Land Use: Discretionary Entitlements

Three recent appearances by Partner R. Bruce Evans before the San Diego County Planning Commission paved the way for SSJ clients to bring business and employment opportunities to Southern California. Evans represented Fresh & Easy Neighborhood Markets (owned by British retailer Tesco), which sought to open two markets in the unincorporated communities of Spring Valley and Fallbrook, and Longs Drugs which sought to build in the rural community of Alpine. In each case, the County initially denied the discretionary approval for the sale of alcoholic beverages based largely on written opposition from the San Diego Sheriff’s Department. After SSJ was retained to handle these appeals, Evans, working with Associate Attorney Julia Sullivan, was able to negotiate with the Sheriff’s Department to craft operating conditions tailored to address the specific law enforcement concerns for each location. As a result, the Sheriff’s Department withdrew its opposition. Despite opposition from the County’s Planning Staff at the public hearing, the Planning Commission granted all three appeals overturning the decisions by the Planning Department. Evans says, “these appeals were successful because we were able to create consensus between stakeholders, community leaders and local law enforcement officials to address their legitimate concerns related to the sale of alcoholic beverages.”

ABC Seminar Scheduled on Feb. 12, 2009

SSJ Law Conducts Periodic Seminars on topics of interest to Alcohol Beverage Control Licensees and Discretionary Permit Holders at the State and Local levels. Clients and the general public are always welcome. Upcoming and recent seminars are detailed below:

Santa Ana, California - February 12, 2009

ABC Seminar Details
Topics: Removing ABC Conditions, New ABC Rules
1:00 to 3:00 p.m.
Doubletree Club Hotel Map
7 Hutton Centre Drive; Santa Ana, California 92707
(714) 751-2400 (hotel information)
(310) 822-9848 (for reservations)

Alcoholic Beverages Control in California

There is danger inherent in the sales and service of alcoholic beverages. ABC Rules, regulations and statutes govern ABC Licensees both off-sale licensees as well as on-sale licensees. Even the time when alcoholic beverages can be served and consumed is regulated by ABC law. Service of alcohol after hours is a violation which could generate an ABC accusation, an administrative hearing, a decision and a review by the Alcoholic Beverage Control Appeals Board.

But there are rules that also govern the Department of Alcoholic Beverage Control. Restaurants, hotels, convenience markets and stores, liquor stores and bars and night clubs have rules. For example, licensees cannot sell alcohol to minors. Licensees cannot sell alcohol to obviously intoxicated persons. Licensees throughout California must strictly adhere to these rules. The Department of Alcoholic Beverage Control must follow its own rules and the Law Firm of Solomon Saltsman & Jamieson had won appellate rulings at the Courts of Appeal and California Supreme Court where the courts have mandated such strict adherence by the ABC to its rules and to administrative procedures required by statute and to the constitution.

Applicants for transfer of ABC licensees also have to be aware of the application process and the municipal Conditional Use Permit process frequently set as a condition precedent to obtaining a license. Such application may be protested with such issues as high crime, over-concentration of licenses and proximity to schools, churches and playground stated as grounds why an application should be denied.

Log on http://www.ssjlaw.com/Alcoholic_Beverage_Control.html

Helping People with Traumatically Induced Spinal Injuries and Traumatic Brain Injuries is Our Passion

Every 27 seconds an American suffers a lifelong traumatic brain injury “TBI”-related or traumatically caused spinal injury-related disability from falls, car crashes, assaults, medical malpractice, sports accidents, and other means.

If this is you or a loved one what do you do? Where do you go for help? What services are available to you and your friends and family who, along with you, have their lives changed forever by trauma induced disabilities? Changes you never thought possible, much less planned for, now require decisions, and now you need guidance in many areas of expertise.

But where do you find these services? How do you know which services will help. How do you know what you need? The cost of rehabilitation, life care for every day needs, identifying those needs, and how to make every day life easier. How to make every day life livable?

And, who or what will pay for all of these expensive necessities?

There are government services available, and in some cases health or long term care insurance as well, to help you and/or your family if you are afflicted or close to someone who has sustained such damage. Necessary life care and rehabilitation services to children, seniors, victims of domestic violence, racial or ethnic minorities, women, and others are available. It is necessary to transition people from hospital to home;find trained families, teachers and communities that know how to care for people with TBI or spinal related injuries; what rights protect TBI or spinal cord injury (CSI) victims nationwide.

In addition to the medical and rehabilitation experts that can provide much of this help you and/or your loved ones need financial help to cope with these changes.

Again, who will pay for all of these expensive necessities? What happens where there are not government services for particular needs you have, or there is no insurance or the insurance runs out?

How do you make your new life, and/or your loved one’s new life, as a person with disabilities productive, rewarding, and satisfying? How do you make that new life easier?

The answers to all of these questions can be found in a lawyer who is experienced in the legal aspects of trauma induced brain and spinal cord injury, post concussive syndrome, brain stem injury, head injuries or concussion. Attorney Stephen Jamieson, as well as his partners in the Los Angeles based firm of Solomon, Saltsman & Jamieson, are experienced in these matters.

THE MOST COMMON CAUSES OF BRAIN DAMAGE Slip and fall accidents Car accidents Motorcycle accidents Inherited genetic defects Viral infections Trauma or drug use of the mother Delivery medical malpractice	SYMPTOMS OF MILD TRAUMATIC BRAIN INJURY Short loss of consciousness Headache Confusion Dizziness Blurred Vision Bad taste in the mouth Attention/thinking deficit
SYMTOMS OF MODERATE TRAUMATIC BRAIN INJURY Double vision Balance problems Inability to focus and concentrate Nausea/Vomiting Inability to multi-task Vertigo Memory Loss	SYMPTOMS OF SEVERE TRAUMATIC BRAIN INJURY Impaired speech Impaired cognitive processes Memory loss Loss of Vision Loss of hearing Loss of taste and/or smell Seizures Change in personality or behavior

For over 23 years Mr. Jamieson, and his partners, have litigated and taken to trial numerous trauma induced brain and spinal injury matters. They have been fortunate to become trusted advisors to the injured and their families; and to provide guidance and direction to achieve the most legal satisfaction. It takes a depth of knowledge to put together a team of professionals that can ascertain the economic impact these severe injuries cause to the injured person, as well as their families, and then to present that information in a simple and direct manner to a judge and jury. The knowledgeable, yet simple, direct, and efficient manner, has resulted in verdicts, awards, and settlements exceeding $70,000,000. The every day life needs, as well as rehabilitation and medical care, are expensive and it was not your fault. Let the perpetrator of the injury, and his or her insurance carrier and/or employer, compensate you and your family to a level you deserve.

Previous cases examples include a young man who suffered a cerebrovascular accident when he was struck repeatedly during a sporting event, another young man who was working as a pavement contractor when a community bus collided with the machine he was driving, and yet another when a heavy piece of concrete fell on the head of an unsuspecting male requiring 32 metal plates in the skull. Each of these were either settled or tried to verdict. Verdict and settlements for this type of case range from close to $1,000,000 to $35,000,000. Mr. Jamieson, and his partners, can help you fully ascertain and understand your unique needs, calculate the economic cost of those needs, present that to the trier of fact, and obtain for you fair compensation. No more and no less.

Solomon, Saltsman & Jamieson are AV rated by Martindale Hubbell, the highest rating in competency and ethics that this trusted evaluator provides. Mr. Jamieson is also a member of the Million Dollar Advocates, as well as local and national Bar Associations. Mr. Jamieson is active in non-profit and charity work for people with disabilities. He is presently Vice President of EmpowerTech, (formerly Computer Access Center) and on its Board of Directors. EmpowerTech is a non-profit group that provides computer based solutions to people with disabilities of all kinds, including those that arose from brain and spinal injuries. He appears often on television and radio and is quoted in the media.

Mr. Jamieson and his partners are hosts of the highly rated show Legal Help Live in Los Angeles . They have been voted by their peers as Southern California Super Lawyers each and every year since 2004. What to do now? First, save the evidence! Second, save the evidence! Many people do nothing to preserve the evidence that will help prove what happened and why it happened. Without that evidence it dramatically reduces your ability to obtain just compensation since it reduces your ability to prove your case. So, third, preserve the evidence!

Then call Solomon, Saltsman & Jamieson for help and guidance. A free consultation on these important matters is always available.

Stephen Allen Jamieson
Solomon, Saltsman & Jamieson
426 Culver Blvd.
Los Angeles, CA 90293
800-405-4222 toll free phone
310-822-9848 Los Angeles office phone

Dealing With Your Securities Broker When Things Go Wrong Your Legal Rights and Remedies

AN OUTLINE

Representing Aggrieved Investors Nationwide

If you have any questions or a possible case; do not hesitate in contacting us:

A. FINDING A SECURITIES BROKER

It's your money. Do you have reason to trust him/her and the company he/she works for?

1. What you should learn about a securities broker:

(a) What is his education?

(b) What professional licenses does he have? Is he a licensed "registered representative" whose activities are regulated by the SEC, the National Association of Securities Dealers, Inc. ("NASD") and your state's Blue Sky Commissioner?

(c) What is his experience in the business?

(d) How does he get paid? If it is sales commissions, he doesn't get paid if he doesn't make the sale. (Most brokers are paid by commission. This creates a conflict of interest as the broker gets paid on every transaction that he does for you, whether or not the transaction is in your best interest.)

(e) Financial Consultant, Financial Adviser, and the like have no legal meaning. (Almost everyone is a Vice President.)

(f) What is a Financial Planner, Certified Financial, or Chartered Financial Planner? (Certified Financial Planner and Chartered Financial Planner require additional tests of competency over and above the regular securities exams [Series 7 and maybe a Series 63] required to be a stockbroker.)

2. Who does he work for?

(a) Is his company a licensed securities broker regulated by the SEC, the NASD, and your state's Blue Sky Commission? Is the company a member of a securities exchange such as the New York Stock Exchange? Do you care? (Most investors feel more comfortable buying investments from larger firms.)

3. Establish your investment objectives.

(a) Bear in mind there is a risk in every investment. The higher the potential return, the higher the risk. Things that sound too good to be true generally are.

(b) Do you want income, long term growth, liquidity? (Make sure your broker understands.)

(c) Are you willing to speculate? (Make sure your broker understands.)

4. Lean about the specific securities in which you invest. The key is: Do you understand what you are buying? (If you do not understand it - don't buy it.)

(a) Does the security fit your goals? (Short term trading does not meet the goals of the long term investor.)

(b) What is the relationship between the broker and/or the company he works for and the company that issued the security you are investing in? (This may create a conflict of interest - watch out!)

(c) Is the security a bond, debenture, preferred stock, option, mutual fund or limited partnership? Is it a derivative or hybrid? ("Sophisticated" and "speculative" are dangerous words.)

(d) Is the investment registered with the SEC? Is it legally tradeable? How long after the purchase can you sell it? As a practical matter, will there be a real market for it? What market?

5.Look up your broker's complaint history at the NASD site (www.nasdr.com).

B. Your Broker's Responsibility to You

In most states, when a securities broker "hangs out his shingle" he undertakes a fiduciary duty to his customers. In all states, he represents that he will deal fairly and in accordance with the standards of his profession.

1. A broker has an obligation to "know his customer." He must learn your financial circumstances so that he can properly recommend securities.

2. He must account for your money. He does this through periodic statements and confirmation slips of each transaction. Read them. Get an explanation if you don't understand them. If your broker's explanation is unsatisfactory, talk to his manager.

3. No half-truths. He must not make any untrue statement of a material fact, and must not omit to state a material fact necessary to make the statements made not misleading in light of the circumstances under which they are made.

C. Your Responsibility in the Securities Transaction

1. You must act as a reasonably prudent investor. Don't check your brains at the door. Ask all the questions you want and feel comfortable that you understand what you are doing.

2. Don't misrepresent your financial circumstances and don't allow the broker to fill out anything stating a false financial history. Read and understand what you sign. Don't sign blank forms.

D. Common Scenarios of Stockbroker Misconduct

1. Unsuitable Recommendations. Because stockbrokers serve in a fiduciary capacity, they are obligated to recommend to their customers only those transactions which are "suitable" for the given customer's financial situation and needs. Simply put, the stockbroker must act in the best interests of the customer and not induce them to make trades in a manner that is inconsistent with their investment goals and the risk they want or can afford to take. Be alert for recommendations to make a dramatic change in your investment strategy, such as moving from low risk investments to speculative securities, or concentrating investments exclusively in a single product.

2. Trading to Earn Commissions. The broker must recommend a security on its own merit, not principally on the ground that his employer is the sponsor (makes a market) of the security and he (the broker) will get a higher percentage of the commission by selling you a house-sponsored security.

3. Churning. Churning, a common offense, is when a stockbroker induces his client to enter into excessive or frequent trading so that the stockbroker will receive greater commissions. An excessive number of transactions in your account generates more commissions for your broker, but may provide no better investment opportunities for you. Also, unless there is a legitimate investment purpose for switching your investment in a mutual fund to a different fund with the same or similar investment objectives, a switch recommended by your sales representative may simply be an attempt to generate additional commissions for the broker.

4. Misleading Statements of Material Facts (FRAUD). It is unlawful for a broker to make any untrue statement of a material fact or fail to disclose a material fact which would mislead the client. You should be alert for recommendations from your sales representative that are based on so called "inside" or "confidential information," an "upcoming favorable research report," a "prospective merger or acquisition", or "I have a friend at the company", as well as the announcement of a "dynamic new product". Also beware of representations that your investment will "double" within a short period of time or of any "guarantees" that you will not lose money.

5. Manipulation. This is when the broker uses your money (and the money of others) in transactions intended to influence the price of a security on the public market so that it is not a reflection of the true purchases and sales.

6. Unauthorized and Improperly Executed Transactions. An unauthorized transaction occurs when the stockbroker executes a transaction without obtaining the customer's prior consent. An improperly executed transaction arises when the broker fails to follow the customer's directions. For example, a broker buys when instructed to sell or a trade that was made in the wrong security or at the wrong quantity or price. Sometimes the broker might say that he tried calling you, but this was such a good opportunity, you had to have it in your account. Be suspicious of any excuses from your broker that such problems are simply due to a computer or clerical error.

7. Failure to Supervise. A brokerage house has the obligation to supervise its brokers to make sure they are not violating the rules of professional conduct and make sure that none of the conduct described here has occurred. Failure to closely supervise makes the brokerage house liable to the same extent as the broker.

8. Conversion. Occasionally brokers outright misappropriate funds or securities entrusted to them by their customers (stealing). This is also illegal.

9. Excessive Mark-Ups. When the broker acts as a principal and/or market maker and sells a security to you, he cannot charge you a mark-up which is excessive given a fair market. When he purchases a security from you, he cannot purchase at a discount which is excessive given a fair market

E. Other Things You Should Know

1. Statutes of Limitations. Don't delay. A statute of limitations is the time period in which you must bring a claim, or the claim is forever barred. The statute of limitations depends on the state in which you live as well as your particular circumstances. In short, get help right away to make sure that your claim is not barred.

2. Forum. Most modern account opening agreements with brokerage houses require that customer disputes be arbitrated in arbitration proceedings administered by the NASD or a stock exchange. You still have the right to an attorney. Arbitration awards are enforceable.

3. The Chances of Success. As most disputes are heard in arbitration instead of court proceedings, there are no statistics on success in these types of cases. In arbitration, recent statistics show that most of the customer cases are settled before hearing with smaller cases settled more frequently. If you don't settle, statistics show that about 60% of the cases end up with some type of recovery to the customer. Even though there can never be a guarantee that you will recover anything, statistically, cases in which the customer retains legal counsel produce better results.

For more information, please contact us at http://www.ssjlaw.com

Our Practice Areas

Administrative Law Alcoholic Beverage Control Hearings State, Community, and City Government Civil Litigation and Trial Personal Injury Business Disputes Employment Law - Employee and Employer Government Relations Land Use Planning Constitutional Law Indian Gaming Appellate Law Indian Gaming/Sovereignty and ABC Law The firm has represented numerous tribes in California

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Civil Litigation and Trial

Solomon, Saltsman & Jamieson practices in state and federal trial courts. Unlike many other firms, Solomon, Saltsman & Jamieson not only litigates but tries cases it takes on. Among the four partners, there is a vast amount of experience aggregating close to 100 years.

Cases accepted range from serious personal injury matters with bodily injury including paralysis, amputation or brain injury, to corporate and business litigation such as shareholder derivative actions, fraudulent real estate actions, and partnership disputes.

Solomon, Saltsman & Jamieson has been successful in settlement and trial verdicts that range from several hundred thousand dollars to 35 million dollars. STEPHEN JAMIESON and STEPHEN SOLOMON have settled or tried cases for an aggregate amount of over 50 million dollars for their plaintiff clients. Where Solomon, Saltsman & Jamieson defends cases, the results are similarly impressive. Whether on Plaintiff's side or Defendant's side, our hard work, strategic planning and innovative thinking make our clients successful.

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Alcoholic Beverage Control Hearings

For nearly thirty years STEPHEN WARREN SOLOMON and RALPH BARAT SALTSMAN have been the recognized standard bearers in Alcoholic Beverage Control defense. The firm is devoted to defending licenses in enforcement procedures brought by the California Department of Alcoholic Beverage Control Solomon, Saltsman & Jamieson has litigated Alcoholic Beverage Control cases at all administrative and judicial levels. Our clients include multi-national corporations as well as statewide businesses and individually held stores and restaurants.

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State and Local Land Use

The firm represents permit applicants before planning commissions and city councils throughout the state of California. Our emphasis includes representation in all state and local administrative processes in both obtaining and retaining permits, licenses, and discretionary entitlements.

Helping People with Traumatically Induced Spinal Injuries and Traumatic Brain Injuries in California

Every 27 seconds an American suffers a lifelong traumatic brain injury “TBI”-related or traumatically caused spinal injury-related disability from falls, car crashes, assaults, medical malpractice, sports accidents, and other means.

If this is you or a loved one what do you do? Where do you go for help? What services are available to you and your friends and family who, along with you, have their lives changed forever by trauma induced disabilities? Changes you never thought possible, much less planned for, now require decisions, and now you need guidance in many areas of expertise.

But where do you find these services? How do you know which services will help. How do you know what you need? The cost of rehabilitation, life care for every day needs, identifying those needs, and how to make every day life easier. How to make every day life livable?

And, who or what will pay for all of these expensive necessities?

There are government services available, and in some cases health or long term care insurance as well, to help you and/or your family if you are afflicted or close to someone who has sustained such damage. Necessary life care and rehabilitation services to children, seniors, victims of domestic violence, racial or ethnic minorities, women, and others are available. It is necessary to transition people from hospital to home;find trained families, teachers and communities that know how to care for people with TBI or spinal related injuries; what rights protect TBI or spinal cord injury (CSI) victims nationwide.

In addition to the medical and rehabilitation experts that can provide much of this help you and/or your loved ones need financial help to cope with these changes.

Again, who will pay for all of these expensive necessities? What happens where there are not government services for particular needs you have, or there is no insurance or the insurance runs out?

How do you make your new life, and/or your loved one’s new life, as a person with disabilities productive, rewarding, and satisfying? How do you make that new life easier?

The answers to all of these questions can be found in a lawyer who is experienced in the legal aspects of trauma induced brain and spinal cord injury, post concussive syndrome, brain stem injury, head injuries or concussion. Attorney Stephen Jamieson, as well as his partners in the Los Angeles based firm of Solomon, Saltsman & Jamieson, are experienced in these matters.

THE MOST COMMON CAUSES OF BRAIN DAMAGE Slip and fall accidents Car accidents Motorcycle accidents Inherited genetic defects Viral infections Trauma or drug use of the mother Delivery medical malpractice	SYMPTOMS OF MILD TRAUMATIC BRAIN INJURY Short loss of consciousness Headache Confusion Dizziness Blurred Vision Bad taste in the mouth Attention/thinking deficit
SYMTOMS OF MODERATE TRAUMATIC BRAIN INJURY Double vision Balance problems Inability to focus and concentrate Nausea/Vomiting Inability to multi-task Vertigo Memory Loss	SYMPTOMS OF SEVERE TRAUMATIC BRAIN INJURY Impaired speech Impaired cognitive processes Memory loss Loss of Vision Loss of hearing Loss of taste and/or smell Seizures Change in personality or behavior

For over 23 years Mr. Jamieson, and his partners, have litigated and taken to trial numerous trauma induced brain and spinal injury matters. They have been fortunate to become trusted advisors to the injured and their families; and to provide guidance and direction to achieve the most legal satisfaction. It takes a depth of knowledge to put together a team of professionals that can ascertain the economic impact these severe injuries cause to the injured person, as well as their families, and then to present that information in a simple and direct manner to a judge and jury. The knowledgeable, yet simple, direct, and efficient manner, has resulted in verdicts, awards, and settlements exceeding $70,000,000. The every day life needs, as well as rehabilitation and medical care, are expensive and it was not your fault. Let the perpetrator of the injury, and his or her insurance carrier and/or employer, compensate you and your family to a level you deserve.

Previous cases examples include a young man who suffered a cerebrovascular accident when he was struck repeatedly during a sporting event, another young man who was working as a pavement contractor when a community bus collided with the machine he was driving, and yet another when a heavy piece of concrete fell on the head of an unsuspecting male requiring 32 metal plates in the skull. Each of these were either settled or tried to verdict. Verdict and settlements for this type of case range from close to $1,000,000 to $35,000,000. Mr. Jamieson, and his partners, can help you fully ascertain and understand your unique needs, calculate the economic cost of those needs, present that to the trier of fact, and obtain for you fair compensation. No more and no less.

Solomon, Saltsman & Jamieson are AV rated by Martindale Hubbell, the highest rating in competency and ethics that this trusted evaluator provides. Mr. Jamieson is also a member of the Million Dollar Advocates, as well as local and national Bar Associations. Mr. Jamieson is active in non-profit and charity work for people with disabilities. He is presently Vice President of EmpowerTech, (formerly Computer Access Center) and on its Board of Directors. EmpowerTech is a non-profit group that provides computer based solutions to people with disabilities of all kinds, including those that arose from brain and spinal injuries. He appears often on television and radio and is quoted in the media.

For more information, please contact us at http://www.ssjlaw.com.