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Attorney vs Petitioner

  • Dave Griffin
  • Sep 13, 2016
  • 7 min read

I hired William F. Nimmo's A.P.C. Law Firm (now called Pacific Law Center or Bill Nimmo & Raymond Gomez) to represent me in my criminal case. I gave him $25000.00 so Bill Nimmo himself would represent me. But instead he assigned me his junior associate attorney at law Gregory Turner, from a different law firm. At first Gregory Turner bought the fee agreement to the county jail. He helped me with the documentation and the signing of the agreement with Nimmo’s Pacific Law Center. He explained he works in Nimmo’s law firm and would work on getting me a lower bail out. Well that didn't work so after 5 months, and around my birthday, I paid another $16,000.00 on a $200,000.00 bail, to bail out. (I initially paid $20,000.00 on a $200,000.00 bail on July 2005). My guy Gregory Turner under Nimmo’s Pacific law Center, discovery request to the district attorney on my behalf and represented me in the preliminary hearing as my attorney from Nimmo’s Pacific Law Center. So I believed all the while I had the reputation, experience and status of Nimmo’s Pacific Law Center handling my case. Boy was I wrong. Gregory Turner must have took my money, married another attorney at Nimmo’s Pacific Law Center named Kathryn Sadanzo (now named Kathryn Turner) and with them just being happily married, started their own law firm called Turner Law group with the money I originally gave William Nimmo. What's worst is that after a hearing he advised me to relieve him because to Japan and would be ineffective in my case since the trial was coming up. He also told me to not let William Nimmo know about anything and he’d give me some of my money back. (I’m willing to submit to a lie detector test to prove this point). He claimed that although according to him, he did not owe me, he just felt some type of way. Well that never happened.

In August 2012, I was housed at Corcoran State Prison, and one day at yard, I overheard two White inmates talking about personal legal matters where Gregory Turner’s name popped up. Now, usually in prison you don’t get in anyone's business; living in a primitive sub-culture where races are divided, and usually don’t associate on a normal basis, at least at that prison. That was when I was at a Level 4 prison, I’m at the Hilton now, but all that was thrown out the window. I spoke to the dudes and found that Gregory Turner has had his own law firm for years, proving effective legal assistance in someone’s case where he received a favorable deal. After some research I found this was true, Gregory Turner opened his law firm and arbitrarily represented me without my consent or knowledge, with Nimmo’s Pacific Law Center not doing a thing. Now this might not sound like a big deal but there are numerous laws made to combat insidious actions like this. (Bait and Switch) lawyers and law firm's alike are mandated by law that when funds are received or held for the benefits of clients they will be deposited in one or more identifiable bank accounts labeled ''trust account," or "client fund account." This authoritive law is California Rules of Professional Conduct, Rule 4-100. It is considered a serious misconduct for Nimmo’s Pacific Law Center to endorse my client funds to the Turner Law Group without my consent. In addition. Business and Professional Code Section 6148 provides the following;

Subsection (a)

(a) In any case not coming within Section 6147 in which it is reasonably foreseeable that total expense to a client, including attorney fees, will exceed one thousand dollars ($1,000), the contract for services in the case shall be in writing. At the time the contract is entered into, the attorney shall provide a duplicate copy of the contract signed by both the attorney and the client.”

Subsection (c)

(c) Failure to comply with any provision of this section renders the agreement voidable at the option of the client, and the attorney shall, upon the agreement being voided, be entitled to collect a reasonable fee.”

Commingling is regulated under Rules of Professional Conduct, Rule 2-200 Subdivision (A)(2), which states the following;

(a) “A member shall not divide a fee for legal services with a lawyer who is not a partner of, associate of, or shareholder with the member unless:

(1) The client has consented in writing thereto after a full disclosure has been made in writing that a division of fees will be made and the terms of such division.”

I filed a complaint with the state bar and was initially timed-barred. I refiled explaining that I should not be denied in pursuing my compliant due to Gregory Turner concealing the facts to present a complaint. The state bar entertained by complaint but ended up denying me because they believed Gregory Turner had told me he left Nimmo’s Pacific Law Center. Remember though, if this in fact were to be true Nimmo’s Pacific Law center and the Turner Law Group divided fees. Meaning a written agreement would have been performed designating the terms and conditions of the division of fees signed by me according to Rule 2-200. Furthermore, the Turner Law Group taking over my case would have created a contract for their legal services signed by me pursuant to BPS-6148. No sir-re-bob. They could not provide anything. And the most important element is missing a “written instrument” that would have to be signed by me if Nimmo’s Pacific Law Center wanted to terminate their agreement with me under their contact, so I was confused with the state bar's ruling.

In December 2015, 1 filed a law suit against William Nimmo Pacific Law Center, Gregory Turner, Katheryn Turner, Turner Law Group, alleging among other things, fraud and breach of contract in the Superior Court of San Diego. The professionals provided themselves very well representation by succeeding in getting my case thrown out on statute of limitations grounds. They argued that I should have been suspicious in 2007 when I was advised to fire Gregory Turner??????? (4 year statute of limitations was applied on my case so the latest date according to the 2007 date would be 2011) my issue was wrapped into me complaining that I thought Nimmo himself was supposed to represent me not Gregory Turner???? But nowhere in my complaint mentions or infers any referene I contended Nimmo was supposed to be my attorney of record. Rather my issue was Nimmo’s Pacific Law Center withdrawing their representation in my case. And then the Turner Law Group continuing representation without my knowledge, or the professionals disclosing this information to me according to law. Equally important, at the demurrer hearing on June 26th 2015, I attempted to persuade the judge Timothy Taylor in my favor. That Nimmo’s Pacific Law Center breached the contract because they withdrew their service without me signing a "written terminating instrument” according to the contract. (Both parties agreed that law firm could not withdraw services unless written agreement signed by client). I didn't find the facts of the professional's wrong doings until 2012, right before I filed the state bar complaint. As you already know because I told you earlier, the professional's surprisingly won the battle. Even after the judge ask the attorney representing the professional's, “Where’s the terminating document at?" The attorney’s replied, “This is all they gave me.” Simply put, the judge ruled in their favor when I presented evidence, undisputed facts by way of exhibits, the criminal retainer fee agreement, the State Bar complaint, and my testimony illustrating how and when I discovered the wrongdoing against their rebuttal evidence of "that's all they gave me." The reasoning behind Judge Timothy Taylor is unreasonable. In late 2015, I filed an appeal against the ruling of Judge Timothy Taylor, where I argued, Judge Taylor committed reversible error in sustain the professional’s demurrer without leave to amend on status of limitations grounds in the 4th District Appellate Court in San Diego. Meaning, Judge Taylor found the wrong accrual date as June 2007 (starting date of the four year for me to file complaint). First the Appellate Court, specifically the Deputy Court clerk, has been over fair with filing my documents. I don't know much about civil law and I'm only allotted (2) hours a week at the law library. Si I have to research, copy, analyze, apply, draft, and type my court documents all under the gun of time. Due to these deficiencies, I’m mostly late in filing my document's on a regular basis. I thank the Fourth District Appellate Court's personnel for their unbiased and impartial administration of justice. I don’t want or expect any form of special treatment due to my inexperience in civil law, just a fair hearing because the facts in my case will provide the just ruling.

I sent my opening brief to the Appellate Court for consideration this month of July. The appellate court's job is to review the ruling of the lower court's ruling. Essentially judging if there is any facts within my complaint or other evidence that will provide me a cause of action. Forcing the lower court to take my case back. Imagine the professionals you hired to assist you in maintaining and securing one of the most valuable items in life, aside from your health and well-being, your freedom, insidiously did not have your interest. How would you feel? Legal ethics and professional responsibility is the standard of behavior to which these law firms and members must conform to when doing business in this respected field. The courts and the State Bar is well versed in the regulations and rules so my burden should not have to become an expert in the old cannons of ethics or the model code to establish a complaint. The furthest this issue should have gone was the state bar.

Listen. 1m suing for 1 mill-ticket ($1,000,000.00) so to ensure I receive the maximum chances of success on this appeal, I’m asking all who can assist, a donation however small anything is plenty. If I do win I promise to use most of the monies to pursue the Striving for Excellence agenda.

Thank you for reading and consideration.


 
 
 

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