Law Offices of Jonathan Franklin: April 2014

Tuesday, April 29, 2014

Do You Know About These: Breathalyzer, Blood, Urine, and Field Sobriety Tests

Newsflash from your Hollywood Attorney:

A DUI charge or conviction can stand or fall on the reliability and accuracy of a breathalyzer, blood, urine, or field sobriety test. Since a field sobriety test is used to establish probable cause for making an arrest, if conducted improperly, the DUI charge against you may be thrown out of court. Alternatively, if a breathalyzer wasn’t calibrated properly or blood drawn and tested according to proper procedure, their results may be deemed unreliable and inadmissible in court. At the Law Office of Jonathan Franklin, we understand the technical and forensic issues involved in breathalyzer, blood, urine, and field sobriety tests.

If you’ve been arrested for DUI, don’t assume you’re automatically guilty because a DUI test came back positive. To schedule a free, confidential consultation to discuss your case, contact Beverly Hills DUI Lawyer Jonathan Franklin today.

Administering the Field Sobriety Test
The vast majority of police departments use the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual when administering field sobriety tests. There are, however, multiple instructions regarding where and how a test should be given, what to do if a suspect tries to balance momentarily on one leg, raises his arms more than 8 inches, or stops for a second or two. The manual also states a field sobriety test should be given on dry, flat pavement. As your attorney, Jonathan Franklin inspects the area where a test was administered and reviews dashboard video camera footage if available. In reviewing how a test was given, Mr. Franklin identifies departures from instructions and protocols as outlined in the student testing manual in order to ask the court to dismiss the charges against our clients.

Breathalyzers and Blood Alcohol Content
Like any other piece of equipment, breathalyzers must be regularly maintained to ensure they function properly. If a breathalyzer isn’t calibrated correctly, its results may not be accurate. Additionally, how a breathalyzer test is given can affect the results. For example, did a police officer wait 20 minutes before administering the test? Did he or she change the mouthpiece between tests? Were you asked if you had used mouthwash recently? Were told to take multiple deep breaths and blow as hard as possible into the device? As your attorney, Mr. Franklin can inspect the maintenance record of the breathalyzer used in your arrest and can check to see if it has ever registered a false positive in another DUI case.

Blood Tests and DUI Charges
While blood tests may provide a more accurate measure of blood alcohol content (BAC), a number of factors can taint or compromise the sample taken. For example, did the person who took your blood swab your arm with alcohol first? Secondly, in order to prevent a blood sample from coagulating, tubes with preservatives inside are often used. These kits almost always have an expiration date. If a kit was used in your blood test, is there any proof that it was not expired? On a more technical note, whether or not the blood sample taken was mostly plasma or whole blood can also affect the results of a blood test. As your attorney, Jonathan Franklin raises these and other issues when there are grounds for questioning blood test results.

Urine Tests and DUI Charges
Urine tests are not as accurate as blood or breathalyzer tests because water can stay in a person’s body over a long period of time. This is a concern in cases where a person’s BAC is measured near or slightly over .08%. Additionally, like blood tests, urine tests can detect drugs in a person’s body. As a result, even if you don’t test positive for drunk driving, if trace amounts of illegal drugs are found in your system, you could still face criminal charges on driving under the influence. The fact that you last used one or two weeks ago doesn’t matter — you’ll still be charged with a crime.

Contact Beverly Hills DUI Attorney Jonathan Franklin
Just because you tested positive for drunk driving doesn’t mean you were drunk or that the officer had probable cause to arrest you. To schedule a free consultation to discuss your case, contact Beverly Hills DUI Attorney Jonathan Franklin today.

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Monday, April 28, 2014

Former Prosecutor Now on Your Side - Criminal and DUI Defense - Los Angeles area - Call 24/7

Newsflash from your Hollywood Attorney:

When you are facing a serious criminal charge, half measures or half-hearted advocacy will not do. You need a determined advocate who will fight for you.

If you are arrested for a DUI charge, it is essential you retain an experienced attorney as quickly as possible in order to avoid the loss of valuable time or evidence.

At the Law Offices of Jonathan Franklin, you will find a dedicated attorney who knows the law and the criminal justice system. Jonathan Franklin is a former prosecutor who now successfully defends those accused of driving under the influence. He fights for his clients’ rights in an effort to obtain the best possible resolution.

A Vigorous Defense

There is no minor arrest despite what some people say; a misdemeanor DUI charge in California can have serious consequences for years. Any criminal conviction on your record can seriously affect your life by limiting employment options and more, however, fortunately, an arrest does not necessarily mean a criminal conviction in every case.

That is why it is important to call the Law Offices of Jonathan Franklin for a free initial consultation as quickly as possible. The sooner Jonathan Franklin goes over the details of your case, the more options he will have, both in terms of finding and preserving evidence for a trial and negotiating deals with the prosecutor. The team at the Law Offices of Jonathan Franklin will provide a thorough, vigorous defense in an effort to restore your life to normal as quickly as possible while mitigating the worst consequences of a DUI conviction.

This Former Prosecutor Fights for You

Jonathan Franklin is a former prosecutor. That experience gives him a unique perspective on the law that many attorneys do not have. Jonathan Franklin now chooses to defend the rights of his clients. He understands how serious it is to have your freedom threatened and he provides an intelligent and aggressive defense in court. Jonathan Franklin will make a clear-cut assessment of your case to present you with all options, whether it is negotiating a settlement or taking your case to trial.

The team at the Law Offices of Jonathan Franklin is here for you! They will try to ease a stressful and uncertain situation as they seek the most advantageous way to present your matter and resolve your issues. Don’t let the worry and stress of a DUI arrest overwhelm you; Jonathan Franklin can help you throughout the legal process.

If you have been arrested, call the Law Offices of Jonathan Franklin now for a free consultation.

Contact us 24 hours a day at 310-273-9600

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Friday, April 25, 2014

#CellPhone Crackdown 83 #Drivers Already #Cited in Just 5 Hours

Newsflash from your Hollywood Attorney:

Another 83 drivers were facing fines Friday for using their cell phones while driving following another five-hour crackdown by police.

Police cited the motorists between 4 and 9 p.m. Thursday, according to CVPD statement.

Thirteen of the 83 motorists cited were caught texting and the others used their phones in some other manner, police said.

Thursday’s crackdown marked the third time this month that Chula Vista police targeted distracted drivers with a special operation. On April 10, police ticketed 15 motorists for texting and another 60 for using their phones in some other manner and on April 17, eight motorists were ticketed for texting and another 44 were cited for using their phones in some other manner.

All three operations coincide with “Distracting Driving Awareness Month.”

Chula Vista police carried out similar operations with similar results in February and March.

The minimum fine for a first-time violator is $161, and at least $281 for repeat offenders.

“We take the issue of distracted driving very seriously, because we see the aftermath of these totally preventable crashes,” Chula Vista police Chief David Bejarano said.

“Is that text message or cell phone call really worth $161, or worse, someone’s life?”

Source.... FOX

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

#Checkpoints for DUI and DRUGS this weekend April 25th -27th, 2014

Newsflash from your Hollywood Attorney:

Los Angeles Police Department Joins Crackdown on Texting and Handheld Cell Use behind the Wheel

"Motorists approaching the checkpoint will see informational signs advising them that a checkpoint is ahead," Officer Baer said. "Once diverted into the lane, motorists will be detained only a few moments while an officer explains the purpose of the checkpoint and checks their driver license."

Baer said that, statically, young adults, males, and those driving at night have the "greatest risk" of being involved in a DUI-related crash.

He added that anyone who suspects a drunk driver is on the roadway, should call 911.

"Callers should be prepared to provide dispatchers a description of the vehicle, its location, and direction of travel," he said.

"One of the DUI drivers was a fourth time offender and was charged with a felony", Officer Baer stressed that sobriety checkpoints serve three main purposes: deterrence, removal of impaired drivers from the road, and education of the driving public.

Taking your eyes off the road for more than two seconds doubles your risk of a crash.

Remember Don't take chances, I am here for you and if you need my help, just call me at... (310) 273-9600

Fri. 4-25-14
Palmdale, Ca. DUI Checkpoint, Undisclosed location

Porterville, Ca. DUI Checkpoint, Undisclosed location

Sacramento, Ca. DUI Checkpoint, Undisclosed location

Santa Clarita, Ca. DUI Checkpoint, Undisclosed location

Sat. 4-26-2014

Bakersfield, Ca. DUI Checkpoint Undisclosed location

Fontana, Ca. DUI Checkpoint, Undisclosed location

Fremont, Ca. DUI Checkpoint, Undisclosed location

Lakewood, Ca. DUI Checkpoint, Undisclosed location

North Long Beach, Ca. DUI/Driver License Checkpoint, Undisclosed location 7pm - 3am

Oxnard, Ca. DUI Checkpoint, Undisclosed location

Pomona Ca. DUI Checkpoint and Saturation Patrol, Undisclosed location

Mon. 5-5-14

Los Banos, Ca. DUI Checkpoint, Undisclosed location

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Thursday, April 24, 2014

"#TheConjuring" Lawsuit Against #WarnerBros. How in-development Sequels to Hit Film

Newsflash from your Hollywood Attorney:

Last year, The Conjuring came out to good reviews and an excellent box-office take. The supernatural thriller grossed $318 million worldwide, and hopes are high for sequels. But the success for Warner Bros. hasn't come without legal spooks. The latest is a lawsuit filed against the studio Wednesday from Tony DeRosa-Grund's Evergreen Media Group, which acquired the rights to the case files of real-life paranormal investigators Ed and Lorraine Warren before licensing the first film.

What started as a seemingly modest dispute over whether Evergreen Media Group had reserved the right to use The Conjuring title for television has now evolved into the kind of fight that might haunt lawyers doing chain-of-title clearance. In short, who really owns the paranormal stories of the Warrens?

DeRosa-Grund believes it's him.

The Warrens produced some 8,000 case files during their careers.

In 2009, Evergreen says, DeRosa-Grund made a series of deals with the Warrens for rights to exploit them.

The following year, Evergreen and New Line Production (a WB subsidiary) made an agreement for a film version of some of those case files. According to Evergreen, the deal covered "just 25 of the approximately 8,000, which included the 'Perron Farmhouse' Case File, the 'Annabelle' Case File, and 'The Enfield Poltergeist' Case File."

Now, New Line is producing The Conjuring 2: The Enfield Poltergeist and Annabelle. Last month, Evergreen sued Warner Bros. for allegedly stiffing De-Rosa-Grund on payment and withholding producing credit and participation on these forthcoming film projects. The plaintiff demands an injunction while Warner Bros. maintains that the claims be adjudicated in arbitration.

Now comes a second lawsuit. This one not only targets Warner Bros., but also Lorraine Warren, and explores the issue of whether there's even more here than meets the eye.

There's talk in the latest complaint that New Line is attempting to circumvent the 2010 agreements with Evergreen "by attempting to claim that their productions based upon the 'Annabelle' and 'The Enfield Poltergeist' Case Files are somehow based upon a parallel set of rights to those owned by Evergreen and Mr. DeRosa-Grund, namely, rights in connection with chapters from The Demonologist acquired from Mrs. Warren and/or [Tony] Spera and Graymalkin Media."

The Demonologist is a 1980 book by Gerald Brittle about the Warrens. It covers, among other things, the "Annabelle" incident (involving a demonic Raggedy Ann doll terrorizing a family) as well as the "Enfield Voices" one (involving a single mother and her children who witness some weird things at home).

It was originally released by Prentice Hall, but recently, Spera, Warren's son-in-law, is said to have "taken charge" of The Demonologist and changed publishers to Graymalkin. This has apparently led to a fight between Brittle and Graymalkin over whether the publisher change violated the terms of a "Collaboration Agreement" between the Warrens and Brittle. It brings up all sorts of co-ownership issues and the ability to unilaterally license.

For full details on what Evergreen and Brittle are claiming,
here's the complaint.... http://www.scribd.com/doc/219924502/EVERGREEN-MEDIA-HOLDINGS-BRITTLE-V-LORRAINE-WARREN-et-al

But long story short, the plaintiffs say the owners of the book only have "limited publishing rights," while DeRosa-Grund maintains authority over life rights of the Warrens. They say "Mrs. Warren, and by extension Mr. Spera and Graymalkin Media, have no rights in connection with The Demonologist that can be exploited by New Line and/or Warner Bros. without Mr. Brittle's permission.... Moreover, Mr. Brittle has previously granted an option to Evergreen to acquire his rights to further exploit The Demonologist."

Among the latest claims is that Warner Bros is tortiously interfering in the various contracts covering The Demonologist as as well as violating copyright on the book. As for Warren, she, too, is now facing claims of not honoring her agreement on the book. The complaint, while detailed in parts, leaves a lot of probably necessary details nearly naked, like how Warner Bros. is truly hampering the contractual relationships and what expression is really being infringed.
Nevertheless, in a press release, one of the attorneys for the plaintiffs is comparing the situation to "another Watchmen-like dispute where there is the very real possibility of [defendants] losing all of their rights in connection with The Conjuring franchise."

Warner Bros. says it has not been served with the lawsuit.

Source.... HR

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Cleared of Sex Abuse Charges, Kevin Clash, Elmo Puppeteer

Newsflash from your Hollywood Attorney:

The U.S. Court of Appeals upheld a New York judge's ruling from last summer, dismissing the case because of the statute of limitations.

Kevin Clash, the voice of Sesame Street's Elmo for 28 years, has been cleared of three charges of sexual abuse after an appeals court threw out the cases.

Clash, 53, was accused by multiple men of sexually abusing them over 10 years ago when they were minors. Multiple lawsuits were filed, but in July 2013, a New York judge said that the claims were made too late, as they were outside the state's statute of limitations, which provides that a lawsuit has to be filed within six years of the event or three years after a plaintiff turns 21.

Clash's three accusers brought their cases to the U.S. Court of Appeals, alleging the psychological effects of the abuse weren't fully realized until 2012. But this month, the cases were again dismissed.

Clash resigned from his job as the voice of Elmo in 2012 after the allegations of improper sexual relations with minors became public. He has denied any wrongdoing from the beginning, saying that any relationships he engaged in occurred between consenting adults.

Source..... HR

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Wednesday, April 23, 2014

TSA settle's Breast Milk Lawsuit

Newsflash from your Hollywood Attorney:

A Southern California woman who was held at a Phoenix airport four years ago after refusing to have her breast milk X-rayed has reached a settlement with the Transportation Security Administration.

Stacey Armato, who filed a lawsuit in U.S. District Court in Phoenix, said Wednesday that TSA officials have tentatively offered her $75,000, along with promises to retrain agents and clarify its guidelines on screening breast milk.

Armato, of Hermosa Beach, says TSA agents at Phoenix Sky Harbor International Airport in 2010 detained her for nearly 40 minutes. She says they would not comply with her request to have the milk screened outside the X-ray machine.

Current TSA rules classify breast milk as a medically required liquid.

A TSA spokeswoman did not immediately return a message seeking comment.

Armato says she’ll see very little of the money, which will go towards attorney fees. She also plans to donate a portion to BreastfeedLA, a not-for-profit 501(c)3 corporation dedicated to improving the health and well being of infants and families through education, outreach, and advocacy to promote and support breastfeeding.

Source.... foxnews and cbs

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

#Checkpoints Your #DUI #Arrests Charges May Be Thrown Out of #Court

Newsflash from your Hollywood Attorney:

DUI Lawyer Beverly Hills
A DUI charge or conviction can stand or fall on the reliability and accuracy of a breathalyzer, blood, urine, or field sobriety test. Since a field sobriety test is used to establish probable cause for making an arrest, if conducted improperly, the DUI charge against you may be thrown out of court. Alternatively, if a breathalyzer wasn’t calibrated properly or blood drawn and tested according to proper procedure, their results may be deemed unreliable and inadmissible in court. At the Law Office of Jonathan Franklin, we understand the technical and forensic issues involved in breathalyzer, blood, urine, and field sobriety tests.

If you’ve been arrested for DUI, don’t assume you’re automatically guilty because a DUI test came back positive. To schedule a free, confidential consultation to discuss your case, contact Beverly Hills DUI Lawyer Jonathan Franklin today.

Administering the Field Sobriety Test
The vast majority of police departments use the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual when administering field sobriety tests. There are, however, multiple instructions regarding where and how a test should be given, what to do if a suspect tries to balance momentarily on one leg, raises his arms more than 8 inches, or stops for a second or two. The manual also states a field sobriety test should be given on dry, flat pavement. As your attorney, Jonathan Franklin inspects the area where a test was administered and reviews dashboard video camera footage if available. In reviewing how a test was given, Mr. Franklin identifies departures from instructions and protocols as outlined in the student testing manual in order to ask the court to dismiss the charges against our clients.

Breathalyzers and Blood Alcohol Content
Like any other piece of equipment, breathalyzers must be regularly maintained to ensure they function properly. If a breathalyzer isn’t calibrated correctly, its results may not be accurate. Additionally, how a breathalyzer test is given can affect the results. For example, did a police officer wait 20 minutes before administering the test? Did he or she change the mouthpiece between tests? Were you asked if you had used mouthwash recently? Were told to take multiple deep breaths and blow as hard as possible into the device? As your attorney, Mr. Franklin can inspect the maintenance record of the breathalyzer used in your arrest and can check to see if it has ever registered a false positive in another DUI case.

Blood Tests and DUI Charges
While blood tests may provide a more accurate measure of blood alcohol content (BAC), a number of factors can taint or compromise the sample taken. For example, did the person who took your blood swab your arm with alcohol first? Secondly, in order to prevent a blood sample from coagulating, tubes with preservatives inside are often used. These kits almost always have an expiration date. If a kit was used in your blood test, is there any proof that it was not expired? On a more technical note, whether or not the blood sample taken was mostly plasma or whole blood can also affect the results of a blood test. As your attorney, Jonathan Franklin raises these and other issues when there are grounds for questioning blood test results.

Urine Tests and DUI Charges
Urine tests are not as accurate as blood or breathalyzer tests because water can stay in a person’s body over a long period of time. This is a concern in cases where a person’s BAC is measured near or slightly over .08%. Additionally, like blood tests, urine tests can detect drugs in a person’s body. As a result, even if you don’t test positive for drunk driving, if trace amounts of illegal drugs are found in your system, you could still face criminal charges on driving under the influence. The fact that you last used one or two weeks ago doesn’t matter — you’ll still be charged with a crime.

Contact Beverly Hills DUI Attorney Jonathan Franklin
Just because you tested positive for drunk driving doesn’t mean you were drunk or that the officer had probable cause to arrest you. To schedule a free consultation to discuss your case, contact Beverly Hills DUI Attorney Jonathan Franklin today.

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Drug Charges - Lawyer Explains Important Decisions

Newsflash from your Hollywood Attorney:

Los Angeles Drug Charge Lawyer
A person who is facing a drug charge has important decisions to make about legal representation. The attorney you choose has one opportunity to present your case before the court. You need an experienced attorney who will fight for the best result possible.

As a former prosecutor and now a criminal defense attorney, Jonathan Franklin understands all of the issues that arise in drug cases. His firm, the Law Offices of Jonathan Franklin, uncompromisingly defends clients accused of drug charges in California Superior Court.

For a free initial consultation, contact us at 310.273.9600. We can discuss your legal options and how a positive outcome could be achieved in your case.

What a Los Angeles Drug Charge Lawyer Can Do for You
The Law Offices of Jonathan Franklin represents clients accused of drug charges, such as:
Simple possession of drugs
Drug possession with intent to distribute
Drug trafficking
Prescription drug fraud
Manufacture of drugs
Cultivation of marijuana
Other drug charges

We handle cases involving all types of drugs and controlled substances, including marijuana, crack, cocaine, meth, heroin, and prescription drugs.

An experienced Beverly Hills Criminal Lawyer knows how to investigate and defend clients accused of drug charges. Jonathan Franklin will examine all aspects of your case, paying particular attention to the events leading up to the arrest, search and seizure techniques used, and the behavior of undercover detectives or informants. We will analyze each one of these issues and build the strongest case possible based on the facts of your case.

Alternatives to Incarceration in Drug Cases
We may also be able to assist you with alternatives to incarceration, such as drug court, Prop 36 programs, and deferred sentencing options. Not everyone can qualify for these solutions. But when alternative sentencing is possible and when it makes sense for you, the Law Offices of Jonathan Franklin will seek to obtain one of these outcomes for you.

In a frank and honest consultation, we can explore the different legal strategies available. Our goal in every case is to obtain the best outcome possible to protect your rights and preserve your freedom.

For a free initial consultation with a Los Angeles Criminal Defense Attorney at the Law Offices of Jonathan Franklin about a drug charge, contact us at 310.273.9600. Our phones are answered 24 hours a day.

Law Offices of Jonathan Franklin

Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Tuesday, April 22, 2014

Former Disney TV President and Broadway Producer Named in Bryan Singer Sex Abuse Case

Newsflash from your Hollywood Attorney:

Jeff Herman, the lawyer representing Michael Egan, 31, who accused Bryan Singer of sexual abuse, announced that he has filed three additional sex abuse lawsuits - this time against Hollywood executives Garth Ancier, David Neuman and Gary Goddard. Former Disney TV president Neuman and Broadway producer Goddard denied the allegations - the former via Twitter and the latter through his lawyer. TV exec Ancier has not yet responded. Herman made the announcement at the Four Seasons Hotel in Beverly Hills, alongside Michael and his mother Bonnie Mound, who began crying during the press conference. "There is talk [that] Mike is here for his 15 minutes of fame. Would you call this fame? This is not fame. What part of this is fame... It's not about money, it's about disarming these pedophiles who used their wealth and power to escape justice."

Herman added, "We've alleged that there's a Hollywood sex ring, one of several sex rings." The three men named in the suit were allegedly part of the same sex ring that reportedly involved X-Men: Days of Future Past director. Egan's lawyer said that the plaintiff was sexually abused by all three men in California and in Hawaii. The lawsuit against Goddard includes an allegation of abuse when Michael was 15. Michael spoke up at the press conference, saying, "Somebody has to stand up to these people." His mother said she found out about the sexual abuse when her son was 17. She also said Michael went to the LAPD, FBI and media outlets to try to get his story heard, but it fell on deaf ears. Herman and Michael held a press conference on April 17, where Michael announced he had been sexually abused by Singer at age 17. The suit includes allegations of rape, other physical force including use of a gun and forced intoxication with cocaine.

Source.... tribute

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Monday, April 21, 2014

#TGIFriday's Labor Law Violations, #Underpaying According to Workers' Legal Team

Newsflash from your Hollywood Attorney:

The restaurant chain TGI Friday's Inc., held by one of the world's largest family owned business enterprises, faces a national class action lawsuit for allegedly violating labor laws by systematically underpaying tipped workers, according to Outten & Golden LLP and Fitapelli & Schaffer, LLP.

The lawsuit, which alleges violations of the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), was filed by four former TGI Friday's workers from the New York metro area in New York federal court on behalf of current and former servers, bussers, runners, bartenders, barbacks, hosts, and other tipped workers at the restaurant chain.

According to the complaint, TGI Friday's requires tipped workers to arrive at work well before the start of customer service and to stay at work after the restaurant closes without receiving the minimum wages and overtime to which they are entitled under the FLSA and NYLL.

The lawsuit also accuses restaurant management of using a centralized time keeping system to "shave" hours from employee time records and allowing employees to work "off-the-clock" performing non-tip producing "side work" including cleaning the restaurant, preparing food in bulk for customers, cutting produce, refilling condiments, and stocking and replenishing the bar and service areas. At other restaurants, these duties customarily are assigned to "back-of-the-house" employees, who typically receive at least the full minimum wage rate of pay.

The lawsuit seeks to recover minimum wages, overtime compensation, spread-of-hours pay, misappropriated tips, uniform-related expenses, unlawful deductions, and other wages for current and former workers at TGI Friday's restaurants throughout the nation owned and/or operated by Carrollton, Texas-based Carlson Restaurants Inc., Carlson Restaurants Worldwide Inc., and TGI Friday's Inc. nationwide.

Justin M. Swartz and Sally J. Abrahamson, of Outten & Golden LLP's New York office, and Joseph A. Fitapelli and Brian S. Schaffer, of Fitapelli & Schaffer, LLP, of New York, represent the restaurant workers.

Attorney Justin M. Swartz said, "It is shameful for a big company to pay its hard-working, low-wage restaurant workers less than they earned. Maximizing profits is not all that should matter."

Attorney Brian Schaffer said, "We believe employees at many of the hundreds of TGI Friday's restaurants were affected by the companies' practices. We allege the labor violations occurred through manipulation of the restaurant chain's sophisticated timekeeping system, which is capable of tracking multiple job codes for different work assignments, and pressure by restaurant managers."

The case is "Jamel Flood, et al., v. Carlson Restaurants, Inc., et al.," U.S. District Court, Southern District of New York, Case No. 14-CV-2740.

Source.....tgifridays

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Friday, April 18, 2014

Over Patti LaBelle False Fight Story Aretha Franklin Files $10 Million Lawsuit

Newsflash from your Hollywood Attorney:

The News Nerd, an Onion-esque parody site, published a fake story about Patti LaBelle punching Aretha Franklin at "an R&B/Soul concert" on March 20. Franklin didn't appreciate the clunky dose of Internet humor and posted a formal denial of the scuffle on April 15.

Apparently, that wasn't enough, as the Detroit News announced Franklin is filing a $10 million lawsuit against The News Nerd.

Said Franklin through her publicist Gwendolyn Quinn, "The stories were not presented as satire or humor. It was presented as a serious news story intended to depict me in a slanderous and derogatory way -- defamation of character."

A disclaimer at the bottom of The News Nerd website does announce that the stories are "purely satirical" and "for entertainment purposes only."

The parody story claimed that LaBelle was arrested for assault and battery after attacking Franklin with “a Mayweather-style right and left." The fictional squabble was apparently sparked when Franklin repeatedly "threw epic shade" at LaBelle, shunning her at public events.

The Detroit News also points out that the story's byline has been changed to "The News Nerd Staff" (from its original credited writer Kato Leonard) and that the text has been altered as well.

Franklin initially posted the following statement on April 15:
"I've never heard anything crazier -- regarding myself and Patti allegedly fighting on March 20, in Atlanta. On March 20, I was in New York City readying for my birthday patty (Sorry. LOL. Laughing at my typo error). I meant PARTY, which we all had one fabulous time. Patti and I are cool and we always have been. I enjoyed her at the White House. Classic Patti."

The News Nerd has also written stories about Rick Ross collaborating with Dairy Queen on a Maybach Music-themed Blizzard and Taylor Swift having a medical condition that makes her afraid of black men. Could other litigious artists be getting ideas? Franklin's reps did not immediately respond to a request for comment.

Source.... HR

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Thursday, April 17, 2014

Saving Lives Police to Conduct #DUI #Drug #Checkpoint as well as #ValidID

Newsflash from your Hollywood Attorney:

April 17, 2014 – Santa Monica Police will be conducting a checkpoint on Friday to identify and remove motorists driving under the influence of alcohol or drugs or without a valid driver’s license.

The Santa Monica Police Department’s (SMPD) Traffic Unit will set up the checkpoint at an undisclosed location within the city limits between the hours of 7 p.m. and 3 a.m.

“The deterrent effect of DUI checkpoints is a proven resource in reducing the number of persons killed and injured in alcohol or drug involved crashes,” said Sgt. Jay Moroso, SMPD spokesman.

Those who plan to drink should have a designated driver or call a taxi cab, said police officials.

Source....surfsantamonica

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

"X-Men" Director Bryan Singer Accused of Sexual Abuse with a 17 Yr Old Boy

Newsflash from your Hollywood Attorney:

Bryan Singer, director of "The Usual Suspects" and four movies in the "X-Men" series of films, has been accused of sexually abusing a 17-year-old boy in 1999 as part of a federal lawsuit filed in Hawaii Wednesday.

The plaintiff in the lawsuit was named as Michael F. Egan III, a resident of Nevada. The lawsuit alleges that Singer "manipulated his power, wealth, and position in the entertainment industry to sexually abuse and exploit the underage Plaintiff through the use of drugs, alcohol, threats, and inducements." The lawsuit further alleges that Singer was part of a group of powerful men in the entertainment industry who "maintained and exploited boys in a sordid sex ring."

Singer's attorney, Marty Singer, called the lawsuit "absurd and defamatory," adding that it was obvious that this case was filed in an attempt to get publicity at the time when Bryan's new movie is about to open in a few weeks." The Singer-directed 'X-Men: Days of Future Past," is due to be released May 23.

"Hollywood has a problem with the sexual exploitation of children," Egan's attorney, Jeff Herman, told The Hollywood Reporter. "This is the first of many cases I will be filing to give these victims a voice and to expose the issue."

The lawsuit claims that Egan grew up in the Midwest and moved to Los Angeles in his early teens. Through a classmate's older brother, the complaint alleges, Egan met Marc Collins-Rector, then the chair of an Internet start-up known as the Digital Entertainment Network. Singer was an investor in the start-up, and the suit claims that the two men, along with other Digital Entertainment Network investors, would lure young men to a house in Encino known as the M&C Estate before plying them with drink and drugs and sexually assaulting them. The suit alleges that the parties were "well-known and notorious among many men in the Hollywood entertainment industry."

The suit details one encounter in which Egan claims Singer asked Egan to perform oral sex on him by the Encino estate's pool. When Egan refused, Singer pushed his head underwater before sexually assaulting him.

Egan's suit claims that he was flown to an estate in Kailua, Hawaii where Singer forced him to take cocaine before sexually assaulting him. The complaint alleges that the assaults and threats were also combined with promises from Singer to find Egan work in his films.

Source.... variety

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Wednesday, April 16, 2014

#DUI #Drug #Checkpoints April 17th - 19th for Southern CA. #DefenseAttorney

Newsflash from your Hollywood Attorney:

LAPD Targets Impaired Drivers with DUI Checkpoints and Saturation Patrols NA14064SF

What:    DUI Saturation Patrol

When:   Thursday, April 17, 2014, 7 P.M. to
              Friday, April 18, 2014, 3 A.M.

Where:   Hollywood Area
_________________________________________

What:    DUI Saturation Patrol

When:   Friday, April 18, 2014, 4 P.M. to
              Friday, April 18, 2014, 12 A.M.

Where:   Hollenbeck and Central Areas
_________________________________________

What:    DUI Saturation Patrol

When:   Friday, April 18, 2014, 5 P.M. to
              Saturday, April 19, 2014, 1 A.M.

Where:   77th Street Area
_________________________________________

What:    Sobriety & Driver’s License Checkpoint

When:   Friday, April 18, 2014, 8 P.M. to
              Saturday, April 19, 2014, 2 A.M.

Where: Sunset Boulevard at Orange Grove Avenue
              Hollywood, California
_________________________________________

What:    Sobriety & Driver’s License Checkpoint

When:   Friday, April 18, 2014, 8 P.M. to
              Saturday, April 19, 2014, 2 A.M.

Where: Gaffey Street at Santa Cruz Street
              San Pedro, California
_________________________________________

What:    Sobriety & Driver’s License Checkpoint

When:   Saturday, April 19, 2014, 8 P.M. to
              Sunday, April 20, 2014, 2 A.M.

Where: Topanga Canyon Boulevard at Cohasset Street
              Canoga Park, California
_________________________________________

Note:    Checkpoints are subject to change or cancelation.

Officers will be looking for signs of alcohol and/or drug impairment with officers checking drivers for proper licensing delaying motorists only momentarily. When possible, specially trained officers will be available to evaluate those suspected of drug-impaired driving.

Drivers caught driving impaired can expect the impact of a DUI arrest to include jail time, fines, fees, DUI classes, other expenses that can exceed $10,000 not to mention the embarrassment when friends and family find out.

Source..... LAPD

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Tuesday, April 15, 2014

#LeonardoDiCaprio's Attorneys Wants Judge to Dismiss #Ramapough Lenape #Lawsuit

Newsflash from your Hollywood Attorney:

When Leonardo DiCaprio’s company signed off on producing “Out of the Furnace” it was unlikely that they anticipated a lawsuit would quickly follow. However that is exactly what happened. Yet, lawyers for DiCaprio’s production company have fired back. A Monday story by TMZ reveals that attorneys for DiCaprio have asked a judge to throw out the case citing the First Amendment.

17 members of the Ramapough Lenape Nation filed a lawsuit claiming that “Out of the Furnace” disparaged their tribe. They base this claim on the fact that several members of the characters have last names suggesting Ramapough ancestry, and another character makes a disparaging comment claiming they are inbred.

While the judge in the case has not yet issued a ruling in the matter, it will be interesting to see if DiCaprio’s claim of First Amendment protection will be sufficient to void the lawsuit. However, life is not all legal troubles for Dicaprio.

A Monday story by MSN Entertainment reveals that Dicaprio and his girlfriend, Blake Lively, were spotted enjoying a night out on the town. The story reveals that the two stars were attending a performance by Stevie Wonder at the Hollywood Bowl. It is not clear what the two stars did after the concert, but it is nice to see Leo taking time away from his legal woes to enjoy life.

It is not uncommon for movies to portray historical characters and groups in unflattering lights. However, these groups have historically not had legal recourse on filmmakers. Rather, as long as there was a reasonable level of proof and the movie does not directly make the claim, then the filmmakers are usually safe from lawsuit. As a result, it seems unlikely that the Ramapough lawsuit will be successful.

Do you think that DiCaprio’s company should be legally liable for disparaging the Ramapough Lenape Nation?

Source....examiner

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Don't Take Chances at #DUI #Drug #Checkpoints

Newsflash from your Hollywood Attorney:

"Motorists approaching the checkpoint will see informational signs advising them that a checkpoint is ahead," Officer Baer said. "Once diverted into the lane, motorists will be detained only a few moments while an officer explains the purpose of the checkpoint and checks their driver license."

Baer said that, statically, young adults, males, and those driving at night have the "greatest risk" of being involved in a DUI-related crash.

He added that anyone who suspects a drunk driver is on the roadway, should call 911.

"Callers should be prepared to provide dispatchers a description of the vehicle, its location, and direction of travel," he said.

"One of the DUI drivers was a fourth time offender and was charged with a felony", Officer Baer stressed that sobriety checkpoints serve three main purposes: deterrence, removal of impaired drivers from the road, and education of the driving public.

Don't take chances, if you are caught and need help call me!

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com