Orinda shootings: Who will pay for ‘Airbnb Mansion Party’ deaths, injuries?
This is another knife in the back where Venture Capital creates billions in values while impacting the most valuable asset of everyone, everywhere that being our children.
A Halloween night “Airbnb Mansion Party” in Orinda went horribly wrong with a shooting that left four people dead and several others injured.
What responsibility will lie with Airbnb, the highly valued short-term-stay company that brokered the house rental; or with the renter who hosted the party; or with Michael Wang and Wenlin Lou, the home’s owners, who said their rental listing banned parties?
When it comes to criminal liability, all are likely off the hook.
Darryl Stallworth, a former Alameda County prosecutor who is now a criminal defense attorney, said he doubts there will be any criminal liability involving the homeowner, renter or anyone other than the shooter and his or her accomplices.
“I think it would be extremely unlikely,” Stallworth said. “They would have to know or anticipate something happening. What people do in your house is not your responsibility.”
Criminal liability can arise, for example, if a homeowner knew a wall had a history of failing and then attendees were killed by the wall, he said. In the case of a shooting, liability could arise if a homeowner or renter knew there would be shooting or fighting and still rented the space out or invited people.
Even the person who rented the house is unlikely to face criminal charges for the shooting, even if they may have lied about not planning to hold a party.
“Individuals are generally not liable for the criminal conduct of third parties,” said Daniel Bornstein, a real estate lawyer in San Francisco.
However, civil liability is a whole different matter.
“Someone will have to compensate someone for the harm that was generated in that house,” Bornstein said. He expects lawsuits against multiple defendants, including Airbnb, the owners and the person who rented the space. “This is a perfect storm of the risk you face when you arbitrage your house on Airbnb,” he said. “You may be ‘sharing’ with people who you don’t know from a hole in the head.”
It would be natural for any litigant to go after Airbnb, one of the most highly valued private companies in the world. Worth $35 billion in the private markets, the San Francisco company has said it will file to go public next year.
Airbnb provides two types of insurance-like vehicles to pay claims. Each has a $1 million cap and each has numerous terms and conditions. Its Host Guarantee covers damages to a host’s property, while its Host Protection Insurance covers liability claims brought by third parties over bodily injury or property damage that occurs during a stay.
Airbnb’s host forums have hundreds of comments from hosts saying the guarantees are riddled with loopholes and the company stonewalls attempts to collect. Airbnb referred questions about this to its website.
Online, Airbnb says “damage or injury from something done intentionally (not an accident)” is excluded, which could mean an intentional shooting is not covered.
But even assuming its guarantee does pay out, the $1 million cap on liability seems meager for the loss of four lives and numerous injuries.
A big question for the homeowners Wang and Lou will be whether they bought commercial insurance to cover using the house as a short-term rental. Standard homeowner policies generally exclude commercial activities.
Andy Schwartz, a Walnut Creek civil attorney, said without all the facts it’s hard to determine if any of the parties would face civil liability, but there are red flags.
“That’s the problem with unregulated industries such as Airbnb and Uber. There is very little, if any, oversight,” Schwartz said. “Airbnb makes it easy to rent out your house and then takes their share of the proceeds but does absolutely no vetting of the renters. It appears to me that both the homeowner and Airbnb face potential liability depending upon what we learn, once the facts are sorted out.”
Airbnb can kick renters off its marketplace after learning that they caused trouble. It also checks if guests are on terrorist or criminal lists, but only if the guest’s full name and date of birth are known.
Operator of an online property rental marketplace designed to offer short-term travel stays. The company's platform helps users to list, discover and book short term accommodations around the world, enabling users to book unique travel experiences in more than 65,000 cities and 191 countries.
The curious connection and death of CEO Nanterme leads to letter sent by Pete Bennett to Fremont Group during 2013. The letter detailed events connected to the Matter of Bennett v. Southern Pacific (Contra Costa, 1987) that was lost on the courthouse steps around 1990
As a victim of numerous crimes in the areas of murders, arson, attempted murder, murders of witnesses in the jail, forgery, racketeering and explosions Mr. Bennett knows crime via the arrest and conviction of Contra Costa DA Mark Peterson.
Contra Costa County is recruiting experienced Network Administrators to fill:
one (1) Network Administrator II vacancy in the Sheriff's Department
one (1) Network Administrator II vacancy in the Library Department
one (1) Network Administrator I vacancy in the Health Services Department
This position is responsible for the management and maintaining of wide-area/ local-area networks (WAN/LAN) and IT operation infrastructure. This position works to ensure the stable operation of the entire computer network and will manage the network in accordance with established network policies, procedures, and standards to ensure conformance with the Department's objectives. This includes planning, developing, installing, configuring, maintaining, supporting, and optimizing all network hardware, software, and communication links. This person will also analyze and resolve end-user hardware and software computer problems in a timely and accurate fashion, and provide end-user training where required. This position will be a technical interface with the outside vendors used in the installation, maintenance, and support of the computer network systems.
Read the complete job description at www.cccounty.us/hr. The eligible list(s) established from this recruitment may remain in effect for six (6) months and would be used to fill vacant positions in other County Departments.
Typical Tasks
Monitors and enhances complex computer and communications systems, on-site or remote; develops, designs and implements problem solutions, using standard analysis techniques; and recommends solutions to correct malfunctions
Installs and configures computer and/or telecommunications hardware and software; and services and maintains equipment
Designs, develops and implements computer applications for user departments
Administers remote logons, system securities, data transfers, and remote activities
Retrieves and downloads/uploads data and assists with transitioning data/operations between systems
Maintains systems back-ups and control records; assists in the maintenance of files and libraries; creates logical directory structure; and may be responsible for retention and storage of databases
Assesses and coordinates user training
Coordinates and schedules hardware repairs
Develops and delivers training in future technologies
Consults with and advises program management and administrative staff on systems and office automation requirements
Is responsible for capacity planning, technology planning, disaster planning and budgeting required to insure an efficient, effective, reliable system
Directs and coordinates the design, development, acquisition and implementation of computer hardware, software and data communications solutions that will meet the needs of the division
Is responsible for project management and change control for all internal system and component changes
Interfaces systems and data processing activities within the department and with other County departments as necessary
Performs system and user account creation, maintenance, security and removal
Is responsible for day-to-day operations, scheduling, and performance tuning
Monitors daily activity on systems, checking for potential problems, resource ability, performance and "load" characteristics, and network integrity; monitors systems activity and usage to maintain a secure environment; and troubleshoots, repairs and provides viable recommendations for resolving problems
Interfaces with department staff/customers to provide help with hardware or software related questions, network or connectivity questions, and general assistance required regarding the systems, software, and resources
Notifies department staff/customers of changes, updates and new features
Is responsible for the implementation and running of back-up and archive procedures
Keeps current with software releases and updates for all operating systems, applications and e-mail systems, keeping all systems at current release levels, unless directed otherwise
Evaluates new software under consideration for adoption; reviews available public domain software for possible use; and maintains accurate inventory of licenses and appropriate version/release levels for all applications in use
Develops and maintains written and on-line documentation, procedures and help files which includes keeping existing documentation current as well as occasionally authoring end-user documentation
Is responsible for interfacing with vendors' sales and field services personnel to coordinate normal periodic maintenance and arrange for and monitor equipment repairs and purchases
Is responsible for installation, configuration and maintenance of the data communications equipment for the internal network
May provide on-site technical support
May plan, assign, schedule, and provide work direction to other staff
Minimum Qualifications
Education: Possession of a Bachelor degree from an accredited college or university with a major in computer science, information processing or a closely related field.
Experience: Four (4) years of full-time or its equivalent experience in designing, installing and helping to maintain complex multi-site Network Server Operating Systems, LANs and WANs using physical layers, bridges, gateways and routers.
Substitution: Additional qualifying experience may be substituted for the required education on a year-for-year basis up to a maximum of four years.
1. Application Filing: All applicants must apply on-line at www.cccounty.us/hr and submit the information as indicated on the job announcement by the final filing date. 2. Application Evaluation: Depending on the number of applications received, an Application Evaluation Board may be convened to evaluate and select the best-qualified candidates for invitation to the next phase of the examination. 3. Written Exam: Depending on the number of applications received, a multiple choice exam may be utilized to evaluate and select the best-qualified candidates for invitation to the next phase of the examination.
The Human Resources Department may change the examination steps noted above in accordance with the Personnel Management Regulations and accepted selection practices.
CONVICTION HISTORY
After you receive a conditional job offer, you will be fingerprinted, and your fingerprints will be sent to the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). The resulting report of your conviction history (if any) will be used to determine whether the nature of your conviction conflicts with the specific duties and responsibilities of the job for which you have received a conditional job offer. If a conflict exists, you will be asked to present any evidence of rehabilitation that may mitigate the conflict, except when federal or state regulations bar employment in specific circumstances. Having a conviction history does not automatically preclude you from a job with Contra Costa County. If you accept a conditional job offer, the Human Resources department will contact you to schedule a fingerprinting appointment.
DISASTER SERVICE WORKER
All Contra Costa County employees are designated Disaster Service Workers through state and local law. Employment with the County requires the affirmation of a loyalty oath to this effect. Employees are required to complete all Disaster Service Worker-related training as assigned, and to return to work as ordered in the event of an emergency.
EQUAL EMPLOYMENT OPPORTUNITY
It is the policy of Contra Costa County to consider all applicants for employment without regard to race, color, religion, sex, national origin, ethnicity, age, disability, sexual orientation, gender, gender identify, gender expression, marital status, ancestry, medical condition, genetic information, military or veteran status, or other protected category under the law.
The ENRON Conspiracy and The World Trade Center Bombings
Years after Pete Bennett lost Bennett v. Southern Pacific a set of facts began to unfold on how he was connected to both World Trade Center bombings but also to parties near the ENRON fraud that cost Californians billions.
Bechtel Us Services Inc (Account# 0475239-01-001) is a business entity registered with City and County of San Francisco, Treasurer & Tax Collector’s Office. The business start date is January 1, 2013. The business address is 50 Beale St, San Francisco, CA 94105.
Pete Bennett founder of nomoreh1b, appeared on CNN, ABC and LA Times
Apparently Senator Lee of Utah loves the H-1b visa and wants to ignore that Pete Bennett who has appeared many times on CNN with Lou Dobbs is related to the Strack Family murdered in Utah. Senator Mitt Romney source of donations leads to former Southern Pacific Attorney Rick Kopf who was defense counsel in Bennett v. Southern where they killed a witness parallel Southern Pacific
SALT LAKE CITY – Sen. Mike Lee (R-UT) issued the following statement Wednesday after Lou Dobbs falsely claimed on cable television that S. 386 “would double the size of H-1B visas.”
“I 100% agree with the White House that the H-1B program should not be used to displace or replace American workers. That is why S. 386 contains strong new anti-fraud provisions to make sure employers cannot abuse the H-1B system to undercut American workers,” Sen. Lee said.
“S. 386 is also ‘number neutral’, meaning it does not increase the number of visas, H-1B or otherwise in anyway, and under no circumstances will it become a vehicle for increasing overall immigration levels. What it does do is end the discriminatory current policy that punishes green card applicants from large countries. Our immigration system should not be in the business of discriminating against immigrants based on their country of origin and S. 386 solves that problem,” Sen. Lee finished.
