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• 14 Year Old Child Placed In Residential Treatment Center Secluded And Restrained In His Own Blood
  14 YEAR OLD CHILD PLACED IN RESIDENTIAL TREATMENT CENTER SECLUDED AND RESTRAINED IN HIS OWN BLOOD Dateline: October 22, 2007...Billings, MT Contact 1: Jarvis Krieger, PC Contact 2: Leejanice Toback, Esq. Contact 3: Scott Jarvis, Esq. Phone: (562) 597-7070 Fax: (562) 597-7772 E-Mail 1: lee@jarvislawyers.com E-Mail 2: Scott@jarvislawyers.com Web Address: www.jarvislawyers.comBILLINGS, MT - October 22, 2007 - Jeremy Ellis, a 14 year old Laguna Beach special education student who is currently placed at Yellowstone Boys and Girls Ranch, a therapeutic treatment center located in Billings, Montana, claims the facility abused him. In a letter to his attorney, Leejanice Toback, Jeremy described how doors were slammed into his face and he has been put in seclusion or restraints, lying in a puddle of his own blood.In the letter, Jeremy described how a staff member slammed doors in his face twice, causing his face to bleed and how he has regularly been put in seclusion and/or restraints for over one (1) hour, denied medical attention and given nothing to stop the bleeding. In addition Jeremy reports how he has been punched and kicked by a particular male staff member. He has told his mother that his therapist regularly refers to him and other children as "morons." Jeremy was referred to Yellowstone Boys and Girls Ranch by Orange County Mental Health Services. Jeremy's attorney, Leejanice Toback, originally requested a placement at Villa Santa Maria in New Mexico, but Orange County Mental Health Services refused, stating that the facility was not on their agency's approved list. After receiving Jeremy's letter, Ms. Toback phoned Yellowstone's C.E.O. Glenn McFarlane. He refused Ms. Toback's demand to report the incident to the Montana Child Protective Services Agency. Mr. McFarlane told Ms. Toback that Yellowstone would do its own investigation. He stated that, "if we reported all these complaints, we would spend all our time reporting incidents to Child Protective Services." Dave Schwarm, the Quality Improvement Specialist from Yellowstone confirmed to Ms. Toback that in the last month there were at least three (3) child abuse allegations made. He stated that according to his records, Jeremy is self abusing. When asked about evidence to support that claim, he hung up. Written requests to the facility to cease abuse of the child have gone unheeded. As of 10/8/07, Yellowstone reported to Jeremy's mother that he was again put in restraints, this time for touching his nose.Jeremy's parents and his attorney are trying to relocate him to a safe and secure treatment center, but they have been unsuccessful due to the records generated by Yellowstone painting Jeremy as uncontrollable and self injurious and the lack of cooperation by Orange County Heath Care Agency, who are insisting that Jeremy be transferred to a particular approved facility which has ten (10) locked seclusion rooms for their one hundred twelve (112) residents. "Parents place their special education children in these facilities for the purpose of treatment and structure, not so that they can be brutalized. We treat prisoners better than this", Ms. Toback stated. "The full color brochures and videos that these places prepare don't have pictures of kids secluded in stark rooms with no pictures, toys, books or music or restrained by adults three times their size." A recent Cornell University study found that over a ten (10) year period there were forty-five (45) deaths of children and adolescents in residential facilities due to the use of restraints. Jeremy's family is considering all options, including legal action against Yellowstone Boys and Girls Ranch.
• Quiznos Franchise Association Organizer Blocks Quiznos' Efforts To Close Down His Franchises
  QUIZNOS FRANCHISE ASSOCIATION ORGANIZER BLOCKS QUIZNOS' EFFORTS TO CLOSE DOWN HIS FRANCHISES Dateline: August 31, 2005 ... Los Angeles, CA Contact Name: Fred S. Pardes, The Law Offices Of Fred S. Pardes Contact Phone: (949) 443-3400 Contact Fax: (949) 443-3601 Web Address: fredpardes.com "David" Wins First Round vs. "Goliath" and Clears Path for Next Battle.LOS ANGELES, CA - August 31, 2005 In a precedent setting decision, the Los Angeles Superior Court issued a ruling which stopped Quiznos efforts to shut down one of its dissatisfied California franchisees, who had organized the "Quiznos Franchisees Association" to deal with Quiznos' continuous and total disregard of the economics interests of its nationwide franchisees. In an effort to thwart the Association's activities, Quiznos had further attempted to force the California franchisee to attend an arbitration proceeding more than one thousand miles away at Quiznos Corporate Headquarters in Colorado.Starting in 2004, Quiznos Franchise owners Bob and Ratti Baber alleged in their LA Superior Court South, Action, Case NC 036893, that Quiznos breached their earlier promise of no competing franchises within two miles of their franchises, and the "Implied Covenant of Good Faith and Faith Dealing", by encroaching upon their two territories, by placing new Quiznos franchises less than two miles of their Southern California stores. The demographics and profits to surrounding franchises clearly showed that the neighborhood could not support the introduction of two new stores in the area. Despite repeated requests for Quiznos to cease encroaching upon their territory, Quiznos placed one new store within 1.1 miles from their 845th restaurant and soon thereafter placed another store within 1.6 miles of their 1366th restaurant. To protect their very substantial investment and avoid further financial exposure to two long term and expensive store leases and to force Quiznos to address many issues of fellow Quiznos franchise Owners, Baber formed the Quiznos Franchisee Association. In an effort to intimidate the Babers and stop the growth of the Association, Quiznos increased the pressure and difficulties of store operation by scheduling incessant inspections and providing constant criticism of the store's maintenance over relatively minor and insignificant matters.Overburdened and unnecessarily placed under great stress by Quiznos' failure to address critical "franchisee" issues such as territorial encroachment, inadequate and ineffective advertising, and excess fees and charges affecting all fellow Quiznos franchisees, the Babers sought support from their fellow like-minded Quiznos franchisees. When the Babers efforts to organize other frustrated Quiznos franchisees started to become effective, Quiznos, attempted to terminate theirtwo franchises and subsequently sue the Babers for trademark violations under the Lanham Act.In the Baber's lawsuit, they allege that Quiznos attempted to wrongfully terminate their two franchises in retaliation for their formation and organization of the Quiznos Franchisee Association.Quiznos subsequently filed a "Request for Preliminary Injunction" to shut down the Baber's two California stores, as well as a "Motion to Compel Arbitration", which would force the Babers to attend arbitration in Quiznos home state of Colorado, despite all pertinent actions, events, and witnesses taking place and residing in Los Angeles County.On August 26, 2005, before Judge Joseph E. DiLoreto, the Court denied both of Quiznos' Requests for a Preliminary Injunction and a Motion to Compel Arbitration in Colorado. The court also ordered arbitration to take place in Los Angeles county, the county where both of the Baber's Franchisees are located. These two rulings follow the modern trend of the courts protecting the small franchisee owner against oppressive and abusive actions of Franchiser Corporations.For more information, please contact Fred S. Pardes, Esq. at 34211 Pacific Coast Highway, Suite 103 Dana Point, CA 92629