LAW OFFICES OF SOLOMON, SALTSMAN & JAMIESON

Land Use: Discretionary Entitlements

2009-02-14T20:15:00.000-08:00

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

2009-02-07T06:14:00.000-08:00

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

2009-02-06T16:27:00.000-08:00

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

2009-01-30T12:06:00.000-08:00

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

2009-01-23T07:44:00.000-08:00

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

2009-01-15T07:17:00.000-08:00

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

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.

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.

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

2009-01-10T07:01:00.000-08:00

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

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

Happy New Year!

2008-12-31T06:20:00.000-08:00

Happy New Year to Our Clients and Friends!

Merry Christmas

2008-12-24T06:42:00.000-08:00

Merry Christmas! and Happy Chanuka for our Jewish friends!

"2008 Super Lawyers" Spanish Version Now Available

2008-12-20T08:02:00.000-08:00

"2008 Super Lawyers" newsletter (PDF) in Spanish is now available on our website. Please check it out at http://www.ssjlaw.com/awards_sp.html. Please download a copy and forward to your friends.

The MTA Found Liable For a Total Judgement in Excess of $3,560,000

2008-12-08T11:31:00.000-08:00

The MTA (Los Angeles County Metropolitan Transportation Authority), Otherwise Known As The LACMTA, Operator Of Buses And Trains, Found Liable For Over $1,300,000 In Attorneys Fees In Addition To Compensatory Damages Of $2,247,000 For A Total Judgment In Excess Of $3,560,000

Plays Del Rey, CA. - November 10, 2008 - SOLOMON, SALTSMAN & JAMIESON - In a case where the Plaintiff is represented by Solomon, Saltsman & Jamieson, the Metropolitan Transportation Authority ("MTA") was recently held liable for over $1,300,000 in attorneys fees to be added to the jury verdict rendered by a Los Angeles Superior Court jury for damages in the amount of $2,247,000.

The MTA, therefore, was found liable in this disability discrimination wrongful termination case for a total sum of $3,567,000.

Stephen Allen Jamieson, a partner in the Los Angeles Law Firm of Solomon, Saltsman & Jamieson together with his associate Ryan Kroll, convinced the Court that the competence and skill of these lawyers was sufficiently high, and the result achieved for their Client so successful, that they merited an increase of their presently standard hourly rate by a multiplier of 2.335 for their services on this case. Multiplication factors like these are, by statute and case law, awarded to give excellent lawyers an incentive to represent disabled and other injured people on a contingency fee basis instead of an hourly basis. That is, the lawyers do not get paid unless they prevail for the client.

The jury determined that a 53-year old driver for the MTA was terminated because of minor disabilities (which he contends were caused by many years of driving for the MTA), and that the MTA did not engage in an interactive process to find a reasonable accommodation so that the driver could continue to work.

Lead trial attorney Stephen Allen Jamieson, and his lawyer partners in the Law Firm of Solomon, Saltsman & Jamieson, Stephen Warren Solomon, Ralph B. Saltsman, Bruce Evans, and their lawyer associates Michael Akopyan, Julia Sullivan, and Ryan Kroll are pleased to achieve a great result for their deserving client.

This was an exceptional result for the client. This Attorneys Fees award will help to defray the overall fees and costs of this lawsuit.

With over 100 years of combined experience among the lawyers of the Law Firm of Solomon, Saltsman & Jamieson they have also achieved many other exceptional results in many areas of the law including, but not limited to, obtaining compensation for people suffering with serious personal injuries, brain injuries, spinal injuries, broken bones, emotional distress, and loss of earnings, resulting from different types of motor vehicle accidents, construction accidents, and all types of negligence and intentional actions and omissions, caused by transportation agencies and companies, and others.

Links to Related Documents (PDF):

NOTICE OF ENTRY OF AMENDED JUDGMENT FOLLOWING RULING ON ATTORNEYS' FEES

MOTION OF PLAINTIFF SALDADOR H. MORALES FOR REASONABLE ATTORNEYS FEES AND COSTS

Press Contact:
Stephen Allen Jamieson
SOLOMON, SALTSMAN & JAMIESON
426 Culver Boulevard
Los Angeles, California 90293
Phone: 310/822-9848
Fax: 310/822-3512 or 310/496-3291
Email: sjamieson@ssjlaw.com
Website: www.ssjlaw.com

December 3, 2008 ABC Seminar

2008-11-24T19:16:00.000-08:00

San Bernardino, California - December 3, 2008

2008 ABC Seminar Details
Topics: Removing ABC Conditions, New ABC Rules
1:00 to 3:00 p.m.
San Bernardino Hilton Hotel Map
285 East Hospitality Lane; San Bernardino, CA 92408
(909) 889-0133 (hotel information)
(310) 822-9848 (for reservations)

Legal Help for Investors Exceeding FDIC Limits

2008-11-06T20:04:00.000-08:00

Investors who have in excess of $100,000 in a financial institution or several institutions can talk to us for an hour consultation on the subject for $500. Contact us at http://www.ssjlaw.com.

Subscribe Our FREE Newsletter

2008-10-31T08:38:00.000-07:00

Our firm occasionally sends out a free newsletter through email, you can read or subscribe at http://ssjlaw.com/newsletter.html

Indian Casinos News and Views

2008-10-23T01:59:00.000-07:00

Stephen Solomon		Solomon, Saltsman & Jamieson continues to represent California’s gaming and non-gaming tribes on diverse issues such as tribal sovereignty, gaming, alcohol licensing land use, and business disputes. Senior Partner Stephen Warren Solomon explains, “Our Indian Law practice has grown over the last year, and it is really gratifying to help a cross-section of tribes meet the unique challenges they face.
We also like to be on the cutting edge and practicing Indian law certainly puts us there.” Solomon says, “gaming, alcohol and entertainment at Indian Casinos also present unique challenges in California. We are getting calls from tribes to help them navigate the ABC process, particularly from tribes looking to expand their ABC licenses as their casinos grow.” Solomon has even decided to do a seminar just for Indian tribes on ABC issues. “We have been conducting ABC seminars throughout the State for years, but because tribes face special challenges for ABC issues, I thought it was time we did a seminar exclusively for tribes and the unique issues they face.” This seminar will be scheduled sometime in March of 2008 and SSJ will send notice to California’s tribes as details are worked out. Tribes with any question should feel free to call Solomon directly.

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

2008-10-16T07:53:00.000-07:00

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

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

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

"Solomon, Saltsman & Jamieson are attorneys practicing in the areas of ABC law, ABC Appeals Board cases, and all related Land Use Matters such as City and County Conditional Use Permits, Variances, Police and Fire permits, Entertainment law, and Gambling Law; as well as Business and Personal Injury litigation. Solomon, Saltsman & Jamieson can be reached at 800 405 4222."

ABC News: Pleading Guilty to A Misdeameanor Can be a Basis for Revocation of Your ABC License or Denial of Your License Application

2008-10-15T13:03:00.000-07:00

Pleading guilty or no contest to a crime involving moral turpitude has cost many licensees their ABC licenses and many ABC applicants their opportunity to have their ABC licenses issued. The ABC Act itself requires the Department to revoke a license based on such plea or conviction. Here’s where getting out of jail cheap may cost you that liquor license. Something many licensees don’t know and what many criminal lawyers don’t know: pleading guilty (or no contest) to a crime of moral turpitude even if it’s “just a misdemeanor” will result in the ABC filing an accusation to revoke your license.		Ralph B. Saltsman
Crimes of moral turpitude include narcotics, fraud, and even petty theft. Lawyers tell clients every day, “Just plead to the theft, and we can get out with a small fine and probation. No jail.” It sounds good until you hear from the ABC. One plea or conviction against a licensee or even against one major shareholder, officer or member of the board of directors of a corporate licensee could affect all the licenses held. Typically, the ABC’s prosecution of its case will be based on the court records. The Department’s case will last only a few minutes, and then Department will demand revocation. But you haven’t lost yet. Skilled experienced counsel can still save your license. There are myriad defenses and procedural issues that can be pursued, and the propriety of the penalty is always in question. Pleading guilty may certainly draw an accusation for revocation, but it is not the same as just turning in your license.

2008 ABC Seminar Announcement

2008-10-07T07:22:00.000-07:00

Pasadena, California - October 23, 2008

2008 ABC Seminar Details
Topics: New Sales To Minors Penalties, New ACB Application Rules And Procedures, "New Director, New Chief Counsel, New ABC?”
1:00 to 3:00 p.m.
Hilton Pasadena Hotel Map
168 South Los Robles, Pasadena, California 91101
(626) 577-1000 (hotel information)
(310) 822-9848 (for reservations)

"Is My Money Safe in Bank" PowerPoint Presentation Available for Download

2008-09-30T20:51:00.000-07:00

We have created a new PowerPoint presentation "Is My Money Safe in Bank?" and is now available for download at AuthorStream.com site, click here to download a free copy.

Pro Bono Legal Help and Other Assistance in Los Angeles County

2008-09-16T19:56:00.000-07:00

We have created a new directory page where you can find a list of organizations that offer Pro Bono legal help and other assistance in Los Angeles County. The web page can be found at http://ssjlaw.com/pro.bono.la.html

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, OPERATOR OF BUSES & TRAINS, FOUND LIABLE BY JURY, TO PAY $2,247,000 TO INJURED BUS DRIVER

2008-09-13T11:27:00.000-07:00

The Metrolink Train that crashed on Friday, September 12, 2008 in Chatsworth was part of a network of separate independent rail and bus lines that includes the MTA (Los Angeles County Metropolitan Transportation Authority) along with other bus and train transportation companies and agencies serving Southern California . News sources are reporting as of Saturday morning that the Metrolink commuter train crashed head on with a Union Pacific freight train going in the opposite direction on the same track. At least 18 so far are reported dead, 135 people injured, many critically injured, and all 12 hospital trauma centers were utilized to care for the accident victims.

In other news about injuries and damages caused by transportation companies, The MTA was recently found by a Los Angeles Superior Court jury to be liable for damages in the amount of $2,247,000. The jury determined that a 53 year old driver for the MTA was terminated because of minor disabilities (which he contends were caused by many years of driving for the MTA), and that the MTA did not engage in an interactive process to find a reasonable accommodation so that the driver could continue to work. The jury found the MTA discriminated on the basis of disability in violation of State law. The bus driver was terminated by the MTA just before he was to reach 23 years of service which would have required full payment of his pension.

Stephen Allen Jamieson, a partner in the Los Angeles Law Firm of Solomon, Saltsman & Jamieson together with his associate Ryan Kroll convinced a Los Angeles Superior Court jury that character counts, even the character of a large company. As Jamieson argued to the jury, “If the MTA had simply cared enough about its long term bus driver to follow the law this honorable man would never have been fired and this case would never have seen this courtroom.”

The MTA would not put the bus driver back on the job even though he demanded to go back to work, obtained a release from his doctor to go back to work, and was otherwise qualified to return to work. The jury determined that the driver for the train rail and bus company was entitled to money compensation for his injuries and emotional distress and loss of earnings and loss of pension benefits in the amount of Two Million Two Hundred Forty-Seven Thousand Dollars ($2,247,000).

The $2,247,000 verdict for compensatory damages will be included in a judgment that will also award an additional substantial amount for attorneys’ fees and costs of suit. Lead trial attorney Stephen Allen Jamieson, and his lawyer partners, in the Law Firm of Solomon, Saltsman & Jamieson, Stephen Warren Solomon, Ralph B. Saltsman, Bruce Evans, and their lawyer associates Michael Akopyan, Julia Sullivan, and Ryan Kroll are pleased to achieve a great result for their deserving client.

This was an exceptional result for the client. With over 100 years of combined experience among the lawyers of the Law Firm of Solomon, Saltsman & Jamieson they have also achieved many other exceptional results in many areas of the law including, but not limited to, obtaining compensation for people suffering with serious personal injuries, brain injuries, spinal injuries, broken bones, emotional distress, and loss of earnings, resulting from different types of motor vehicle accidents, construction accidents, and all types of negligence and intentional actions and omissions, caused by transportation agencies and companies, and others.

For more information, log on http://www.ssjlaw.com

PowerPoint Presentation Available for Download

2008-09-07T19:56:00.000-07:00

We have created a PowerPoint Presentation titled "Our Passion: Helping People with Traumatically Induced Spinal Injuries and Traumatic Brain Injuries" and have it posted on AuthorSTREAM.com, click here to download a FREE copy. Please feel free to share it with your friends.

Introduction to the Law Offices of Solomon, Saltsman & Jamieson

2008-08-30T08:32:00.000-07:00

Solomon, Saltsman & Jamieson is a boutique law firm with many areas of expertise. The partners, STEPHEN WARREN SOLOMON, RALPH BARAT SALTSMAN, STEPHEN ALLEN JAMIESON and RODNEY BRUCE EVANS, have been profiled many times in legal periodicals as well as popular magazines and newspapers. They host a weekly radio show as well as a weekly television show and provide professional commentary in the press. Their experiences have been the subject of numerous newspaper articles. Solomon, Saltsman & Jamieson has collective experience in diverse areas of the law, providing unique benefits to its clients.

The information you obtain at this is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Visit our website at http://www.ssjlaw.com

Teenager Injured in Football Game Receives Jury Award of $7.57 Million for Missed Diagnosis by Treating Doctors

2008-08-23T07:54:00.000-07:00

Stephen Allen Jamieson won a jury trial in the amount of $7.57 million dollars on behalf of a 19-year-old who had received a medical treatment far below the standard of care including a misdiagnosis of a bleed on his brain. This case was tried in Los Angeles County Superior Court, Southwest District (Torrance) before the Honorable Lois Smaltz.

In September 1995, the then 16-year-old plaintiff was practicing with his high school football team when he sustained several hard hits to the head from another player. In the evening his parents took him to the Urgent Care Center. The doctor failed to properly diagnose the problem as a concussion. There were no radiographic films done, no CT scan done. The doctor misdiagnosed the problem as dehydration and failed to place any definite limitation of the plaintiff’s participation in football over the next few days.

Two days later, the teenager collapsed on the playing field within a few minutes of the start of the football game. He was later diagnosed with a massive brain hemorrhage and was comatose for a month. He was left with brain damage resulting in loss of function in one arm and one leg and cognitive deficiencies.

Solomon, Saltsman and Jamieson filed a lawsuit for negligence against the school district as well as the doctor, the Urgent Care Center for which he worked, and the hospital that sponsored the Urgent Care Center.

The defendants in this action vigorously litigated this matter. There were over thirty depositions taken. Expert witnesses were required in many different fields such as athletic training, accident reconstruction, biomechanics, engineering and sports of psychology. The malpractice issue required the hiring of medical experts such as a neuropsychiatrists and psychologists. After more than two years, Mr. Jamieson and Stephen W. Solomon settled with the school district for $1,800,000.

Four months later Stephen Jamieson took the case against the urgent care doctor and his employers to trial before a superior court in Torrance, California. The medical issues were perceived by the defense to be the weaker portion of the case, particularly considering that Torrance is a relatively conservative jurisdiction, and that there are inherent difficulties associated with a medical malpractice action (i.e., MICRA limitations).

Therefore, the defense offered only $50,000 prior to trial. After three weeks in trial, Mr. Jamieson convinced the jury to return a verdict in the amount of $7,570,000.

Visit us at http://www.ssjlaw.com for more information.

62-year-old Salesperson Fired for having Leukemia is awarded $582,000 by jury

2008-08-20T19:57:00.000-07:00

The jury found that the defendant employer acted with malice, oppression and fraud, thus entitling him to punitive damages.

This was an employment discrimination case that also raised issues involving violations of the American Disabilities Act. It was tried by Stephen Allen Jamieson before a jury in Los Angeles Superior Court. The Honorable Ernest Williams presided over this case.

A 62-year-old gentleman was hired by a beverage company to be a route salesperson in the Los Angeles area. Three months after beginning his new job the plaintiff was diagnosed with chronic lymphatic leukemia. At that point in time, he had not yet satisfied his sales quota. He was subsequently fired.

No offer to settle was made prior to the trial. After 1 and ½ days of jury deliberation and after the judge told defendant to settle, the defendants finally made their first offer of $10,000.

The terminated employee rejected the offer. The jury returned with a verdict of $582,000. Based on the unconscionable acts of the employer shown to the jury by Mr. Jamieson throughout the trial, the jury also decided that the employer acted with malice, oppression and fraud, the necessary finding for punitive damages. The case settled the following morning in the courtroom just before the defendant was required to open up its books and records for a determination on the amount of punitive damages. The verdict was paid ten days later.

Visit us at http://www.ssjlaw.com for more information.

2008 ABC Seminar

2008-08-15T07:45:00.000-07:00

Los Angeles, California - August 21, 2008

2008 ABC Seminar Details
Topics: New Sales To Minors Penalties, New ACB Application Rules And Procedures, "New Director, New Chief Counsel, New ABC?”
1:00 to 3:00 p.m.
Hilton Los Angeles Airport Hotel Map
5711 W. Century Blvd., Los Angeles, California 90045
(310) 410-4000 (hotel information)
(310) 822-9848 (for reservations)

Fraud Found by Jury Against a Real Estate Broker

2008-08-08T04:59:00.000-07:00

Our client, a 52 year-old single woman, purchased a home in a beautiful rural area on a lake north of Los Angeles. The home was in a gated community of many houses that share a lake. When the client purchased the home, the Real Estate Broker and Sales Agent assured the client that the home was in good condition and did not need any major maintenance or repairs.

Shortly after close of escrow the client moved in and started to improve the property by installing a new deck from which to view sunsets over the lake with her toddler granddaughter.

Within a few weeks the toilet started to back up, the sink and shower would not drain and the client called plumbers to fix the problem. At that point, she discovered that this drainage problem had been an issue at the house for many years and no one had disclosed it.

Specifically, the drainage problem was the house did not have a modern sewage system at all. It did not have a sewer. It did not have a septic tank. There was only a dirt pit into which the raw sewage would dump from the drains in the house. When that pit was full, sewage overflowed into the house.

The client then stopped using the toilet and showers while she attempted to find a way to fix it. She did not have any money left to fix it after purchasing the house. For almost a year she communicated with the Real Estate Sales Agent, who assured her that this problem would be fixed. Then, the Real Estate Sales Agent abruptly stopped taking her calls.

During this entire time the client had to go to great lengths to do routine things anyone should be able to do in their home; she either used her neighbor’s bathroom or drove 2.5 miles to the nearest gas station to use their facilities. She showered at the gym each morning.

When her 3 year-old granddaughter visited, she was forced to either use the lawn outside or depend on the neighbor’s good graces for bathroom privileges.

Finally after about a year, the client was able to connect the property up to the municipal sewage system.

Stephen Allen Jamieson and R. Bruce Evans represented the client when she took her case before the Los Angeles Superior Court. At trial, the Real Estate Broker and Sales Agent argued that she did not know about the sewage pit and potential overflow problems. However, the jury disbelieved the Agent.

They found against the Real Estate Broker company and the Sales Agent for professional negligence and in favor of Jamieson’s and Evan’s client for a substantial amount of money. This sum represented the difference in the value of land as sold versus the value of the land as the Agent had represented, along with compensation for the emotional distress our client suffered. The case was thereafter settled for a confidential dollar amount.

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

2008-07-30T19:40:00.000-07:00

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

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.

Our Attorney Profiles: Julia H. Sullivan

2008-06-29T17:11:00.000-07:00

Current Employment Position:

Associate

Areas Of Practice:

Land Use Planning – Liquor Law
Administrative/Governmental Relations
Appellate Law
Constitutional Law
Civil Litigation

Litigation Percentage:

100% of Practice Devoted to Litigation Matters

Bar Admissions:

California, 2005

Education:

Southwestern University School of Law, Los Angeles, California, 2005

Honors:
Staff Member, Southwestern Journal of Law and Trade in the
Americas, 2003 – 2004
Board of Governors, Moot Court Honors Program, 2004 – 2005; Member, 2003 – 2005

Beloit College, Beloit, Wisconsin, 1997, B.A.

Major: Anthropology

Professional Associations and Memberships:

Los Angeles County Bar Association

American Bar Association

Member, Women in the Profession Committee

Other Activities

Judge, Southwestern University School of Law, Intramural Moot Court Competition

Contact Information:

426 Culver Blvd.
Playa del Rey, CA 90293

Phone
(310)822-9848
(800)405-4222

Fax:
(310)822-3512

Legal Help: Checklist for Auto Accident

2008-06-23T15:32:00.000-07:00

If you were involved in an auto accident, would you know what to do? The following "checklist" is designed to help you take the necessary steps to protect your legal rights in case of an accident

Exchange Documents: Don't discuss the accident with anyone or blame anyone, including yourself. Exchange only your license, registration and motor vehicle identification card.

Driver and Ownership Facts: Take down the name, address, operator's license number, date of birth, sex, state of license, and the phone number of the other driver. Write down the name, address, and the insurance company (and policy number) of the owner of the other car involved. The driver may not be the owner of the car.

Injured Parties: Seek information from police for all injured parties involved including passengers. Take down the names, addresses, dates of birth, sex, and extent of injury.

Witnesses: Be sure to write down the names, addresses, and phone numbers of any people who saw the accident but weren't involved in it. Passengers in accident are not witnesses.

The Scene: Write down the location including the street, intersection, or any landmarks. If possible take photos of the accident scene. Pay particular attention to skid marks and damages to all vehicles involved. (It is a good idea to carry a disposable camera in your car since in many cases the police will not take a report.)

Report the Accident: Be sure to report the accident to your insurance broker or agent immediately. If the accident involves a death or injury, report it without delay to the police department. Obtain a copy of the police report as soon as its available.

After Leaving The Accident Scene

If you were injured in a serious car accident, do not hesitate to call the Law Offices of Solomon, Saltsman and Jamieson at 1 800 405-4222 for a free consultation.

Take photographs of the damage to your vehicle and of any injuries to yourself and others in your vehicle.

See your doctor if there is any chance you may have been injured. Serious injuries do not always cause immediate pain.

The Law Offices of Solomon, Saltsman & Jamieson hope you find this checklist useful and informative.

Keep this checklist in the glove compartment of your car.

Our Practice Areas

2008-06-20T07:30:00.000-07:00

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

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.

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.

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.

Our Attorney Profiles - Michael Akopyan

2008-06-15T05:27:00.000-07:00

Current Employment Position:

Associate

Areas Of Practice:

Civil Litigation – Business Tort, Personal Injury, Contract, Employment, Land Use Planning-Liquor Law
Administrative/Governmental Relations
Appellate Law

Litigation Percentage:

100% of Practice Devoted to Litigation Matters

Bar Admissions:

California, 2005
U.S. District Court Central District of California

Education:

Southwestern University School of Law, Los Angeles, California, 2005
J.D.

University of Southern California, Los Angeles, California, 2001
B. S. Business Administration
Concentration: Corporate Finance

Professional Associations and Memberships:

Los Angeles County Bar Association

Armenian Bar Association

Contact Information:

426 Culver Blvd.
Playa del Rey, CA 90293

Phone
(310)822-9848
(800)405-4222

Fax:
(310)822-3512

Our Attorney Profiles - Ralph Barat Saltsman

2008-06-08T12:11:00.000-07:00

Honors & Awards

2008 Super Lawyer,
Los Angeles Magazine & New York Times, February 2008

2007 Super Lawyer,
Los Angeles Magazine, February 2007

2006 Super Lawyer,
Los Angeles Magazine, February 2006

2005 Super Lawyer,
Los Angeles Magazine, February 2005

2004 Super Lawyer,
Los Angeles Magazine, February 2004

Rated 'AV' by Martindale-Hubbell, the highest rating available for legal ability and general ethics. Details

Current Employment Position:

Partner

Areas Of Practice:

Indian Gaming/Sovereignty and ABC Law
Land Use Planning - Liquor Law
Administrative/Governmental Relations
Appellate Law - State and Federal
Constitutional Law
Civil Litigation - Business, Personal injury
Products Liability and Malpractice

Litigation Percentage:

100% of Practice Devoted to Litigation Matters

Bar Admissions:

CA, 1974
U.S. District Court, Southern District of CA
U.S. District Court, Central District of CA
U.S. District Court, Northern District of CA
U.S. Supreme Court
U.S. Court of Appeals, 9th Circuit

Education:

Loyola Law School, Los Angeles, CA 1973
Honors: Recognition of Service to Student Body, 1973
University of Southern California, Los Angeles, CA 1970
Honors: Blackstonean Honor Society, 1968
Major: English Literature

Media:

Host and Panelist for Legal Help Live™2000 to present. Legal Help Live currently broadcasts on AM Radio Saturday @10:00 a.m on KRLA AM 870; and broadcasts on television on Wednesdays at 4 p.m. on Channels 16 and 36 in Santa Monica and Los Angeles.

Published Works:

To view a list of articles authored by Ralph B. Saltsman please refer to articles in the firm portion of the website.

Annual updates, ABC Licensee Handbook

Classes/Seminars Taughts:

Seminar Leader/Instructor, ABC Law Seminars
Lecturer, ABC Law and Land Use Planning Seminars, 1993 - 2008
Lecturer, Live Adult Entertainment Seminar, 1995

Professional Associations and Memberships:

American Bar Association, Member
CA Bar Association, Member
CA Trial Lawyers Association, Member
LA County Bar Association, Member
The Loyola Student Rep. to the Community Legal Assistance Center Executive Board
Governing Board of Loyola University-Community Service Program. 1973, Member
Student-Faculty Clinical Education Committee, 1972-1973, Member
Loyola Law School: Judge, Moot Court Competition

Contact Information:

426 Culver Blvd., Playa del Rey, CA 90293
Phone
(310)822-9848
(800)405-4222

Fax:
(310)822-3512

E-mail:
rsaltsman@ssjlaw.com

Our Attorney Profile - Ryan Kroll

2008-06-05T19:32:00.000-07:00

Current Employment Position

Associate

Areas of Practice

Land Use Planning-Liquor Law
Administrative/Governmental Relations
Appellate Law
Constitutional Law
Civil Litigation-Business
Personal Injury

Bar Admissions

California, 2005

Litigation Percentage:

100% of Practice Devoted to Litigation Matters

Education

University of Florida Levin College of Law, Gainesville, Florida, 2004, J.D. Magna Cum Laude

Honors: Florida Law Review

Order of the Coif

University of Florida Fischer School of Accounting, Gainesville, Florida, 2004, Master of Accounting

University of Florida, Gainesville, Florida, 2000, B.S.

Major: Accounting

Licenses

Florida Certified Public Accountant - Inactive Status

Contact Information:

426 Culver Blvd., Playa del Rey, CA 90293

Phone
(310)822-9848
(800)405-4222

Fax:
(310)822-3512

E-mail:
rkroll@ssjlaw.com

62-Year-Old Salesperson Fired for Having Leukemia is Awarded $582,000 by Jury

2008-05-30T08:17:00.000-07:00

The jury found that the defendant employer acted with malice, oppression and fraud, thus entitling him to punitive damages.

No offer to settle was made prior to the trial. After 1 and ½ days of jury deliberation and after the judge told defendant to settle, the defendants finally made their first offer of $10,000.

Solomon Saltsman & Jamieson are attorneys practicing in the areas of ABC law, ABC Appeals Board cases, and all related Land Use Matters such as City and County Conditional Land Use Permits, Variances, Police and Fire Permits, Entertainment Law, Gaming Law, as well as Personal Injury litigation. Solomon Saltsman & Jamieson can be contacted at 800-405-4222.

2008 ABC Seminar

2008-05-23T07:44:00.000-07:00

San Bernardino, California - May 29, 2008

2008 ABC Seminar Details
Topics: New Sales To Minors Penalties, New Abc Application Rules And Procedures, "New Director, New Chief Counsel, New Abc?”
1:00 to 3:00 p.m.
Hilton Hotel San Bernardino Map
285 E. Hospitality Lane, San Bernardino, California 92408
(510) 635-5300 (hotel information)
(619) 338-9848 (for reservations)

Legal Help Live

2008-05-22T19:57:00.001-07:00

800.405.4222

NOTE: The Radio Show is no longer aired in 2008.

As hosts of the very popular weekly radio show, which aired from 2000 to 2006, Solomon, Saltsman & Jamieson provided call-in entertainment and advice in a non-confidential
setting.

"You ask us a legal question - we'll give you a legal answer."

Solomon is a UCLA grad (UCLA Law) in law practice 40 years; Saltsman from USC (Loyola Law) was a prosecutor in the mid-70”s, Jamieson, also UCLA (Loyola Law) has been a trial lawyer for 20 years.

Ralph Barat Saltsman, Stephen Warrren Solomon and Stephen Allen Jamieson field KRLA listeners’ calls on legal issues from catastrophic personal injury to complaints about the post office losing a stamp; from how to find a criminal lawyer to represent a friend in a felony prosecution to how to get to visit a child not in that parent’s custody.

Solomon, Saltsman & Jamieson is a boutique law firm with many areas of expertise. The partners, STEPHEN WARREN SOLOMON, RALPH BARAT SATSMAN, STEPHEN ALLEN JAMIESON and RODNEY BRUCE EVANS have been profiled many times in legal periodicals as well as popular magazines and newspapers. They have hosted Legal Help Live on KRLA for aver 4 years as well as a weekly television show and provide professional commentary and topical articles in the press. Their experiences have been the subject of numerous newspaper articles. Solomon, Saltsman & Jamieson has collective experience in diverse areas of the law from Indian gaming to serious personal injury to land use to complex business litigation.

Your Hosts and Panelists:
Attorneys: Stephen Solomon/Ralph Saltsman/Stephen Jamieson

Listeners have called with questions on:

- Serious Traffic Accident Injuries
- Toxic Mold
- Medical and Dental Malpractice
- I.D. Theft
- Fraudulent Real Estate Transactions
- Elder Abuse
- Architect and Contractor Building Design and Construction Defects
- Truck Drive Traffic Tickets
- Bi-Coastal Divorce
- Employment Discrimination
- Child Custody Disputes
- Landlord - Tenant Disputes
- Probate and Estate Disputes
- Product Defects causing Personal Injury

Teenager Injured in Football Game Receives Jury Award of $7.57 Million for Missed Diagnosis by Treating Doctors

2008-05-16T12:02:00.000-07:00

City TV Airs Legal Help Live

2008-05-11T18:58:00.000-07:00

City TV Airs
Legal Help Live
Terence Lyons,
Santa Monica Mirror

If you associate live television only with the likes of Sid Caesar or Uncle Miltie, or you think the “live” in television died out in the late 1950s, think again. Legal Help Live has taken the drama and spontaneity of talk radio, added the thoughtfulness and some of the humor of a Steve Allen project and put it on television – on Santa Monica’s CityTV, channel 16 (and channel 36 in Los Angeles) to be exact.

The show features the lawyers of Solomon, Saltsman & Jamieson, a Westside firm that practices in a variety of legal fields (including even Indian gaming law; details below). Last week, this reporter had an opportunity to sit in “the studio” (also known as the Santa Monica City Council chambers) for an hour of on-air legal questions and answers, and to talk off-camera with the lawyers.

Legal Help Live is a one-hour show – airing Wednesdays at 4:00 p.m. – in which two partners from the firm field questions from telephone callers on everything from serious traffic accident injuries to identity theft to elder abuse. Last Wednesday, February 7, Brian from Santa Monica asked about a DUI, Joe from Sun Valley wanted an update on medical marijuana dispensaries and Amos inquired as to what could be done about potholes in the San Fernando Valley, among other calls.

The show began in 2000 as a radio program on KRLA in which firm lawyers presented a moderated debate on various legal subjects from week to week, explained partner Ralph Saltsman. The station began to get calls from listeners wanting to put questions to the lawyers, and so the show evolved into the call-in format in response to audience demand. That required less preparation time than the debates, the lawyers said, but it also required a lot of thinking-on-your-feet (or in-your-seat) in front of an open microphone.

Article referred to on broadcast

The call-in format on live television also provides an impromptu atmosphere and the opportunity for the lawyers to engage in entertaining riposte and repartee, whether it is on the subject of a caller’s question or current topics in the law which the lawyers themselves raise from time to time. Stephen Solomon, for example, tends to more conservative views (from favoring the death penalty to eating meat) while Ralph Saltsman leans more to the left. (And, lawyers being lawyers, this reporter imagines that they can create friendly disagreement on the spot.)

After the show had been on radio for about five years, CityTV manager Robin Gee and a colleague from LA’s cable channel 36 came to a studio session and later asked the firm to bring the show to television, where it has been for about two years now.

Senior partner Stephen Solomon has been practicing law since the 1960s, when he started in Santa Monica and officed in Ernie White’s insurance building at Arizona Avenue and Lincoln Boulevard. An early client who operated a local nightclub caused Solomon to develop some expertise in what lawyers call “ABC law” (as in, the California Department of Alcoholic Beverage Control), and when years later an American Indian tribe had a liquor license problem, he wound up developing expertise in Indian gaming law, and now represents several tribes.

The lawyers say that although they get “a lot of follow-up calls” from TV callers letting them know how the on-air advice worked out, the show has not really resulted in paying business to the law firm. Nevertheless, they keep the call-in telephone number live to their offices between shows, and younger associate lawyers in the firm offer advice and guidance to 25 or 30 callers a week. “We look upon it as a public service,” says partner Stephen Jamieson.

Legal Help Live Hosted by Stephen Solomon, Ralph Saltsman and Stephen Jamieson

2008-05-07T18:49:00.000-07:00

Weekly Television Show
Call on or off the air at (800) 405-4222

Viewers can receive answers to their legal questions on the call-in program “Legal Help Live”. Previous programs can be viewed anytime online at: www.la36.org/publica/publica.html

Broadcast times include...

Ch 36 - Los Angeles

Wednesdays	4pm (live)
Thursdays	4pm (replay)

Ch 16 - Santa Monica

Wednesdays	4pm (live)
Weekdays	4pm (replay)
Fridays	7pm (replay)
Sundays	4pm (replay)

Hosted by Stephen Solomon, Ralph Saltsman and Stephen Jamieson, attorneys from the Law Offices of Solomon, Saltsman and Jamieson, P.C., the program provides practical suggestions to callers as well as provides commentary and updates on current pending litigation of interest to the public.

62-year-old Salesperson Fired for having Leukemia is awarded $582,000 by jury

2008-04-29T19:43:00.000-07:00

The jury found that the defendant employer acted with malice, oppression and fraud, thus entitling him to punitive damages.

No offer to settle was made prior to the trial. After 1 and ½ days of jury deliberation and after the judge told defendant to settle, the defendants finally made their first offer of $10,000.

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

$10 Million Lawsuit Filed by This Law Firm Against Nightclub Owners Alleging Service to Obviously Intoxicated Minor who Claims Rape By an Owner

2008-04-15T15:01:00.000-07:00

When is sex good? When does consensual sex cross the line to sexual battery? Can one consent to sex if she is too inebriated to understand the consequences of her actions and decisions? If the much older man caused the 19 year old young woman to become intoxicated for the express purpose of taking advantage of her sexually, then did so, is that sexual battery and/or rape since she did not have the ability to consent? And finally if the much older man owns and runs a nightclub business licensed by the state ABC, and if he commits those acts against an obviously intoxicated young woman under 21 years of age, has he violated Bus.& Prof. § 25602.1 (civil liability)?		Stephen Jamieson
A lawsuit we recently filed in Superior Court alleges these facts. As Stephen Jamieson points out: “It may seem like good common sense not to do these things but apparently good "sense" is not common to all ABC Licensees.”

Seven Essential Issues to Fire Claim Management

2008-04-14T11:57:00.000-07:00

1. Know What Your Policy Provides: Read your policy thoroughly so you understand both your and the insurance companies obligations. Don’t trust the insurance company to accurately portray the provisions of the policy.

2. Document Your Loss Immediately And Thoroughly: As soon as possible, document loss with video and/or still pictures. Make a detailed list.

3. Take The Largest And All Advances Offered: The insurance company will probably never be more generous than in aftermath of fire, and you will probably need all you are given.

4. Request Compensation According To Policy Provisions: The same damage can be described in a variety of ways, some covered by the policy and some may not. Removal of a fallen tree might not be covered but debris removal may be so characterize it this way.

5. Get Everything In Writing: Spoken agreements with an adjuster are usually worth nothing.

6. Keep A Journal Of Your Claim:

7. Keep Out Of The Middle, Financially: Have as much as possible billed directly to the insurance company. Insurance companies are often slow in repaying and you may be stuck with the costs.

Dealing with Contractors

The Contractors State License Board (CSLB) reminds consumers of their rights and responsibilities when hiring building contractors. The CSLB has found that the most common complaints against contractors can be avoided when consumers:

Do not pay excessive down payments to contractors
Do not let payments on home improvement projects get ahead of the work
Hire only licensed building contractors
Get several bids from different contractors
Check out the contractor's license status and history with the CSLB.

Elder Abuse Is a Serious Problem

2008-04-11T08:47:00.000-07:00

Each year hundreds of thousands of older persons are abused, neglected and exploited by nursing homes, health care facilities, family members and others. Many of these elderly victims are people who are frail, vulnerable, cannot help themselves and depend on others to meet their most basic needs.

A National Elder Abuse Incidence Study conducted in 1996 found the following:

551,011 persons, aged 60 and over, experienced abuse, neglect, and/or self-neglect in a one-year period;
Almost four times as many new incidents of abuse, neglect, and/or self-neglect were not reported as those that were reported to and substantiated by adult protective services agencies;
Persons, aged 80 years and older, suffered abuse and neglect two to three times their proportion of the older population;
Female elders are abused at a higher rate than males, after accounting for their larger proportion in the aging population.

Type of Elder Abuse

There are several types of Elder Abuse. The most prevalent types include the following:

Physical abuse
Sexual abuse
Psychological abuse
Neglect
Abandonment
Financial or Fiduciary Abuse

Signs of Elder Abuse

It is important to be aware of the signs that indicate that Elder Abuse may be occurring. Signs of the first five (5) types of Elder Abuse listed above include the following:

Open wounds, cuts, bruises or welts
Elder is emotionally upset or agitated
Dehydration, malnutrition
Caretaker can not adequately explain condition
Extremely withdrawn & non-communicative
Elder's sudden change in behavior
Unclean conditions
Loss of weight
Burns caused by cigarettes, caustics, acids
Missing undergarments
Fecal or urine odor

Signs of Financial or Fiduciary Elder Abuse include the following:

unexplained disappearance of funds or valuables
changes in bank accounts, including additional names on an elder's signature card
significant sudden changes in ownership of elders’ real property
significant sudden changes in a will or other financial documents
appearance and claims of previously uninvolved relatives
unexplained transfers of assets to a family member or others

After reviewing these lists, do you believe that you or any loved ones may be a victim of elder abuse by a care provider or others?

How to Choose a Nursing Home and Prevent Elder Abuse in Nursing Homes

Given the statistics that more than 30% of the country’s nursing homes have been cited for nursing home abuse causing “actual harm to residents or put them in immediate jeopardy”, it is becoming increasingly important to make sure the nursing home facility chosen meets certain guidelines and regulations.

Good points to ask/observe at nursing homes to prevent nursing home abuse include:

If the nursing home is certified by Medicare and Medicaid then these facilities are required by law to let you see the surveys conducted by the agencies that regulate them.
Reviewing the latest state inspection report, noting the date it was made.
If other nursing home residents show signs of visible elder abuse, such as bruises etc.

If nursing home residents receive immediate attention.

If nursing home residents receive privacy.

Talk to other nursing home residents and observe their reactions and answers closely.

Observe the cleanliness of the nursing home facility, not just on surface appearances which can be deceiving.

Visit the nursing home facility at different times to observe different staff and if the treatment of nursing home residents remain consistent.

Visit nursing home facilities unannounced so nursing home staff is unable to prepare their reactions.

Eat a meal at the cafeteria to sample the food.

Observe if any social or recreational activities are planned and how they are conducted.

Observe if the residents appear to enjoy being with the nursing home staff.

If the nursing home staff knows the nursing home residents by name.

Even after picking a nursing home facility continue to observe in the future.

Compare nursing home facilities and try to include the potential nursing home resident in the selection if possible. By taking your time during the nursing home search it can better prevent more instances of nursing home abuse from occurring.

There is a wealth of information in print and online to aid in the selection and comparison of nursing homes and alternatives thereto. A good starting point for California seniors and those caring for them is the California Nursing Home Search website [http://www.calnhs.org/]. This site is a free service for California seniors, caregivers, family members, providers and consumers. It provides comprehensive information about the quality of nursing and intermediate care facilities in the state. You can obtain information specific to any licensed facility in California including results from the most recent on site inspections from state monitoring agencies. This includes, complaints, quality indicators, staffing and the like. Also provided is advice on how to select a nursing or comprehensive care facility, a list of questions to ask and a list of resident and family rights under the law.

Protections Under Law

Elders are recognized as particularly vulnerable segment of society deserving of special protections under the law. Legislatures in all fifty (50) states have passed some form of elder abuse prevention laws. Laws and definitions of terms vary considerably from one state to another, but all states have set up reporting systems. Generally, adult protective services (APS) agencies receive and investigate reports of suspected elder abuse.

The California Legislature has recognized that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons by passing the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). [See Welfare & Institutions Code, Section 15600 et seq.] This body of law provides heightened duties to those interacting with seniors and provides specific remedies to seniors subjected to abuse.

The law also provides legal recourse for any unlawful, unfair or fraudulent business act or practice and any unfair, deceptive, untrue or misleading advertising. [See Business & Professions Code, Section 17200 et seq.]

In short, there are significant protections under the law for elder abuse. Civil lawsuits may be filed and can include causes of action under the above mentioned provisions of law. Through these lawsuits, victims of elder abuse may receive large monetary recoveries for what they have endured. In the case where an elder dies from the abuse, the cause of action upon which a lawsuit can be based for their emotional distress survive their death and may be brought by certain family members. The law, however, limits the time in which such lawsuits may be brought – so protect your rights.

Largest Verdict for Fraud Ever Rendered for Deception Related to E-Z-GO Golf Cars. FraudJudgement for 1.67 Million Dollars Entered Against TEXTRON Inc

2008-04-06T16:24:00.000-07:00

Stephen Jamieson, a partner in the law firm Solomon, Saltsman & Jamieson based in Los Angeles, California, in association with Tom Ward of the Lancaster based law firm Michelizzi, Schwabacher, Ward & Collins, obtained a Judgment for Fraud against E-Z-Go division of Textron, Inc. also known as TEXTRON INC this month. TEXTRON INC., a multinational defense contractor that is traded on the New York Stock Exchange under the symbol TXT is ranked 190th on the Forbes 500. Ryan Kroll, an associate at Solomon, Saltsman & Jamieson assisted Mr. Jamieson.

After a six week trial, a twelve person jury decided a verdict in favor of Ridgetop Ranch Properties, Inc. dba Lake Elizabeth Golf Course (LEGC) on claims of Breach of Express Warranty, Breach of the Implied Warranty of Fitness for a Particular Purpose, Fraud by Intentional Misrepresentation and Fraud by Concealment.

"The jury was clearly convinced by the evidence produced at trial that TEXTRON (E-Z-GO Golf Cart Division) committed Fraud," explains Stephen Jamieson. "E-Z-GO tried to hide behind limitations in its printed warranty but was not allowed to do so."

According to the lawsuit: the 80 E-Z-GO TXT golf cars broke down, failed, or were inoperable on a weekly basis, rendering numerous golf cars unfit for use; that while E-Z-GO was stating to LEGC that the golf cars were not defective for use at the Course, E-Z-GO was nevertheless at the same time seeking reimbursement and credit from the speed controller manufacturer, Curtis Instruments Inc., claiming the speed controllers used on the TXT golf cars were defective and/or unfit for use; and, that E-Z-GO concealed these and other facts from LEGC and went on to replace the failed speed controllers with similarly defective controllers.

Due to the continual breakdowns of the E-Z-GO golf cars, LEGC gained a reputation at that time as a course that was unreliable and dangerous, thereby suffering a tremendous decrease in the number of golf rounds played which caused a decrease in profitability and a diminution of value of the Course. The jury determined damages caused by E-Z-GO Division of Textron Inc., also known as TEXTRON, INC., to be $1,670,932.00, plus Costs, and 10% Post Judgment Interest.

The Complaint and Judgment are at: www.ssjlaw.com

Racketeering Case For Gambling Casino Judgment rendered for over $2,200,000

2008-03-30T08:52:00.000-07:00

A client who wanted to purchase operation rights to a popular southland Casino, renowned for its gambling and entertainment offerings, lost hundreds of thousands of dollars of "blood money" as those rights were sold multiple times in alleged back room deals.

These deals were alleged to be between the Casino operator and certain members of the local City Council and Redevelopment Agency.

Stephen Allen Jamieson, and his partners Stephen Warren Solomon, Ralph B. Saltsman and R. Bruce Evans, alleged in the lawsuit that the client had been extorted, defrauded and was made the victim of a conspiracy between several individuals in and out of public office to commit illegal acts.

They based this allegation on their findings through massive efforts in discovery (written requests for information in the lawsuit, called interrogatories, request to produce documents, requests for admissions, and depositions [testimony obtained from witnesses under oath outside of court]) and investigation through the firm's private investigators.

Jamieson and his partners successfully litigated this case under the Racketeering Influence and Corrupt Organization (RICO) federal statutes in Los Angeles Superior Court, a Trial Court, for several years. During the course of litigation, the case went several times from the Trial Court to the Court of Appeal and back to the Trial Court.

Through the perseverance and innovative legal work by Solomon, Saltsman & Jamieson we reached a valuable settlement in favor of our client shortly before the jury trial was scheduled to begin, as against some of the Defendants; and resulted in a Judgment against the remaining Defendants for over $2,200,000.

Teenager Injured in Football Game Receives Jury Award of $7.57 Million for Missed Diagnosis by Treating Doctors

2008-03-29T16:48:00.000-07:00

Previous settlement with other defendants garnered additional 1.8 million dollars.

Stephen Allen Jamieson won a jury trial in the amount of $7.57 million dollars on behalf of a 19-year-old who had received a medical treatment far below the standard of care including a misdiagnosis of a bleed on his brain. This case was tried in Los Angeles County Superior Court, Southwest District (Torrance) before the Honorable Lois Smaltz.

In September 1995, the then 16-year-old plaintiff was practicing with his high school football team when he sustained several hard hits to the head from another player. In the evening his parents took him to the Urgent Care Center. The doctor failed to properly diagnose the problem as a concussion. There were no radiographic films done, no CT scan done. The doctor misdiagnosed the problem as dehydration and failed to place any definite limitation of the plaintiff's participation in football over the next few days.

Two days later, the teenager collapsed on the playing field within a few minutes of the start of the football game. He was later diagnosed with a massive brain hemorrhage and was comatose for a month. He was left with brain damage resulting in loss of function in one arm and one leg and cognitive deficiencies.

Solomon, Saltsman and Jamieson filed a lawsuit for negligence against the school district as well as the doctor, the Urgent Care Center for which he worked, and the hospital that sponsored the Urgent Care Center.

The defendants in this action vigorously litigated this matter. There were over thirty depositions taken. Expert witnesses were required in many different fields such as athletic training, accident reconstruction, biomechanics, engineering and sports of psychology. The malpractice issue required the hiring of medical experts such as a neuropsychiatrists and psychologists. After more than two years, Mr. Jamieson and Stephen W. Solomon settled with the school district for $1,800,000.

Four months later Stephen Jamieson took the case against the urgent care doctor and his employers to trial before a superior court in Torrance, California. The medical issues were perceived by the defense to be the weaker portion of the case, particularly considering that Torrance is a relatively conservative jurisdiction, and that there are inherent difficulties associated with a medical malpractice action (i.e., MICRA limitations).

Therefore, the defense offered only $50,000 prior to trial. After three weeks in trial, Mr. Jamieson convinced the jury to return a verdict in the amount of $7,570,000.

Solomon Saltsman & Jamieson Win Major Victory before California Supreme Court

2008-03-22T15:12:00.000-07:00

In a sweeping opinion in cases brought by Ralph B. Saltsman and Stephen Warren Solomon of Solomon Saltsman & Jamieson, the California Supreme Court unanimously struck down the practice of attorneys in administrative agency hearings submitting ex parte communications to decision-makers within their agency. The Supreme Court held such communication violated specific prohibitions stated in the Administrative Procedure Act, the statutory manifestation of Due Process of Law.

The Court’s ruling vindicated the rights of all ABC licensees in California and will change how all administrative agencies in California do business, and not just the ABC. There will no longer be secret communications from agency attorney to departmental decision-maker in any adversarial hearing. While the decision was issued in cases prosecuted by the Department of Alcoholic Beverage Control, the decision will impact governmental agencies across the state, including other state agencies as well as municipal and county governments.

The Court followed Saltsman’s argument before the court and held: “[A] prosecutor cannot communicate off the record with the agency decision maker or the decision maker’s advisors about the substance of the case. But the one contact that is forbidden is the one contact that occurred here.”

In the cases before the Court, Administrative Law Judges after hearing in written proposed decisions, dismissed disciplinary proceedings brought against ABC licensees. Those proposed decisions were rejected, and the Department imposed suspensions nevertheless. In each instance written ex parte documents were submitted following the hearing by the prosecutor to the Department’s Chief Counsel who acted as decision-maker. The lawfim argued and the Court determined that this and any secret communication from prosecutor to decision-maker was unlawful and unconstitutional.

To review the decision go to:
www.//ssjlaw.com/articles/Quintanar_Supreme_Court_Decision.pdf