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The post Family of woman killed in Sept. 3 accident files lawsuit against driver … – Parker Pioneer appeared first on Attorney Legal Counsel.

For all the progress she’s seen in a year-old campaign to counter a local surge in illegal pot shops — 24 shut down in recent months with perhaps twice that many still operating, mostly in Oildale and Rosamond — Kern County District attorney Cynthia Zimmer said it remains an uphill fight.

Sheriff’s deputies go in with search warrants one day, arresting employees and seizing cannabis, psychoactive mushrooms, cash and firearms, she said. Then the shop reopens, sometimes the same day, typically in the same storefront.

Zimmer’s trying something different lately. Her office now goes after landlords who rent to illegal cannabis dispensaries, in civil court instead of criminal, pursuing penalties of $2,500 per day the shop operates.

The strategy is new to Kern but not unique in California, where it’s seen as a way to enlist landlords who may not be aware of their tenants’ illegal operation. Prosecutors save time and money, even as landlords sometimes have trouble evicting criminal tenants and, in some cases, the shop ends up relocating a few blocks away.

So far, Zimmer’s civil division, normally focused on consumer fraud and the like, has filed seven lawsuits against commercial property owners. She said one case led to a $2 million judgment against the landlord.

“We’re very excited about this and we’re moving forward,” she said.

The lawsuits open a new front in the county’s battle against illegal marijuana sellers in unincorporated Kern. Although 24 pot shop workers have been arrested since the start of September, Zimmer said, local law enforcement has had less success bringing charges against actual operators.

Los Angeles cannabis law lawyer Seena Samimi agreed government in general is “always one step behind the operator,” who he said may just set up shop five blocks away. But that’s also why it makes sense to work with landlords, he added.

Property owners renting to an operation without a license to sell marijuana, Samimi said, are “just as guilty as the tenant is” because they are allowing a use that’s not permitted.

Some landlords in Southern California protest that the government’s actions are unconstitutional, in effect buying time to keep collecting highly profitable rents, he said. But others comply, allowing law enforcement to save substantial work.

A Beverly Hills lawyer recognized for his expertise in cannabis matters, William S. “Bill” Kroger, said he has a client with a series of shopping malls who was levied a $36 million fine by the city of Los Angeles for renting space to a series of dispensaries.

Landlords receiving twice normal rent, in some cases, often don’t understand they’re breaking the law, Kroger said. He added that enforcement against property owners in Southern California has been “kind of hit and miss.”

But even after landlords get “woken up” by prosecutors, he said, successfully kicking out tenants is another matter. Some fight back, he said, and some just don’t follow the law.

“It’s a battle to get them out,” Kroger said.

David Michaels knows the feeling.

After inheriting a shopping center in east Bakersfield, he fell ill from diabetes last summer and ended up under medical supervision for more than three weeks. When he got out of a rehabilitation hospital in early September, Michaels said, he found out someone had entered a long-vacant barbershop on his property, changed the locks and opened an unlicensed pot shop.

The operator has no lease and has paid no rent, he said. But when he called the Kern County Sheriff’s Office to remove the store, Michaels said, the responding deputy didn’t believe he owned the property. No action was taken, he added, even after his lawyer offered the deputy a copy of the deed.

Michaels called Zimmer’s office, he said, but was referred to the Better Business Bureau.

“Nobody will help me,” he said. “I’m very frustrated about this.” Michaels noted he has listed the shop for sale and plans to use the proceeds to buy a home in Los Angeles.

A KCSO spokeswoman said the agency has authority to help landlords remove illegal pot shops, but that how the process works depends on particular circumstances. She declined to comment on Michaels’ case without knowing details such as when exactly calls for service came in.

“It’s a case-by-case basis,” Public Information Officer Lori Meza said by email, “and if KCSO were to help a landlord facilitate the removal of a tenant, that would become a civil issue that gets referred to the civil unit, and that process could take months.”

Zimmer was unfamiliar with Michaels’ case but said a situation like he described would probably lead her office to give him additional time to remove a tenant before filing suit.

“We do understand that sometimes it is hard for the landlord to evict the client,” she said.

The county is concerned about illegal dispensaries because, Zimmer said, they often attract criminal behavior to surrounding neighborhoods and they sell marijuana that may contain illegal, carcinogenic pesticides.

Working with the KCSO and state authorities, the District attorney’s Office files for search warrants that, besides turning up hundreds of pounds of cannabis since August, also yield information her staff uses to send landlords a letter warning they may face penalties if they do not cease and desist.

Some cooperate, others get additional search warrants, Zimmer said. Whether they get hit with a lawsuit depends on how cooperative they are, she added.

Her office’s specific approach, developed in cooperation with Riverside and San Diego counties, accuses property owners of unfair competition violations, basically asserting they’re stealing business from licensed dispensaries elsewhere. The lawsuits her office files also accuse property owners of allowing a public nuisance and of breaking state cannabis regulation and drug abatement laws.

It’s only been a few months, but she said combining search warrants with arrests of pot shop employees with civil suits “seems to be an effective combination.”

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Billings Gazette

Billstein, Monson & Small PLLC is pleased to announce that two of its lawyers have been recognized in the 2023 edition of The Best Lawyers in America. Attorneys recognized by Best Lawyers are divided by geographic region and practice areas.

Shane Coleman is recognized in practice areas of litigation – ERISA and intellectual property and patent, with a specific focus in the appellate practice area. Michael Monson is recognized in practice areas of commercial finance law, commercial transactions/UCC law and corporate law.

In addition, Billstein, Monson & Small PLLC has been named a Tier 1 firm in Billings for commercial finance law and received three Tier 2 rankings in commercial transactions/UCC law, corporate law, and real estate law.

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Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
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The post Two attorneys with Billstein, Monson & Small recognized in Best Lawyer directory appeared first on Attorney Legal Counsel.

Billings Gazette

Billstein, Monson & Small PLLC is pleased to announce that two of its lawyers have been recognized in the 2023 edition of The Best Lawyers in America. Attorneys recognized by Best Lawyers are divided by geographic region and practice areas.

Shane Coleman is recognized in practice areas of litigation – ERISA and intellectual property and patent, with a specific focus in the appellate practice area. Michael Monson is recognized in practice areas of commercial finance law, commercial transactions/UCC law and corporate law.

In addition, Billstein, Monson & Small PLLC has been named a Tier 1 firm in Billings for commercial finance law and received three Tier 2 rankings in commercial transactions/UCC law, corporate law, and real estate law.

The business news you need

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Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
or email us here: myseowritingservices@gmail.com
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