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Class Action Certified January 22, 2010 Lymburner v. U.S. Financial Funding, Inc. C-08-00325 EDL. |
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Lee and Fields, APC is proud to announce the certification of their 1st national class action. Edward Lee and Christopher Fields, along with co-counsel Jeffrey Berns and David Arbogast of Arbogast & Berns and Bryan Kabatek and Richard Kellner of Kabatek Brown & Kellner, were appointed as class counsel in Northern District of California Case No. C-08-00325 EDL. In her complaint, Plaintiff Lymburner alleges violations of the Truth in Lending Act, Fraudulent Omission, and Unfair Competition. The class is defined as: All individuals in the United States of America who, between January 17, 2004 and the date that notice is mailed to the Class, obtained an Option ARM Loan originated by U.S. Financial Funding, Inc., with the following characteristics: (i)The numerical interest rate listed on page one of the Promissory Note is 3.0% or less; (ii)In the same paragraph referenced in (i), the Promissory Not uses the term “may” instead of “will” or “shall” change, when describing an increase in that listed numerical rate, e.g., the interest rate I will pay may change; (iii)The margin amount added to the index for the loan is equal to or greater than 1.75%; (iv)The promissory note does not contain any statement that paying the amount listed as the “initial monthly payment” “will” as opposed to “may” result in negative amortization after the first interest rate change date. Excluded from the Class are Defendant’s employees, officers, directors, agents, representatives, and their family members, as well as the Court and its officers, employees, and relatives. |
| Jury Verdict Obtained For Motorcyclist. |
Sometimes it’s the smaller cases that are the most gratifying. Such is the case with our client Marco Antonio Aguilar. On February 12, 2007 Mr. Aguilar was riding his motorcycle eastbound on Wilshire Boulevard when traffic in his direction backed up in the two lanes to the left of him. As Mr. Aguilar was proceeding through the intersection of Wilshire Boulevard and Cloverdale Avenue in Los Angeles, another vehicle made a left-hand turn in front of him on a green light. Consequently, Mr. Aguilar ran into the side of the other vehicle luckily only sustaining soft-tissue injuries. From the outset, the other party’s insurance company denied the claim arguing that Mr. Aguilar was the party-at-fault due to his alleged lane splitting. After becoming discontent with his previous representation, Mr. Aguilar came to Lee & Fields to substitute in on his case. Despite the fact that Mr. Aguilar incurred medical bills and property damage amounting to almost $29,000.00, relying on their “lane splitting” argument, the other party’s insurance company only offered $2,500.00 for full compensation. After a three-day trial, the jury awarded Mr. Aguilar the sum of $58,565.92 finding him only 20% at fault for his alleged lane splitting, an end result of more than 18 times what was originally offered. Suffice it to say, Mr. Aguilar was extremely pleased. Whether the case involves minor injuries, catastrophic injuries, or wrongful death, the law offices of Lee & Fields takes pride in diligently representing each client with the necessary compentency and care. If you or someone you know are involved in an accident resulting in injuries or death, call Lee & Fields for a free consultation. Like Mr. Aguilar, you’ll be glad you did. |
| DA Agrees To A Dismissal. |
The public defender who initially represented him advised Javier to plead guilty to a misdemeanor charge, pay a hefty fine, and be placed on probation for three years. Knowing that a misdemeanor conviction on his record would jeopardize his prospects of becoming a police officer, Mr. Rodriguez came to Lee & Fields for help. After four months into the case and after a hearing on a Motion to Suppress Evidence for lack of probable cause, the handling district attorney has agreed to dismiss the charges against Mr. Rodriguez. Mr. Rodriguez will now be free to pursue his dream of becoming a police officer. |
| Prince Frederic Von Anhalt To Star In Reality Show. |
When Prince Frederic later found himself defending a lawsuit filed by media paparazzo Dirk Smeten, he retained Lee & Fields to defend his interests. In that lawsuit, Mr. Smeten sued Prince Frederic alleging an assault and battery and claiming damages for personal injuries and emotional distress. During negotiations to resolve the dispute, it became readily apparent that Mr. Smeten was intent on cashing in on Prince Frederic’s perceived fame and fortune. Not to be taken advantage of and with confidence in his attorneys, Prince Frederic took his attorneys’ advice to proceed to trial. It proved to be a wise decision. The entire three day trial was broadcast live on TMZ.com via the internet, a Los Angeles Superior Court first. On April 10, 2008 after a three day trial, Plaintiff, Dirk Smeten, was awarded $4,600.00 on his $137,000.00 claim, a mere 3% of his demand and over $10,000.00 less than his claimed medical expenses. Prince Frederic along with Edward Y. Lee appeared on the Greta Van Susteren show on Friday, April 11, 2008 to explain the ruling. These two lawsuits and the accompanying press coverage brought Prince Frederic newly found notoriety and made him a TMZ favorite. While the proverbial iron was hot, Lee & Fields did not rest on the laurels of their recent court victory. Instead, they began seeking additional avenues to help their esteemed client. Realizing his immense marketability, Lee & Fields procured a talent agency to gauge interest in Prince Frederic’s future in entertainment. The response was remarkable. After weeks of negotiations, we are pleased to announce that, on October 24, 2008, Prince Frederic von Anhalt signed a contract negotiated by Christopher P. Fields to star in his own reality series tentatively entitled “Make Me a Princess”. The concept of the show, to be aired on the E! Network, places several young female hopefuls in competition to eventually become legally adopted by Prince Frederic and thereby officially becoming a Princess. Congratulations Prince Frederic and best of luck in your future endeavor! |
With the permission of our client, Javier Rodriguez, we are pleased to announce that the District Attorney for the City of Malibu has agreed to dismiss his case. Mr. Rodriguez is employed as a security guard with ambitions of becoming a police officer. After work on March 12, 2008, he was picked up by a friend who was alleged to have made an illegal U-turn. Unfortunately for Javier, he forgot to take off his gun holster. Although the gun was properly registered and Javier was permitted to carry an exposed firearm, he was arrested and charged with carrying a concealed weapon within a vehicle in violation of California Penal Code Section 12025(a)(1). 
Lee & Fields’ relationship with Prince Frederic von Anhalt began in February 2007 when the husband of Zsa Zsa Gabor hired them to file a paternity suit in the Anna Nicole Smith custody dispute. Due to the high profile nature of this case, Edward Y. Lee and Christopher P. Fields appeared alongside Prince Frederic on multiple national television shows, including the Greta Van Susteren Show, the Glenn Beck Show, ABC, CBS, and Fox News, and CNN, to explain the litigation process and legal rationale for Prince Frederic’s claim. Obviously, Prince Frederic was not found to be the father of Anna Nicole’s child. However, his exposure to the media from this case would later prove invaluable.