City TV Airs Legal Help Live

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.

Legal Help Live Aired July 20, 2007 Legal Help Live Aired July 13, 2007

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

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

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.

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

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

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

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:

1. Physical abuse

2. Sexual abuse

3. Psychological abuse

4. Neglect

5. Abandonment

6. 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

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