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Donald Arthur Hilland

Donald Arthur Hilland

Wages, Overtime, Pregnancy Discrimination, Civil Rights
  • Employment Law, Civil Rights, Personal Injury ...
  • California
Badges
Claimed Lawyer ProfileQ&AResponsive Law
Education
Univ of West Los Angeles
Law Degree
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Awards
Witkin Award for Insurance Law
Witkin Award for Academic Excellence
Witkin Award for Highest Grade in Class
Witkin Award in Evidence
Witkin Award for Academic Excellence
Witkin awarded highest grade in class for Evidence 1 UWLA Law School
Professional Associations
California State Bar  # 240436
Member
- Current
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Jurisdictions Admitted to Practice
California
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Practice Areas
Employment Law
Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
Civil Rights
Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Domestic Violence
Domestic Violence Criminal Defense, Domestic Violence Restraining Orders, Victims Rights
Immigration Law
Asylum, Citizenship, Deportation Defense, Family Visas, Green Cards, Immigration Appeals, Investment Visas, Marriage & Fiancé(e) Visas, Student Visas, Visitor Visas, Work Visas
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Additional Practice Area
  • California Water Law
Legal Answers
Q. broke her arm while at school on the play ground
A: I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have no compassion, nor concern about the children, nor do they care about the parents' loss. So don't expect the school to claim responsibility. California schools are involved in many lawsuits and they fight them with great vigor and normally blame the students or the parents.

Don't expect to find much about injuries to children in the California Education Code. Most of the laws you will find have to do with disciplining children. But there is case law. The injuries can be covered usually in these circumstances which sounds like your case, if all three are present: Student injured (1) On school grounds, (2) while school is in session,(3) while being supervised by a school employee. There are many tripfalls along the way to a successful claim.

The first step is you have present a notice of government tort claim in writing within 180 days to the right people at the school district.* This is not as easy as it sounds because there are rules about what it needs to contain. Many government organizations have forms you must use. I could not find one for San Bernardino but you did not say what school she goes to. Anyway. You can see below the LA, Oakland San Diego and understand that's what you need for San Bernardino. I know they have one, but you may have to call and request it. (Another way to discourage claims if you wait until the last minute and they "mail it" to you.)

The next step is when they deny your claim, which they will, you have only 180 days to file the lawsuit. Understand the schools generally have insurance to cover these claims. It does not come from the books and supplies and teacher salary budgets. But no one else will tell you that. They will make it seem like you are robbing the children if you make a claim. Even when you file a claim, the school district's lawyers will try to make it appear as though it was your child's fault even though we do not hold children to the same standard as adults in our society. When it comes to suing the school,everyone will.

So you really an attorney who is experienced in suing what we call "public entities." Google that. See if there is an attorney in your area.

*State-Specific Examples of the "Notice of Claim" Process

In California, you must give written notice of your claim to the school district within six months of the date of student's injury. The district will then accept or reject the claim. If the claim is rejected, you can file a lawsuit in the state's civil courts. See examples of official forms for injury claims against California school districts:

Claim Against Los Angeles Unified School District

Claim Against Oakland Unified School District

Claim Against San Diego Unified School District

Claim Against San Francisco Unified School District ... Read More
Q. In a 50/50 custody situation, do judges take into consideration jobs of a parent where work travel is unpredictable?
A: Although family law courtrooms are very crowded, especially this time of year, Judges for the most part do strive to create workable schedules for working people with minor children. You're right that you need to keep working and supporting your children and you should not miss out because of your owning up to your responsibilities. I have seen them very cleverly craft child support orders for noncustodial parents who earn overtime so that the custodial parent receives a large amount of child support every month after the overtime is worked. In the same fashion, a schedule could be created to reflect the changes based on your changing travel schedule. It would be easier in mediation but parents don't always agree. If it is made clear enough to the judge and a solution is presented, then the Court will likely adopt such a solution. The key to going to court in any case is being prepared. Go in with a plan. Make it easy for the Court to adopt the plan as the most fair and easy solution even over the other parent's objections. To do that you will most likely need an attorney's representation. I say that not because I'm a lawyer wanting client, but because not everyone can draft documents that point to such a solution to your problem and also represent themselves well in court and speak well and judges often do not take parties impropria person, representing themselves, seriously. They will take you serious if you have an attorney, at least if the attorney is well prepared and providing a workable solution ... Read More
Q. I need a CA. lawyer for EDD appeal. The former employer is saying I quit--I WAS FIRED-they won't provide cc of term ppwk
A: So I answered this question quite extensively. I told you what to do and how to do it. If you want to give me a call or an email, please do. I'm very good at these hearings. I know the law on Unemployment and most attorneys do not.

Look at the answers that were already posted regarding

1. I told you that unless you engaged in willful and wanton conduct like stole from them or used violence, that you could easily win and start collecting.

2. I told you how to write a letter under Labor Code 226 (c) and to send it right away so you get your personnel file back before the hearing.

3. There are many other things, but I can't put them all here. Email me or call me and I probably can help you. ... Read More
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Contact & Map
Near San Fer courthouse
103 N Maclay Avenue
San Fernando, CA 91340
Telephone: (818) 838-3600
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