Category Archives: Civil Litigation Cases

Filner’s sexual harassment debacle

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While the rates of sexual harassment have fallen in recent years, it is still a pervasive problem, especially in the workplace.

Scandals such as the recent call for the resignation of San Diego Mayor Bob Filner remind us that the problem is not going away by itself, and that the harassment can hurt more than just the person who is being harassed. In the case of businesses, sexual harassment cases can divide teams, destroy trust, damage reputations, and potentially make the business lose money.

An accusation of sexual harassment, whether it is true or not, can be destructive. Either the allegations are true, and women are being treated in an abusive manner, or the allegations are false, and a dark shadow is cast over someone’s reputation.

 

Retail sale of dogs and cats banned in San Diego

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It is a sad reality that once again free enterprise is being controlled, as proponents have prevailed in the argument that far too many businesses that breed animals have in the process exploited small pets. Perhaps if there had been adequate self-regulation, fewer critics would have gained notoriety and prevailed in their narrative.

It seems emotion has ruled over reason and we are seeing one more example of government getting bigger and, therefore, sacrificing our cherished rights and personal liberties.

With far better education as well as more and appropriate media coverage, this and so many issues could be addressed without government intervention.

20-year-old Wrongfully Fired

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It’s important to know your rights as an employee.

20-year-old Anthony worked as a cook and dishwasher at a Mountain Mike Pizza franchise near Antelope, CA, for six months. Anthony also suffers from bipolar disorder. During the time he was employed at the pizza place, his disorder did not affect his work performance. On one of his days off, Anthony had a breakdown and had to be hospitalized overnight, causing him to miss his shift the next day. His boss asked him to bring in a doctor’s note, which said “Crestwood Psychiatric Clinic” at the top.

As soon as Anthony’s employer found out about his bipolar disorder, she allegedly cut his hours to zero, while still keeping him on as a technical employee. She told him that she had no hours for him. This went on for about three weeks, until Anthony sat down with her. Then, he said, she accused him of threatening her, the company, and another employee.

Anthony had the presence of mind to contact the California Labor Board after he got fired, since he felt that his former employer was violating California labor laws. If you or someone you know has been discriminated against in the workplace, make sure to use the proper legal channels to report the incident and take action.

 

Doctor sues pharmacies for wrongful blacklisting

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Dr. Roy H. Simon sued Target and Rite Aid, claiming that he was wrongfully blacklisted from their pharmacies.

He claims that they will not fill his patients’ prescriptions, and falsely told them that he is on a federal “watch list.”

Dr. Simon’s medical license was placed on probation in April of 2011, but the suspension was overturned by the Sacramento Superior Court in September of 2012. Thus, he says he was placed on this list in error.

 

San Diego dating service The Ideal Match faces lawsuit

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A California man is suing a San Diego dating service for unfair business practices. The man is one of three unhappy clients who claim to not have received what they paid for. According to the man featured in the story, he was sold on the expertise of the supposed patented matchmaking service. He paid $2,000 for the service and was promised to receive 10 matches. Moreover, the man stated few of his matches were what he requested.

Losing plaintiff in disability suit must pay defendant’s attorneys fees, state Supreme Court rules (Sam Spital)

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Commentary by San Diego Personal Injury Attorney Sam Spital:

“One of the headlines in the Los Angeles Daily Journal online edition on December 18, 2012 reported the California Supreme Court ruled in a unanimous Decision that the Plaintiff, who was on a wheel chair and sued under the American with Disabilities Act as well as related state laws claiming he could not gain access due to a 4 inch step at the entrance of a grocery store, was liable for $118,000 in attorney fees of the Defendant owner when he lost the case.

The Decision of the California Supreme Court is in conflict with Federal law and the most recent interpretation by the U.S. Circuit Court of Appeals that only requires a Plaintiff to pay the attorney fees of the Defendant if the case is deemed frivolous.

The general rule in the United States is the losing side does not have to pay the attorney fees of the winning party. There are many exceptions in California and other states, including when a contract or statute specifies the losing side is obligated to pay the attorney fees of the prevailing party. It is also noteworthy that many judges use their discretion by applying equitable remedies to decide these cases and on the basis of justice and fairness may or may not make such an award. In England and other countries, the losing side on the other hand is often compelled to pay the attorney fees of the opponent.

Proponents of disability lawsuits claim the Supreme Court ruling is far too harsh and punishes individuals for filing these cases if they lose. However, the cases can and are often brought in Federal Court because of the different law. The opposing argument is that lawyers who represent Plaintiffs in these cases accept them on a contingency fee basis (the client pays nothing unless he prevails and collects) and the lawyer knows or has reason to know the Defendant in such a lawsuit will have to bear a huge burden to defend such cases and, therefore, must consider the costs vs. benefits, namely whether the case has substantial merit and not gamble on the outcome at the expense of the defendant.”

Want to Sue Metro? Too Bad, Maryland Court Rule (Sam Spital)

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COMMENTARY BY PERSONAL INJURY LAWYER SAM SPITAL:

“In the DCist daily online news, it was reported on November 8, 2012, the Court of Appeals of Maryland, the highest court in the state, reversed jury awards in the lower courts and , therefore, held persons who are injured as a result of a slip and fall at the Metrorail station cannot sue the Washington Metropolitan Area Transit Authority for what might be labeled violations of the standard operating procedures (negligence in the maintenance and/or cleaning of the grounds).The basis for the high court’s ruling was the 11th Amendment of the U.S. Constitution that gives sovereignty to states.

The claim of immunity does not preclude other lawsuits, such as vehicular accidents.”

 

 

 

Deputy kills inmate at hospital (SAM SPITAL)

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“In the Fox Channel 5 online news reported on September 3. 2012, there is an account of an inmate at the San Diego County Jail who appeared to be unresponsive in his cell. When deputies entered the cell, however, it was reported the inmate attacked the officers. Shortly thereafter, the inmate was taken to the University of California, San Diego Medical Center. (UCSD Hospital). While having a computer tomography (CT) scan, the inmate slipped out of restraints. Then, the inmate started swinging a chain at deputies and a medical technician. A deputy fired a Taser dart at his torso and he was struck with batons. Nonetheless, the defendant was able to stand up and as he was charging at a Deputy Sheriff, he was fatally shot.

These situations only remind us how vigilant law enforcement must be when at work, whether on duty in the street, in the jail or hospital.. Sadly, there are individuals in society that do not or cannot respond to directions from law enforcement, whether it is a result of their mental condition, use or abuse of drugs and/or behavior that is otherwise unpredictable or uncontrollable. No one condones taking another person’s life, except where there are special circumstances such as “self-defense, which appears to be the case in the situation described by the online reporter. Neither the conduct of the defendant nor the officers can be assessed without all of the facts and information. Until that is available, the best anyone can do is to wait and see before rushing to judgment. At the same time, the account sheds light on the increasing challenges that exist in society today. We all must be mindful of these stresses and try to put sufficient balance into our lives regardless what we are doing and where we are, as well as to be more tolerant and have greater understanding.”

Sam Spital, Criminal Defense Lawyer

Two LA Clerk’s Office employees disclose confidential information (SAM SPITAL)

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“The allegation that two employees in the Clerk’s Office of the Los Angeles County Superior Court used their position to obtain and disclose confidential information is serious. This not only raises the question as to a violation of their oath of office, but a breach of their duty to the public they serve.

No one should rush to judgment on what they read or hear. All of the facts must be considered.

It is important to follow the principle a person is innocent until proven guilty.”

Sam Spital, Criminal Defense Lawyer

Woman falsely represents a licensed physician

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“Nothing could be more personal than the care and treatment provided by a licensed physician. We place our trust and confidence in doctors and in turn expect them to apply their sound judgment to carry out proper medical protocols and procedures, and to provide the appropriate medical advice and services.

For anyone to falsely represent she is a licensed physician when not is at the very minimum unspeakable.

Even more troubling is the fact a lay person took a huge amount of money for her “alleged services” and injured an innocent victim who relied upon and was entitled to receive quality medical attention.

As a San Diego criminal defense attorney, at times we may not dispute criminality, but focus on the defendant’s recognition of wrongdoing. There may be a defense to the wrongdoing, but the emphasis can be on the punishment. Here, what should be taken into consideration are a host of special factors, such as remorse and the lack of a prior criminal record.

Not knowing anything more about this case than published in the news media, the best one can do is try not to be too judgmental. Once a complete life history of the defendant, an analysis of all of the facts and issues, and the elements of motivation and an individual’s mental state are known and considered, a criminal defense attorney can develop his strategy.”

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
Samuel E. SpitalClients’ ChoiceAward 2021 Samuel Eugene SpitalClients’ ChoiceAward 2020
avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing
avvo rated 10/10 in Personal Injury Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews