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Author Archives: Adam Peck

 About Adam Peck

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.
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What is the Legal Cause of Action for Sexual Harrassment?

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What is the Legal Cause of Action for Sexual Harrassment?What is the Legal Cause of Action for Sexual Harrassment?. Unruh Act claim under Civil Code 51.9 and 52 (attorneys fees, treble damages, etc.)

Ca Civil § 51.9:  > Ca Civil § 51.9 prohibits sexual harassment where a business, service or professional relationship exists between the plaintiff and defendant. The statute specifically applies to relationships with physicians, dentists, attorneys, real estate agents, accountants, bankers, building contractors, executors, trustees, landlords, and teachers, and any other relationship “substantially similar” to those listed. [> Ca Civil § 51.9(a)(1)]

Although not applicable to employment relationships, > Ca Civil § 51.9 is deemed to incorporate the liability limitations governing workplace sexual harassment suits brought under Title VII and the FEHA. [> Hughes v. Pair (2009) 46 Cal.4th 1035, 1048, 95 Cal.Rptr.3d 636, 648–> Ca Civil § 51.9 requirement that sexual harassment be “pervasive and severe” means same thing as in suits under Title VII or FEHA for sexual harassment in workplace]

Evidence of A Criminal Conviction May Be Admissible

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what is personal injuryEvidence of a criminal conviction may be admissible, meaning, evidence of a judgment of conviction of a felony is admissible in a civil case to prove any fact essential to the judgment, even if that judgment was based on a plea of nolo contendere or no contest. Evidence Code §1300.

The person punished need not have received a felony sentence. It is enough that the crime allowed the imposition of a felony sentence. The Comments to §1300 provide as follows:”Section 1300 applies to any crime punishable as a felony. The fact that a misdemeanor sentence is imposed does not affect the admissibility of the judgment of conviction under this section.”

Penal Code §1016 provides as follows:

“upon a plea of nolo contendere, the court shall find the defendant guilty. The legal effect of such a plea, to a crime punishable as a felony, shall be the same as that of a plea of guilty for all purposes….”

Defendant pled no contest to a crime punishable as a felony. Guilty and nolo contendere pleas are admissible in a subsequent civil action as an admission of the crime. Interinsurance Exchange v. Flores (1996) 45 Cal.App.4th 661, 53 Cal.Rptr.2d 18. Defendant’s conviction is therefore admissible and the motion to exclude such evidence must be denied.

What is a Managing Agent in An Acute Care Facility?

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Elder Care Physical AbuseWhen are Managing Agents Guilty of Reckless Conduct

The final element to prove in a dependent adult abuse case seeking enhanced remedies  is that a managing agent knew of, ratified, or is personally guilty of the reckless conduct. In an acute care facility, look to who created the policies and procedures, who was responsible for ensuring that the nursing staff knew, understood and applied the policies and procedures, who decided the staffing levels for the units on which your client was a patient, who trained the staff on the proper use of alarms, fall precautions, and call lights, etc.

Helpfully, the only published opinion that discusses the element of managing agent is Marron v. Superior Court, which is a dependent adult abuse case against an acute care facility. The court in Marron found that a nursing supervisor in a hospital is a managing agent. (See Marron, 108 Cal.App.4th 1049).

When alleging facts against a managing agent, it is very important to name the managing agent’s employer as a defendant. This seems obvious,  as many times a managing agent may be employed by the corporate owner, rather than the acute care facility where the patient is being treated. Because this information may only be obtained through discovery, be prepared to name the managing agent’s employer as a Doe defendant as that information becomes available.

The PECK LAW GROUP specializes in Personal Injury matters relating to Serious and Catastrophic Injury, Truck Accidents, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care.  Our experts and our attorneys have superior knowledge and know-how in handling these type of matters from inception to Trial if need be.  You will receive superior representation and, of course, the best possible result based upon our know-how and expertise.

elder_law Call us Now.  THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll free at (866) 999-9085

– from Steven Peck, Senior Attorney at Peck Law Group
 

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