San Diego Law Firm Newsletter

SPRING 2006 page 2 of 3

Social Security Number Verification For Employers

The Social Security Number Verification Service (SSNVS), set up by the Social Security Administration (SSA), allows employers to use the Internet to match their records of employee names and Social Security numbers with those of the Government’s before preparing and submitting W-2 forms.

You can access the SSNVS at: www.socialsecurity.gov/bso/bsowelcome.htm. This is a faster and easier method to use than submitting requests to the SSA by other means, including the telephone verification option.

Verification of data is important for both the employer and its employees. Correct names and numbers are critical to successful processing of wage reports, and unmatched records can cause additional processing costs for the employer. From the employees’ standpoint, verified names and numbers allow the Government to properly credit employees’ earnings records. Any uncredited earnings can adversely affect future eligibility for Social Security’s retirement, disability, and survivors programs.

Finance Company Pays $85,000
Settlement for Car Repossession

San Diego Law Firm is pleased to announce its substantial jury victory and settlement against Lincoln Financial, an auto financing company who wrongfully repossessed the completely paid-for car of SDLF’s clients Angela Long and Jude Albert.

Ms. Long and Mr. Albert paid off their auto loan in August 2004, handing over $8,000 in cash to Lincoln Financial. Lincoln Financial gave them their vehicle title and promissory note, which it marked "paid".

For reasons never discovered, Lincoln Financial either did not record, or else ignored, the loan payoff. Instead, one month later, Lincoln Financial had Ms. Long’s and Mr. Albert’s fully paid-for car repossessed and sold.

Ms. Long and Mr. Albert retained San Diego Law Firm to help them. SDLF attorney Greg Larson prepared the case with SDLF’s characteristic attention to detail, carefully compiling all of the evidence and law supporting our clients. Despite this, Lincoln Financial refused our settlement offers and attorney Larson took the case to trial before a judge and jury in the San Diego County Superior Court.

The jury found in favor of SDLF’s clients and awarded them just under $80,000. The jury also found fraud by Lincoln Financial, which entitled our clients to a second phase of the trial to consider assessing punitive damages against Lincoln Financial. Attorney Greg Larson conferred with our clients and agreed to settle the case for $85,000 plus all court costs. The total settlement he obtained was almost $100,000.

After the trial, Angela Long and Jude Albert said, "Greg Larson and SDLF saved our lives. . . . Greg handled the case with so much passion and energy that we will be forever grateful to him and San Diego Law Firm. We would tell anyone that cares to listen how great we feel and how happy we are today as a result of having retained SDLF".

Greg Larson explained, "I believe the jury decision went our way because of our outstanding trial preparation and attention to every detail. We really care about our clients and their cases, and we pull out all the stops to help them."

San Diego Law Firm serves every client with the greatest care and professionalism. We continuously strive to meet all of our clients’ expectations. If you or someone you know needs an experienced trial lawyer, please call us toll-free at (800) 616-7720. If you need help, please call us today.

LANDLORD/TENANT
Insurer May Sue Renter For fire Damage Unless there is a contract or lease that provides otherwise, a tenant generally is liable to a landlord for negligently damaging the landlord’s property, such as by accidentally starting a fire. But, depending on the language in the landlord’s fire insurance policy, the tenant could end up defending himself against a powerful insurance company rather than the landlord.

Many insurance policies provide for subrogation, meaning that if the insurer pays a claim from the landlord for losses due to a negligently started fire, the rights of the landlord against the wrongdoer are transferred to the insurance company. In effect, the insurance company steps into the shoes of the landlord. This scenario played out in two recent cases that were consolidated because of their similarity. In one case, a person renting a single-family home caused a fire by leaving a flammable item unattended on an electric stove. In the other case, an apartment tenant accidentally started a fire with candles left burning in the bedroom. In both instances, the insurers had subrogation clauses in the policies taken out by the landlords.

Without success, the tenants argued that they should be treated as co-insureds, and therefore they should not be subject to a lawsuit by the insurers. The court ruled that tenants may well have an insurable interest in the leased premises, but they are on their own in terms of liability, unless a contract provides otherwise. The court reasoned that allowing an insurance company to sue a tenant avoids a double recovery by the landlord (from the insurer and the tenant), and it prevents culpable tenants from evading responsibility for their conduct.

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