Home The Firm Areas of Practice RESIDENTIAL FACILITIES/GROUP HOMES/ FOSTER CARE
RESIDENTIAL FACILITIES/GROUP HOMES/ FOSTER CARE PDF Print E-mail

The trend in this area is an increasing number of claims by natural parents and Court Appointed Special Advocates for children and adults placed within the social services system. This includes wards of the court, those with mental and physical handicaps, and children removed from their natural parents by the court for their protection. Our attorneys specialize in Title 17 and 22 of the Code of California Regulations directly applicable to this area of the law and the recent application of the Elder Abuse and Dependent Adults Civil Protection Act to enhance remedies to circumvent MICRA involving physically or mentally handicapped adults.

 

IN THE COURTROOM AND IN THE BOARDROOM

June 2010 - P.K. SCHRIEFFER LLP secures a defense verdict in San Diego County Superior Court in a broker fraud and professional liability jury trial.  After plaintiff's fire damage claim was denied by her insurer for non-payment of premium, plaintiff settled with the insurer and sued her insurance brokers for $900,000.  At trial, plaintiff sought recovery of her loss of investment in the burned out restaurant and lost profits.  Plaintiff claimed her signature was forged on an application, that the broker lied to the insurance company and that the broker caused the downfall of her family business.  The jury disagreed - finding in favor of the firm's clients on all counts.

 

In an action dismissed by Riverside Superior Court for failure to bring case to trial with 2 1/2 years, the firm successfully defeated plaintiff's second attempt to set aside the dismissal by arguing plaintiff failed to exercise due diligence in prosecuting his claim or seeking to set aside the dismissal.  After detailed investigation, the firm also proved to the court that plaintiff had made misleading statements in the declaration he provided in support of both motions. Before the dismissal, Plaintiff had refused offers of settlement in order prevent the execution of an unrelated judgment lien.

 

P.K. SCHRIEFFER LLP secured a dismissal for a waiver of costs on behalf of a commercial insurance company in breach of contract litigation filed in the San Francisco County Superior Court. Plaintiff insureds had sought recovery for commercial goods damaged in transit.  The litigation is continuing as to other defendants in the litigation.