Sections take positions Sections take positions March 15, 2005 Regular News Five new legislative positions have been authorized for the Real Property, Probate and Trust Law Section and three for the Business Law Section following recent action by the Bar Board of Governors.Sections are given great latitude on issues in which they wish to lobby, provided the matter is within their subject area, does not conflict with a Bar-wide legislative position, and does not cause a deep emotional or philosophical division among a significant portion of the Bar’s membership.The board okayed the sections’ requests acting on the recommendations of the Legislation Committee.The Real Property, Probate and Trust Law Section had these positions authorized:• Supports amending §§701.02 (Assignment of Mortgages) to conform it to revised UCC Article 9 and provide that: 1.) perfection of UCC security interest in a pledged mortgage is governed solely by the UCC and not by §§701.02, and 2.) filing of a UCC financing statement is not “notice” under §§701.02 and does not affect reliance rights of creditors and bona fide purchasers without notice with respect to instruments executed by the “mortgagee of record” as determined under §§701.02.• Supports amending §§704.01(2) to provide landlocked landowners with a statutory way of necessity.• Opposes Section 2 of Senate Bill 298 creating §§117.055, which requires that notaries keep a detailed journal of all notarial acts including: the date, time and type of notarial act; the date, type and description of each document; the name of the signer; and description of the evidence of identity.• Supports changes to the Florida Construction Lien Laws governing conditional payment bonds and changing procedures for determining whether a claim will be covered by such bonds.• Technical Assistance — The section does not oppose House Bill 113 as originally drafted, but favors additional changes to numerous construction bond and lien statutes.The Business Law Section has these positions authorized:• Supports legislation consistent with the Supreme Court of Florida’s November 30, 2004, certification of need for additional judges.• Technical Assistance — The section offers technical assistance to the Florida Legislature with respect to the proposed Florida Trademark Act, F. S. Ch. 495.• Supports the following clarifying amendments to the Uniform Commercial Code: 1.) add new subsection (4) to §§679.623, to read: ‘‘The debtor retains all of the debtor’s rights in collateral, including title if the debtor has title, until the secured party has completed one of the actions in subsection (3)”; and 2.) add new subsection (4) to §§679.609, to read: “neither title nor legal or equitable ownership pass to the secured party by taking possession of collateral after default unless the secured party acquires ownership by purchase pursuant to §§679.610 or by acceptance in satisfaction of the obligation pursuant to §§679.621 and §§679.622.”
Katie Chin | Daily Trojan Looking ahead · Freshman catcher Blake Sabol and USC will look to rebound quickly after taking a tough sweep at Arizona last weekend.The baseball team was swept over the weekend on the road by No. 13 Arizona, unable to salvage a game on Sunday in a 8-1 loss to the Wildcats. The Trojans (15-11, 4-5) had dropped the first two games of the weekend 9-4 and 5-1, and they came up short again in the series finale to suffer their first series sweep this season.The Trojans started Game 1 strong, leading off the top of the first inning with a single by redshirt junior shortstop Frankie Rios and the bottom of the first inning with a strikeout by freshman starter Chris Clarke. Clarke went 4.2 innings on 98 pitches, 62 of them strikes. He had good control during his outing, giving up only one walk and striking out three. The Trojans had kept the game close through four innings. After giving up two early runs in the first inning (only one earned), USC got them back on a solo home run by senior designated hitter Cris Perez in the third inning, his second of the year, and a double by freshman centerfielder Matthew Acosta that scored sophomore second baseman Brandon Perez in the fourth inning. Clarke ran into trouble in the fifth, however, and was pulled after giving up five runs. Sophomore pitcher Solomon Bates entered in relief, going 1.1 innings. Bates gave up two runs in the seventh to end his night and he was relieved by freshman pitcher Connor Lunn, and Lunn closed out the game for USC with two scoreless innings. The Trojans were presented with several scoring opportunities throughout the game but were unable to capitalize, and they stranded two more runners in the ninth to seal a 9-4 loss.Sophomore CJ Stubbs started Game 2 on Saturday in his first career weekend start. Like in Game 1, the Trojans were able to get the leadoff batter on, a walk for redshirt senior infielder David Edson. Nootbaar then hit a triple to drive him in and give USC a 1-0 lead. Despite giving up his first walk of the season, Stubbs worked his way out of the first inning by getting junior centerfielder Jared Oliva to hit into an inning-ending double play. Stubbs got into a little trouble in the bottom of the third inning. After issuing his third walk of the day, he gave up two runs on singles and a wild pitch. He got out of the inning with his first strikeout of the day.Stubbs’ day ended after the fifth inning, where he gave up three more runs on a 2-run home run and an RBI single. Junior pitcher Brad Wegman took over in the sixth, going three hitless innings with two strikeouts. The remainder of the game went quietly, with no hits on either side. In Game 3, the struggle to score continued to plague the Trojans as they stranded runners in scoring position in multiple innings. Arizona tagged Crouse for a run early, capitalizing on two walks with a 2-out bloop single; however, Crouse limited the damage with a flyout to left field. He ran into trouble again in the third however, giving up another run on a walk and a single. Freshman pitcher Austin Manning came in to relieve Crouse in the third with two down and a runner on first. Manning gave up two runs on two hits to put the Wildcats ahead 4-0 in the bottom of the third. Arizona continued to cash in the free passes, scoring another run in the fifth after a walk and a run scoring single off of Manning. The usually spot-on defense had a small stumble on Sunday, letting a few runs score on passed balls and a fielding error. The Trojans offense was present in every inning, getting at least one base runner on. But their only run came off of a solo home run by in the eighth inning, his third of the year. Though the Trojans dropped the series finale to the Wildcats 8-1, they managed to outhit Arizona 10 to 8. There were home runs by Perez and Dempster as well as positive outings from pitchers Lunn, Wegman and Longrie. The Trojans evidently have few issues getting guys on base; however, they are struggling with bringing runners in. The Trojans next face Long Beach State at Long Beach on Tuesday at 6 p.m.A previous version of this article stated that pitcher Connor Lunn was a sophomore. He is a freshman. The Daily Trojan regrets the error.