. The burglary is still under investiga- tion.
July 16 • 6:25 p.m. Harbor Patrol officers responded to the 90 minute parking lot on a report of a vehicle traffic accident. The party at fault was ultimately arrested for suspicion of DUI after blowing a .36 BAC which is 4.5 times higher than the legal limit.
July 17• 3:25 p.m. Harbor Patrol officers responded on PB#2 to the east side of Stearns Wharf on a report from the amphibious vehicle Land Shark that it lost power and was heading to the beach. Harbor Patrol on PB#2 towed the Land Shark and its 25 passengers safely back to the Santa Barbara Harbor. July 20 • 7 p.m. Harbor Patrol Officers responded to Marina 2 on a report of a fight. Upon arrival, all parties had separat- ed and left the area. A witnessed stated that youths had been tagging vehicles in the parking lot. One of the vehicle own- ers, a local fisherman, caught the vandals and a scuffle ensued. The youths were last seen jumping into a minivan and exiting the marina. The fisherman had apparently left the area as well. July 21• 7:20 p.m. Harbor Patrol officers responded to a report from the F/V Stardust that the M/V Playground was list- ing and sitting very low in the water. Harbor Patrol pumped out approximately 1500 gallons from the vessel. A caretaker for the vessel arrived and secured a strain- er that was leaking. The owner was noti- fied and responded the following day.
thelog.com
Please note also that no two legal situa- tions are alike, and it is impossible to provide accurate legal advice without knowing all the facts of a particular sit- uation. Therefore, the information pro- vided in this column should not be regarded as individual legal advice, and readers should not act upon this infor- mation without seeking the opinion of an attorney in their home state.
party may demand adequate assur- ance of performance in writing. In our reader’s case, the seller could perhaps show that it was all a mistake, or that his boat has the proper HIN and the other boat is the one that was stolen, or perhaps some other plausible argu- ment that would indicate that he will be able to deliver the boat with a clear title. But he needs to have an opportu- nity to set things straight. If in fact the seller is unable to pro- vide adequate assurance of his ability to deliver clear title, he would then be deemed to be in breach of the contract even though he is technically not required to deliver clear title until he sells the boat. It is important to note that a demand for adequate assurance of
performance is not a wasted exercise. We have encountered quite a few cases over the years involving duplicate or incorrect Hull Identification Numbers and first impressions are sometimes wrong. Regardless, our reader will have a tough time recovering damages if he terminated the contract without giving the seller a chance to respond to a demand for adequate assurance. Both parties in this case should retain quali- fied legal counsel to investigate these issues in more detail.
David Weil is licensed to practice law in the state of California and, as such, some of the information provided in this column may not be applicable in a jurisdiction outside of California.
David Weil is the managing attorney at Weil & Associates (
weilmaritime.com) in Long Beach. He is an adjunct profes- sor of Admiralty Law at Loyola University Law School, is a member of the Maritime Law Association of the United States and is former legal coun- sel to the California Yacht Brokers Association. He is also one of a small group of attorneys to be certified as an Admiralty and Maritime Law Specialist by the State Bar of California. If you have a maritime law question for Weil, he can be contacted at (562) 438-8149 or at
dweil@weilmaritime.com.
Ask your question online at
thelog.com.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52