May 30, 2009

Vallejo City Unified School District Agrees to Pay $25,000 to Harassed Lesbian Student

In addition to revamping school district anti-discrimination policies, Vallejo City USD has agreed to pay student Rochelle Hamilton $25,000. The agreement was made in response to Ms. Hamilton’s complaints, prior to any lawsuit being filed.

Vallejo%20USD.jpgMs. Hamilton was represented in negotiations by ACLU attorney Elizabeth Gill. The complaints allege that teachers verbally harassed then 16 year old Ms Hamilton over her sexual orientation. The teachers then forced Ms. Hamilton to attend a counseling session for gay students. Attorney Gill said the counselor tried to discourage Ms. Hamilton and other students in the session from being gay.

Additionally, according to a letter dated Jan. 17, 2008, from the ACLU to district Superintendent Mary Bull, staff members made comments to Ms. Hamilton including: "Remember, you're a girl, not a boy," and, "You can get HIV/AIDS from being gay and messing with females."

This entire emotional trauma left Ms. Hamilton too depressed to do homework. She would often cut class because she felt like there was no point since her teachers did not care about her getting an education. She ultimately changed high schools.

Ms. Hamilton, her mother and ACLU attorney Gill are looking forward to the school district following through with the agreement. But, if the district defaults on the legally binding agreement, the ACLU will sue, Gill said.

May 28, 2009

Lawsuit Claims Costco Employee Repeatedly Held Against Her Will

A lawsuit which seeks class action status was filed against Costco Wholesale Inc. claiming violations of California wage and hour laws. Mary Pytelewski, a full time employee at a San Diego area Costco store for over 10 years filed the suit.

costco.jpgPytelewski alleges that Costco company policy requires employees to clock out and then remain locked in the store for 15 minutes while managers close the store each night. In addition to wage and hour violations, her attorneys state that Costco’s practice of locking the employees inside the store after they clock out is the equivalent of false imprisonment. The lawsuit seeks $50 million in damages.

When Pytelewski complained about the practice she was "rebuffed and ridiculed at every turn." Then she was given a negative evaluation, and a supervisor was assigned to her cash register at closing time to watch her.

Her attorney David Sanford stated "Costco makes the false claim that locking these employees inside its warehouses until store managers and supervisors complete their closing routines is necessary for store security."

By my calculations, IF Ms. Pytelewski was a full time employee who was prevented from leaving 15 minutes a day, 5 days per week, 50 weeks per year for 10 years that would equal 37,500 minutes. That is 625 hours, or the equivalent of over 78 eight hour workdays without hourly or overtime pay.

If the allegations are true, I wonder how many other Costco employees will join the lawsuit, in California as well as other states.

May 26, 2009

UCLA Settles Civil Rights Lawsuit Over Student Tasered by Campus Police in Library

When US citizen Mostafa Tabatabainejad, then a 23 year old senior at UCLA, went to the library in November 2006, he didn’t expect any of the following to take place: He didn’t expect to be asked for his ID by campus police. He didn’t expect campus police to Taser him (allegedly 3 times) for failing to provide his ID. And, he didn’t expect video of the altercation to end up on YouTube.com.

UCLA%20library.jpgMostafa Tabatabainejad filed a lawsuit claiming his civil rights had been violated.

Following multiple investigations which included reviews of all YouTube videos capturing the event, the acting chancellor’s police accountability expert found the use of the Taser violated department rules.

UCLA police brought in their own expert who cleared the officers involved of any wrongdoing. Then the UCLA police implemented a ban on the use of a Taser on people presenting purely “passive resistance.”

In a statement, UCLA said they would pay $220,000 to settle the lawsuit. The university also said the settlement would allow Tabatabainejad to “complete his UCLA degree and move forward with his career.” Lastly, the statement said there would be no further comments by Tabatabainejad or the university.

Although not in the statement, this attorney would expect the settlement to also include appropriate retraining for all UCLA campus police related to the use of force and Tasers.

May 24, 2009

Lawsuit Filed Between Sex Toy Party Business Rivals

Brown Bag Party of Costa Mesa, California filed a lawsuit in California Federal Court against competitor Pure Romance of Loveland, Ohio. The lawsuit accuses Pure Romance of false advertising, unfair competition, libel and interference with business. Brown Bag Party is seeking at least $75,000 in damages.

Brown%20Bag.jpgBoth companies are national competitors in the sex toy, home party business.

According to the lawsuit, at a Las Vegas convention for independent contractors earlier this year, Pure Romance representatives and owners disseminated information that Brown Bag Party was in bankruptcy, going out of business and being acquired by Pure Romance.

Attorneys for Brown Bag say those statements are untrue.

The lawsuit alleges that the statements were made in an attempt to convince independent contractors to sell Pure Romance products and not those of Brown Bag Party. It also alleges that those making the statements knew they were untrue when they made them.

Pure Romance has also filed a lawsuit against women in Hamilton County Ohio who dropped their Pure Romance affiliation and switched to hosting parties for Brown Bag. That suit has been transferred to federal court.

Continue reading "Lawsuit Filed Between Sex Toy Party Business Rivals" »

May 21, 2009

Los Angeles Unified School District Fails to Protect Children, Ordered To Pay

The Los Angeles Unified School District has been ordered to pay some $1.6 million to families of three girls who were molested by a teacher's aide, a man named Ricardo Guevara. The man is now incarcerated and will spend the next 15 years in jail for lewd acts with a child.

LA%20USD.jpgWhat is incredibly difficult to understand is that the jury and the public were never told that this was actually the third set of accusations that were brought against this man. In two other incidents, he was accused of such crimes and yet, due to a lack of evidence, no charges were pressed and even worse, the man was placed back into the classrooms.

The L.A. Times states that over the years, this is a pattern that the school district has had. There have been other instances, other cases, in which sexual misconduct complaints were brought to the attention of the school district in regards to employees. But, the claims were dropped and the individuals ended up in other schools. In one such instance, the new principal did not know of the background of Guevara.

The evidence is striking. In one instance, a school teacher was accused of molesting a 4th grade student in 2001. Prosecutors declined the case and the man was transferred to another school. He repeated the action and in 2004 was sentenced to six years in jail.

In another instance, an elementary teacher was accused of misconduct for insisting that a child sit on his lap and pose for a camera. The case was brought before the police who told the school to handle it administratively and they did by just telling the man to stop. Later, he pleaded no contest to sexual abuse of a child and will spend 16 years in prison for it.

The problem with these cases is that the legal system does not believe there is enough evidence to pursue legal action. More so, the only evidence comes from frightened children who are often too scared to talk. Many believe, though, the schools should err on the side of safety for the child, rather than protecting the teacher.

May 18, 2009

ACLU Wins Prayer Ruling

In Pensacola, Florida, the American Civil Liberties Union (ACLU), has won a case that has been in the courts for several months now. The case was filed on behalf of two students at Pace High School.

pace%20high%20school.jpgThe suit was filed against the Santa Rosa County School Board and named former Superintendent of Schools John Rogers and H. Frank Law, Pace High School principal, as defendants. The students claim that the school allowed religious prayer and promoted religion through the activities the school offered, such as offering prayer at school events. They believed this was a violation to their rights under the Establishment Clause of the First Amendment under the state's constitution.

The federal judge presiding over this case agreed, and awarded the students a settlement of $1. The judge's ruling stated that the school officials could not promote, endorse or participate in any type of prayer during or in conjunction with any activities for the school. They cannot provide any religious event planning, financing or organizing. They cannot host any school type event at a religious facility if there are other suitable options available. They also can no longer talk about their religious beliefs within the school's classes.

The ACLU worked for two years to try to get a settlement from the school board, and filed suit when they could not reach one. The school must instruct district staff members of the new requirements.

May 17, 2009

Lawsuit Filed Against New York Law Firm Chadbourne & Parke Over Legal Research Fees

California attorney Patricia Meyer has filed a lawsuit on behalf of a former Chadbourne & Parke client alleging overcharging of fees related to legal research. The complaint alleges unfair business practices, unjust enrichment, fraud and deceit.

legal_research.jpgFormer client J. Virgil Waggoner retained the Chadbourne law firm in 2002. His bill totaled $108,000.00, of which $20,000 was for legal research related to his matter. Ms. Meyer claims the research should have been only about $5000. The lawsuit alleges that Chadbourne billed Waggoner for research on an hourly basis, while paying the research on a flat fee basis.

Ms Meyer states that the practice of profiting from costs, without disclosing the practice in the client retainer agreement violates rules of professional conduct set forth by the California and American bar associations. There was no such disclosure made to Mr. Waggoner.

In a statement, Chadbourne partner Thomas Hall paints a different picture: "We adamantly deny this claim of Mr. Waggoner, with whom we ended our relationship over four years ago. It is telling that Mr. Waggoner -- a Texan who had retained our New York, not California, office -- filed suit in California only after his New York malpractice lawsuit against Chadbourne was dismissed and only after we sued him in New York for unpaid fees."

Ms. Meyer said the reason the lawsuit was filed on March 2, but not served on Chadbourne & Parke until May 1 is because she did not want to compromise other investigations alleging similar claims. She went on to say that similar lawsuits are in the pipeline, and she has evidence that shows at least a dozen other law firms are overcharging clients for legal research.

Continue reading "Lawsuit Filed Against New York Law Firm Chadbourne & Parke Over Legal Research Fees" »

May 16, 2009

Class Action Lawsuit Filed Against KB Home Alleges Inflated Appraisals

While this lawsuit is newsworthy, the allegations against residential developer KB Homes are echoes of previous lawsuits.

Most recently, this lawsuit filed in Federal Court in Phoenix claims the builder conspired with Countrywide Financial to inflate appraisals for home sales in Arizona and Nevada. The lawsuit estimates the average appraisal was inflated by $20,000 for over 14,000 homes built by KB in Nevada and Arizona.

money_house.jpgMore homeowners are expected to join the lawsuit filed on behalf of all who purchased KB homes in Arizona and Nevada since 2006 and used Countrywide as the lender.

Historically, KB (formerly known as Kaufman Broad) owned its own mortgage company, KB Home Mortgage Company. In 2005 the US Department of Housing and Urban Development (HUD) fined KB $3.2 million for poor mortgage underwriting practices. By that time, KB had sold its mortgage company to Countrywide Financial.

About a month later (August 2005) the US Federal Trade Commission (FTC) fined KB $2 million for violation of a 1979 FTC agreement related to arbitration clauses in its contracts.

In 2008 this blog posted “KB Home and Countrywide Sued Over “Inflated” Appraisals” related to similar and identical issues involving California homeowners.

California Attorney General Edmund G. Brown Jr. filed a lawsuit against Countrywide in June of 2008 (amended in July 2008) alleging shocking loan practices. Brown stated "In one case the company approved an adjustable rate mortgage to an 85-year-old disabled veteran with such a low credit score and high debt that he defaulted in less than six months."

R.I.P. Countrywide: In January, 2008 Bank of America bought Countrywide for $4 billion in stock. In April, 2009 Bank of America announced the end of the Countrywide name. It will now simply be called Bank of America Home Loans.

May 15, 2009

California Attorney General Jerry Brown Files Suit in Property Tax Reassessment Scam

Earlier this week, the following lawsuit was filed in San Diego Superior Court “PEOPLE OF THE STATE OF CALIFORNIA VS. SEAN MCCONVILLE” by the California Attorney General’s office.

The lawsuit alleges that brothers Sean and Michael McConville and their companies Property Tax Reassessment and Property Tax Adjustment Services targeted tens of thousands of California property owners in an effort to fraudulently obtain $179.00 from each while promising to lower their property taxes through reassessment.

Click on images below to view actual letter:

AssessmentLetter1.jpgAssessmentTH2%2Cjpg.jpg

The problems were numerous. According to the lawsuit the McConville brothers’ companies mailed out letters that implied a connection to a government agency, looked like bills, offered services for $179.00 that are available at little or no cost directly from all county assessors, and allegedly failed to deliver services when paid.

According to Attorney General Jerry Brown “These scam-artists ripped off thousands of homeowners for property reassessment services readily available free of charge.” He continued “This lawsuit seeks to end the deception and blocks these companies from continuing to scam homeowners.”

Brown’s suit seeks an end to the scam and at least $2.5 million in civil penalties.
The Ventura County District Attorney’s Office charged one of the brothers last week, Sean McConville, with 20 felony counts for criminal conduct stemming from his property tax reassessment operations.

And this was not the McConville brothers first brush with the law. On April 16, 2008 the California Department of Corporations filed enforcement actions against the brothers and ALG capital. Those documents are available HERE.

Homeowners who believe they have been victimized by this or any other property tax scam should contact the California Attorney General’s Office at: 1-800-952-5225 or their local County District Attorney.

May 11, 2009

Graduation In Churches Not Okay, Says Wisconsin Students, Families

A group of parents and students have sued the Elmbrook School District in Waukesha County Wisconsin to stop the district from holding graduation ceremonies in a Christian church. The school district has hosted the graduations of both Brookfield Central High School and Brookfield East High School in the Elmbrook Church for some time. The group claims, that forcing non-Christians to be in the church is a violation of their constitutional rights. They claim it creates an atmosphere that makes them uncomfortable.

Elmbrook_Church.jpgAmericans United for Separation of Church and State is helping the parents and students through suing the school district. The group that is suing the district includes one graduating student, several alumni and parents. The school defends their actions to use the church, claiming that the facility is larger and that it is a much more comfortable atmosphere than the other buildings available for such a graduation ceremony in Waukesha County, about ten miles west of Milwaukee.

Originally, the mega-church agreed to cover the large cross that was positioned in the sanctuary. However, it later changed its mind and uncovered it because the church "wants to share its facilities without compromising its identity" as the claim noted. Additionally, those visiting the church for the ceremony also must pass Bibles and Hymnals that are placed in the pews. This creates the uncomfortable situation they are concerned about.

The lawsuit is clear in what it wants to happen. It wants the school district to no longer host this year's or any future year's graduation ceremonies in the mega-church complex. It is also seeking damages for the students and parents named in the case.

The school claims that they do not have an alternative site for the event and that while the church will remove anything that is nonpermanent, it will not move anything that is a permanent fixture within the facility.

May 7, 2009

Teacher Uses the Word "Kill", Files Lawsuit, New Jersey Supreme Court Rules Against Her

In Jersey City, New Jersey, the New Jersey Supreme Court informed a teacher that she could not take action against the school officials who called police on her and sent her for psychiatric evaluations for using the word "kill" in reference to the amount of stress she was under.

The woman, Sopharie Leang, is a Cambodian immigrant who taught English as a second language to students at a public school. She claims that she said her laryngitis on a particular day was brought on by stress and that her doctor told her that, "the amount of stress in my body could have killed some people." But, another teacher, whom Ms. Leang was speaking to in front of a body of 22 students, claims she said, "I'm so stressed out I can kill 22 people."

brain.jpgThe school took decisive action, which the Supreme Court ruled was the right step to take. The school district was justified because an "appropriate and decisive response" was required in this case. The laws that define the boundary between teacher's rights and student's protections is a fine line that often needs to be tested, by cases such as this.

When the other teacher, Vladmir Ashworth noticed her behavior and poor appearance, he reported the situation to the school nurse and to the principal. At that time, the teacher was escorted to the nurse’s office to wait for the principal. When the principal returned to the school some time after being notified, Leang became further aggravated. At that time, the principal called the Jersey City Police Department stating that an emotionally disturbed person was at the school.

She was later taken to a hospital where it was determined she was under a lot of anxiety and her blood pressure was elevated, but she did not have any homicidal ideation. The teacher sued the school district and school officials for the situation claiming a list of claims including breach of contract, wrongful or constructive discharge, sexual harassment and several others. The claims were placed in one lawsuit, which was dismissed on judgment due to the lack of evidence in the case.

The case went in front of an appellate court, which restored some of the claims. After much deliberation, it was determined by the Supreme Court of New Jersey that Leang did not have any cause of action to sue the school officials for their actions.

If you are interested in reading the entire 46 page Supreme Court opinion click here.

May 3, 2009

Parents In Utah School Outraged Over Kids' Safety In School

Two parents found out weeks after the incident that their children were being abused emotionally and potentially physically by another student in their special needs class. The parents, told only of the incident by a classroom aide are furious that the teachers and school officials failed to tell them what actually had happened to their children while in the care of teachers. The events occurred at Plain City Elementary in Utah.

Bully_bathroom.jpgThe mothers, Debbie Veldhuizen and Jamie Doak, have filed a complaint with the Office for Civil Rights and have sent notice to the Utah Professional Practices Advisory Commission and the Weber district. Nothing has been done. A lawsuit was dismissed for not being properly filed and they have since stopped pursuing it. They have moved their children out of the school.

But, What Happened?

According to a teacher's aide named Holly Wilson, a third child, not identified, touched Veldhuizen's clothed groin during school, causing him to have an accident. In addition, the same child harassed her son in the bathroom, screaming profanities at the child and threatening to kill him. The eight-year-old boy was so frightened; he was afraid to use the restroom and began having accidents. The other boy, Tucker Doak, does not speak and is about the size of a toddler. The same student choked Tucker and later tried to suffocate him.

The mothers believe that the school officials should have done more for their sons, specifically alerting them of what was happening. However, the school authorities said they did not alert outside authorities because they have to be careful doing so when children act out against other children. They work as a team to handle the situation and ensure it does not happen again. The mothers do not blame the offending child because he too is a special needs child. They do blame the school for the lack of notification and the lack of providing the proper environment.

Throughout the school year, there were four aides. Moreover, for six months of the year, there was no licensed teacher in the classroom due to budget shortfalls.

May 1, 2009

Wolfgang Puck’s Spago Sued over Bathroom Injuries

Spago patron Marjorie Linden claims that in 2007 she had to use the ladies room during lunch at the famous Beverly Hills restaurant. Linden claims that the condition of the restroom was deplorable with the floor covered in urine and feces.

Spago.jpgHer lawsuit states that while using the only usable toilet, which had no lock on the door, an unfortunate and preventable series of events left her with significant injuries.

As TMZ.com tells the story: “…Linden claims she had to use one of her hands to hold the door closed while she took care of business on the throne. But mid-squat, with her hand stuck firmly on the handle, another woman allegedly yanked the door open causing Linden to fall "face-first onto the tile floor."

The lawsuit claims that Linden messed up her knee, broke her back and caused serious mental damage.

Spago reps state that cleanliness of their bathrooms has never been an issue. "In our 27 years of business we've never had an issue close to this ... that portion of the claim is totally without merit."