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Attorneys Throw in the Towel on Unfair Business Practices Claims
By Robert Warne - January 6, 2003

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Attorneys Throw in the Towel on Unfair Business Practices Claims
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On the heels of the Winona Ryder trial, Beverly Hills remains in the spotlight with a batch of legal actions hitting courts across the state spawned by the Trevor Law Group.

By blanketing specific small business targets with Business and Professions Code Sec. 17200 claims, the firm appears to be pushing for a successful 10-year Beverly Hills, 90210 run. But for those who have been sued and others outraged by the 17200 legal rackets, one season is enough and they are ready for Trevor Law’s actions to be cancelled.

Outside the Trevor Law offices on the corner of Camden and little Santa Monica, Dec. 6, small business owners, recently served with 17200 suits, joined KFI 640’s John and Ken to protest the firm’s recent actions.

Those who attended the event were greeted with a friendly, “help yourself to some Vaseline,” as protesters picketed in disgust to the recent claims filed against their businesses.

Filomena D’Amore the owner of Patsy’s Pizza in Hollywood’s Farmers Market attended the live broadcast. One of the few original Farmers Market tenants dating back to 1949, Patsy’s is now being sued for a dishtowel at one time being left on the counter in the pizzeria. Even though she’s always maintained an “A” rating she is being sued along with thousands of other restaurants for similar dubious violations.

“I guess they just started on us. They got me last week.” And expects some other restaurants in the Fairfax Farmers’ Market to be served as well.

The original suit was filed on behalf of the Helping Hand for the Blind, but once representatives from the organization realized how their name was being used, they withdrew from the suits.

Trevor Law then re-filed the suits under a front business in a P.O. Box, Consumer Enforcement Watch Corporation.

The bitter reality of these suits for liabilities that no one could have ever foreseen has cornered business owners into either getting legal representation or seeing if their insurance carrier will go to battle for them.

When asked if she had considered the latter option, D’Amore said, “I haven’t called my insurance company yet because I don’t want to spend a penny for this because I haven’t done anything wrong.”

“It’s hard enough running a business, but now we’ve got to worry about all this,” she exclaimed.

Ed, the owner of Ed’s Auto Clinic in Arcadia explained to John that he was being sued because one time in the past he didn’t write “new” on the invoice next to the part that he replaced in a customer’s car.

“I didn’t put new part, as simple as that,” he said.

Ed’s wife Jasmine told a story about an Orange County mechanic who had to eventually shut down his shop after he tried to settle with the Trevor Law Group.

“They either don’t think they’re doing anything wrong, or they don’t care, and it’s probably the latter,” said John.

Attorneys sympathetic to the cause of these business owners and outraged by the Sec. 17200 abuses being perpetrated were also on the scene.

Attorney Jon Leader came out to show his support for the victims of the frivolous lawsuits.

“I don’t like to see this kind of approbation be put down on the entire profession. It’s one of those—a few bad apples can taint the whole barrel. So that’s why we’re here today, to lend support to all these good people who feel grieved in a way that we believe, certainly from the numbers and passions is entirely appropriate.”

Sean Macias, the General Counsel for Tri-Tech Internet was also there to lend his support. Familiar with Trevor Law, he explained the approach the group has taken.

“Their business model has been to try and shake down auto repair shops, travel agencies…easy targets…mom and pop places that will spend $1,000 but they don’t want to spend $5,000 to hire a lawyer…and that ‘s where the injustice comes.”

Representing certain restaurants he told adjustercom.com that he was, “going after these people and really putting their feet to the fire and saying listen, you have no factual basis for this. You’re going on a website trying to download ‘alleged’ claims that don’t hurt anybody and never been violations.”

Settling with the Trevor Law Group doesn’t mean that they will go away quietly.

Leader explained that, “there’s a lot of things I’m told are put into the settlement that would open the door for a continuous series of lawsuits, where they’d keep taking that train till there’s no money left. And a lot of people won’t be sophisticated enough in the legal realm or sophisticated business people potentially to understand what the ramifications may be.”

Despite all the media attention and the possibility of being investigated by the state bar association suits have continued to be filed.

California Attorney General Bill Lockyer told John and Ken in a subsequent interview that he would like to put a stop to “entrepreneurial lawyering” but didn’t offer to support any quick fixes.

So for now, unless the Legislature acts fast, it looks like there’ll be another season of 90210 claims, funded through the ‘unfair business practices’ statute that in itself is being wielded in an unfair manner.

 
 

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