Strategic Lawyering

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More Interesting Cases

 

 

 

 

DIVORCE - CUSTODY GIVEN TO NON-BIOLOGICAL-PARENT.

In a divorce proceding a 12 year old girl was taken away from her mother and sole custody awarded to the 'father' who was not the girl's biological father.

    Divorce cases where there are children involved are like no others. The reason is that the third parties, the children, generally do not have much of a say. Except in the most egregious cases no one is representing the children. And often times there is anger or resentment of even the best parents which prevents them from seeing what is best for their children. Because of this Mr. Spears has a special consideration for divorces. This case was exceedingly hostile on the part of the mother. She made numerous false accusations against the father, including allegations of forcible marital rape and torture. These allegations were initially accepted as true by the court. There were two children, one the biological offspring of both parents, the other the result of an affair between mother and a lover during the marriage. Father was unaware, until the divorce, that his daughter was not his biological daughter. The wife's lover had moved to a Southern state. We located him there and after several meetings he agreed to return to California and testify. He could prove that the allegations were false. The biological father relinquished his parental rights to husband, and psychological experts determined that it would not be healthy for the children to be with the wife. Sole legal and physical custody of both children was awarded to husband.

 

EMPLOYMENT HARRASSMENT - HIGH PROFILE SAN DIEGO POLITICIAN.

A female employee was repeatedly harrassed and then fired when she complained.

    Strange things can happen in the workplace. Non-payment of overtime is frequent. Sometimes there is hostility and harrassment as happened to one woman who was employed by a prominent San Diego politician.  When she stood up for her rights the employer fired her. To make matters worse, she was never paid for overtime, having been improperly classifed as 'exempt from overtime' by the employer. The case was settled at full value without the need for litigation. The unpaid overtime hours and meetings with the employer were well documented which gave evidentiary creedence to the other claims. The employer was afraid to let it go to trial. Advice that Mr. Spears always gives employees troubled by their workplace environment is to keep a daily diary documenting all work hours, breaks, meetings and inappropiate workplace activity and conditions.

 

 

LAND SALE.

Successful settlement of land purchase dispute where the contract had expired by its terms.

    A rather unique land sales agreement was subject to several contingencies which had to occur during a specified time. The agreement was for several years duration, but expired without the contingencies occurring. Mr. Spears' client was left with no payment and no right to payment under the contract. Proceeding on a bad faith theory (breach of the implied covenant of good faith and fair dealing) Mr. Spears was able to succesfuly negotiate payment of the money due under the expired agreement. This was accomplished without any litigation or arbitration.