Patrik Griego

Janssen Malloy LLP Amending Petition Regarding Unqualified Public Defender

On June 29, 2017 visiting Judge Carter found that the Petitioners had standing to pursue the petition to remove David Marcus as Humboldt County Public Defender.  Judge Carter also granted the County’s Demurrer, but with leave to amend so that Petitioners could add additional facts regarding Mr. Marcus’ lack of qualifications after taking his deposition.  Petitioners took Mr. Marcus’ deposition on July 3, 2017 and are now going to file an amended petition setting forth additional reasons why Mr.

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Proposition 64 Eliminates Drug Registration in Cannabis Cases

The passage of Proposition 64 in California has changed more than the class of offense for certain cannabis crimes.  It was specifically designed to be retroactive, permitting reductions in prior sentences, credit for time served, potential reduction in prior fines, and even outright destruction of certain records.
 
Another little discussed change in the law after Proposition 64 is the right for persons with cultivation, possession for sale, and transportation convictions to be relieved of any further duty to register.
 

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Janssen Malloy LLP Criminal Restitution Award Upheld on Appeal

In People v. Clark, Janssen Malloy LLP represented a victim of a sexual assault.  Pursuant to statute, victims of Penal Code (PC) section 288 are entitled to recover in criminal courts for pain and suffering as part of restitution.  PC section 1202.4(f)(3)(F) provides for the recovery of non-economic losses, including but not limited to psychological harm caused by a violation of PC section 288 (lewd act on child or dependent adult).
 

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Janssen Malloy LLP Sponsors Cannabis Farmer's Workshop Series

Janssen Malloy LLP is proudly sponsoring the Mad River Alliance and EPIC's Cannabis Farmer's Workshop Series.  Together with Humboldt Green and California Grower's Association, the local organizations are bringing to Northern California a series of six Cannabis Farmers Compliance Workshops.  The workshops and companion notebook are designed to provide the necessary resources for regional farmers to implement steps to come into compliance with with state, regional, and local laws.  The five remaining workshops are being held as follows:

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Anti-SLAPP Alive and Well in Humboldt County Superior and California Supreme Courts

Imagine you’ve been sued for commenting on a proposed piece of legislation, a political candidate’s qualifications, something that was said or occurred in a prior lawsuit, or a matter of public interest, generally.  Each of those topics certainly feels like an area where you should be able to exercise your First Amendment right to speak your mind, but now you have to spend money to defend yourself in court.  Thankfully, California has a law that not only protects your rights by giving you the opportunity at a very early stage in the proceedings to ask the court to dismiss your case, b

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Governor Signs Marijuana Regulation Bills

On October 9, 2015, Governor Jerry Brown signed a package of bills to regulate the medical marijuana industry in California:
  • AB 266 establishes the state medical marijuana bureau and gives it sole authority to issue, suspend or revoke licenses for the transportation, distribution and sale of the drug.
  • AB 243 requires marijuana farmers to obtain licenses through the state Department of Food and Agriculture, and gives the state the power to fine any grower that harms a river, stream or lake.

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Humboldt Needs to Be Ready for AB 266

Janssen Malloy LLP represents a number of local wine and craft beer businesses and has become familiar with the regulatory and licensing rules that must be followed in order for businesses to comply with the law and succeed.  Those rules and regulations have not applied to the marijuana industry in California.  But comprehensive marijuana regulation was a matter of time in California.  The time may be now.  

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Devil's Playground Accident Settlement

Janssen Malloy's Patrik Gregio recently negotiated a $400,000 settlement with the City of Eureka for a client, Kathleen Anderson, who was injured in an accident at Devil's Playground behind the Bayshore Mall in Eureka .  Prior to the settlement the case went to trial on liability, and Ms. Anderson received a jury verdict finding the City to have been 70% negligent and Ms. Anderson 30% negligent.  Ms. Anderson's injuries sustained in the fall resulted in a shoulder replacement surgery and a permanent limitation in the use of her right arm.

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Channel 3 Interviews Janssen Malloy Partner

News Channel 3 asked Janssen Malloy LLP Partner Patrik Griego to discuss POBRA, known commonly as the peace officer’s bill of rights, and to explain what rights police officers have when dealing with the press and being questioned after an officer involved shooting. Janssen Malloy LLP has represented dozens of peace officers in officer involved shootings in Humboldt County, Del Norte County, and on tribal land for the past fifteen years.

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Are There Time Limits on Victim Restitution?

The California Supreme Court recently depublished two appellate decisions on whether a victim can still seek restitution from a criminal defendant after that defendant is off of probation.

People v. Ford had held that criminal restitution could be sought even after a criminal defendant was off of probation.

People v. Hilton had found that unless a court reserved jurisdiction then jurisdiction is lost upon termination of probation.

The California Supreme Court will likely decide the issue within the next year.

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Jury Verdict Against CalTrans

On July 15, 2014, after a six week trial, a Humboldt County jury found CalTrans and State Parks liable for maintaining a dangerous condition of public property. Three years prior to that verdict a Humboldt County woman attempted to turn left from Grizzly Creek Redwoods State Park on to Highway 36 and was struck by an eastbound truck. Her husband, the passenger, died as a result of the collision. Janssen Malloy was retained by the widow because the CHP officer found her at fault for failing to yield the right of way.

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Janssen Malloy Settles HSU Police Brutality Case

Janssen Malloy LLP recently obtained a six figure settlement for a victim of police brutality by a Humboldt State University (HSU) police officer. Janssen Malloy understands that many police officers are falsely accused of excessive force. And we have taken pride in defending such officers when they are falsely accused. But when we reviewed the video of what occurred recently to a local young man who was pulled over without any legal basis and then maliciously kneed in the head by an HSU police officer who came to our community from Oakland P.D.

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Restitution for Humboldt County Crime Victims

Persons who have been harmed by criminal conduct often find that the prosecutor is appropriately focused on obtaining a conviction, but has less time to address the harms suffered by the victim.  Although the courts routinely reserve the right for victims to seek restitution, a victim oftentimes finds that they do not have the time or resources to ensure that they actually get back before the court to obtain a restitution order.It is important to know that as a victim of criminal conduct in Humboldt County you have a right to have your own lawyer present with you in court and to have that l

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CalTrans Found Liable for Dangerous Highway

Janssen Malloy LLP is currently involved in a case against CalTrans, who along with Department of Parks and Recreation, has refused to make Highway 36 safe for drivers trying to exit Grizzly Creek State Park.  As a result, there have been multiple accidents at this location and near accidents occur every week according to at least one park employee.  In 2011 an elderly woman lost her husband in one such accident attempting to leave the park.

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Ban on Medical Marijuana Dispensaries Upheld

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Medical Marijuana Coop Same as Food Coop

The Fourth District Court of Appeal recently reversed a trial court's decision to deny a defendant the right to argue to the jury that his actions complied with California's medical marijuana laws.

Recently, various law enforcement officials had taken the position that it was never legal for a medical marijuana dispensary to sell medicine to its members. Using a narrow interpretation of the Medical Marijuana Program Act (MMPA), some argued that marijuana could only be shared among members of a collective when each member assisted in the cultivation process.

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Help for Injured Humboldt County Residents

A recent federal ruling may help injured Humboldt County residents with employer based health plans.  Those injured by the negligent acts of others have been facing increasing hurdles in obtaining compensation if they are covered by an employment health insurance plan covered by ERISA.  Many employer based plans take the position that the insurer is entitled to recover every dollar paid for health care, even if that position results in the injured party and their attorney receiving nothing.  And when injured parties seek to view the actual health plan which purportedly entitles the insurer

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Medical Marijuana Dispensary Bill Clears Assembly

Medical marijuana dispensaries in Humboldt County and Del Norte County have faced an uncertain legal landscape because of a recent push by both local and federal officials to claim that California’s medical marijuana laws do not permit the selling of medical marijuana to members of a cooperative, despite published guidelines by California’s Attorney General which do permit such sales.  A recent crackdown in Del Norte County of a marijuana cooperative operating within the law has sent waves of fear into the community of patients in Crescent City.

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$8 Million Verdict Against Nursing Home

A Jefferson Circuit Court jury on Monday awarded $8 million in damages to the estate of a retired surgeon whose legs were broken while he was in the care of Treyton Oak Towers in Louisville.

The verdict against the nonprofit nursing home was returned after a two-week trial before Judge Brian C. Edwards.

Attorneys said that Dr. David Griffin died less than two months after he was improperly transferred from a chair into his bed - and that Treyton Oak tried to cover up what happened.

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Consumer Attorney of the Year Award Nominations

Janssen Malloy LLP partners, W. Timothy Needham, Michael J. Crowley, Patrik Griego and Amelia F. Burroughs have been nominated by Consumer Attorneys of California for the organization’s Consumer Attorney of the Year Award.  The nomination arises from the firm’s handling of the seminal jury verdict case of 2010, Lavender vs.

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Humboldt Harley Riders - Recall Information

Janssen Malloy has been working for years to increase awareness of motorcycle safety in our community and recently partnered with Redwood Harley Davidson to sponsor an event to raise money for services for our local veterans.

This past week it came to our attention that Harley Davidson issued a recall for 250,757 touring motorcycles from years 2008-2011 due to a issues with the brakes. Harley officials said the rear brake-light switch could be damaged by heat from the bikes' exhaust systems. There has been one reported accident attributed to the brake defects.

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Arcata Traumatic Brain Injury Film Today

Janssen Malloy LLP recommends that individuals interested in the difficulties facing persons in our community with traumatic brain injuries attend tonight's film at Humboldt State University ("HSU").

HSU's Disability Awareness events continue with “When Billy Broke His Head,” on Tuesday, October 18th, 2011, at 6:30 p.m., HSU Gist Hall 218.  This is a first-person road movie about disability, civil rights and the pursuit of an intelligent life after traumatic brain injury, and includes a post-film interactive workshop, free admission, and refreshments.

 

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Eureka Lawyer Obtains $725,000 Settlement

On June 8, 2011 Patrik Griego of  The Janssen Law Firm achieved a $725,000 award for a client injured in a car accident with an uninsured driver, Mr. Lewison.  Mr. Lewison suffered severe back injuries requiring a bi-level spinal fusion.  Mr. Lewison's insurance company initially offered to pay Mr. Lewison $60,000.  The Janssen Law Firm rejected that offer and after almost three years of litigation Mr. Lewison's insurance company offered $725,000 on the first day of arbitration after it became clear that Mr. Lewison would not accept less than full value for his injuries.

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Eureka Personal Injury Attorneys Finalists

News Release - For Immediate Release

June 21, 2011

Contact: Deborah Mathis, Communications Director - (202) 797-8600 or dmathis@publicjustice.net

Six California Lawyers Who Won Historic Verdict for Nursing Home Residents Are Finalists for Trial Lawyer of the Year Award


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Freedom of Information Act and DUIs

The same information act used to seek breath testing equipment in Humboldt County DUIs is now being used to seek Bin Laden pictures.  In cases involving allegations of driving under the influence we have successfully challenged the results of certain breath and blood testing equipment by requesting all documents concerning testing of those machines for accuracy.   We have been able to obtain important testing documents through Freedom of Information Act (FOIA) requests.  It was recently discovered that both the Eureka Police Department and Department of Justice breath testing devices were c

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$16 Million Verdict for Pedestrian

A Sacramento jury returned a verdict of $16 million in a lawsuit involving a young doctor who was hit by a car and permanently disabled while using a crosswalk the city knew to be dangerous.

Eureka and Arcata residents know that the fate of the young woman who was hit in Sacramento could have easily been visited upon any number of pedestrians attempting to cross our city streets each day.

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Skilled Healthcare Settlement Approved by Court

Settlement in Skilled Healthcare suit has been approved by court and praised by nursing home reform advocates.

On December 1, 2010, the Times Standard interviewed The Janssen Law Firm's Lead Trial Lawyer Timothy Needham about the Humboldt County Superior Court's Final Approval of the Settlement in the Skilled Healthcare Lawsuit.   The $677 million dollar jury verdict was the largest award ever given by a Humboldt County Jury.

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North Umpqua Foundation

The North Umpqua Foundation (TNUF) will hold a business meeting and its annual meeting October 23, 2010.  As usual, the meeting will take place in the library at The Steamboat Inn, 42705 North Umpqua Hwy, Idleyld Park, Oregon.   All members of TNUF are encouraged to attend.   Important agenda items will include updates on the Steamboat Falls fish passage project and the Legacy Rivers project with Pacific Rivers Council.   TNUF also has updated its website and all are encouraged to visit it at www.northumpqua.org.

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Skilled Healthcare LLC Lawsuit

On July 6th, 2010 a Humboldt County jury returned a verdict in excess of $670 million dollars against Skilled Healthcare Group, Inc., Skilled Healthcare LLC and 22 subsidiaries located throughout California for violating the state minimum staffing requirements.  The plaintiff class was represented by members W.

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Warning for those hosting graduation parties

It is graduation time and thus the season for many Humboldt County high school, Humboldt State University and College of the Redwoods parties.  Many parents believe that if minors drink in their presence they will be safer because they will be less likely to drink without adult supervision. The Janssen Law Firm wants Humboldt County residents to know that the California Legislature is likely to pass a law which makes social hosts who provide minors with alcohol civilly liable when the alcohol injures or kills the minor or another person.

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Nursing home staffing lawsuit - update

The Fresno Bee, in an article written by Barbara Anderson published on April 19, 2010, reported on the Humboldt County nursing home staffing class action lawsuit in which the Janssen Law Firm is one of the three law firms representing the plaintiffs.

Skilled Healthcare Group, Inc., a group of for-profit nursing homes have put elderly residents at risk and skirted state law by skimping on staff to make more money, lawyers contend in a class-action lawsuit.

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Lawsuit Filed to Stop Early Release of Inmates

As Humboldt County lawyers, we are seeing many requests for early releases from the Humboldt County Correctional Facility and prison based on new legislation to address overcrowding.   Crime victim advocacy groups have recently joined California lawmakers in filing a lawsuit against new potential legislation that would allow the state to release around 6,500 inmates this year before their prison sentences ended.   The new legislation would conflict with a voter-approved initiative that prohibits early releases to solve overcrowding problems, the lawsuit alleges.

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Free Speech Lawsuit Filed in Northern California

A Northern California carpenter's union has filed a civil rights lawsuit against the city for allegedly violating their right to freedom of speech by citing a group of protesting carpenters and confiscating their protest banner under a city sign ordinance.  According to the lawsuit,  protesters had set up on a public curb in November in front of a Citation Homes Central sales office to protest unfair wages. Lawyers representing the union said that since the sign was political speech and not advertising, the citation is invalid and their rights to free speech were violated.

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Medical Liens

One main responsibility of a personal injury lawyer is negotiating and reducing medical liens on behalf of an injured client.  If you have received medical treatment due to an injury where another person or business is at fault, a medical provider, insurance company, public source, or hospital may assert a lien for amounts they have paid or are owed for your medical treatment.

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2009 Street Fighter of the Year

Patrik Griego of the Eureka firm of Janssen, Malloy, Needham, Morrison, Reinholtsen, Crowley & Griego, LLP has been selected as Consumer Attorneys of California's ("CAOC") Street Fighter of the Year.  The award winner was announced at CAOC’s 48th Annual Convention Saturday in San Francisco.  The achievement was recognized by the California State Senate, who issued a declaration of recognit

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THE RECORDER recognizes success

THE RECORDER  recognizes the Janssen Law Firm's successful defense of Pacific Gas & Electric Company in Humboldt Country personal injury lawsuit arising out of injury in Ferndale.

On September 29, 2009, THE RECORDER highlighted the Janssen Firm's recent success in defending Pacific Gas & Electric Company against a personal injury lawsuit involving an electrical contact injury with the following article:

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