Sam Spital gets it ! He grew up in Los Angeles and nothing came easy. He started working at age 13 and continued working while going to high school, college and law school. Sam brings 39 years of integrity, dependability and good judgment, qualities indispensable in every aspect of Sam's life and the most important attributes for your attorney. Sam formulates a plan of action with your goals and expectations as the primary consideration. He strives to also provide you with a thorough understanding of the legal issues, economic realities and alternatives. PUBLICATIONS & PRESENTATIONS:
|
Communication Center | |||||
|
| ||||
|
|
"A Law Firm that Cares!"
|
Your First Telephone or Office Consultation With a Lawyer is Free!
Areas Of Practice:
Administrative Law
Antitrust & Trade Regulation
Business & Commercial Law
Criminal Defense
DUI, DWI, Driving Under the Influence
Education Law
Employment Law
Franchising
Government Agencies & Boards
Licensing
Litigation & Appeals
Motor Vehicle Accidents
Personal Injury
Real Estate Law
Sexual Harassment
Unfair Competition
White Collar Crimes
Wrongful Death
Wrongful Termination
Bar Admissions:
California, 1971
U.S. District Court Central District of California, 1971
U.S. District Court Southern District of California, 1971
U.S. Court of Appeals 9th Circuit, 1971
U.S. Supreme Court, 1978
U.S. Tax Court, 1978
Education:
Loyola Law School, Los Angeles, California, 1970
Juris Doctor Degree
Cal State University, Los Angeles, CA, 1966
B.A.
Representative Cases:
- Board of Registered Nursing vs. Kristin H.
Case Conclusion Date: January 31, 2012. Practice Area: Administrative Law. Outcome: BRN Accusation Withdrawn. No Public Record. No Disciplinary Action. Description: Board of Registered Nursing charged RN with incompetence and unprofessional conduct as a result of a 58 year old patient admitted to the Hospital with polycystic kidney and end stage liver disease, had an adverse reaction to the medication, his condition continued to deteriorate and later died. Kristin was the preceptor for another nurse who administered a medication written by a physician without verifying the medication order and dosage with the hospital pharmacy. The alleged incompetence was Kristin's failure to perform an intensive review of medications for this patient before any medications were given to him; her alleged failure to provide adequate supervision to the other nurse assigned as her orientee; and, her failure to review and note the correct dosage of the medication on the Medication Administrative Record for the patient. With testimony and evidence from multidisciplinary forensic experts and compelling legal and factual arguments made, my law firm obtained unprecedented results and the Accusation was dismissed and case closed by the Board of Registered Nursing.
- Board of Registered Nursing vs. Carol K
Case Conclusion Date: October 13, 2011. Practice Area: Criminal Law & State Board Licensing - Administrative Law Outcome: Public Reprimand. Description: The Board of Registered Nursing filed a formal and public Accusation against this Registered Nurse for an arrest for a BA of .22 and a conviction of a DUI (Driving Under The Influence of Alcohol). Based upon a powerful Legal Brief and compelling arguments made, the Board of Registered Nursing agreed to issue only a Public Reprimand, No probation ordered and no other public record of disciplinary action imposed on the client's license history.
- Board of Vocational Nursing vs. Vaneza D.
Case Conclusion Date: September 13, 2011. Practice Area: Administrative Law & Criminal Law. Outcome: Investigation Closed - No public record of disciplinary action filed. Description: The BVNPT may take disciplinary action against an LVN for a conviction of a felony or any offense substantially related to the duties and functions of an LVN. Respondent was arrested for Petty Theft, which resulted in a conviction for Trespassing. Based upon the comprehensive Litigation Brief and compelling arguments made, the complaint and investigation were closed.
- Board of Registered Nursing vs. Brenda W.
Case Conclusion Date: July 18, 2011. Practice Area: Criminal Law & State Board Licensing Outcome: Public Reproval. Description: The Board of Registered Nursing may take disciplinary action against an RN for a conviction of a felony or any offense substantially related to the duties and functions of an RN. Respondent had a conviction for Battery. Based upon the comprehensive Legal Brief and compelling arguments made, the Board of Registered Nursing ordered a Public Reprimand.
- Board of Registered Nursing vs. Aaron T.
Case Conclusion Date: June 14, 2011. Practice Area: Administrative Law & Criminal Law. Outcome: Investigation Closed - No public record of disciplinary action filed. Description: The Board of Registered Nursing may take disciplinary action against an RN for a conviction of a felony or any offense substantially related to the duties and functions of an RN. Respondent had a conviction for Domestic Violence and a Violation of Probation. Based upon the comprehensive Litigation Brief and compelling arguments made, the complaint and investigation were closed.
- Board of Registered Nursing vs. Tracy C.
Case Conclusion Date: October 5, 2010. Practice Area: Criminal and Administrative Law. Outcome: BRN Accusation Withdrawn. No Disciplinary Action. Description: BRN filed an Accusation alleging multiple counts of Unlawful Possession of an Illegal Substance, Failure to note administration of medications on MAR (Medication Administration Record); and Falsification of Hospital or Patient Records. After a painstaking investigation by our office and using multiple distinguished forensic experts on behalf of our client, we were able to establish that another RN had gained access to the PYXIS machine and committed these acts of unprofessional conduct.As a result, the Board of Registered Nursing agreed to withdraw and dismiss the previously filed Accusation, and there is now no record of disciplinary action on the BRN website.
- Board of Registered Nursing vs. Carol B.
Case Conclusion Date: August 19, 2010. Practice Area: Criminal and Administrative Law. Outcome: Investigation Closed - No public record of disciplinary action filed . Description: The Board of Registered Nursing may take disciplinary action against an RN for a conviction of a felony, misdemeanor or offense substantially related to the duties and functions of an RN. Based upon the Litigation Brief and compelling arguments made, the Board of Registered Nursing complaint and investigation were closed.
- Board of Registered Nursing vs. Dawne B.
Case Conclusion Date: August 18, 2010. Practice Area: Administrative Law. Outcome: Public Reprimand . Description: Registered Nurse charged with incompetence &/or gross negligence following a medication administration error (patient expired next day).
Practice Area: Administrative Law & Criminal Law. Date: Aug 17, 2010. Outcome: Board of Pharmacy Accusation Withdrawn - No Disciplinary record. Description: The Board of Pharmacy may take disciplinary action against a Pharmacist for a conviction of a felony, misdemeanor or offense substantially related to the duties and functions of a Pharmacist. Facts: 2008 Criminal Conviction. 2009 Acts of Unprofessional Conduct. Based upon the exhaustive Legal Brief and compelling arguments made, the Board of Pharmacy Accusation and case were closed
- .Contractors State License Board vs. FM, Inc.
Case Conclusion Date: November 18, 2010. Practice Areas: Criminal Law and Administrative Law. Outcome: Formal Accusation withdrawn, No public record of Accusation , Civil Citation only. Description: The CSLB filed charges against a national contractor, with locations throughout the United States, including California, alleging RMO convicted of Felony Harassment and Assault; in addition, CSLB alleged Misrepresentation on License and discipline by another State for certification and electrical permit issues. Based upon a powerful defense argued, the Contractors' State License Board Accusation was withdrawn and only a civil penalty paid.
- Board of Registered Nursing vs. Jennifer N.
Case Conclusion Date: August 9, 2010. Practice Area: Criminal Defense. Outcome: Investigation Closed - No public record of disciplinary action filed . Description: BRN investigation for improper removal of narcotic from the PYXIS system, and failure to report for drug testing. Based upon the comprehensive Legal Brief and compelling arguments made, the complaint and investigation were closed
- California Respiratory Care Board vs. MacNeil
Case Conclusion Date: July 21, 2008. Practice Area: Administrative Law. Outcome: License not revoked . Description: Petition to Revoke Probationary License filed by the Respiratory Care Board for failure to pass Competency Test. RESULTS: After presenting compelling Legal Brief, the Respiratory Care Board agreed to permit licensee to re-take test two additional times
- California Board of Pharmacy vs. Zimmerman
Case Conclusion Date: August 14, 2009. Practice Area: Administrative Law. Outcome: Probation - 5 years. Description: Allegations of multiple counts of Diversion of Dangerous Drugs or narcotics; use and possession of drugs; under the influence of drugs during work; and, conviction substantially related to duties and functions of pharmacist. Based upon the exhaustive Legal Brief and compelling arguments made, the Board of Pharmacy Ordered Probation.
- Board of Veterinary Examiners vs Grace Roberts, DVM
Case Conclusion Date: June 6, 2008. Practice Area: Litigation. Outcome: Non-Disciplinary Action Issued: Citation only . Description: Board investigation of allegations of Negligence, Incompetence, Aiding and Abetting, Anesthesia, Recordkeeping violations, and Duties of Supervising Veterinarian in death of cat after surgical procedure. Based upon the exhaustive Legal Brief and compelling arguments made, the Board of Veterinary Medicine imposed a Citation only.
- California Department of Real Estate vs. Lamson
Case Conclusion Date: April 14, 2010. Practice Area: Administrative Law. Outcome: Restricted Real Estate Salesperson License Issued. Description: Accusation to revoke Real Estate Broker's license for trust account violations in excess of $200,000. RESULTS: Department of Real Estate (DRE) permitted licensee to obtain restricted real estate salesperson license, which license to be unrestricted within two years
Case Conclusion Date: May 14, 2008. Practice Area: Administrative Law. Outcome: Public Reprimand Only . Description: MBC filed formal Accusation to revoke physician license for repeated negligent acts and incompetence in patient care and treatment. RESULTS: We presented a comprehensive Mitigation Legal Brief. Medical Board of California issued a Public Reprimand only.
- Board of Professional Engineers (BPELS) vs. Fred J.
Case Conclusion Date: March 17, 2010. Practice Area: Administrative Law. Outcome: Accusation Withdrawn, No Discipline on Record . Description: BPELS filed formal Accusation against Civil and Geotechnical Engineer Licenses for fraud and incompetence in multiple projects . We presented overwhelming evidence to refute all of the charges. In an unprecedented decision, the Board of Professional Engineers and Land Surveyors withdrew the Accusation and case closed.
- Board of Registered Nursing vs. Lisa A.
Case Conclusion Date: April 13, 2010. Practice Area: Criminal and Administrative Law. Outcome: Complaint dismissed and case closed . Description: Felony conviction substantially related to the qualifications, functions and duties of a Registered Nurse. After submitting a comprehensive Legal Brief, the BRN determined conviction did not constitute a basis for disciplinary action.
- People v. Lindsey
About 10 years after defendant had been convicted of armed robbery, the superior court issued a writ of habeas corpus on the ground his confession was received in evidence in violation of the U.S. Constitution and a US Supreme Court case which held unconstitutional a sister state's practice whereby a confession was submitted to a jury for its determination of voluntariness without having the trial judge first satisfy himself that it was voluntary.
- Miller v. Obledo
An optometrist sought review of a decision of the State Department of Health suspending him from participating in the Medi-Cal program, for one year. The optometrist contended that a state investigator's inspection of his Medi-Cal records pursuant to State law was invalid in that the investigator had not obtained a subpoena duces tecum. The Superior Court denied relief. - Thole v. Structural Pest Control Bd. of Dept. of Consumer Affairs
In disciplinary proceedings before the Structural Pest Control Board, a pest control operator had his license suspended for various violations including gross negligence. He claimed the term "gross negligence" was vague. The court held against the pest control operator ruling the term was not vague; additionally, the fact he eventually completed the work was no defense, stating that the Structural Pest Control Act contains no requirement of pecuniary loss to support the charge, and does not make restitution a defense.
- People v. Wax
Defendant was sentenced to state prison for selling narcotics. Subsequently, he filed a writ of habeas corpus seeking to have the allegation of a prior conviction, found to be true at the time of the trial, stricken from the record. The court denied the writ and the Defendant appealed. The Court of Appeal reversed the narcotic conviction, holding that failure to obtain and to consider an up-to-date probation report or a report from the Director of Corrections before denying the writ was reversible error. The court reconsidered the prior narcotic drug conviction.
- People v. Williams
In a nonjury trial, defendant was convicted of forgery in violation of Pen. Code, § 470. Representing himself as the payee thereof, defendant attempted to deposit and draw on two checks, which checks he knew to have been stolen from the United States mails. Defendant had previously pleaded guilty and been sentenced under a federal statute for possession of the checks as stolen mail. The Court of Appeal affirmed the conviction. The court held that forgery and possession of stolen mail were separate and distinct offenses, founded on different acts, so that prosecution for the forgery violation was not barred. The court also held that Pen. Code, § 654, prohibiting double punishment for an act made punishable in different ways by different sections of the Penal Code, did not apply to prohibit punishment for the state forgery offense after imposition of punishment for the federal crime.
Cases:
Kristin H., RN: Board of Registered Nursing charged RN with incompetence and unprofessional conduct as a result of a 58 year old patient admitted to the Hospital with polycystic kidney and end stage liver disease, had an adverse reaction to the medication, his condition continued to deteriorate and later died. Kristin was the preceptor for another nurse who administered a medication written by a physician without verifying the medication order and dosage with the hospital pharmacy. The alleged incompetence was Kristin's failure to perform an intensive review of medications for this patient before any medications were given to him; her alleged failure to provide adequate supervision to the other nurse assigned as her orientee; and, her failure to review and note the correct dosage of the medication on the Medication Administrative Record for the patient. RESULTS: Board of Registered Nursing "withdrew" public record of Accusation. Unprecedented results and No Discipline on file against the Registered Nurse. Case dismissed.
