We are all human and are bound to make mistakes, this includes trial courts. However, the decision on whether to appeal a decision of the court is not an easy task and the procedural elements associated with filing an appeal if not followed properly can have devastating effects, including dismissal...
In Kirchmeyer v. Phillips, the California Court of Appeal for the third district once again solidified the importance of the psychotherapist-patient privilege against an unwarranted investigatory subpoena for production of patient’s records. Kimberly Kirchmeyer, as Executive Director of the Medical Board of California (the Medical Board), launched an investigation of Geoffrey Phillips,...
Rejali Law Firm, APLC has filed suit against Regents of the University of California San Diego (“University”) in San Diego Superior Court. The Lawsuit alleges that the University through its employees, agents and associates has violated California’s discriminatory laws, has allegedly committed promissory fraud and negligence against its client. The parties...
On November 30th, 2015 in the case of B.H. v. County of San Bernardino (2015) The California Supreme Court affirmed in part, and reversed in part, the decision of the Court of Appeal. Plaintiff sued the San Bernardino County Sheriff's Department and a deputy sheriff for not reporting child abuse allegations to the child...
On May 7th, 2015, a three judge panel for the Second Circuit Court of Appeals became the first appellate court to rule on the legality of a government surveillance program, put in place in the interests of national security. The claims in A.C.L.U. v Clapper, brought after the surveillance was...
Ordinarily, shareholders are not personally responsible for corporate liabilities. However, if a corporation has been operated as the “alter ego” of its shareholders, the corporation’s creditors-including torts claimants- may be permitted to “pierce the corporate veil” and enforce their claims directly against the shareholders. (Similarly, an action may lie on an “alter ego” theory...
ALLEGED FRAUDULENT AND DECEPTIVE BUSINESS PRACTICES IN MISSION VIEJO, CALIFORNIA Our firm has been recently retained to represent a client against a business operating in Mission Viejo, California for alleged fraudulent and deceptive business practices. The business establishment consistently advertises on cable TV promising potential investors a 60% return on...
On July 24th, 2014, our clients (“Plaintiffs”) submitted her engagement diamond to be graded and inscribed (for insurance purpose) to the world’s most trusted diamond grading expert, directly to their headquarter located in Carlsbad, California. They would have been better off not paying for their grading services, and going to...
There has long been confusion among the legal community as to the application of California Rules of Court 3.1320(j) and California Code of Civil Procedure (“CCP”) § 471.5(a) as they relate to the time a defendant has to respond to a complaint following the courts decision to sustain its demurrer. California Rules of Court...
In a famous quote Abraham Lincoln stated: “Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.” Litigation is a position no party would want to find themselves in. It is...
Personal injury is a subset of a large umbrella of the law called torts. It offers legal rights to victims of physical or psychological injuries, which come as a result of the wrongdoing or carelessness of another person, government, company or entity. There are different types of personal injury under...
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