Civil Litigation Cases

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Intoxicated Passenger Unable to Collect from Taxi Service

Posted on March 12, 2015 by Caroline Anderson - Senior Support Specialist

A taxi company and its driver were sued for wrongful death (negligence) when a passenger who was intoxicated exited the cab, and then within a half an hour walked into heavy traffic and was killed by a drunk driver.

On March 11, 2015, a Santa Barbara Court jury concluded the decedent’s mother could not collect even though the municipal law required a taxi driver to allow a passenger to exit only at a curb.

The Plaintiff’s lawyer argued the taxi cab was a common carrier and owed a higher standard (duty) of care to ensure the safety of its customers. The outcome was not based upon a lack of negligence by the defendants, and/or any one of them, however, but their neglect was deemed not the proximate cause of the death of the passenger. In other words, the conduct was not a substantial factor causing the death of the passenger in both time and location.

It is noteworthy that the 78 year old driver of the vehicle that struck and killed the victim was arrested and charged with felony hit and run. His blood alcohol was three times the legal limit, he entered a guilty plea and was sentenced to one year in the County Jail and three years’ probation. His insurance carrier paid the family who settled for policy limits of $30,000.

The case is: Quintanar v. Absolute Cab LLC., et al. (Santa Barbara Super. Ct., originally filed May 13, 2014).

If You Have a Professional License, When Should You Obtain Legal Advice?

Posted on January 13, 2015 by Caroline Anderson - Senior Support Specialist

If you receive a Citation or Notice of Violation for a crime and/or are arrested, you need to obtain legal advice immediately. Moreover, your concerns are far greater than your driver’s license. When you have a professional or occupational license, your career is at stake. Not only would it be reasonable to worry about losing your driving privilege, whether a few months or a year, you should not gamble on the outcome when your entire career is at stake. For those who do not have a professional or occupational license, it is wise to think ahead inasmuch as sometime in the future one may desire such a vocation or occupation. There are about 45 or more state licenses, and for the most part there are no statutes of limitations to prevent the government from using an arrest and/or a conviction to deny such a license. Think beyond today and as far as 5, 10 or even 15-20 years from now when you may have different aspirations or even a second career.

It is easy to find an attorney who handles a variety of legal matters, and there are many who boast they know licensing law. Preferably, one should pay more attention to the lawyer’s credentials than where he may be located in the State of California and/or whether you can obtain legal advice or representation for a smaller sum of money. It is irrefutable that an attorney who argues the obvious and charges less money is going to do less work. This is vastly different than a lawyer who places more importance on leveling the playing field; is passionate about obtaining a winning result; is a leader in the profession; has a consistent and proven record; goes to painstaking lengths and is meticulous about establishing an effective defense and offense; and is one to whom other lawyers seek advice and endorse as a distinguished attorney handling administrative law cases. Also, read the client reviews and compare the nature and number as this too may help in deciding how to proceed.

In the case of some matters, the state licensing Board or Agency may investigate a case before an arrest, such as when one is terminated or resigns from their employment and/or there is a complaint about one’s fitness to practice their chosen profession. In other cases, one may be prescribed certain drugs and narcotics that causes him/her to be suspected of having a physical or mental illness. This can even result in a forced physical or mental examination, as well as an Interim Suspension Order preventing one from working. There are countless types of cases that are investigated by the State Boards, Departments and Bureaus.

Lastly, if one is arrested for a certain type of offense, the Board may offer a Diversion Program and/or simply seek to have a meeting or interview you. Regardless how innocent you may feel or meritorious the claim might be, contact an attorney who focuses his practice on the area involved or subject matter; do so without delay or you risk a public Accusation filed against your license, and potentially the exposure of a criminal or civil case filed against you.

California Courts and Courtrooms Closing

Posted on November 18, 2014 by Caroline Anderson - Senior Support Specialist

Due to severe budget cuts of the Judicial Branch of Government, a huge number of courts and courtrooms in approximately 29 counties throughout California have closed, and some have had severe reductions in services. The Judicial Council of California has reported that over 50 Courthouses and over 200 Courtrooms have been closed as a result of past and ongoing cuts of the Legislature since 2008. The impact is huge since it hampers the opportunity for timely, effective and meaningful access to justice. This impact has negatively affected the Criminal, Civil and Family Courts statewide. It is reported that this massive problem affects about two (2) million California residents. Because it will undoubtedly only get worse, it is critical that the Legislature restore the funding to our court system.

What strains credulity is the extremely large increase in tax revenue during the most recent years are in the hands of the Legislature and Governor, while most of us hardly ever give much thought to the billions of dollars collected, administered and disbursed. That is why some commentators opine that government keeps getting bigger in nearly every other area when a free society needs to uphold the rule of law. Our judicial system is the place where disputes can be resolved and laws can be enforced and/or challenged in a rational manner with evidence and thru the eyes and ears of an impartial judge or jury. Although the Lady of Justice is depicted as blindfolded with a scale to weigh the facts and circumstances in an effort to balance truth and fairness, the demeanor of the parties and witnesses is a critical component viewed thru the eyes of all those present in the courtroom.

BULLYING: There Is No Place For It In The Workplace!

Posted on November 3, 2014 by Caroline Anderson - Senior Support Specialist

From the meek child on the playground tormented by a bully, to the workplace where a co-worker or supervisor targets and harasses an employee, there is no place for bullying. The laws are changing to address this, and so too must the policies in the workplace. Any workplace policies should be geared towards defining, identifying and deterring such “abusive conduct” in order to bring an end to bullying in the workplace.

Recently, California has passed a law requiring training in supervisors to prevent “abusive conduct” in the workplace. While actual anti-bullying laws have yet to be enacted, one who is in a protected category (such as age, gender, race, etc.) does have the law on their side. Bullying or targeted misconduct at a person based upon their protected status IS grounds for action under the law. However, this still leaves unprotected those who are bullied but who do not stand in a special category.

As of January 1, 2015, the new law in California for employers with 50 or more employees require anti-bullying as part of the mandated sexual harassment training. California Government Code 12950.1. Regardless, workplace policies must reflect the new legislation effective January 1, 2015 requiring employers with 50 or more employees to train supervisors regarding prevention of abusive conduct: For purposes of this section, “abusive conduct” means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

https://leginfo.ca.gov/pub/13-14/bill/asm/ab_2051-2100/ab_2053_bill_20140220_introduced.pdf.

There are now entire organizations, websites and programs dedicated to ending bullying in the workplace such as: https://www.workplacebullying.org/tag/california-healthy-workplace-advocates/, the Workplace Bullying Institute. There are now even many government resources dedicated to ending bullying: https://www.stopbullying.gov/laws/california.html.

Bullying is not limited to the supervisor-employee relationship. Due to poor interpersonal problems, competition, and expected team collaboration, co-workers are just as likely if not more to be a bully. This can take the form of gossiping, making up rumors, taking credit for others’ work, excluding/ignoring, and teasing through sarcasm. These often covert behaviors make it difficult to have quality work experiences and can often keep one excelling in job performance. Work supports are critical for motivation. Tattling to the boss just makes one look like a complainer and not a problem solver. What is needed is more solution focused communication training at all levels of the hierarchy.

Additional resources:

PACER’s National Bullying Prevention Center: https://www.pacer.org/bullying/
National Crime Prevention Council: https://www.ncpc.org/topics/bullying
Education. com https://www.education.com/topic/school-bullying-teasing/

For more information related to Employment Law, click the following link: https://www.spitalaw.com/san-diego-employment-law-attorney/

How to Handle Contacts and Interviews From Government and Others?

Posted on September 9, 2014 by Caroline Anderson - Senior Support Specialist

As a mater of great concern is what to do when confronted with a telephone call from law enforcement, a licensing Board, Bureau or Agency, and/or an investigator who is seeking to obtain the underlying facts, information, details &/or answers to questions. Even more challenging is when such an individual makes an in-person contact with you. It is the considered opinion of this writer that any of these inquiries may have or produce both intended and unintended consequences.

Accordingly, there are multiple reasons we do not recommend our clients participate in any dialogue and/or series of questions and answers, without the advice of experienced legal counsel. What may at first glance appear to be friendly and seem to not involve legal issues, may indeed produce legal exposure and liability. Seemingly innocent queries are frequently investigations, which then turn out to be interrogations rather than interviews by others, whether by the government or an other individual.

What are some of the issues:

1) these encounters and confrontations are frequently conducted under the guise of an interview when there appears to be reasonable cause that a violation of law has taken place that puts you at risk for criminal, administrative &/or civil liability.
2) when law enforcement personnel and/or an agent thereof has not admonished you regarding your “Miranda” rights to remain silent, that what you say may incriminate you, etc. Then and as a result, you may not really know and understand the underlying allegations, summary of issues and, in particular not know and fully understand your rights, and innocently make a statement that is incriminating.
3) far too often, the dialogue you believed was of little or no consequence is tape recorded.
4) the answerer is at a major disadvantage in trying to recall facts and respond when (s)he has not had a thorough opportunity to review the question(s) and all of the facts in a non-threatening environment, and hopefully with their personal attorney.
5) there is a built-in bias on the part of investigators or persons using a different title or description but conducting a search for information, facts and evidence, that the answerer is not likely to be fully honest and truthful because they believe the answerer has something to hide &/or they believe (s)he is equally informed of the facts of the case, and directly or indirectly is trying to be deceptive when nothing could be farther from the truth.

In summary, we recommend you confer with an experienced attorney before you engage in and or respond to any verbal or written communications from anyone (except your lawyer), whether from an investigator, enforcement personnel, analyst, government employee or staff and/or any other law enforcement officer or agent, as well as a former or current employer &/or their employees relating to what may be the basis of and/or lead to a violation of law, a legal problem, dispute or issue, disciplinary action, etc.

The Veteran’s Administration Paid Out over $100 Million Annually in claims since 2004

Posted on June 2, 2014 by Caroline Anderson - Senior Support Specialist

When our military men and women fight for our country, they are willing to sacrifice the most cherished aspect of their being, their life and all that it entails including their family, friends, dreams and desires. What do they get in return if they need health care? The subject of health care to our veterans has become public news, but it is really not a new problem. The ability of the VA to provide health care to our veterans has been a major challenge for decades. What is worse is the huge dollar amount paid out for approximately 3,000 medical malpractice claims. Hence, the level of care and treatment as evidenced by the VA paying out over $100 million each year in the last decade leaves much to be desired. And, that is only part of the equation. We are not talking about money, but actual individuals who gave 150% to fight for our freedom, but receive inadequate care and attention.

The above referenced lawsuits have occurred all over the country rather than concentrated in one region or at one, two or a small handful of particular VA hospitals. Moreover, these cases include all types of substandard care, including the failure to diagnose a medical condition or illness, prescribing the wrong medicine or drugs and simply bad surgeries.It is not a matter of finding someone to blame, it is the hard truth that lives are at stake;while the medical care should be provided at an optimum level, it is far too frequently deemed below the standard of care.

Certainly, the resignation of VA Secretary Eric Shinseki, offers little in the way of confidence that anyone else will fix the problems that are endemic to the VA as they mirror those found in most forms of government. This is not meant to be a political attack, and it is not about being conservative or liberal, Democrat, Independent, or Republican. but an undeniable and harsh reality. Our government agencies, departments, policies, procedures and operations, whether city, county, state or Federal, are simply not operated for profit,which is the very engine that drives people and business to succeed. Whether one calls it accountability, a burning desire to succeed,extremely high energy, and/or an optimum level of action and responsibility, the motivation of private enterprise is simply lacking in the business of government.This is not an indictment of government as a whole, but an observation that seems to be missing when the subject comes up. Regardless of your perception or the truth about government and/or the VA, our soldiers and military deserve much better. Let’s fight for them as they fight for us!

Supreme Court will Decide if Businesses can Claim Exemption to Contraceptive Law

Posted on September 20, 2013 by Caroline Anderson - Senior Support Specialist

The Obama administration has asked the Supreme Court to decide whether or not businesses can be forced to provide coverage for birth control, even if the owners disagree from a religious standpoint.

It certainly is understandable why an individual who is guaranteed rights per the U.S. Constitution would complain if those rights were lost or otherwise negatively impacted simply because he/she operates a business.

There are equities that favor enterprise since this is the way our country was built, along with the basic need for nearly everyone and certainly part of the American dream to do the best we can; the opportunity to employ others and grow a business to provide services &/or products greater numbers, and the simultaneous benefit to all of society in the resultant increased taxes received by the federal and state government so they are able to promote the general welfare. Nonetheless, the Obama administration through its lawyers contend a business does not have any religious freedoms and should be distinguished from hospitals and schools who claim they should not be bound by Obamacare that requires they cover contraceptives.

California may begin using digital license plates

Posted on September 5, 2013 by Caroline Anderson - Senior Support Specialist

California may try a pilot program that would test digital license plates.

The effort would cut down on processing and shipping costs. The initial program would have up to 160,000 California drivers participating. The bill passed through the Assembly, 71-3, and will return to the Senate for a final vote.

While the program would certainly save money and perhaps streamline the process, there is also privacy to think of. Some groups have pointed out that digital plates may allow the government to track motorists.

Bill would allow multiple legal parents

Posted on September 4, 2013 by Caroline Anderson - Senior Support Specialist

A measure that would allow for a child to have more than two legal parents is headed to the governor’s office.

If passed, this would make California the fifth state to pass such a law. Delaware, Maine, Louisiana, and Pennsylvania already allow for more than two legal parents. The bill would mark a change in regards to the role of parenting in our culture but would likely be used rarely.

Employees obligated to assist employers during investigations

Posted on July 25, 2013 by Caroline Anderson - Senior Support Specialist

A California ruling suggests that an employee is obligated to assist their employer during the investigation of another employee’s discrimination claim.

John McGrory was investigated, but it was determined that he had not discriminated against another employee for being a lesbian. However, he was fired for violating the company’s sexual harassment policy and being uncooperative during the investigation process. He then sued Applied Signal Technology for wrongful termination, saying that his termination violated public policy. The court, however, did not agree.

If an investigation is happening in a workplace, employees should be respectful and cooperative. It is a privilege, not a right, to have a job. If in doubt, you should see the advice of an employment lawyer, first being certain the attorney has no conflict of interest.

Category Archives: Civil Litigation Cases