Toyota on track to become world's bestselling automaker again

Toyota Motor Corp. appears poised to regain its position as the world's largest automaker, a remarkable turnaround after years of safety recalls, huge federal fines and the Japanese earthquake last year.

In short order, surging sales have put that all in the rearview mirror.

Toyota is likely to sell 9.7 million vehicles this year, surpassing second-place General Motors Co. by more than 1 million vehicles and setting a record for annual auto sales. That's generating huge profits, with earnings tripling in the latest quarter to $3.2 billion and sales surging almost 20% compared with a year earlier.

The U.S. — where Toyota's reputation suffered most through the recalls — is now a cash cow. Through the first 10 months of the year, the Japanese automaker sold more than 1.7 million cars and trucks in the country, a 30% gain and more than double the industry growth rate.

"Toyota has done some smart things," said Rebecca Lindland, an analyst with IHS Automotive. "They have concentrated a lot of time and effort on the U.S., which is incredibly important because they make so much money here."

The Japanese automaker has launched 11 new or completely redesigned models in the U.S. in the last year, including new station wagon and commuter versions of its popular Prius hybrids. On Wednesday, the first day of the Los Angeles Auto Show, it will launch a new-generation RAV4 sport utility vehicle. The current model is an aging vehicle facing stiff competition from newly redesigned offerings such as Ford Motor Co.'s Escape and Honda Motor Co.'s CR-V.

Toyota has ramped up its factories in the U.S., opening a Corolla plant in Mississippi and expanding pickup truck manufacturing in Texas. And at the urging of Chief Executive and founding-family member Akio Toyoda, the automaker is looking to inject some panache into its historically bland styling, especially for its Lexus luxury division.

Toyota now accounts for 14.4% of the U.S. auto market, up from 12.6% during the first 10 months of 2011. In retail — not including rental and fleet sales — the Toyota brand is the biggest in the U.S., outselling GM's Chevrolet.

Lynne Thomas, a Santa Monica resident who works in the restaurant industry, bought a Toyota Prius C hybrid in October after considering other fuel-efficient vehicles including the Smart fortwo, Fiat 500 and Volkswagen Jetta.

"I love the mileage. I'm getting more than 50 mpg," Thomas said. "It fits my lifestyle completely. It is easy to park in this crazy city. I can put my bike in the back and drive somewhere and do an amazing bike ride. It works really well in stop-and-go traffic."

The company is expanding its factory network in the U.S. as part of a strategy to manufacture in regional markets and blunt the profit-eating consequences of the Japanese yen's strong exchange rate with the dollar. It has put $1.4 billion into U.S. factories and equipment in the last year, adding more than 2,700 jobs, on top of the 1,300 positions created in the U.S. the previous year.

The expansion comes after Toyota's controversial decision to close the New United Motor Manufacturing Inc. plant in Fremont, Calif., displacing nearly 5,000 workers in early 2010. Toyota shut the plant after GM, as part of its bankruptcy reorganization, pulled out of joint manufacturing there.

Toyota also is shipping more U.S.-built vehicles abroad. In the first 10 months of this year, it exported 74,000 U.S.-built cars to Canada and Mexico and 29,000 to overseas markets. It is sending Kentucky-built Camrys to South Korea and Indiana-built Sequoias to Saudi Arabia. Exports of U.S.-built Toyotas are on track to rise more than 50% this year.

Just three years ago, Toyota was the second-largest auto seller in America, with 17% of the market, and was closing in on a crippled GM, which was struggling with the stigma of bankruptcy and a federal bailout. But Toyota was derailed in a series of embarrassing recalls. In one high-profile accident, an improperly positioned floor mat in a sedan from Toyota's Lexus luxury division may have trapped the accelerator — causing the car to race down California Highway 125 near San Diego at more than 100 mph. The car crashed and burned, killing off-duty California Highway Patrol Officer Mark Saylor and three members of his family.

That crash led to a safety investigation and recall of 3.8 million Toyota and Lexus vehicles to fix the floor mat problem. After a Los Angeles Times series on unintended sudden acceleration, Toyota issued millions more recall notices to fix sticking gas pedals and other issues. Then, two years ago, Toyota paid record federal fines of nearly $50 million for failing to promptly inform regulators of defects and for delaying recalls. At one point it had to halt much of its production of new cars in the U.S. to fix recalled vehicles.

Just as the automaker started to recover, it was hobbled by last year's earthquake and tsunami in Japan, which upended Toyota's manufacturing even on American soil. Toyota's share of U.S. auto sales slid to 12.9%, well below GM's and Ford's.

Several factors have helped Toyota survive the recalls and disaster-related production shutdowns, said James E. Lentz, CEO of Toyota Motor Sales, the automaker's U.S. marketing arm.

First, there was "the loyalty of our consumers as we went from the financial crisis to the recalls to the tsunami," he said. "They stayed with us for the entire time."

Lentz is thankful for customers such as Evan Rabinowitz of Sherman Oaks, who bought a Camry sedan in August.

"I didn't look at anything else because I never had an issue with my 2008 Camry. Going back to Toyota was a no-brainer," said Rabinowitz, who owns a fabric business. He said his previous Toyota was recalled twice to fix pedal issues, but that work was done quickly and well and didn't dissuade him from purchasing another Camry.

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Dave Roberts brings diversity to the San Diego County supervisors

DEL MAR — In January, when he joins the San Diego County Board of Supervisors, Dave Roberts will be the only Democrat among four Republicans, the first Democrat on the board in more than two decades.

He will also be the first new supervisor in 18 years. And he will be the only one who is not a graduate of San Diego State. He has three degrees from American University in Washington, D.C.

He's also gay and married to a retired Air Force master sergeant. The two are adoptive parents to five former foster children, ages 4 to 17, who call them Daddy Dave and Daddy Wally.

With Roberts' election to a district representing a portion of San Diego and several seaside communities north of the city, diversity has arrived for the Board of Supervisors, long one of the region's most homogenous governing bodies.

"I'm going to bring some unique characteristics," Roberts, 51, said with a laugh during a family outing on the beach here.

Roberts hopes to concentrate on the same issues he focused on while serving on the Solana Beach City Council, where he is currently deputy mayor: regional fire protection, expansion of the San Dieguito River Park and "sensible" growth.

Roberts is a Democrat in the style of Republican-leaning northern San Diego County: fiscally conservative. He worked as a budget analyst for the Department of Defense and as a corporate vice president for the La Jolla-based defense contractor SAIC. He was a Republican until some in the GOP took exception to a gay man working in the Pentagon.

"The Republicans wanted me to be fired," Roberts said. "That's when I changed political parties."

Some of his first experience in government came from working as a staffer to Sen. Lowell Weicker, a Republican from Connecticut. "I learned from working for Sen. Weicker that you can make change if you're in the right place," Roberts said.

In 2009, Democratic party officials encouraged Roberts to seek the party's nomination to face incumbent Brian Bilbray (R-Carlsbad) in the 50th Congressional District.

On the verge of declaring his candidacy, Roberts was alerted by social workers about two children who needed a "forever" home. He decided that the adoption process took precedence over his political career.

Now there are five children in the two-story home in Solana Beach once owned by singer Patti Page: Robert, 17; Alex, 12; Julian, 8; Joe, 5; and Natalee, 4. Three of the children have taken the last name Roberts, and two took his spouse's last name, Oliver.

"We don't like double names," Roberts said.

Roberts and Wally Oliver, 55, have been together for 14 years. They had a commitment ceremony in 1998 and married in July 2008 in the brief period when county clerks in California were allowed to issue same-sex marriage licenses.

The family may soon expand.

"Wally would like a baby," Roberts said. "We're not Jewish, but we believe in the Jewish proverb: 'If you can save one soul, you can save the world.'"

During his race against a Republican opponent, Roberts was endorsed by the retiring incumbent, Pam Slater-Price. He has also begun discussions with Supervisor Dianne Jacob, possibly the most fiscally conservative member of the board.

He also looks forward to working with Supervisor Bill Horn, an ex-Marine who supported Proposition 8, the measure to ban same-sex marriage, and has said he opposes gays in the military. "He says things from time to time that remind me of my father," Roberts said.

For all of their fiscal conservatism, the supervisors have not dabbled much in social issues in a way that might satisfy some elements in the GOP. The board took no position on Proposition 8. Health clinics in gay neighborhoods and AIDS prevention programs are funded without controversy.

Roberts may be different in another respect from his colleagues: He will not be assigning a staff member to send out his Twitter messages. He sends out his own tweets — lots of them, on topics political and personal.

Last week, among many tweets, was one announcing that he has hired his predecessor's chief-of-staff, praising him for his "broad experience, management style and network of contacts."

And the next tweet: "Took the kids out for frozen yogurt at Seaside Yogurt in Del Mar for a treat."

tony.perry@latimes.com

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Marc Anthony comes to aid of Dominican orphanage

SANTO DOMINGO, Dominican Republic (AP) — Singer Marc Anthony is coming to the aid of an orphanage in the Dominican Republic.

A foundation run by Anthony with music and sports producer Henry Cardenas plans to build a new residence hall, classrooms and a baseball field for the Children of Christ orphanage in the eastern city of La Romana. Anthony attended the groundbreaking ceremony Friday with his model girlfriend Shannon de Lima.

Children of Christ Foundation Director Sonia Hane said Anthony visited the orphanage previously and decided to help. His Maestro Cares Foundation raised $200,000 for the expansion on land donated by a sugar company. The orphanage was founded in 1996 for children who were abused or abandoned or whose parents were unable to care for them.

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Inquiry Sought in Death in Ireland After Abortion Was Denied

DUBLIN — India’s ambassador here has agreed to ask Prime Minister Enda Kenny of Ireland for an independent inquiry into the death of an Indian-born woman last month after doctors refused to perform an abortion when she was having a miscarriage, the lawyer representing the woman’s husband said Thursday.

The lawyer, Gerard O’Donnell, also said crucial information was missing from the files he had received from the Irish Health Service Executive about the death of the woman, Savita Halappanavar, including any mention of her requests for an abortion after she learned that the fetus would not survive.

The death of Dr. Halappanavar, 31, a dentist who lived near Galway, has focused global attention on the Irish ban on abortion.

Her husband, Praveen Halappanavar, has refused to cooperate with an investigation being conducted by the Irish health agency. “I have seen the way my wife was treated in the hospital, so I have no confidence that the H.S.E. will do justice,” he said in an interview on Wednesday night on RTE, the state television broadcaster. “Basically, I don’t have any confidence in the H.S.E.”

In a tense debate in the Irish Parliament on Wednesday evening, Robert Dowds of the Labour Party said Dr. Halappanavar’s death had forced politicians “to confront an issue we have dodged for much too long,” partly because so many Irish women travel to Britain for abortions.

“The reality is that if Britain wasn’t on our doorstep, we would have had to introduce abortion legislation years ago to avoid women dying in back-street abortions,” he said.

After the debate, the Parliament voted 88 to 53 against a motion introduced by the opposition Sinn Fein party calling on the government to allow abortions when women’s lives are in danger and to protect doctors who perform such procedures.

The Irish president, Michael D. Higgins — who is restricted by the Constitution from getting involved in political matters — also made a rare foray into a political debate on Wednesday, saying any inquiry must meet the needs of the Halappanavar family as well as the government.

In 1992, the Irish Supreme Court interpreted the current law to mean that abortion should be allowed in circumstances where there was “a real and substantial risk to the life of the mother,” including the threat of suicide. But that ruling has never been codified into law.

“The current situation is like a sword of Damocles hanging over us,” Dr. Peter Boylan, of the Irish Institute of Obstetricians and Gynecologists, told RTE last week. “If we do something with a good intention, but it turns out to be illegal, the consequences are extremely serious for medical practitioners.”

Dr. Ruth Cullen, who has campaigned against abortion, said that any legislation to codify the Supreme Court ruling would be tantamount to allowing abortion on demand and that Dr. Halappanavar’s death should not be used to make that change.

Dr. Halappanavar contracted a bacterial blood infection, septicemia, and died Oct. 28, a week after she was admitted to Galway University Hospital with severe back pains. She was 17 weeks pregnant but having a miscarriage and was told that the fetus — a girl — would not survive. Her husband said she asked several times for an abortion but was informed that under Irish law it would be illegal while there was a fetal heartbeat, because “this is a Catholic country.”

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Poor management, not union intransigence, killed Hostess

Let's get a few things clear. Hostess didn't fail for any of the reasons you've been fed. It didn't fail because Americans demanded more healthful food than its Twinkies and Ho-Hos snack cakes. It didn't fail because its unions wanted it to die.

It failed because the people that ran it had no idea what they were doing. Every other excuse is just an attempt by the guilty to blame someone else.

Take the notion that Hostess was out of step with America's healthful-food craze. You'd almost think that Hostess failed because it didn't convert its product line into one based on green vegetables. Yet you only have to amble down the cookie aisle at your supermarket or stroll past the Cinnabon kiosk at the airport to know that there are still handsome profits to be made from the sale of highly refined sugary garbage.

It's true that the company had done almost nothing in the last 10 years to modernize or expand its offerings. But as any of the millions of Americans who have succumbed to Twinkie cravings can attest, there has always been something about their greasy denseness and peculiar aftertaste that place them high among the ranks of foodstuffs that can be perfectly satisfying without actually being any good.

Hostess management's efforts to blame union intransigence for the company's collapse persisted right through to the Thanksgiving eve press release announcing Hostess' liquidation, when it cited a nationwide strike by bakery workers that "crippled its operations."

That overlooks the years of union givebacks and management bad faith. Example: Just before declaring bankruptcy for the second time in eight years Jan. 11, Hostess trebled the compensation of then-Chief Executive Brian Driscoll and raised other executives' pay up to twofold. At the same time, the company was demanding lower wages from workers and stiffing employee pension funds of $8 million a month in payment obligations.

Hostess management hasn't been able entirely to erase the paper trail pointing to its own derelictions. Consider a 163-page affidavit filed as part of the second bankruptcy petition.

There Driscoll outlined a "Turnaround Plan" to get the firm back on its feet. The steps included closing outmoded plants and improving the efficiency of those that remain; upgrading the company's "aging vehicle fleet" and merging its distribution warehouses for efficiency; installing software at the warehouses to allow it to track inventory; and closing unprofitable retail stores. It also proposed to restore its advertising budget and establish an R&D program to develop new products to "maintain existing customers and attract new ones."

None of these steps, Driscoll attested, required consultation with the unions. That raises the following question: You mean to tell me that as of January 2012, Hostess still hadn't gotten around to any of this?

The company had known for a decade or more that its market was changing, but had done nothing to modernize its product line or distribution system. Its trucks were breaking down. It was keeping unprofitable stores open and having trouble figuring out how to move inventory to customers and when. It had cut back advertising and marketing to the point where it was barely communicating with customers. It had gotten hundreds of millions of dollars in concessions from its unions, and spent none of it on these essential improvements.

The true recent history of Hostess can be excavated from piles of public filings from its two bankruptcy cases. To start with, the company has had six CEOs in the last 10 years, which is not exactly a precondition for consistent and effective corporate strategizing.

The most recent and presumably final incumbent, Gregory Rayburn, had been with the company all of nine days before taking over in March when Driscoll, who earlier had been described in court papers as "key to … the future well-being" of the company, departed suddenly and without explanation.

Hostess first entered bankruptcy in 2004, when it was known as Interstate Bakeries. During its five years in Chapter 11, the firm obtained concessions from its unions worth $110 million a year. The unions accepted layoffs that brought the workforce down to about 19,000 from more than 30,000. There were cuts in wages, pension and health benefits. The Teamsters committed to negotiations over changes in antiquated work rules. The givebacks helped reduce Hostess' labor costs to the point where they were roughly equal  to or even lower than some of its major competitors'.

But the firm emerged from bankruptcy with more debt than when it went in — in with $575 million, out with $774 million, all secured by company assets. That's pretty much the opposite of what's supposed to happen in bankruptcy. By the end, there was barely a spare distributor cap in the motor pool that wasn't mortgaged to the private equity firms and hedge funds holding the notes (and also appointing management).

As management experts such as Peter Drucker have observed, the goal of a successful business must be to find and serve customers. Do that, and the numbers take care of themselves. The Hostess approach was entirely backward — meeting the numbers became Job One, and figuring out how to grow the business became Job None.

The post-bankruptcy leadership never executed a growth strategy. It failed to introduce a significant new product or acquire a single new brand. It lagged on bakery automation and product R&D, while rivals such as Bimbo Bakeries USA built research facilities and hired food scientists to keep their product lines fresh. At the time of the 2004 bankruptcy, Hostess was three times the size of Bimbo. Today it's less than half Bimbo's size. (Bimbo, which has been acquiring bakeries such as Sara Lee and Entenmann's right and left, might well end up with Hostess' brands.)

Hostess contended its biggest burden came from the multi-employer pension plans covering its unionized employees. Its contention is that these plans are designed so that when any employer goes out of business or otherwise withdraws, its obligations to its former workers are inherited by the companies that remain.

Consequently, Hostess says, a large portion of its required pension contributions benefit employees of other long-departed firms. This claim has been swallowed whole by Hostess' mourners, but it's fishy.

For one thing, many Hostess competitors contribute to similar plans, some at an even higher rate than Hostess. For another, the real problem is that for years the employers allowed the pension plan to become underfunded, either by skipping required contributions while they were in business or raiding the fund to pocket supposedly excess assets that proved to be not so excess. Hostess is guilty of the same practice.

In any event, the $989 million in pension liabilities Hostess ended up owing various union funds, according to its bankruptcy filing, didn't accumulate in secret, like termite damage. It accrued because Hostess and its sister bakeries judged their retirement obligations to be relatively unimportant in the grand scheme of things. Now that the bill has come due, Hostess blames the workers for demanding what they were promised.

The record shows that Hostess' unions were willing to talk with management at virtually every stage to keep the firm alive. There are plenty of companies and industries in which such talks have been fruitful, including the auto industry. But they can succeed only when everyone is confident that the guys at the other side of the table are committed to the same goals.

In this case, the unions finally realized that the Hostess strategic plan started and ended with extracting yet another round of cutbacks from employees. To argue that capitulating might at least save thousands of jobs is to accept the corrosive mind-set that manufacturing workers should be glad they've got any job at all and take what they're offered.

The union members could see that their supposed management "partners" hoped to rescue their own investments by placing workers on a glide path to life on a minimum-wage existence, without pensions and without healthcare, after they had given and given again. You want to claim that they should have accepted the latest management demands as better than nothing instead of voting it down, OK. But you should ask yourself two questions: Where do you think this trend would have ended, and how much would you take?

Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.

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Middle East shifts may weaken Iran's influence with Palestinians

CAIRO — Iran for years has supplied Hamas with weapons as part of its own struggle against Israel, but the conflict in the Gaza Strip reveals a shift in regional dynamics that may diminish Tehran's influence with Palestinian militant groups and strengthen the hand of Egypt.

The longer-range missiles fired by Hamas over the last week — believed to be modifications of Iran's Fajr 5 missiles — startled Israel by landing near Jerusalem and Tel Aviv. A front-page story in Iran's conservative daily, Kayhan, boasted: "The missiles of resistance worked." Tehran would not confirm the weapons' origin, except to say it sent rocket "technology" to Hamas.

Instead, Foreign Ministry spokesman Ramin Mehmanparast told reporters: "What is important is that the people of Palestine must be equipped to defend themselves, and it is the responsibility of all countries to defend the rights of the people of Palestine."

But the Gaza fighting erupted during a new era in the Middle East brought about by the rise of Islamist governments, notably in Egypt, that have replaced pro-Western autocrats. The political catharsis has spurred anti-Americanism, which Iran relishes, but it also has upset Tehran's regional designs.

In Syria — which along with the militant groups Hamas and Hezbollah has been Iran's proxy opposing Israel — a revolt inspired by the "Arab Spring" could force President Bashar Assad from power and bring in a government less friendly to Tehran. Hamas angered Iran by opposing Tehran's continued support of Assad and siding with the Syrian rebels, who are mostly fellow Sunni Muslims.

Iran's immediate concern in Gaza is keeping Hamas from strengthening its ties to Arab capitals. This may be difficult, as evidenced by the fact that Egypt's Muslim Brotherhood, which inspired the founding of Hamas and now is in charge of the Egyptian government, played a key role in brokering the cease-fire announced Wednesday.

Egyptian President Mohamed Morsi is likely to press the militant group not to further agitate the region — and Egypt's many domestic problems — with sustained violence against Israel. But Egypt has been criticized for tacitly arming Hamas by not tightening its border with Gaza to stop weapons smugglers from Libya and Sudan.

"The Iranians [had] better understand the paradigm is shifting in the Middle East," said Nabil Fahmy, former Egyptian ambassador to the U.S. and founding dean of the School of Public Affairs at the American University in Cairo. "Hamas needs Cairo tremendously. It really has no other interlocutor to deal with Israel."

But he added that the region is so fluid and unsettled that it is too early to predict winners and losers: "If there are peaceful resolutions, this will lead to a reduced Iranian role. If, on the other hand, you have an increased use of violence," he said, "then ultimately any player that has been supportive of a more aggressive posture will gain ground."

Iran characterized Hamas' rocket fire on Israel as part of an effort to keep the government of Prime Minister Benjamin Netanyahu off balance. Netanyahu has threatened to attack Iran's nuclear program, and some suggest the airstrikes on Gaza have been a warm-up exercise. Tehran viewed the Gaza conflict as a means to distract Israel and further inflame anti-Jewish sentiment in a region tipping increasingly toward Islamists.

"Hamas' ties with Muslim Brotherhood and Egypt's current government are different from its ties with Iran," said Nader Karimi, a journalist and political analyst in Tehran. "In peace, when diplomacy is needed, Hamas is closer to Egypt at the expense of Iran. But when it's at war with Israel, Hamas' relations with Iran are more important."

Khaled Meshaal, Hamas' political chief, acknowledged as much after the cease-fire was announced Wednesday. "Iran played a role in this achievement as well," he said. "We have differed with Iran on the Syrian issue, but we agree against the oppression and occupation of Zionists."

The Muslim Brotherhood in Egypt "let down Hamas in the current war," said Hamid Reza Taraghi, a conservative Iranian analyst who criticized Cairo for not opening Egypt's border with Gaza to supply Hamas with arms. "Hamas now realizes that Iran is the genuine supporter of the Palestinian cause."

Former Egyptian President Hosni Mubarak was suspicious of both Hamas and Iran. Mubarak, a close U.S. ally, had no formal ties with Iran for decades. Morsi visited Tehran last summer and indicated a change in tenor, even as he has angered Iran by condemning Assad's mass killings of Syrians.

But Egypt's domestic problems, including economic turmoil, the battle over a new constitution and gas and water shortages, are his steepest challenges. Morsi also is attempting to stem increasing instability in the Sinai Peninsula, where resurgent militant groups, some believed to be aided by Hamas, have killed Egyptian security forces and launched attacks at Israel.

Trouble in the Sinai jeopardizes Egypt's 1979 peace treaty with Israel but plays into Iran's efforts. Analysts suggest that Cairo will work to rein in Hamas, and other rivals of Iran including Sunni Muslim Persian Gulf nations such as Qatar will also be more deeply involved. The emir of Qatar, Sheik Hamad bin Khalifa al Thani, visited Gaza in October and promised $400 million in aid.

Egypt, however, poses the biggest obstacle to Iran's plans in Gaza. Morsi and the Muslim Brotherhood regard Cairo as the unquestioned regional mediator between the Palestinians and Israel.

"Egypt has historic, geographic and religious ties with Palestine and Gaza. These ties cannot be bought," said Sadegh Hosseini, an expert on Iranian politics. "Gaza is the backyard of Egypt. In recent years, we have seen that ideologically Hamas is another branch of the Muslim Brotherhood."

jeffrey.fleishman@latimes.com

Times staff writer Fleishman reported from Cairo and special correspondent Mostaghim from Tehran.

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Halle Berry's ex arrested after fight at her house

LOS ANGELES (AP) — Halle Berry's ex-boyfriend Gabriel Aubry was arrested for investigation of battery Thursday after he and the Oscar-winning actress's current boyfriend got into a fight at her Hollywood Hills home, police said.

Aubry, 37, was booked for investigation of a battery, a misdemeanor, and released on $20,000 bail, according to online jail records. He's scheduled to appear in court Dec. 13.

Aubry came to Berry's house Thanksgiving morning and police responded to a report of an assault, said Los Angeles Police Officer Julie Boyer. Aubry was injured in the altercation and was taken to a hospital where he was treated and released.

Emails sent to Berry's publicist, Meredith O'Sullivan, and Aubry's family law attorney, Gary Fishbein, were not immediately returned.

Berry and Aubry have been involved in a custody dispute involving their 4-year-old daughter, Nahla. The proceedings were sealed because the former couple are not married. Both appeared in the case as recently as Nov. 9, but neither side commented on the outcome of the hearing.

Berry has been dating French actor Olivier Martinez, and he said earlier this year that they are engaged.

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Recipes for Health: Apple Pear Strudel — Recipes for Health

Andrew Scrivani for The New York Times

This strudel is made with phyllo dough. When I tested it the first time, I found that I had enough filling for two strudels. Rather than cut the amount of filling, I increased the number of strudels to 2, as this is a dessert you can assemble and keep, unbaked, in the freezer.

Filling for 2 strudels:

1/2 pound mixed dried fruit, like raisins, currants, chopped dried figs, chopped dried apricots, dried cranberries

1 1/2 pounds apples (3 large) (I recommend Braeburns), peeled, cored and cut in 1/2-inch dice

1 tablespoon fresh lemon juice

2 tablespoons unsalted butter for cooking the apples

1/4 cup (50 grams) brown sugar

1 teaspoon vanilla

1 teaspoon cinnamon

1/2 teaspoon freshly grated nutmeg

1/4 cup (30 grams) chopped or slivered almonds

3/4 pound (1 large or 2 small) ripe but firm pears, peeled, cored and cut in 1/2-inch dice

For each strudel:

8 sheets phyllo dough

7/8 cup (100 grams) almond powder, divided

1 1/2 ounces butter, melted, for brushing the phyllo

1. Preheat the oven to 375 degrees. Line 2 sheet pans with parchment.

2. Place the dried fruit in a bowl and pour on hot or boiling water to cover. Let sit 5 minutes, and drain. Toss the apples with the lemon juice.

3. Heat a large, heavy frying pan over high heat and add 2 tablespoons butter. Wait until it becomes light brown and carefully add the apples and the sugar. Do not add the apples until the pan and the butter are hot enough, or they won’t sear properly and retain their juice. But be careful when you add them so that the hot butter doesn’t splatter. When the apples are brown on one side, add the vanilla, cinnamon, nutmeg and almonds, flip the apples and continue to sauté until golden brown, about 5 to 7 minutes. Stir in the pears and dried fruit, then scrape out onto one of the lined sheet pans and allow to cool completely. Divide into two equal portions (easiest to do this if you weigh it).

4. Place 8 sheets of phyllo dough on your work surface. Cover with a dish towel and place another, damp dish towel on top of the first towel. Place a sheet of parchment on your work surface horizontally, with the long edge close to you. Lay a sheet of phyllo dough on the parchment. Brush lightly with butter and top with the next sheet. Continue to layer all eight sheets, brushing each one with butter before topping with the next one.

5. Brush the top sheet of phyllo dough with butter. Sprinkle on half of the almond powder (50 grams). With the other half, create a line 3 inches from the base of the dough, leaving a 2 1/2-inch margin on the sides. Top this line with one portion of the fruit mixture. Fold the bottom edge of the phyllo up over the filling, then fold the ends over and roll up like a burrito. Using the parchment paper to help you, lift the strudel and place it on the other parchment-lined baking sheet. Brush with butter and make 3 or 4 slits on the diagonal along the length of the strudel. Repeat with the other sheets of phyllo to make a second strudel. If you are freezing one of them, double-wrap tightly in plastic.

6. Place the strudel in the oven and bake 20 minutes. Remove from the oven, brush again with butter, rotate the pan and return to the oven. Continue to bake for another 20 to 25 minutes, or until golden brown. Remove from the heat and allow to cool for at least 15 minutes. Serve warm or room temperature.

Yield: 2 strudels, each serving 8

Advance preparation: The fruit filling will keep for a couple of days in the refrigerator. The strudel can be baked a few hours before serving it. Recrisp in a medium oven for 10 minutes. It can also be frozen before baking, double-wrapped in plastic. Transfer directly from the freezer to the oven and add 10 minutes to the baking time.

Nutritional information per serving: 259 calories; 13 grams fat; 4 grams saturated fat; 3 grams polyunsaturated fat; 5 grams monounsaturated fat; 15 milligrams cholesterol; 34 grams carbohydrates; 4 grams dietary fiber; 91 milligrams sodium; 4 grams protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Demand for grass-fed beef is growing

Jeremy Parker is a rancher who raises his cattle the old-fashioned way. His herd feeds on grass.

"There's definitely growing demand" for grass-fed beef, he said. "There's more demand than there is availability."

Although still only about 3% of the beef consumed in the U.S., grass-fed beef will keep rising in popularity, advocates, consumers and producers predict. One study put demand growth at 20% a year.

"It's expanded dramatically," said Alan Williams, a grass-fed beef producer and member of the Pasture Project, an effort to get more conventional producers in the Midwest switching to pasture-based systems. "In the late 1990s there were only 100 producers. Now there are more than 2,000. The market has grown from being $2 million to $3 million to over $2.5 billion in retail value."

Most cattle raised in the U.S. are sent to feedlots, in Kansas and Nebraska mostly, where the animals are fattened and "finished" on a diet of corn and other grains.

This feedlot system has enabled the country to develop its massive beef industry cheaply, efficiently and with less manpower.

Cattle ranchers contend that a wholesale, or even partial, transition to a grass-based system would be impractical and would drive up costs.

In recent years, however, critics of the feedlot system say the industry's growth has come at too high a cost for the environment, for human health and for the animals themselves.

About 40% of the country's corn now goes to livestock, helping make corn the most grown, and most valuable, crop in the country. But corn production is nitrogen-intensive, and critics say that run-off from nitrogen fertilizer has contributed to polluted waterways, most notably the growing "dead zone" in the Gulf of Mexico.

At the same time, cattle's corn-centric diets have contributed to fattier, less-nutritious beef that is higher in cholesterol and lower in good fatty acids, some say.

Because the cost of that beef is relatively low, consumers can afford to eat more of it, often in the form of fast-food burgers.

"Basically, it comes down to time," said Patricia Whisnant, president of the American Grassfed Assn., and a Missouri producer whose Rain Crow Ranch is among the largest grass-fed beef operations in the country. "You take an animal off of pasture, you give him antibiotics and corn, you're looking at harvesting that animal in 12 to 14 months. On grass, you're looking at 24 months, and more likely 28."

Altogether, these factors appear to be getting the attention of consumers who are willing to pay a premium for grass-fed beef. Producers and retailers are responding.

Until recently, most grass-fed beef was sold directly by the producer to the consumer, who often arranges to buy a whole side of beef through a special arrangement. Some grass-fed beef is also sold directly through buyers clubs.

But now it's becoming a bigger business, with some supermarket chains now stocking grass-fed beef.

Gustin writes for the St. Louis Post-Dispatch

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Growing up with grandma

NEW YORK — Each day at 5 a.m., Denise Peace rises and begins the task of waking and feeding five grandchildren, ages 2 to 17, and shepherding them out the door of her cramped but miraculously neat apartment in Brooklyn.

The 5-year-old needs to be on his school bus by 6:26. The eldest has to catch a 7 a.m. train. The 4-year-old must be walked to school in time for the 8:10 bell. The 2-year-old plays while Peace prepares the 3-year-old for day care. In the early afternoon, she reverses the drill, fetching children from bus stops and schools and getting them home for dinner, baths and bed. Peace collapses about 9 p.m.

"Then I just start all over again," the 56-year-old said of the moment when her alarm sounds the next morning.

It's a routine that changes once a month, when Peace travels to a Brooklyn church and meets with dozens of other grandmothers — and some great-grandmothers — in similar situations. All have been catapulted back into full-time parenting by the sudden losses of their own children. All have been brought together by the New York Police Department and local clergy for a chance to swap stories, compare legal and parenting advice, cry on a friendly shoulder, pray and simply let off steam.

"It comforts you. It lets you know you're not alone in this," said Peace, who learned of the close-knit group called Grandmothers LOV — for Love Over Violence — as she searched for programs last year to help women like herself. "They have your back. It's like another family."

It's a family that is growing. According to the 2010 census, the number of grandparents who are primary caregivers to grandchildren has risen 12.8% since 2000, from about 2.4 million to more than 2.7 million. Between 1990 and 2000, census figures indicate that the number of U.S. children being raised by grandparents rose 30%. And the Annie E. Casey Foundation, which studies children's issues, says that in 1970, 3.2% of U.S. children lived in grandparent-run households; by 1997, it was 5.5%.

With today's grandparents — particularly grandmothers — living longer and often staying healthier, they are more likely to be able to step in if parents die or are unable to raise their children because of illness, incarceration, drug abuse or other problems. The recession is believed to have played a role in the increase, with grandparents more apt than many parents to have the financial stability needed to raise children, said Robert Geen, the Annie E. Casey Foundation's family services policy director.

"I think there is a concern that the tough economic environment is putting pressure on parents — that it is simply overwhelming them," Geen said. "The big concern is that our social services system is completely oriented toward a nuclear family, so support available to grandparents is fairly lacking."

Joanne Jaffe, the housing chief for the New York Police Department, had noticed how many grandmothers were becoming the anchor for disjointed families. LOV, which first met in September 2010, evolved from her observations, and from Police Commissioner Raymond Kelly's work with Brooklyn clergy to combat youth violence.

Jaffe focused on grandmothers — not grandfathers — for several reasons. Among them: far more grandmothers than grandfathers are thrust into parenting roles because they often have more time, experience and willingness than men of their generation to rear their children's children. Jaffe wanted to empower those women to become leaders in combating violence and other problems in their communities.

"It's a giant family therapy group," Jaffe said recently as LOV members trickled into the Mt. Sion Baptist Church, on a busy corner near a loud highway overpass. There were women leaning on walkers and on canes, and at least one in a wheelchair. Another came with a squirming toddler in her arms.

There were squeals of joy and cries of "Welcome back!" as the women who had not seen each other in eight weeks — the group had taken a summer hiatus — huddled like giddy teenagers. For the next 21/2 hours, with their grandchildren and great-grandchildren in day care, at school, or being cared for by baby-sitters or other family members, they could focus on themselves and one another.

Inez Rodriguez said she had canceled hip and knee replacement surgery to come to the gathering. Daphne Georgalas lamented the challenge of resting babies on her tired shoulders. "I thought I was done — and lo and behold I have little Princess Emily now," she said of her infant granddaughter.

Jaffe, whose NYPD uniform was in sharp contrast to the colorful dresses and hats worn by many of the grandmothers, made a point not to sound too cheery as she greeted the crowd. Instead, she alluded to the city's bloody summer, when shootings left several children and teenagers dead and wounded in the very neighborhoods that many of the grandmothers call home, and hope to change by keeping their own grandkids out of trouble.

"I'm not going to say it was a wonderful summer. I'm not coming here saying it's been a wonderful year," Jaffe said as cries of "Amen" and knowing "Uh-huhs" filled the room.

As police officers in uniform dished out a hot buffet breakfast, the women began catching up with one another. One of them was Carolyn Faulkner, a slender 74-year-old, who raised two grandchildren, now 21 and 19, and is now raising a third — a 10-year-old girl.

"Between running to school and going to PTA meetings, it's a lot of work, but you know what they say to me?" she said of her grandchildren. "'Thanks, Grandma.' That's more than money can buy."

Faulkner says she stepped in to care for her eldest daughter's three children when it became clear their mother was not up to the task.

"She didn't do drugs or anything. She just didn't grow up," said Faulkner, who with her husband of 50 years has run a wedding planning business among other enterprises, and who sits on her neighborhood's community board.

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